APPROVED Resolution No. 24-91 — Emeryville City Council, July 16, 2024 (part 1 of 2)

RESOLUTION NO. 24-91
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Contract With Fresh Start Painting Co. In An Amount Of $172,308.00 For The Civic Center Exterior Painting Project No. 16650015 And Authorizing The City Manager To Increase The Contract By $35,000 For A Total Not To Exceed Amount Of $207,308. CEQA Determination: Exempt Under Section 15061(b)(3)
WHEREAS, the scope of work for this project includes removal of corrosion, seal leak, and paint the exterior surface of the Old City Hall building as well as painting wooden windows. The work also includes repainting steel columns, steel girders, deck soffit, fascia assembly, sunshade assembly and handrails and cleaning the metal panels and window mullions and glass of the New Civic Center Building; and WHEREAS, the project was formally advertised on June 12, 2024, and WHEREAS, on July 1, 2024, 8 bids were received for the project, with the lowest responsive bid coming from Fresh Start Painting Co. in the amount of $172,308.00 which is significantly below the Engineer’s Estimate of $275,000, and WHEREAS, additional contingency work may be required during the course of the project; and
WHEREAS, sufficient funds are available in CIP book number FM-04 Project 16650015; now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to enter into a contract with Fresh Start Painting Co. in an amount of $172,308; and, be it, further
RESOLVED, by the City Council of the City of Emeryville that the City Manager is authorized to increase the contract by $35,000 for a total not to exceed amount of $207,308; and be it, further
RESOLVED, by the City Council of the City of Emeryville that said Project is determined to be exempt under State CEQA Guidelines Section 15061(b)(3).

Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 Resolution No. 24-91
Civic Center Exterior Painting
City Council Meeting | July 16, 2024

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ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, July 16, 2024, by the following vote:

AYES: 5
Mayor Welch, Vice Mayor Mourra and Council Members Bauters, Kaur and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:

CITY CLERK CITY ATTORNEY

ATTACHMENTS
 Exhibit A – Construction Contract with Fresh Start Painting Co.

Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5

C A L I F O R N I A

C O N S T R U C T I O N C O N T R A C T

F O R C I T Y U S E O N L Y
Contract No. CIP No.

Resolution No. Project No.

REV02/2024
THIS CONSTRUCTION CONTRACT (“Contract”) is effective as of _______________ (the “Effective Date”), by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and FRESH START PAINTING CO. (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.

W I T N E S S E T H T H A T
WHEREAS, by Resolution No. __________, the City Council of the City of Emeryville has authorized the Director of Public Works to solicit public bids for painting the exterior of the Old City Hall and Civic Center Building; and
WHEREAS, the City has conducted a public bidding procedure in compliance with all applicable laws; and
WHEREAS, Contractor submitted the lowest responsible bid; and WHEREAS, the City has determined that the Contractor is qualified by training and experience to render such services; and
NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. CONTRACT DOCUMENTS
The following documents, including their respective exhibits and addenda (collectively "Contract Documents"), are by this reference incorporated in and made a part of this Contract in the following order of precedence:
 Construction Contract
o Exhibit A –
1) Exhibit A(1) – Addenda to Project Specifications (if applicable) 2) Exhibit A(2) – Project Specifications
3) Exhibit A(3) – Addenda to Project Plans (if applicable) 4) Exhibit A(4) – Project Plans
5) Contractor’s Bid and Proposal (as accepted by City)
o Exhibit B – Contract Insurance Requirements
o Exhibit C – City Supplemental Terms and Conditions
o Exhibit D – Required Bond Documents
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | Construction Contract
REV02/2024

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 Attachment A – City of Emeryville Standard Specifications (online only) o http://www.ci.emeryville.ca.us/132/City-Standards
o http://www.ci.emeryville.ca.us/348/City-Standard-Specifications  Attachment B – State of California Department of Transportation Standard Plans (online only)
http://dot.ca.gov/programs/design/ccs-standard-plans-and-standardspecifications  Attachment C – State of California Department of Transportation Standard Specifications (online only)
http://dot.ca.gov/programs/design/ccs-standard-plans-and-standardspecifications Any and all future amendments to this Contract will be incorporated as Construction Contract Amendments as needed.

2. SCOPE OF WORK
In conformance with the Contract Documents, Contractor will furnish, all labor, materials, equipment, incidentals, transportation, and disposal for services required in order to perform and complete the Project.

3. PRICE
The total amount to be paid under this Contract for all of the work set forth in Section 2 above is exceed ONE HUNDRED SEVENTY TWO THOUSAND THREE HUNDRED EIGHT DOLLARS AND NO CENTS ($172,308.00) ("Total Contract Price"). This price includes all costs for labor, materials, tools, equipment, services, warranty, taxes, insurance, overhead, profit and all other costs necessary to perform the work in accordance with this Contract.

4. TIME FOR COMPLETION
After the Contract has been executed by City, Contractor shall begin work within seven (7) calendar days after the effective date of the Notice to Proceed issued by City and shall diligently prosecute the work to completion within sixty (60) working days from the effective date of the Notice to Proceed. Liquidated Damages in the Amount of $500.00 per calendar day will be assessed for failure to complete the contract work within the number of workdays specified.

5. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and City’s members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including without limitation injury to or death of an employee of DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | Construction Contract
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Contractor or subcontractors as well as any claim by any employee, agent, Contractor or independent contractor hired or employed by Contractor that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert contractors or expert witnesses incurred in connection therewith and the costs of investigation, arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Contract. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons

6. INSURANCE
Contractor shall not commence Services under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

7. NO WAIVER
Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.

8. NOTICES
Any notice required to be given by this Contract will be in writing and deemed effective upon personal delivery, or 1 business day after being sent via registered or certified mail return receipt requested or by overnight commercial courier providing next business day delivery and addressed to the following respective parties:

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | Construction Contract
REV02/2024

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CITY CONTRACTOR
Mohamed Alaoui, Public Works Director
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4300
E-Mail : [email protected]
with a copy to:

Ali Ahmadzadeh
1333 Park Ave
Emeryville, California 94608
Phone No: 510-596-3742
E-Mail : [email protected]
Dorris Koutantos
8 Seville Court
Milbrae, CA 94030
Phone No: 650-222-5369
E-Mail : [email protected]

9. ENTIRE CONTRACT
This Contract contains the entire agreement of the parties with respect to the subject matter of this Contract. Any modifications to this Contract shall be in writing.

10. AUTHORITY TO CONTRACT
Contractor covenants and declares that it has obtained all necessary approvals to bind Contractor to this Contract and that the representative signing the Contract is authorized to do so.

SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | Construction Contract
REV02/2024

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11. SIGNATURE PAGE TO CONSTRUCTION CONTRACT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney
Dated: CITY OF EMERYVILLE
Paul Buddenhagen, City Manager
Dated: FRESH START PAINTING CO.
(Signature)
Dorris Koutantos, President
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 07/02/2024
Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104 Addendum No. 1 Page 1 of 1
Specifications for Project:

City of Emeryville “Old” City Hall
and “New” City Hall Exterior Painting and Cleaning
PROJECT NO. EPW-24104
ADDENDUM NO. 1
June 24, 2024
To All Plan Holders:

Notice is hereby given that the following changes to the bid documents have been made for the above referenced project:

Part A – CONTRACT DOCUMENTS

1. Notice Inviting Bids
a. Notice is hereby given that the Bid Opening Date for City of Emeryville “Old” City Hall and “New” City Hall Exterior Painting and Cleaning Project No. EPW-24104 is hereby revised to be Monday, July 1, 2024, at 10:00 AM
b. Bidders bidding as the prime Contractor shall possess a valid California State Contractor’s License, or Classification C33-Painting and Decorating at the time of contract award and throughout the Contract term.

Signature of this Addendum Sheet and inclusion of it with the Proposal is required at the time of bid opening.

Date: June 24, 2024 by:______________________ ___________ Mohamed Alaoui
Public Works Director
Company Name: ___________________ Authorized Signature:________________ Authorized Name: ___________________ Date: ______________________ Exhibit A1
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5

SPECIFICATIONS
For
PROJECT:

City of Emeryville “Old” City Hall
and “New” City Hall Exterior Painting and cleaning
PROJECT NO. EPW-24104
Issued for Bidding: June 12, 2024
Bids Open: June 26, 2024 at 10:00AM
For Use with the Following:

1. City of Emeryville Public Works Notice to Bidders Part A

2. STUDIO Miers|Chou|Poon Architecture - Drawings dated June 5th, 2024

3. STUDIO Miers|Chou|Poon Architecture - Specifications dated June 5th, 2024

4. In accordance with Section 7-7.01(c) of Chapter 7 of Title 7 of the Emeryville Municipal Code, as City Engineer for the City of Emeryville, I do hereby exercise the discretion delegated to me and approve the plan or design of a construction of, or an improvement to, public property to which this statement and my signature is affixed.

Executed on day of , .

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
1333 Park Avenue, Emeryville, CA 94608
Tel. (510) 596-4330

TABLE OF CONTENTS
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 Exhibit A2

NOTICE INVITING BIDS

PART A BID DOCUMENTS

SECTION TITLE
1 BIDDER’S CHECKLIST ..............................................................................A-1 2 BLANK - NOT USED ..................................................................................A-3 3 PROPOSAL...............................................................................................A-4 4 BIDDER’S BOND.......................................................................................A-9 5 NON-COLLUSION DECLARATION .............................................................A-11 6 SUBCONTRACTORS LIST.........................................................................A-12 7 WORKERS COMPENSATION CERTIFICATE................................................A-13 8 CONTRACT.............................................................................................A-14 • Sample Contract
• Performance Bond
• Payment Bond
• Guarantee

PART B GENERAL PROVISIONS

SECTION TITLE
1 GENERAL ..................................................................................................B-2 2 BIDDING...................................................................................................B-5 3 CONTRACT AWARD AND EXECUTION........................................................B-10 4 SCOPE OF WORK .....................................................................................B-12 5 CONTROL OF WORK ................................................................................B-15 6 CONTROL OF MATERIALS.........................................................................B-25 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC .........................B-26 8 PROSECUTION AND PROGRESS ................................................................B-42 9 PAYMENT ................................................................................................B-46

PART C SPECIAL PROVISIONS

SECTION TITLE
1 MISCELLANEOUS ......................................................................................C-2 2 – 8 BLANK.....................................................................................................C-10 9 DESCRIPTION OF WORK ..........................................................................C-11 10 CONSTRUCTION DETAILS ........................................................................C-12

PART D EXHIBITS
Exhibit D: Painting: Limits of Work and Notes (Sheets 1-3)

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN THAT sealed bids will be received by the City of Emeryville, Alameda County, California, (hereinafter "City") at the Office of the Director of Public Works, 1333 Park Avenue, Emeryville, CA 94608, until 10 AM, June 26, 2024, at which time bids will be publicly opened for the following project:

City of Emeryville “Old” City Hall
and “New” City Hall Exterior Painting and cleaning
PROJECT NO. EPW-24104
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 The Project Scope of Work includes;
A. Work Covered by Contract Documents includes exterior painting of both the existing “Old” and “New” City Hall” as well cleaning of the “New” City factory painted components such as the metal wall panels and window wall which will not be painted. Work includes;

1. Painting of the exterior wood windows at the “Old” City Hall. All windows will be upgraded and repaired and most sash replaced under a separate contract with a wood window subcontractor. The wood window subcontractor’s work will include priming of the exterior new sash only – both interior and exterior. The painting work under this contract will be to apply final paint colors to all existing and replaced windows as well as to re stain or paint interior new sash that has been replaced. It should be assumed that 42 of the 50 existing windows will have their sash replaced as per the window schedule included in the contract documents.

2. Painting work of the “Old” City Hall windows will also include the refurbishing of the existing exterior frame including sills, jambs and heads. These exterior frames vary in condition and are identified as such in the door schedule included in the contract drawings. The refinishing of these exterior frames so as to be “paint ready” is to be broken out as a separate cost. Should any frame need to be replaced, that will be treated as a separate added cost. And a change order issued for it. It is our current assessment that most if not all frames can be reconditioned in place.

3. Repair of exterior cement plaster areas at the “old” City Hall and repainting of all stucco as per the color drawings included in the contract documents.

4. Cleaning of the concrete raised platform on the south side of the “old” City Hall.

5. In addition to Painting of all exterior wood windows and stucco surfaces, also paint all exterior doors, metal handrails and other exposed painted metal surfaces

6. Painting of all field constructed steel surfaces on the “new” City Hall including roof trusses, underside of metal deck soffits, metal fences, metal painted handrails, other misc exposed metal surfaces such as pipes, vertical cantilevered fences, metal flashing, stucco soffits and all other surfaces noted on the drawings, or which are in need of painting. Painting of the south side stair is not included in the scope of work as it has been recently painted

7. Cleaning of all Factory applied painted surfaces on the “new” City Hall including metal panels, window wall system (mullions/frames), glass and any other exposed factory applied painted surfaces.

8. Scaffolding as needed.

The work, to be completed within 60 working days, is more fully described in the Contract Documents, as defined in the Contract provided in Section 8, Part A, Bid Documents. The engineer’s estimate for this project is 275,000.00 Liquidated Damages in the Amount of $500.00 per calendar day will be assessed for failure to complete the contract work within the number of workdays specified.

Bidders and their proposed subcontractors shall hold such licenses as may be required by the laws of the State of California for the performance of the work specified in the Contract Documents. Bidders bidding as the prime Contractor shall possess a valid California State Contractor’s License, and Classification C33 – Painting and Decorating at the time of contract award and throughout the Contract term. The Contractor will also be required to ensure that all subcontractors working on the project are holding valid licenses suitable for their trade.

Bids shall be submitted on the forms included in Part A, Bid Documents, plainly endorsed with Bidder's name together with signed acknowledgment of any and all addenda. Bidder’s attention is directed to the Section 2, Part B, Bidding. Bid Documents shall be securely sealed in a suitable envelope marked with the name and address of the Bidder, and marked in capital letters on the front of the envelope, as follows:

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville “Old” City Hall
and “New” City Hall Exterior Painting and cleaning
PROJECT NO. EPW-24104
Whether mailed or personally delivered, all bids shall be securely sealed in a suitable envelope and addressed to the City Engineer, City of Emeryville, Alameda County, California, 1333 Park Avenue, Emeryville, CA 94608. No late bids will be accepted and will be returned unopened.

Each bid must be accompanied by a Bid Guaranty in the form of Cash, Bidder's Bond, Certified Check or Cashier’s Check in an amount equal to at least ten percent (10%) of the Total Bid Price. The Bid Guaranty will be retained and applied to any and all damages sustained by the City in the event that the successful Bidder fails or refuses to enter into the Contract awarded to it or furnish all required bonds and certificates of insurance.

Plans, Specifications, Bid Documents, Supplemental Specifications and any Addendum may be obtained free of charge from the City of Emeryville website at http://emeryville.org/904/RFPs-Bids or at www.ciplist.com.

The Contract awarded pursuant to this advertisement is subject to the State contract nondiscrimination and compliance requirements pursuant to California Government Code §12990.

The City of Emeryville hereby notifies all Bidders that it will affirmatively ensure that in any Contract awarded pursuant to this advertisement, disadvantaged business enterprises (DBEs) will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. DBEs are strongly encouraged to submit bids as both prime Contractors and subcontractors.

No pre-bid meeting
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 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 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 Architectural firm STUDIO Miers has provided engineering services to the City for this project.

Therefore, this 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 Ali Ahmadzadeh [email protected]. The deadline for submissions of initial questions and clarifications concerning the Contract Documents is June 19, 2024, at 5:00pm. Only signed Addenda issued by the City Engineer or Project Engineer are binding. The City of Emeryville hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. DBEs are strongly encouraged to submit bids as both primes and subs.

By order of the City Council of the City of Emeryville, Alameda County, California, June 12, 2024.

Date:

Ben Mohamed Alaoui
Director of Public Works, City of Emeryville
6/12/24
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 PART A

BID DOCUMENTS
PROJECT:

City of Emeryville “Old” City Hall
and “New” City Hall Exterior Painting and cleaning
PROJECT NO. EPW-24104
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104 A-1
SECTION 1
BIDDER’S CHECKLIST
All items on the Bidder’s Checklist should be checked next to each item and must be initialed and dated at the bottom for the Proposal to be considered complete. The City of Emeryville reserves the right to award a Contract in a manner and on the basis which will best serve the City.

The Bidders’ attention is specifically called to the following forms which must be executed in full as required:

1. (a) Bid Sheets □
The Base Bid Price, Add Alternate Price and Total Bid Price must be shown in the space on the Bid Proposal form provided.
(b) Bid Proposal Form □
A Bid Proposal form must be filled in, signed and submitted for the Bid Documents to be considered complete.

2. Bidder’s Bond (Accompanying Bid) □
If not otherwise providing cash, cashier’s check or certified check with its Bid Proposal as its bid guaranty, a Bidder’s Bond form must be filled out, signed, and submitted with the Bid Proposal for the Bid Documents to be considered complete. The surety’s power of attorney must be attached. Original signatures are required.

3. Non-Collusion Declaration □
A Non-Collusion Declaration form must be filled out, signed, and submitted with the Bid Proposal for the Bid Documents to be considered complete.

4. Subcontractors List □
A Subcontractors List form must be filled out and submitted with the Bid Proposal for the Bid Documents to be considered complete.

5. Workers Compensation Certificate □
The Bidder acknowledges that he/she must sign and attach any applicable Workers Compensation Certificate to the Bid Proposal.

6. Waste Management Plan □
Applicant is notified of need to prepare a Waste Management Plan as a project submittal.

On-line system is available at www.emeryville.wastetracking.com/# Check here signifies awareness of and intent to prepare, if awarded a contract.

7. Bond Requirements □
The Bidder understands that a performance bond issued by an approved surety equaling one hundred percent (100%) of the Total Contract Price amount will be required. A payment bond equaling one hundred percent (100%) of the Total Contract Price amount will also be required.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104 A-2

8. Addenda □
The Bidder acknowledges that he/she must sign and attach any applicable addenda to the Bid Proposal for the Bid Documents to be considered complete.

Initial: ______________________ Date: ______________
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104 A-3
SECTION 2
Not Used
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104 A-4
SECTION 3

PROPOSAL
To the Honorable City Council of the City of Emeryville, Alameda County, California.

PROJECT:

City of Emeryville “Old” City Hall
and “New” City Hall Exterior Painting and cleaning
PROJECT NO. EPW-24104
Name of Bidder
Street Address
City, State, Zip Code
Telephone No.

Email Address
FOR USE WITH THE FOLLOWING:

The Contract Drawings are generally titled CITY OF EMERYVILLE “OLD” CITY HALL AND “NEW” CITY HALL EXTERIOR PAINTING AND CLEANING
PROJECT NO. EPW-24104.

Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

The Bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.

In case of discrepancy between item price and the total set forth for the item, the item price shall prevail, provided, however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit basis items, is the same amount as the entry in the "Item Total" column, then the amount set forth in the "Item Total" column for the item shall prevail in accordance with the following:

PROPOSAL (CONT.) Project No. EPW-24104
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104 A-5
(1) As to lump sum items, the amount set forth in the "Item Total" column shall be the item price. (2) As the unit basis items, the amount set forth in the "Item Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price.

If this proposal shall be accepted and the undersigned shall fail to enter into the Contract and furnish the two (2) bonds in the sums to be determined as aforesaid with surety satisfactory to the Department of Public Works and provide the appropriate insurance certificates within ten (10) calendar days after the Bidder has received notice from the City Engineer that the Contract has been awarded, the City may, at its option, determine that the Bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Emeryville. If the deadline to perform any act shall fall on a Saturday, Sunday or legal holiday of the City, then the deadline to perform said act shall fall on the next regular business day.

The undersigned, as Bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firms, or corporation and in submitting this proposal, the undersigned Bidder agrees that he has carefully examined the location of the proposed work, the annexed proposed form of Contract, and the plans and specifications therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the City of Emeryville in the form of a copy of the Contract annexed hereto to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the City Engineer as therein set forth, and that he will take in full payment therefore the following item prices to wit:

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104 A-6

BID SHEET
Project No. EPW-24104 Contractor:

CITY OF EMERYVILLE “OLD” CITY HALL
AND “NEW” CITY HALL EXTERIOR PAINTING AND

CLEANING
EMERYVILLE, CALIFORNIA Date:

Plan
Nos.: EPW-24104 Amount rounded to Nearest: $.01
No. CONTRACT BID ITEMS Item Price
1 “Old” City Hall Exterior and Interior painting of the Exterior window sashes (42 new sashes provided under separate
contract to be primed. 8 exiting curved windows to remain) 2 “Old” City Hall Repair as needed and repainting of all stucco surfaces
3 “Old” City Hall cleaning of concrete bench on south side 4 “Old” City Hall painting of all exposed field painted building and site work steel including but not limited to all guardrails, handrails and perimeter security fencing 5 “New” City Hall painting of all field painted steel building elements including but not limited to roof trusses,
underside of metal deck, exposed flashing, metal pipes, etc. Also painting stucco soffits. The existing steel stair on the south side of the building is excluded from the
scope of work.
6 “New” City Hall painting of all field painted steel site elements including but not limited to all guardrails,
handrails and perimeter security fencing
7 Scaffolding for both buildings
Sub-Total BID SHEET “City of Emeryville
TOTAL BID PRICE: City of Emeryville “Emeryville Old City Hall and New City Hall Exterior Painting”

Bidder:

Authorized Signature / Title
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104 A-7
PROPOSAL (CONT.) Project No. EPW-24104
Accompanying this proposal is
(Notice: insert the words CASH ($), CASHIER'S CHECK, CERTIFIED CHECK, OR BIDDERS BOND) in an amount equal to at least ten percent of the total of the Total Bid Price.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE: If Bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual copartners composing firm; if Bidder or other interested person is an individual, state first and last names in full.

Licensed in accordance with an act providing for the registration of Contractors:

Contractor: License No.

Licensee Name
License Qualifier
Date Issued
Other License Classifications Hazardous Substances Removal: License No Licensee Name (May be Subcontractor)
License Qualifier
Date Issued
DIR Registration Number
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104 A-8
PROPOSAL (CONT.) Project No. EPW-24104
ADDENDA This Proposal is submitted with respect to the changes to the contract included in addenda numbers ____________ (Fill in any addenda numbers if addenda have been received.)
By my signature on this proposal, I certify, under penalty of perjury, under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Section 10162, 10232 and 10285.1 are true and correct and that the Bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal, I further certify, under penalty of perjury, under the laws of the State of California, that the Non-Collusion Affidavit required by Public Contract Code Section 7106 is true and correct.

SIGN HERE >>> by:
its:

Date:

END OF PROPOSAL
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104 A-9
SECTION 4

BIDDER'S BOND
KNOW ALL PERSONS BY THESE PRESENTS:

That , as Principal, and , as Surety, are
held and firmly bound unto the City of Emeryville, a municipal corporation located in Alameda County, State of California (hereinafter "City"), in the sum of ($) , being at least ten percent (10%) of the total amount of the Grand Total Bid Price, for the payment of which sum in lawful money of the United States of America to the City of Emeryville we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted said bid to the City for the CITY OF EMERYVILLE “Emeryville Old City Hall and New City Hall Exterior Painting” Project No. EPW-24104.

NOW, THEREFORE, the condition of the above obligation is such that if a Contract is awarded by the City within the time and in the manner required by the specifications for the Project, and a written Contract is entered into with the City and the requisite bond or bonds and insurance certificates are furnished, then this obligation shall become null and void, otherwise to remain in full force and effect for ninety (90) days following the public opening of bids for this solicitation.

In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorneys fee to be fixed by the Court.

Dated , 2024__.

TO BE CONSIDERED COMPLETE,
BOTH THE PRINCIPAL AND Principal

SURETY MUST SIGN THIS
BIDDER'S BOND. IN ADDITION, By:

THE SURETY'S SIGNATURE MUST

BE NOTARIZED AND
THE SURETY'S POWER OF ATTORNEY Surety
MUST BE ATTACHED. ORIGINAL
SIGNATURES ARE REQUIRED By:

Address of Surety
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104 A-10

CERTIFICATE OF ACKNOWLEDGMENT

STATE OF CALIFORNIA
ss

COUNTY OF ALAMEDA
On , 2024__ before me, ,
Notary Public, personally appeared
, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal Above)

END OF BIDDERS BOND
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104 A-11
SECTION 5

NON-COLLUSION DECLARATION
The undersigned declares:

I am the of , the party making
the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

The undersigned declares under penalty of perjury that the information contained in this proposal and all accompanying documents are true and correct.

Executed on
Legal Company Name
By:

Title:

Date:

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104 A-12
SECTION 6

SUBCONTRACTORS LIST
In accordance with Section 2-1.10 “Subcontractors List" of the Standard Specifications for this Contract, the following list of Subcontractors is submitted with the Proposal and made a part thereof.

1. Name of Subcontractor/Supplier
License No.

Dept. of Industrial Relations Registration No. ________________________________ Address
Work to be Performed
Bid Sheet Item No.

Percentage of Item No. to be Performed
Dollar Value of Work

2. Name of Subcontractor/Supplier
License No.

Dept. of Industrial Relations Registration No. ________________________________ Address
Work to be Performed
Bid Sheet Item No.

Percentage of Item No. to be Performed
Dollar Value of Work

3. Name of Subcontractor/Supplier
License No.

Dept. of Industrial Relations Registration No. ________________________________ Address
Work to be Performed
Bid Sheet Item No.

Percentage of Item No. to be Performed
Dollar Value of Work
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104 A-13
SECTION 7
WORKERS’ COMPENSATION CERTIFICATE
To be executed by Bidder and submitted with bid
By signing below, Bidder is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provision of that code, and if awarded a Contract, Bidder will comply with such provisions before commencing the performance of the work of this Contract.

Firm Name _
Signature of Authorized Official
Printed Name of Authorized Official
Title of Authorized Official _
Date
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-20103 A-14
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-20103 A-15
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-20103 A-16
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5

E X H I B I T B
Contract Insurance Requirements
As used in this Exhibit B, Contractor refers to , .

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, the atmosphere, watercourse or body of water, including groundwater. This City of Emeryville

C A L I F O R N I A
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020

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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
$2,000,000.00 per occurrence and $4,000,000.00 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.

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:

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020

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 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: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020

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 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.

5. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating no less than DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020

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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: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020

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E X H I B I T C
City Supplemental Terms and Conditions
As used in this Exhibit C, Contractor refers to , .

1. INSURANCE
Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

2. PAYMENT OF TAXES

2.1 Taxes Included
The lump sum and rates set forth in Exhibit A shall include full compensation for all taxes which Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt Contractor from payment of any tax will be furnished to Contractor by City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract. Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.

2.2 Business Tax
Contractor has and shall maintain a current business license with City of Emeryville during the term of this contract. Contractor shall insert in each of its subcontract Contracts a provision which requires its subcontractors to present proof that the subcontractor has obtained a current business license with City of Emeryville during the term of this contract.

3. PERMITS AND LICENSES
Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, city or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Contract.

City of Emeryville

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REV 09/2021 Page 1 of 6
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | City Supplemental Terms and Conditions REV 09/2021

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Contractor shall comply with all permits applicable to the Work. Contractor has and shall maintain the appropriate State Contractor’s License, pursuant to Chapter 9 of Division 3 of the California Business and Professions Code.

4. CALIFORNIA LABOR CODE REQUIREMENTS
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

B. If the Work is being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Work must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Contract and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | City Supplemental Terms and Conditions REV 09/2021

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C. This Contract may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

D. Pursuant to the requirements of section 1860 of the California Labor Code, Contractor will be required to secure the payment of workers’ compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. By signing this Contract, Contractor certifies the following:
“I am aware of the provisions of section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” E. Failure by Contractor to comply with any provision of this Section shall constitute a default of this Contract and shall be grounds for termination as provided in this Contract.

5. COMPLIANCE WITH LAWS
All Work performed by Contractor under this Contract shall be in accordance with applicable federal, state and local requirements, including, but not limited to environmental laws and laws regarding disposal of hazardous wastes.

6. NONCOLLUSION DECLARATION
By executing this Contract, Contractor declares that only persons or parties interested in this Contract are those named in Contractor’s bid or proposal and that such bid or proposal was not made in the interest of or on behalf of any undisclosed person, firm or organization; that the bid or proposal was genuine and not collusive or sham; that the signatory to this Contract has not directly or indirectly induced or solicited others to put in a sham bid or proposal, or to refrain from bidding or proposing; and that the signatory to this Contract has not in any manner sought by collusion to secure for itself an advantage over other potential proposers.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | City Supplemental Terms and Conditions REV 09/2021

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7. DISCRIMINATION PROHIBITED
Contractor covenants and agrees that in performing the Work required under this Contract, Contractor shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity, marital status, national origin or ancestry, age or disability, except as provided in section 12940 of the Government Code.

8. BONDS (REQUIRED FOR CONTRACT PRICES $25,000 AND GREATER)

8.1 Payment Bond
 Required /  Not Required
If required for this Contract, before beginning the Work, Contractor shall provide a labor and materials bond in the amount of one hundred percent (100%) of the Total Compensation, and which conforms with the requirements of Civil Code section 9550 et seq., as may be amended from time to time.

8.2 Performance Bond
 Required /  Not Required
If required for this Contract, before beginning the Work, Contractor shall provide a performance bond in the amount of one hundred percent (100%) of the Total Compensation to guarantee the faithful performance of the Work.

8.3 Bond Provisions
Any and all bonds required for this Contract shall be in a form acceptable to the City Attorney. Any such bond must be issued by a corporate surety which is an admitted surety insurer in the State of California. Any bond signed by an agent must be accompanied by a certified copy of such agent’s authority to act. If the surety on any bond provided by Contractor is declared bankrupt or becomes insolvent or it’s right to do business is terminated in any state where any part of the work is located, Contractor shall, within seven (7) days thereafter, substitute another bond and surety in accordance with the requirements set forth herein. Any alteration or alterations made in the Plans and Specifications which are a part of this Contract or in any provision of this Contract shall not operate to release any surety from liability on any required bond and the consent to make such alterations is hereby given. Any surety on such bonds hereby waives the provisions of Section 2819 of the Civil Code.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | City Supplemental Terms and Conditions REV 09/2021

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9. CITY LABOR REQUIREMENTS
A. As of the Effective Date, compliance with the City’s living wage ordinance is  required /  not required for this Contract. If this Contract provides for compensation to Contractor of $25,000 or more within a single fiscal year for providing services to the City, then Contractor shall comply with the requirements of the City’s Living Wage Ordinance set forth in Chapter 31 of Title 5 of the Emeryville Municipal Code, unless (i) Contractor is a governmental entity, (ii) this Contract is subject to a higher prevailing wage rate as defined in the California Labor Code, or (iii) this Contract is subject to federal or state laws or regulations that would preclude the application of the City’s laws.

B. Compliance with the Living Wage Ordinance, if applicable, shall be required during the term of the Contract for all employees of Contractor who perform at least twenty-five percent (25%) of the work arising from this Contract, unless said employees are otherwise exempt from the application of the Living Wage Ordinance pursuant to Section 5-31.08 of the Emeryville Municipal Code.

Contractor shall promptly provide to the City documents and information verifying compliance with the requirements of the Living Wage Ordinance within ten (10) working days following a written request for such documentation and information from the City.

C. Failure to comply with the Living Wage Ordinance provides that a person claiming a violation thereof may bring an action against Contractor for back pay, reinstatement and compensatory damages, as well as a penalty up to three times the amount of damages for a willful violation, plus reasonable attorney’s fees and costs. In addition, the City may terminate the Contract and pursue any other remedies available to the City, including debarment, for violations of the Living Wage Ordinance.

D. Contractor shall notify each of its affected employees with regards to wages that are required to be paid pursuant to this Contract. “Living Wage” means no less than $18.00 PER HOUR (which is subject to increase annually on July 1st to reflect the twelve-month average increase to the Consumer Price Index for all urban consumers in the San Francisco-Oakland-San Jose Metropolitan Statistical Area for the preceding year from May to April, not to exceed three percent (3%) in any one year) including wages and health benefits. If employer contributions for health benefits are not paid on an hourly basis, the employer must demonstrate to the City the hourly value of such benefits in order to receive credit for such payments to covered employees.

E. In addition to the Living Wage Ordinance, the Contractor may be required to comply with the City’s Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance, as set forth in Chapter 37 of Title 5 of the Emeryville Municipal Code, to the extent it is applicable.

10. RECORDS
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 Contractor will permit City to audit, examine, and make copies of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Contract. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Contract.

11. NO PERSONAL LIABILITY
No member, official or employee of the City shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Contract.

12. SEVERABILITY
The caption or headnote on articles or sections of this Contract are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Contract nor in any way affect this Contract. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the remainder of this Contract shall remain in full force and effect to the extent possible.

13. COUNTERPARTS
This Contract may be signed in counterparts, each of which shall constitute an original. It is expressly agreed that each Party to this Contract shall be bound by its own telecopied, scanned, electronic or digital signature and shall accept the telecopied, scanned, electronic or digital signature of the other Party to this Contract.

14. NO THIRD-PARTY BENEFICIARIES
Except to the extent expressly provided for herein, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that,
WHEREAS, the City of Emeryville, a municipal corporation located in Alameda County, State of California (hereinafter referred to as "City"), has entered into a Contract with , (hereinafter referred to as "Principal"), to construct the CITY OF EMERYVILLE “OLD CITY HALL EXTERIOR RENOVATION AND “NEW” CITY HALL EXTERIOR PAINTING AND CLEANING PROJECT NO. EPW-24104.; and
WHEREAS, the Principal is required under the terms of the Contract to furnish a bond for the faithful performance of said Contract.

NOW, THEREFORE, we, the Principal and
, as Surety, are held and firmly bound unto the City in the penal sum of ($ ), lawful money of the United States of America, being not less than one hundred percent (100%) of the Contract Amount, to be paid to the City or its successors and assigns; for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-bound Principal, or its heirs, executors, administrators, successors, transferees, or assigns approved by the City, shall promptly and faithfully perform the covenants, conditions, and agreements in the Contract until completion, during the original term and any extensions thereof as may be granted by the City, with or without notice to Surety, and shall also promptly and faithfully perform all covenants, conditions, and agreements of any alteration of the Contract made as therein provided, notice of which alterations to Surety being hereby waived, provided on the Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

FURTHERMORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that upon Final Completion of the Contract, the above obligation shall be reduced to the amount of ______________________ Dollars, ($ ), being not less than twenty percent (20%) of the Contract Amount, and shall hold for a period of two (2) years, during which time if the above bound Principal, or its heirs, executors, administrators, successors, transferees, or assigns shall fail to make full, complete and satisfactory repair and replacements or totally to protect the City from loss or damage made evident during said period from the date of Final Completion of the Contract, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, or failure to satisfy the warranty as set forth in the Contract, the above obligation in said sum of $ , shall remain in full force and effect, otherwise the above obligation shall be void.

Whenever Principal shall be declared by the City to be in default under the Contract, Surety shall promptly remedy the default, or shall promptly do one of the following at the City’s election:

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5

1. Undertake through its agents or independent Contractors, reasonably acceptable to the City, to complete the Contract in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Contract, including without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages.

2. Reimburse the City for all costs the City incurs in completing the Contract, and in correcting, repairing or replacing any defects in materials or workmanship and/or materials and workmanship which do not conform to the specifications in the Contract.

Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Specifications accompanying the same shall release or exonerate the Surety on this bond or in any way affect its obligations under this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work, or to the Contract Documents.

The Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Contract, and suit may be brought against the Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing the City’s rights against the others.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the City or its successors or assigns.

In the event the City, or its successors or assigns, shall be the prevailing party in an action brought upon this bond, then in addition to the penal sum hereinabove specified, Principal and the Surety, jointly and severally, agree to pay to the City or its successors or assigns, a reasonable sum on account of its attorney’s fees incurred in such action, which sum shall be fixed by the court.

IN WITNESS WHEREOF, the above bound parties have executed this instrument under their seals this day of , 20____, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

Principal
__________________________________________________
Name
__________________________________________________
Title
__________________________________________________
Signature
(SEAL)
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 Surety
__________________________________________________
Name
__________________________________________________
Title
__________________________________________________
Signature
(SEAL)
*Note: To be considered complete, both the Principal and an admitted Surety Insurer authorized by the California Insurance Commissioner to transact surety business in the State of California must sign the Performance Bond.

In addition, the Surety’s signature must be notarized and a copy of the Surety’s Power of Attorney DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5

PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS, that
WHEREAS, the City of Emeryville, a municipal corporation located in Alameda County, State of California (hereinafter "City"), has awarded a contract to , (hereinafter "Principal"), to construct the CITY OF EMERYVILLE “OLD CITY HALL EXTERIOR RENOVATION AND “NEW” CITY HALL EXTERIOR PAINTING AND CLEANING PROJECT NO. EPW-24104.; and
WHEREAS, the Principal is required to furnish a bond in connection with the Contract, providing that if Principal, or any of it or its subcontractors, shall fail to pay for any materials, provisions, or other supplies or teams used in, upon, for or about the performance of the Work contracted to be done, for any work or labor thereon of any kind, or claims to which reference is made in Section 9554 of the Civil Code, the Surety of this bond will pay the same to the extent hereinafter set forth.

NOW, THEREFORE, we, the undersigned Principal, and ,
as Surety, are held and firmly bound unto the City in the penal sum of Dollars, ($ ), lawful money of the United
States of America, being not less than one hundred percent (100%) of the Contract Amount, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, or its heirs, executors, administrators, successors, transferees, assigns, or subcontractors, shall fail to pay any of the persons named in Section 9100 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under this Contract, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Contractors and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond and will also pay, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.

This bond shall inure to the benefit of any and all persons named in Section 9100 of the Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

This bond is given to comply with Sections 9550 and 9554 of the Civil Code. The liability of the PRINCIPAL and SURETY hereunder is governed by the provisions of said Code, all acts amendatory thereof, and all other statutes referred to therein, including Section 8152 of the Civil Code.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, or the Specifications accompanying the same shall in any way affect its obligations on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Contract Documents.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Principal
Name
Title
Signature
(SEAL)
Surety
Name
Title
Signature
(SEAL)
*Note:

To be considered complete, both the Principal and an admitted Surety Insurer authorized by the California Insurance Commissioner to transact surety business in the State of California must sign the Payment Bond. In addition, the Surety’s signature must be notarized and a copy of the Surety’s Power of Attorney must be attached.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5

GUARANTEE
TO THE CITY OF EMERYVILLE for construction of the following Project:

CITY OF EMERYVILLE “OLD CITY HALL EXTERIOR RENOVATION AND “NEW” CITY HALL

EXTERIOR PAINTING AND CLEANING
PROJECT NO. EPW-24104.; and
By signing below, Contractor hereby warrants and guaranties to City of Emeryville all ("City") construction performed on this Project, including all material and equipment incorporated therein, as set forth below:

1. Pursuant to this Guarantee, Contractor agrees to unconditionally guarantee 1) the quality and adequacy of all of work provided on the Project including, without limitation, all labor, materials, workmanship, methods of installation, and equipment provided by Contractor and/or its Subcontractors (of all tiers) in connection with the Work under normal application, installation, and use and service conditions (collectively "Work"); and 2) that the work is fit for the purposes intended. The Guarantee provided hereunder shall become effective on the date of Substantial Completion; or where applicable, the Guarantee shall become effective on the first day following Substantial Completion of a specifically defined phase of the Project; or on such other date as may be specified elsewhere in the Contract Documents; and once effective, the Guarantee shall remain operative and shall bind Contractor as further described herein for a period of two (2) years, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents ("Warranty Period").

This Guarantee is in addition to any warranties or guarantees required or provided by the manufacturer or supplier or otherwise provided at law with respect to Contractor’s duties, obligations and performance under the Contract Documents.

2. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guarantee or relieve Contractor of liability with respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within the Warranty Period.

3. If, within the Warranty Period, the Work, or any portion thereof, is found to be defective, the City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs performed by Contractor. Such repairs or replacements shall include, without limitation, removal of any such defective Work and replacement of such Work with Work that is not defective, and satisfactory correction, or removal and replacement of any damage to other Work or the work of others resulting therefrom.

If City elects to have said repairs or replacements performed by Contractor, Contractor shall promptly, without cost to City, and in accordance with City’s written instructions, correct such defective Work. If City elects to perform the repairs or replacements, Contractor agrees to pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement by City. While carrying out correction, or removal and replacement of defective or nonconforming Work the Contractor must provide the same insurance specified before Contract acceptance. Nonconforming Work that is remedied pursuant to this Warranty shall be subject to an extended warranty obligation for the period of two (2) years after the acceptance of the repairs to the nonconforming work.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5

4. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though Work required to be provided under the Contract Documents has been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the applicable Warranty Period.

5. This Guarantee is not in lieu of any other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor’s duties, obligations, and performance under the Contract Documents, and is in addition to any warranties or guarantees required or provided by manufacturers or suppliers. In the event of any conflict or inconsistency between the terms of this Guarantee and any obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor.

6. If the Contractor fails or refuses to comply with its obligations under this Guarantee, City shall be entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reason of the said failure or refusal.
______________________________ ______________________________ Contractor Date
______________________________
Contractor's Name (print)
______________________________
Address
______________________________
City/State/Zip
______________________________
Phone
______________________________
Fax No:

END OF DOCUMENT
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
B-1
06/5/2024
2 PART B

GENERAL PROVISIONS
FOR
City of Emeryville “Old City Hall Exterior Renovation
and “New” City Hall Exterior Painting and Cleaning
PROJECT NO. EPW-24104
Issued for Bidding: June 12, 2024
Bids Open: MONTH June 26, 2024 at 10:00AM
Exhibit A2
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
B-2
06/5/2024
2 CITY OF EMERYVILLE

DEPARTMENT OF PUBLIC WORKS

STANDARD SPECIFICATIONS
These Standard Specifications are to be used in conjunction with the State of California, Department of Transportation Standard Specifications and Standard Plans dated 2015. In absence of revision by these Standard Specifications, comply with the State of California Department of Transportation Standard Specifications dated 2015.

DIVISION I GENERAL PROVISIONS
1 GENERAL
The Bidder's attention is directed to the provisions in Division I, Section 1, "General," of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 1, "General," of the Caltrans Standard Specifications, 2015, as follows:

SECTION 1-1.01 GENERAL
Add to 1st paragraph in Section 1-1.01 General as follows:

When counting paragraphs, individually numbered items and tables are part of the preceding paragraph.

Replace the 8th paragraph of Section 1-1.01 General with the following:

The Engineer will number bid items consecutively and uniquely for each contract.

Delete item 1 Assignments in the list in the 12th paragraph of Section 1-1.01 General.

SECTION 1-1.05 REFERENCES
Replace first sentence of the 4th paragraph of Section 1-1.05 References with the following:

Where a section number is referenced without a reference to a document, the reference is to a section of the Standard Specifications as revised by the City Standard Specifications and Special Provisions.

SECTION 1-1.07 DEFINITIONS
SECTION 1-1.07B GLOSSARY
Add to Section 1-1.07B Glossary, and where a glossary term definition already exists in the Standard Specifications, 2015, replace said term as follows:

Architect: The Engineer as defined in this section.

City: City of Emeryville
Department or Department of Transportation: The City of Emeryville.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 Director or Director of Transportation: The City of Emeryville Public Works Director or designee.

Engineering Standards: The current City of Emeryville Engineering Standards.

Engineer: The City Engineer, City of Emeryville, acting either directly or through properly authorized agents, the agents acting within the scope of the particular duties delegated to them.

Excusable Delay: Delay caused by the City and not reasonably foreseeable when the work began such as:

1. Change in the work;

2. City action that is not part of the Contract;

3. Described facility rearrangement not rearranged as described, by the utility owner by the date specified, unless:
(i) the rearrangement is solely for the Contractor's convenience, or (ii) as a result of a Contractor proposed construction method or detail;

4. City's failure to obtain timely access to the right-of-way; or

5. City's failure to review a submittal or provide notification in the time specified.

Federal Aid Contract: A project that is identified within the Special Specifications as being financed with Federal funding and for which you and the City must follow unique Federal requirements.

Highway: Highway or Highway Right of Way means the work site(s) as identified in the contract.

Holiday: Holiday shown in the following table:

Holiday Date Observed
Sunday Every Sunday
New Year’s Day January 1st
Birthday of Martin Luther King, Jr. 3
rd Monday in January
Washington’s Birthday 3
rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1
st Monday in September
Indigenous Peoples Day 2
nd Monday in October
Veterans Day November 11th
Thanksgiving Day 4
th Thursday in November
Day after Thanksgiving Day after Thanksgiving Day
Day before Christmas Day Last working day prior to Christmas Day Christmas Day December 25th
Day before New Year’s Day Last working day prior to New Year’s Day Caesar Chavez Day is not a City recognized Holiday but can be recognized through a written change order. If the holiday falls on a Sunday, the Monday following is a holiday. If the holiday falls on a Saturday, the preceding Friday is a holiday.

Laboratory: The City or a designated laboratory authorized by the City to test materials and work involved in the contract.

Landscape Architect: The Engineer as defined in this section.

MUTCD: The most current version of the California Manual on Uniform Traffic Control Devices.

Office of Structure Design: The Office of the City Engineer at the address located in the special provisions for the submission of bids.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
B-4
06/5/2024
2 Plans:

1. Project Plans: Drawings specific to the project, including authorized shop drawings.

2. Engineering Standards: Drawing standard to City of Emeryville.

3. Standard Plans: Drawing standard to Caltrans.

Permanent erosion control establishment period: Number of working days shown on the Notice to Bidders for permanent erosion control establishment work Plant establishment period: Number of working days shown on the Notice to Bidders for plant establishment work.

Specifications: The directions, provisions and requirements contained in the City of Emeryville, Standard Specifications and engineering standards as supplemented by the special provisions. Whenever the term “these specifications” or “these Standard Specifications” is used in this book, it means the provisions set forth in this book, in conjunction with, by reference, the edition of the State Standard Specifications as referenced in the beginning of this book. The Department of Transportation publications entitled Labor Surcharge and Equipment Rental Rates and General Prevailing Wage Rates are to be considered as a part of the special provisions.

State: The City of Emeryville.

Transportation Building, Sacramento City Hall, City of Emeryville, State of California.

State Highway Engineer The City Engineer of the City of Emeryville, State of California.

State Standard Specifications: Means the Standard Specifications of the California Department of Transportation, Business and Transportation Agency, dated 2015.

The Greenbook. Parts 2 through 6 of the Standard Specifications for Public Works Construction, 2015 Edition.

SECTION 1-1.08 DISTRICTS
Delete Section 1-1.08 Districts.

SECTION 1-1.11 WEB SITES, ADDRESSES, AND TELEPHONE NUMBERS Add to Section 1-1.11 Web Sites, Addresses, and Telephone Numbers as follows:

Reference Web Site Address Telephone Number
City of
Emeryville http://www.emeryville.org/ 1333 Park Avenue
Emeryville, CA 94608 510-596-4334
On-line Plan
Repository
http://www.ciplist.com
Delete from Section 1-1.11 Web Sites, Addresses, and Telephone Numbers the reference to Bidders' Exchange.

SECTION 1-1.12 MISCELLANY
Replace Section 1-1.12 Miscellany with the following:

Make checks and bonds payable to the City of Emeryville.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
B-5
06/5/2024
2 2 BIDDING
The Bidder's attention is directed to the provisions in Division I, Section 2, Bidding, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.

The form of Bidder's Bond will be found following the signature page of the Proposal.

In accordance with Public Contract Code Section 7106, a Non-collusion Affidavit is included in the proposal.

Signing the proposal shall also constitute signature of the Non-collusion Affidavit.

Replace, Delete or Add to Division I, Section 2, Bidding, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 2-1.01 GENERAL
Replace Section 2-1.01 General with the following:

Section 2 includes specifications related to bid eligibility and the bidding process.

SECTION 2-1.02 BID INELIGIBILITY
Replace Section 2-1.02 Bid Ineligibility with the following:

If an individual, firm, partnership or corporation, including any of its affiliates, partners, officers, employees, parent companies or subsidiaries, has provided architectural or engineering services to the City for this Contract before bid submittal for this Contract, then such individual, firm, partnership and corporation, and any of its affiliates, partners, officers, employees, parent companies or subsidiaries is prohibited from any of the following:

1. Submitting a bid

2. Subcontracting for a part of the work

3. Supplying materials.

The firm of Kimley Horn has provided engineering services to the City for this Contract. Therefore, this firm, 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, or supplying materials for the work under the Contract. 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 Contract.

SECTION 2-1.03 CONTRACTOR REGISTRATION
Replace Section 2-1.03 Contractor Registration with the following:

No contractor or subcontractor may be listed on a bid proposal for this Contract unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

SECTION 2-1.05 ADDENDUM
Add Section 2-1.05 Addendum as follows:

During the course of the bidding process if changes are made to the Plans, Specifications, Bid Documents or other Contract Documents, they will be posted to http://www.ciplist.com for prospective Bidders.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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06/5/2024
2 If discrepancies or apparent errors are found in the Contract Documents prior to the date of bid opening, Bidders shall submit a written request for clarification to the City Engineer, a minimum of Five (5) Days prior to Bid Date, which response to said request will be given in the form of addenda to all Bidders, if time permits.

The correction of any discrepancies in, or omissions from the Plans, Specifications, Bid Documents or other Contract Documents, or any interpretation thereof, during the bidding process will be made only by Addendum issued in writing by the City and signed by the City Engineer. A copy of each such Addendum issued by the City will be posted to http://www.ciplist.com . Any other interpretation or explanation of such documents will not be considered binding.

All Addenda must be signed by a Bidder and included with their proposal at the time of bid opening.

SECTION 2-1.06 BID DOCUMENTS
SECTION 2-1.06A GENERAL
Replace Section 2-1.06A General with the following:

The Bid Documents, set forth in Part A of City of Emeryville Specifications, include bid proposal form, certifications, bidder’s bond, declarations and acknowledgements. A standard proposal form, which, when filled out and executed shall be submitted as that Bidder's bid. Bids not presented on forms so furnished, and copies or facsimiles of the Bidder's completed and executed proposal forms submitted as a bid may be rejected by Owner in its sole discretion. Bid Documents, including Plans, Specifications, Notice Inviting Bids, Supplemental Specifications and any Addendum can be obtained on the internet at http://www.ciplist.com. State of California Department of Transportation Standard Specifications, 2015, and State of California Department of Transportation Standard Plans, 2015, are available for review at the City Public Works Office.

SECTION 2-1.06B SUPPLEMENTAL PROJECT INFORMATION
Replace Section 2-1.06B Supplemental Project Information with the following:

The availability or use of information described in this Section is not intended to be and shall not be construed to relieve the Bidder or Contractor from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling all the terms of the Contract Documents.

SECTION 2-1.07 JOB SITE AND DOCUMENT EXAMINATION
Replace Section 2-1.07 Job Site And Document Examination with the following:

Examine the job site and Bid Documents. Notify the City of apparent errors and patent ambiguities in the Plans, Specifications, Notice Inviting Bids, Bid Documents, Supplemental Specifications and any Addendum. Failure to do so may result in rejection of a bid or rescission of an award.

Bid submission is your acknowledgment that you have examined the job site and Plans, Specifications, Notice Inviting Bids, Bid Documents, Supplemental Specifications and any Addendum and are satisfied with:

1. General and local conditions to be encountered;

2. Character, quality, and scope of work to be performed;

3. Quantities of materials to be furnished;

4. Character, quality, and quantity of surface and subsurface materials or obstacles; and

5. Requirements of the Contract.

SECTION 2-1.09 BID ITEM LIST
Replace Section 2-1.09 Bid Item List with the following:

Submit a bid based on the bid item quantities shown on the Bid Sheets.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 SECTION 2-1.10 SUBCONTRACTORS LIST
Replace Section 2-1.10 Subcontractors List with the following:

On the Subcontractors List form, list each subcontractor that will perform work in an amount in excess of 1/2 of 1 percent of the total bid or $10,000, whichever is greater (Pub Cont. Code § 4100 et seq.).

For each subcontractor listed, the Subcontractors List form must show:

1. Business name and the location of its place of business.

2. California contractor license number.

3. Department of Industrial Relations contractor registration number.

4. Portion of work it will perform. Show the portion of the work by:

4.1. Bid item numbers for the subcontracted work

4.2. Dollar value and percentage of the subcontracted work for each bid item listed

4.3. Description of the subcontracted work if the percentage of the bid item listed is less than 100 percent
SECTION 2-1.12 DISADVANTAGED BUSINESS ENTERPRISES
Add to Section 2-1.12A:

This section is applicable to federally funded projects and only as directed in the special provisions.

SECTION 2-1.15 DISABLED VETERAN BUSINESS ENTERPRISES
Add to Section 2-1.15A:

This section is applicable only as directed in the special provisions.

SECTION 2-1.18 SMALL BUSINESS AND NON–SMALL BUSINESS SUBCONTRACTOR PREFERENCES Add to Section 2-1.18A:

This section is applicable only as directed in the special provisions.

SECTION 2-1.27 CALIFORNIA COMPANIES
Delete Section 2-1.27 California Companies.

SECTION 2-1.33 BID DOCUMENT COMPLETION AND SUBMITTAL
SECTION 2-1.33A GENERAL
Replace Section 2-1.33A General with the following:

Furnish a bid using blank forms provided in the Bid Documents. Bid must include all forms securely sealed in a suitable envelope and must be signed by the Bidder. Use the forms provided in the Bid Documents except as otherwise specified for a bidder's bond.

Do not fax or email bids. Failure to submit the bid as specified may result in a nonresponsive bid.

If an agent other than the authorized corporate officer or a partnership member signs the bid, file a Power of Attorney with the City either before opening bids or with the bid. Otherwise, the bid may be nonresponsive.

SECTION 2-1.33B ELECTRONIC BIDS
Delete Section 2-1.33B Electronic Bids.

SECTION 2-1.33D BID FORM SUBMITTAL SCHEDULES
SECTION 2-1.33D(1) GENERAL
Replace Section 2-1.33D(1) General with the following:

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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06/5/2024
2 The Bid Document includes forms specific to the Contract. The deadlines for the submittal of the forms vary.

Determine the requirements of the Contract and submit the forms based on the applicable deadline.

Bid forms and information on the form that are due after the time of bid may be submitted at the time of bid.

SECTION 2-1.34 BIDDER’S SECURITY
Replace Section 2-1.34 Bidder’s Security with the following:

Submit one of the following forms of Bidder’s security equal to at least ten percent (10%) of the bid: (i) cash; (ii) cashier’s check; (iii) certified check; or (iv) signed Bidder’s Bond by an admitted surety insurer.

Submit cash, cashier’s check, certified check, or Bidder’s Bond to the City as part of your bid.

The Bidder's Bond must conform to the bond form shown in the Bid Documents for the project and must be properly filled out and executed. The surety’s signature must be notarized and the surety’s power of attorney must be attached. Original signatures are required.

SECTION 2-1.37 BID SUBMITTAL
Add Section 2-1.37 Bid Submittal as follows:

Submit your bid under sealed cover, marked outside of the envelope containing the bid in compliance with the instructions contained in the Notice Inviting Bids. No bid will be considered unless accompanied by Bidder’s security equal to at least ten percent (10%) of the bid in the form of: (i) cash; (ii) cashier’s check; (iii) certified check; or (iv) signed Bidder’s Bond which must comply with Section 2-1.34.

If the bid is made by an individual, the individual’s name and mailing address must be shown. If made by a firm or a partnership, the name and mailing address of each member of the firm or partnership must be shown. If made by a corporation, the bid must show the name of the state under the laws of which the corporation was chartered, and the names, titles and business addresses of the president, secretary and treasurer.

SECTION 2-1.40 BID WITHDRAWAL
Replace Section 2-1.40 Bid Withdrawal with the following:

Bids are not considered filed with the City until the date and time of bid opening.

A Bidder may withdraw or revise a bid after it has been submitted to the City if this is done before the bid opening date and time.

SECTION 2-1.43 BID OPENING
Replace Section 2-1.43 Bid Opening with the following:

The City publicly opens and reads bids at the time and place shown on the Notice Inviting Bids.

SECTION 2-1.46 DEPARTMENT’S DECISION ON BID
Replace Section 2-1.46 Department’s Decision On Bid with the following:

The City's decision on the bid amount is final.

The City may reject:

1. All bids

2. A nonresponsive bid.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
B-9
06/5/2024
2 SECTION 2-1.47 BID RELIEF
Replace Section 2-1.47 Bid Relief with the following:

The City may grant bid relief under Pub Contract Code § 5100 et seq. Submit any request for bid relief to the Director within five (5) calendar days after the opening of the bids.

SECTION 2-1.48 RESERVED
Add Section 2-1.48 BID PROTESTS as follows:

1. Any protest of the proposed Project award must be submitted in writing to the City no later than 5:00 PM on the third business day following the date of the bid opening.

2. The protest must contain a complete statement of the basis for the protest.

3. The protest must state the facts and refer to the specific portion of the document or the specific statute that forms the basis for the protest. The protest must include the name, address, and telephone number of the person representing the protesting party.

4. The party filing the protest must concurrently transmit a copy of the protest to the proposed awardee.

5. The party filing the protest must have submitted a bid for the Project. A subcontractor of a party filing a bid for the Project may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.

6. The procedure and time limits set forth in these Instructions to Bidders are mandatory and are the bidders’ sole and exclusive remedy in the event of a bid protest. Any bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

7. The City shall review all timely protests prior to award of the Project. The City shall not be required to hold an administrative hearing to consider any protests but may do so at its option. At the time of the City Council’s consideration of the Project award, the City Council shall also consider the merits of any timely protests. The City Council may either reject the protest and award to the lowest responsible bidder or accept the protest and award the bid to the next lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all bids.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
B-10
06/5/2024
2 3 CONTRACT AWARD AND EXECUTION
The Bidder's attention is directed to the provisions in Division I, Section 3, Contract Award And Execution, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 3, Contract Award And Execution, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 3-1.04 CONTRACT AWARD
Replace Section 3-1.04 Contract Award with the following:

If the City awards the contract, the City will use best efforts to award the contract to the lowest responsive bid submitted by a responsible Bidder within 90 calendar days after opening of the bids.

SECTION 3-1.04B ADDITIVE/DEDUCTIVE CONTRACT AWARD
Add Section 3-1.04B Additive/Deductive Contract Award as follows:

When the bid proposal form includes additive or deductive alternates, the Engineer will determine the lowest bid as defined in the special provisions. If no method is defined in the special provisions, the lowest bid is determined on the base price without consideration for the prices of the additive or deductive alternates in compliance with Section 20103.8 of the Public Contract Code.

The City reserves the right to award or not award the Contract including or omitting the alternates.

Determination as to whether or not the alternates are included in the Contract will be made by the City.

All requirements in the Contract apply to the work required to complete the alternates.

SECTION 3-1.05 CONTRACT BONDS
Replace Section 3-1.05 Contract Bonds with the following:

Furnish two good and sufficient bonds to the City of Emeryville, California. Each bond must be in the amount equal to one hundred percent of the Total Contract Price. One bond is for payment of claims for labor and materials, and the other bond for faithful performance.

Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City the bonds required above on the forms supplied by the City. Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. Any bond signed by an agent must be accompanied by a certified copy of such agent’s authority to act. If the surety on any bond provided by Contractor is declared bankrupt or becomes insolvent or it’s right to do business is terminated in any state where any part of the work is located, Contractor shall, within seven (7) days thereafter, substitute another bond and surety in accordance with the requirements set forth herein. Any alteration or alterations made in the Plans and Specifications which are a part of this Contract or in any provision of this Contract shall not operate to release any surety from liability on any required bond and the consent to make such alterations is hereby given. Any surety on such bonds hereby waives the provisions of Section 2819 of the Civil Code. Bonds must remain in full force during the guaranty period. The required payment and performance bond forms are included in the Bid Documents.

SECTION 3-1.07 INSURANCE POLICIES
Add to Section 3-1.07 Insurance Policies with the following:

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 Procure and maintain, for the duration of the Contract, insurance against claims for injuries to persons, including death or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his Agents, Representatives, Employees, or Subcontractors. The cost of insurance is included in your bid.

All certificates and endorsements are to be received, reviewed and approved by the Engineer before the City will execute the Contract. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

SECTION 3-1.08 SMALL BUSINESS PARTICIPATION REPORT
Delete Section 3-1.08 Small Business Participation Report.

SECTION 3-1.18 CONTRACT EXECUTION
Replace Section 3-1.18 Contract Execution with the following:

The successful Bidder must execute and deliver to the Engineer the signed Contract, performance and payment bonds, executed guarantee, insurance certificates and endorsements, including certified copies of any and all insurance policies, if requested by the Engineer, Federal W-9 tax Form, and proof of Emeryville Business License.

The Engineer must receive these documents with ten (10) calendar days after the Bidder receives the Contract.

The Bidder’s Bond may be forfeited for failure to execute the Contract and provide the Engineer with all documents within the time specified.

SECTION 3-1.20 CITY BUSINESS LICENSE
Add 3-1.20 City Business License
The Contractor shall obtain a City Business License and for each subcontractor not already so licensed. The cost shall be included in his bid.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
B-12
06/5/2024
2 4 SCOPE OF WORK
The Bidder's attention is directed to the provisions in Division I, Section 4, Scope of Work, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 4, Scope of Work, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 4-1.02 INTENT
Add to Section 4-1.02 Intent the following:

All work and materials shall be in full accordance with the latest adopted standards and regulations of the State Fire Marshal; the California Building Code; Title 24 of the California Code of Regulations; the California Electrical Code; the California Plumbing Code; Americans With Disabilities Act; and all other applicable codes, laws, rules or regulations. Nothing in these Contract Documents is to be construed to permit work not conforming to these requirements. The Contractor agrees that immediately upon signing of the Contract, Contractor will diligently review the Contract Documents and determine if any work described or inferred within the Contract Documents is not in conformance with these requirements. Should the Contractor discover work within the Contract Documents not in conformance with these requirements, the Contractor agrees to immediately notify the Engineer in writing of said nonconformance, and to not proceed with nonconforming work. When the work detailed in the Contract Documents differs from governing codes, it is understood and agreed that the Contract sum is based upon the more costly or expensive standard.

The intent of the plans and Specifications is to prescribe the details for the construction and completion of the work which the Contractor undertakes to perform in accordance with the terms of the Contract, and that the work performed under the Contract results in a complete operating system in satisfactory working condition with respect to the functional purposes of the installation, and no extra compensation will be allowed for anything omitted but fairly implied. The prices paid for the various items in the proposal shall include full compensation for furnishing all labor, materials, tools, equipment, overhead, profit, incidentals, and doing all work necessary to complete the finished product as provided in the Contract Documents. Where the plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the finest quality are to be used. The Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract to the highest possible standard of workmanship.

Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract Documents, or in the event of any doubt or question arising respecting the true meaning of the Contract Documents, the Contractor shall apply to the Engineer in writing for such further explanations as may be necessary, and the Engineer shall render his or her decisions thereon. The Contractor shall thoroughly review all Requests for Information (RFI's) submitted by subcontractors prior to submission to the Engineer to determine whether such RFI's is already answered in the Contract Documents. The Contractor represents to City, that by submission of an RFI, the Contractor has thoroughly reviewed the RFI and thoroughly reviewed the Contract Documents, and determined that the RFI is not answered or reasonably inferable in the Contract Documents, and that the RFI pertains to an unforeseen condition or circumstance that is not described in the Contract Documents, that there is a conflict or discrepancy in the Contract Documents, or there is an omission in the Contract Documents.

You are responsible to obtain a copy of the Plans, Specifications and current applicable standards and keep them at the job site for reference.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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06/5/2024
2 You must maintain on the job site information on the manufacturer’s recommendation for installation or application when that information exists.

SECTION 4-1.05 CHANGES AND EXTRA WORK
SECTION 4-1.05A GENERAL
Add to Section 4-1.05A General the following:

In instances where you and the City dispute that certain work is extra work or a change in the character of the work, you are responsible to obtain from the Engineer, for the disputed work, agreement on: (i) labor; (ii) materials; and (iii) equipment.

The agreement for disputed work must be on a form provided by City and signed by both parties. Contractor shall maintain and submit these records in compliance with Section 5-1.27. The Agreement for Disputed Work signed by the Engineer does not constitute agreement by the City to pay for disputed work. 4-1.06 DIFFERING SITE CONDITIONS
Add 1.06 D Archaeological Discoveries
Refer to Section 14-2.03 of Standard Specifications
SECTION 4-1.07 VALUE ENGINEERING
Add to Section 4-1.07 Value Engineering as follows:

This section is applicable only as directed in the special provisions.

SECTION 4-1.13A WORK SITE MAINTENANCE
Add Section 4-1.13A Work Site Maintenance as follows:

You agree, by acceptance of a Contract or issuance of permit, to properly maintain the work site in a safe, clean and neat condition at all times.

Prior to the end of each workday you must remove all equipment and construction materials from the public right-of-way and authorized encroachments to private property, except as may be authorized by such permits.

The public right-off-way and encroachments to private property must be clean of any construction materials including but not limited to concrete, oils, asphalt, sand, aggregate, base, construction material packaging.

At the direction of the Engineer, use a self-loading motor street sweeper with spray nozzles to clean the rightof-way. Do not use street sweepers or blowers that use high velocity air to disperse or blow contaminants out of project area. Clean project area and surrounding perimeter including any other area impacted by this work.

Any traffic stripes or pavement markings that are removed or obliterated during work must be replaced with temporary tape, markers, or paint prior to opening the area to traffic. This maintenance and repair responsibility will run for the life of the encroachment and guarantee period. Replace with permanent striping and pavement markings in compliance with Section 84.

SECTION 4-1.13B STOCKPILES
Add Section 4-1.13B Stockpiles as follows:

Keep stockpile materials in the street to a minimum and remove by the end of each work day. Sweeping is required to remove stockpile residue either by hand, or at the direction of the Engineer, by mechanical street sweeper.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
B-14
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2 Provisions must be made for controlling dust, arising for whatever reason, from stockpile materials or work on the project. You are responsible for maintaining all stockpile areas in a neat and dust-free condition, with adequate storm water controls. Comply with Section 5-1.20B(4).

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 5 CONTROL OF WORK
The Bidder's attention is directed to the provisions in Division I, Section 5, Control of Work, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 5, Control of Work, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 5-1.01 GENERAL
Replace the 9th paragraph in Section 5-1.01 General with the following:

Whenever you change the normal agreed-to hours of work you must provide 24-hour notice to the Engineer.

The Engineer may or may not approve such a change. If the change is not approved, any work you perform outside the normal hours of work and in the absence of the Engineer will be subject to rejection.

Normal hours of work fall between 7:00 A.M. and 5:00 P.M. Monday through Friday excluding City holidays. Obtain approval from the City for any work between the hours of 5 P.M. and 7 A.M., or on Saturday, Sunday or City holidays pursuant to Chapter 13 of Title 5 of the Emeryville Municipal Code.

SECTION 5-1.02 CONTRACT COMPONENTS
Replace Section 5-1.02 Contract Components with the following:

A component in one contract part applies as if appearing in each. The parts are complementary and describe and provide for complete work. These standard specifications work in conjunction with:

1. project plans;

2. engineering standards;

3. standard plans;

4. manufacturer’s recommendations.

Where materials and methods are specified, details in plans and standards are to be consulted to provide full information needed to complete installations.

If a discrepancy exists, the governing ranking of Contract parts in descending order is:

1. All Approved Contract Change Orders to the Agreement

2. Construction Agreement

3. Notice Inviting Bids

4. Bid or Proposal accepted by the City

5. project special provisions;

6. project plans;

7. Part B General Provisions

8. City engineering standards; Including Greenbook, 2015 Edition Parts 2 through 6

9. City standard specifications;

10. State standard specifications;

11. State standard plans;

12. Written numbers and notes on a drawing govern over graphics;

13. A detail drawing governs over a general drawing;

14. A detail specification governs over a general specification;

15. A Specification in a section governs over a specification referenced by that section.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
B-16
06/5/2024
2 Where manufacturer's recommendations for installation are more stringent than those prescribed in the standard specifications or the special provisions, the manufacturer's recommendations will take precedence. This condition may be waived at the discretion of the Engineer.

Working drawings must be submitted in compliance with the provisions in Section 5-1.23.

SECTION 5-1.02B SEQUENCING
Add Section 5-1.02B Sequencing as follows:

Work within any block must be finished and the right-of-way completely restored (including finished pavement) prior to commencing work at any other permitted location or along any other portion of a permitted route. The Engineer may grant exceptions for permitted activities with low impacts to traffic (e.g. directional bore).

SECTION 5-1.09 PARTNERING
Delete Section 5-1.09 Partnering.

SECTION 5-1.12 ASSIGNMENT
Replace Section 5-1.12 Assignment with the following:

The performance of all or any part of the Contract may not be assigned. Further, the right to receive any or all Contract payments may not be assigned.

SECTION 5-1.13 SUBCONTRACTING
SECTION 5-1.13A GENERAL
Replace 5th paragraph in Section 5-1.13A General with the following:

Perform work equaling at least 40 percent of the value of the original total bid with your employees, equipment, rental equipment with operator or rental equipment without operators.

SECTION 5-1.13B DISADVANTAGED BUSINESS ENTERPRISE
Delete Section 5-1.13B Disadvantaged Business Enterprise.

SECTION 5-1.13C DISABLED VETERAN BUSINESS ENTERPRISES
Delete Section 5-1.13C Disabled Veteran Business Enterprises.

SECTION 5-1.13D NON-SMALL BUSINESSES
Delete Section 5-1.13D Non-Small Businesses.

SECTION-1.15 MEANS & METHODS
Add 5-1.15 Means and Methods
The City will not have control over, be in charge of, nor be responsible for construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the work, since these are solely Contractor's responsibility.

The City or adjacent property owner may perform other work adjacent to or within the project area, concurrent with the Contractor's operations. The Contractor shall cooperate fully with the City in all operations which coincide with other work being performed and provide City with such scheduling and other information as may be required by the City to perform such other work. The Contractor shall conduct operations to minimize interference with the work of other forces or contractors performing such work. This work performed by a second contractor may include work which is incomplete or in dispute with the Contractor.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
B-17
06/5/2024
2 Any disputes or conflicts which may arise between the Contractor and any other forces or contractors retained by the City, causing delays or hindrance to each other, shall be referred to the Engineer for resolution.

The City shall have the right at any time during the progress of this work to take over and place in service any completed or partially completed portion of the work, notwithstanding the time for completion of the entire work or such portions which may not have expired; but such taking possession thereof shall not be deemed an acceptance of any of the work, nor work on those portions not completed in accordance with the Contract Documents.

SECTION 5-1.16 REPRESENTATIVE
Add to Section 5-1.16 Representative with:

If such project superintendent is not present, the City may deduct from the contract price an amount equivalent to the reasonable hourly rate for a superintendent for each hour or fraction thereof such person is not present on the project site.

SECTION 5-1.17 CHARACTER OF WORKERS
Add to Section 5-1.17 Character of Workers the following:

If in the opinion of the Engineer, any person associated with the Project including but not limited to an employee of the Contractor fails, to comply with Contract provisions after receiving either written or oral notification, at the discretion of the Engineer, that person must not again be employed on the work or project.

SECTION 5-1.18 CHANGE DUE TO MATERIALLY DIFFERENT CONDITIONS Add 5-1.18 Change Orders Due To Materially Different Conditions If any of the conditions set forth in Sections 5-1.16 "Hazardous Waste in Excavation" and 5-1.17 "Trenching Conditions" above, are encountered, the City will promptly investigate the conditions, and if it finds that (1) the conditions do materially differ, or do involve hazardous waste, and (2) cause a decrease or increase in the contractor's cost of, or the time required for, performance of any part of the work, the City will issue a change order under the procedures described in the Standard Specifications Section 4-1.03.

In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Contract, but shall proceed with all work to be performed under this Contract. The Contractor shall retain any and all rights provided under law which pertain to the resolution of disputes and protests between the contracting parties.

SECTION 5-1.20B PERMITS. LICENSES, AGREEMENTS, AND CERTIFICATIONS SECTION 5-1.20B(3) AFTER AWARD
Add to Section 5-1.20B(3) After Award as follows:

Contractor is required to prepare and Submit a Waste Management Plan. On-line Plan Prep Tools are available at www.emeryville.wastetracking.com. Paper Plan Prep tool are available at http:///emeryville.org/DocumentCenter/View/10133. As of August, 2018 online tools cost 1/3 of the paper tools cost.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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06/5/2024
2 SECTION 5-1.20B(4) CONTRACTOR–PROPERTY OWNER AGREEMENT Add to Section 5-1.20B(4) Contractor–Property Owner Agreement as follows:

Obtain approval of City Engineer of a Construction Stormwater Pollution Prevention Plan in accordance with Article 3, Chapter 13, Title 6 of the City of Emeryville Municipal Code, and any permit that may be required in accordance with Chapter 5, Title 7 of the City of Emeryville Municipal Code, for the stockpiling of materials in the City. Dispose of all materials not used in work in a legal manner.

Prior to use, furnish the Engineer evidence that properties have required permits, licenses and clearances to be a temporary storage site for stockpiling.

SECTION 5-1.20B(5) COMPLY WITH LOCAL, STATE AND FEDERAL REGULATIONS Add Section 5-1.20B(5) Comply with Local, State and Federal Regulations as follows:

You are responsible to comply with all local, state and federal rules, regulations and statutes as it relates to the work under the Contract in compliance with the Contract Documents.

Should you fail to meet the requirements of a permit or rule, regulation or statute as it pertains to work under the Contract, and the City has notice of an impending fine or mitigation measure to be levied or imposed against the City, the City may withhold payment or portions of payment in compliance with Section 9-1.16E in an amount sufficient to satisfy any fine or mitigation measure that may be levied or imposed on the City in addition to any other retention held.

SECTION 5-1.20G CITY AUTHORIZATIONS AND PERMITS
Add Section 5-1.20G City Authorizations and Permits as follows:

If you desire to discharge to the sanitary sewer, you must receive prior permission from the East Bay Municipal Utility District (EBMUD) Wastewater Collection Supervisor and the City. Flushing waterlines must comply with Section 77-3.

If permission to discharge requires an Industrial User Discharge Permit, you must submit an Industrial User Discharge Permit Application to EBMUD’s Wastewater Collection Supervisor and the City Environmental Programs Manager. You must comply with all conditions of the issued permit and pay all applicable fees. Maintain proof of authorization to discharge at the job site at all times and provide that information to Engineer upon request.

An Alameda County Fire Protection District (a.k.a. Fire Department) permit is required prior to crossing any liquid petroleum or high-pressure gas main. If a prior encroachment conflicts with the proposed work, you must arrange for any necessary removal or relocation with the prior permittee. Any such removal or relocation will be at no expense to the City.

Before using explosives in work, you must receive authorization from the Engineer and obtain a permit for use from the Alameda County Fire Protection District (a.k.a. Fire Department). You may also be required to increase the amount of insurance coverage if, in the opinion of the Engineer, your insurance does not include sufficient coverage for use of explosives.

SECTION 5-1.23 SUBMITTALS
SECTION 5-1.23A GENERAL
Replace Section 5-1.23A General with the following:

Submittals are required for (i) materials and equipment not specified by standards, or a trade name and number, (ii) for working drawings. Submittals are also required when specified in the contract documents, and Regulatory Requirements.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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06/5/2024
2 Where products are clearly identified by standards or trade names and no substitution is proposed, no submittal is required.

Submit adequate descriptive information, from which the Engineer can determine if the proposed (i) materials, (ii) equipment, or (iii) working drawings are in compliance to the design concept and in compliance with the contract documents. Submittal must consist of (i) drawings, (ii) specifications, (iii) calculations, (iv) descriptive data, (v) certificates, (vi) samples, (vii) MSDS sheets, (viii) test results, and (ix) information required in the specifications.

Submittal will be reviewed for general compliance with the design concept and general compliance with the information given in the contract documents. Submittals will not be reviewed for (i) quantities, (ii) dimensions, (iii) coordination with the work of other trades, or (iv) construction safety precautions, all of which are your sole responsibility. Review of a specific item does not indicate acceptance of an assembly of which the item is a component. The Engineer and contract designer are not required to review and will not be responsible for any deviations from the contract documents not clearly noted. Partial submittals and partial grouped submittals will not be reviewed.

SECTION 5-1.23A(1) COORDINATION
Add Section 5-1.23A(1) Coordination as follows:

Submittals must be furnished by you to the Engineer. You must coordinate, compile and submit all required submittals from suppliers and subcontractors to the Engineer. All communications between you and a contract designer must be written and submitted to the Engineer to furnish to contract designer.

SECTION 5-1.23A(2) ORGANIZATION
Add Section 5-1.23A(2) Organization as follows:

Submittals must be accompanied with a transmittal. Contractor and City shall coordinate regarding an appropriate and acceptable indexing system to accompany transmittals.

SECTION 5-1.23D DEVIATION FROM CONTRACT
Add Section 5-1.23D Deviation from Contract as follows:

If you propose to provide any material, equipment or working drawings which deviates from the contract requirements, indicate this on the transmittal form accompanying the submittal. In the transmittal provide a brief description of submittal and why the deviation is requested and compare the material, coatings, mechanical functions, energy efficiency and warranty differences between the material specified and the material submitted.

SECTION 5-1.23E SUBMITTAL COMPLETENESS
Add Section 5-1.23E Submittal Completeness as follows:

Submittals which do not contain all the information required to allow the Engineer to make a determination as to the submittal’s acceptability and compliance with the project documents, will be returned without a complete review.

A resubmittal must be made.

SECTION 5-1.23F SUBMITTAL PACKAGE
Add Section 5-1.23F Submittal Package as follows:

Group submittals are to be made to expedite the review process and to reduce the likelihood of conflicts among submittals. Submittals for various items must be made as a single submittal when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. Conversely, various items which are not functionally related must be submitted separately.

Submittal packages which are not appropriately grouped will be returned without review. Provide one complete DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
B-20
06/5/2024
2 portable document format (PDF) file of each submittal to the Engineer. If you are unable to provide electronic documents, provide two complete copies of each submittal to the Engineer. The Engineer will retain one copy of the submittal and make good faith efforts to return one package to you within three weeks. Submittals that require review by a City consultant designer will require one additional copy of the submittal as well as one additional week of review time. Submittals that require review by an outside agency or utility company will require one additional copy of the submittal and additional review time as determined by the outside agency or utility company.

SECTION 5-1.23G RETURNED SUBMITTALS
Add Section 5-1.23G Returned Submittals as follows:

Returned submittals will indicate one of the following actions.

1. No Exceptions Taken – The review indicates that the material, equipment, or work method is in compliance with the design concept and complies with the contract documents. You may begin implementing the work method or incorporate the material or equipment covered by the submittal.

2. Make Corrections Noted – The review indicates limited corrections are required to the submittal in order for the material, equipment, or work method to be in compliance with the design concept and to comply with the contract documents. You may begin implementing the work method or incorporating the material and equipment covered by the submittal in compliance with the noted corrections. Where submittal information will be incorporated in Operation and Maintenance data, a corrected copy must be provided.

3. Revise and Resubmit – The review indicates that the submittal is insufficient or contains incorrect data. Except at your own risk, you may not undertake work covered by this submittal until it has been revised, resubmitted and returned marked either "No exceptions taken" or "Make corrections noted."

4. Rejected – The review indicates that the material, equipment, or work method is not in compliance with the design concept and not in compliance with the contract documents. Except at your own risk, you may not undertake the work covered by such submittals until a new submittal is made and returned marked either "No exceptions taken" or "Make corrections noted."

5. Information Only – The review indicates that the submittal contains contract required information.

SECTION 5-1.23H RESPONSIBILITY
Add Section 5-1.23H Responsibility as follows:

Review of working drawings or submittals does not relieve Contractor of responsibility for errors and does not indicate an assumption of risks or liability by the City, or by any officer or employee of City, or by any consulting firm conducting the review on behalf of the City and Contractor shall have no claim under the Contract on account of the failure, or partial failure, of the method of work, material or equipment reviewed. A mark of "No exceptions taken" or "Make corrections noted" means that the City has no objection to you using the plan, method of work proposed or providing the materials or equipment proposed.

SECTION 5-1.23I CHARGES FOR THIRD PARTY SUBMITTAL REVIEW Add Section 5-1.23I Charges for Third Party Submittal Review as follows:

The Engineer will allow up to two reviews of each submittal. If Contractor is required to make a third or subsequent submittal for any item, then the costs of the additional reviews will be at Contractor’s expense. The cost of the review will be deducted from payments due. The cost of the review by contract professional services will be on a time and materials basis at standard company billing rates. Billing for this expense will be in compliance with Section 9-1.23.

SECTION 5-1.26 CONSTRUCTION SURVEYS
Replace Section 5-1.26 Construction Surveys with the following:
5-1.26A General
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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06/5/2024
2 Contractor must provide the necessary horizontal and vertical survey control for the completion of the work.

Survey work must be performed by a Licensed Land Surveyor or a Registered Civil Engineer.

Control must be provided for site grading, significant layout, or as directed by the Engineer. Control must be provided in the same system of units as shown. Contractor must provide surface grade control every 50 feet and at grade breaks and begin and end of curves. Contractor must mark the control points in the field and provide a printed sheet with the point information, site layout, and control point layout to the Engineer. 5-1.26B Payment
Full compensation for work specified in Section 5-1.26A and applicable engineering standards is included in the payment for other bid items unless a bid item of work is shown on the bid item list.

SECTION 5-1.27E CHANGE ORDER BILLS
Replace Section 5-1.27E Change Order Bills with the following:

Contractor must deliver all Change Order Bills and support documents and disputed work daily agreements in writing to the Engineer. A Change Order Bill will not be accepted by the Engineer unless prior approval for the work has been given. A change order is approved when Contractor and the Engineer have each approved it in writing.

SECTION 5-1.32 AREAS FOR USE
Add to Section 5-1.32A Areas for Use the following:

Personal vehicles of contractor employees, construction equipment, and the contractor’s vehicle must be parked in areas approved by the Engineer.

SECTION 5-1.36 PROPERTY AND FACILITIES PRESERVATION
SECTION 5-1.36A GENERAL
Add to Section 5-1.36A General the following:

12. Infrastructure

13. street surfacing

14. traffic stripes

15. pavement markings and markers

16. survey monuments

17. bench marks

18. utilities

19. trees

20. traffic signal equipment including interconnecting conductors

21. other public fixtures

22. EV charging stations and related conduit.

Contractor shall comply with California Government Code § 4216 et seq. Contractor shall notify the Engineer at least 3 business days before Contractor contacts the regional notification center. Failure to contact the notification center prohibits excavation.

Restore facilities in kind in compliance with appropriate specifications, standards, and plans.

Monuments and bench marks must comply with Section 5-1.36.

Where trees or tree roots are present in the work area, tree protection must comply with Section 77-1.03A(2)(g) and Chapter 2 and Chapter 7 of Title 7 of the Emeryville Municipal Code.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
B-22
06/5/2024
2 The Engineer reserves the right to require you to video inspect any storm drain or sanitary sewer service line or mainline suspected of damage by your operation. The Engineer may require a video inspection of the damaged facility. Provide written notification to the property owner, with a copy to the Engineer, prior to any modification, repair or replacement of the damaged facility which, in the case of a damaged sanitary sewer service line or mainline, shall all be conducted in compliance with Chapter 8 of Title 7 of the Emeryville Municipal Code.

Damage to property and facilities must be reported immediately to the Engineer.

Prior to beginning work Contractor shall determine the location of any underground facilities. Contractor shall contact Underground Service Alert at 811 and request all utility lines to be marked.

SECTION 5-1.36A(1) TRENCHLESS OPERATIONS
Add Section 5-1.36A(1) Trenchless Operations as follows:

When any trenchless method is used to install or repair a utility, all pressurized utility lines and sewer laterals that will be crossed must be pot-holed. Other State or Federal requirements may apply. When completing work by a directional bore, Contractor must field locate and verify the condition, type of material and depth of all service lines and mainlines to be crossed.

If the bore will provide at least 3 feet of clearance from sewer laterals, field locating of sewer laterals may be waived by the Engineer.

SECTION 5-1.36B LANDSCAPE
Add to Section 5-1.36B Landscape as follows:

Contractor shall repair minor damage to turf by top dressing to create an even grade with amended topsoil and seeding with an approved seed mix. Damage to turf in excess of 100 square feet may be required to be replaced with sod in City’s sole discretion.
5-1.36C Railroad Property
Add to Section 5-1.36C.

If the Contract does not include an agreement with a railroad company, do not allow personnel or equipment on railroad property. Prevent material, equipment, and debris from falling onto railroad property.

SECTION 5-1.36D NONHIGHWAY FACILITIES
Replace Section 5-1.36D Nonhighway Facilities with the following:

Before starting work that could damage or interfere with underground infrastructure, locate the infrastructure described in the Contract, including laterals and other appurtenances, and determine the presence of other underground infrastructure inferred from visible facilities, such as buildings, meters, and junction boxes.

Underground infrastructure described in the Contract may be in different locations from those described, and additional infrastructure may exist.

Upon discovering an underground main or trunk line not described in the Contract, immediately notify the Engineer and the infrastructure owner. If the Engineer orders the locating and protecting of the infrastructure, then the locating and protecting of the infrastructure is change order work. If ordered, Contractor shall repair infrastructure damage. If the damage is not due to Contractor’s negligence, the repair is change order work.

Immediately notify the Engineer of a delay due to the presence of main-line underground infrastructure not described in the Contract or in a substantially different location.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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06/5/2024
2 Notify the Engineer if the infrastructure described in the Contract cannot be found. If after giving the notice, Contractor finds the infrastructure in a substantially different location from that described, efforts of Contractor to find the infrastructure is change order work.

The City may rearrange a nonhighway facility during the Contract. Rearrangement of a nonhighway facility includes installation, relocation, alteration, or removal of the facility.

The City may authorize facility owners and their agents to enter the highway to perform rearrangement work for their facilities or to make connections or repairs to their property. Coordinate activities to avoid delays. If necessary rearrangement of underground infrastructure is not described in the Contract, the Engineer may order Contractor to perform the work. The rearrangement is change order work.

Immediately notify the Engineer of a delay due to a rearrangement different from that described in the Contract.

If Contractor wants infrastructure rearrangement different from that described in the Contract, Contractor shall notify the Engineer, make an arrangement with the infrastructure owner, obtain authorization for the rearrangement from the Engineer and pay the infrastructure owner any additional cost.

The City does not adjust time or payment for a rearrangement different from that described in the Contract.

SECTION 5-1.36E SURVEY MONUMENTS
Add to Section 5-1.36E Survey Monuments as follows:

Contractor shall protect all survey monuments on and off the highway.

All survey and construction, maintenance or other work must be performed consistent with Section 8725 and 8771 of the California Business & Professions Code. Monuments and bench marks must be set by a Licensed Land Surveyor or a Registered Civil Engineer properly licensed to complete survey work. The City reserves the right to review the Land Surveyor or Engineer's license to determine its validity.

Sufficient controlling monuments shall be retained or replaced in their original positions to enable property, right-of-way and easement lines, property corners, and subdivision and tract boundaries to be reestablished.

Anything that appears to be a monument or benchmark must be reported to the Engineer prior to construction or disturbance. A Licensed Land Surveyor must locate and reference known monuments or benchmarks that will be disturbed by construction activities. A corner record shall be filed with the County prior to construction for any monument or benchmark that will be disturbed by construction. The corner record must detail the location of the monument and any tie-outs. Should the existing survey monument be disturbed or destroyed during construction, it must be reset at the previous location. All tie-outs must be removed after the original monument is re-established. Should any existing benchmark be disturbed or destroyed during construction, a new one must be set at a nearby, but different, location than the existing, as determined by the Engineer prior to construction. For monuments, a corner record must be filed with the County and a copy delivered to the Engineer before and after construction. For benchmarks, documentation of the transferred benchmark, including a location map, field notes and surveyor certification, must be delivered to the Engineer prior the project acceptance. Damaged or disturbed property corners must be replaced by a Land Surveyor at the contractor’s or owner’s expense.

Upon discovery of a survey monument not identified and located immediately stop work near the monument and notify the Engineer. Do not resume work near the monument until authorized by the Engineer.

SECTION 5-1.38 MAINTENANCE AND PROTECTION RELIEF
Add to Section 5-1.38 Maintenance and Protection Relief as follows:

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 However, nothing in this Section 5-1.38 providing for relief from maintenance and responsibility will be construed as relieving Contractor of full responsibility for correcting any defective work or materials found at any time.

SECTION 5-1.39 DAMAGE REPAIR AND RESTORATION
SECTION 5-1.39A GENERAL
Add to Section 5-1.39A General as follows:

Contractor must immediately repair or install approved alternate to any facility missing, damaged or non-operational as a result of its work, prior to continuing with the other Contract work. If the repairs are not made as required, Contractor agrees to the cost of those repairs made by others at the City’s direction in compliance with Section 9-

1.23. SECTION 5-1.39C LANDSCAPE DAMAGE
SECTION 5-1.39C(1) GENERAL
Add to the end of the 1st paragraph of Section 5-1.39C(1) General as follows:
or permanent erosion control establishment.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 6 CONTROL OF MATERIALS
The Bidder's attention is directed to the provisions in Division I, Section 6, Control of Materials, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 6, Control of Materials, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 6-1.04 BUY AMERICA
Add to Section 6-1.04 Buy America as follows:

This section is applicable only as directed in the special provisions.

SECTION 6-1.05 SPECIFIC BRAND OR TRADE NAME AND SUBSTITUTION Replace Section 6-1.05 Specific Brand Or Trade Name And Substitution with the following:

Whenever the specifications permit the substitution of a similar or equivalent material or article, no tests or action relating to the approval of the substitute material will be made until Contractor’s request for substitution is made in writing accompanied by complete data as to the equality of the material or article proposed. The request must be made a minimum of ten working days prior to the bid opening date identified in the Notice to Bidders.

Substitutions requested after bid opening must be made in ample time to permit approval without delaying the work. Requests for substitutions must comply with Section 5-1.23.

Any substitutions that are approved must be furnished without additional cost to the City. If any changes are required for the proper installation and fit of alternative materials or equipment, or because of deviations from the contract plans and specifications, such changes must not be made without the consent of the Engineer and must be made without additional cost to the City.

SECTION 6-2 QUALITY ASSURANCE
SECTION 6-2.01 GENERAL
SECTION 6-2.01A GENERAL
Modify table in 7th paragraph regarding California Test for Relative compaction with the following:

Testing method for Relative Compaction is:

1. ASTM D-1557

2. ASTM D-2922

3. ASTM D-3017
SECTION 6-2.01B AUTHORIZED FACILITY AUDIT LISTS
Delete Section 6-2.01B Authorized Facility Audit Lists.

SECTION 6-2.01C AUTHORIZED MATERIAL LISTS
Delete Section 6-2.01C Authorized Material Lists.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
The Bidder's attention is directed to the provisions in Division I, Section 7, Legal Relations And Responsibility To The Public, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 7, Legal Relations And Responsibility To The Public, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 7-1.02I(2) NONDISCRIMINATION
Replace Section 7-1.02I(2) Nondiscrimination with the following:

Under 2 CA Code of Regs § 11105:

1. During the performance of this contract the recipient, contractor, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

2. Contractor shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

3. Contractor or recipient shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.

4. Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

5. The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

Under 2 CA Code of Regs § 11122:

STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION CONTRACT SPECIFICATIONS (GOV. CODE SECTION 12990)
These specifications are applicable to all state contractors and subcontractors having a construction contract or subcontract of $5,000 or more.

1. As used in the specifications:
a. "Act" means the Fair Employment and Housing Act.
b. "Administrator" means Administrator, Office of Compliance Programs, California Department of Fair Employment and Housing, or any person to whom the Administrator delegates authority;

2. Whenever the contractor or any subcontractor subcontracts a portion of the work, it shall include in each subcontract of $5,000 or more the nondiscrimination clause in this contract directly or through incorporation by reference. Any subcontract for work involving a construction trade shall also include the Standard California Construction Contract Specifications, either directly or through incorporation by DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 reference.

3. The contractor shall implement the specific nondiscrimination standards provided in paragraphs 6(a) through (e) of these specifications.

4. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer members of any group protected by the Act shall excuse the contractor's obligations under these specifications, Government Code section 12990, or the regulations promulgated pursuant thereto.5. In order for the nonworking training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities.

Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations.

5. In order for the nonworking training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations.

6. The contractor shall take specific actions to implement its nondiscrimination program. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor must be able to demonstrate fully its efforts under steps a. through e. below:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and at all facilities at which the contractor's employees are assigned to work. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligations to maintain such a working environment. b. Provide written notification within seven days to the director of the DFEH when the referral process of the union or unions with which the contractor has a collective bargaining agreement has impeded the contractor's efforts to meet its obligations. c. Disseminate the contractor's equal employment opportunity policy by providing notice of the policy to unions and training, recruitment and outreach programs and requesting their cooperation in assisting the contractor to meet its obligations; and by posting the company policy on bulletin boards accessible to all employees at each location where construction work is performed. d. Ensure all personnel making management and employment decisions regarding hiring, assignment, layoff, termination, conditions of work, training, rates of pay or other employment decisions, including all supervisory personnel, superintendents, general foremen, on-site foremen, etc., are aware of the contractor's equal employment opportunity policy and obligations, and discharge their responsibilities accordingly.
e. Ensure that seniority practices, job classifications, work assignments, and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the equal employment opportunity policy and the contractor's obligations under these specifications are being carried out.

7. Contractors are encouraged to participate in voluntary associations that assist in fulfilling their equal employment opportunity obligations. The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on equal employment opportunity in the industry, ensures that the concrete benefits of the program are reflected in the contractor's workforce participation, and can provide access to documentation that demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the Contractor's.

8. The contractor is required to provide equal employment opportunity for all persons. Consequently, the contractor may be in violation of the Fair Employment and Housing Act (Government Code section 12990 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 et seq.) if a particular group is employed in a substantially disparate manner.

9. The contractor shall not use the nondiscrimination standards to discriminate against any person because race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.

10. The contractor shall not enter into any subcontract with any person or firm decertified from state contracts pursuant to Government Code section 12990.

11. The contractor shall carry out such sanctions and penalties for violation of these specifications and the nondiscrimination clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Government Code section 12990 and its implementing regulations by the awarding agency. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Government Code section 12990.

12. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by OCP and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, status, (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in any easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

SECTION 7-1.02K LABOR CODE
SECTION 7-1.02K(1) GENERAL
SECTION 7-1.02K(2) WAGES
SECTION 7-1.02K(3) CERTIFIED PAYROLL RECORDS (LABOR CODE §1776) Replace Section 7-1.02K(1) General, Section 7-1.02K(2) Wages, and Section 7-1.02K(3) Certified Payroll Records (Labor Code §1776) with the following:

Work on the job site must comply with Labor Code §1720 et seq. and 8 CA Code of Regulations §16000 et seq.

Work includes roadside production and processing of materials and hauling and delivery of ready-mix concrete.

1. LABOR CODE REQUIREMENTS. In the performance of this Contract, Contractor’s attention is directed to the following requirements of the Labor Code:

A. Hours of Labor. Eight hours labor constitutes a legal day’s work. Contractor shall forfeit, as penalty to City, $25 for each worker employed in the performance of the Contract by Contractor or by any subcontractor under it for each calendar day during which such worker is required or permitted to work more than eight hours in any one day and 40 hours in any one calendar week in violation of the provisions of the California Labor Code and in particular, Sections 1810 to 1815, inclusive. Work performed by employees of the Contractor in excess of eight hours per day and 40 hours during any one week shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one-and-one-half times the basic rate of pay, as provided in Section 1815.

B. Prevailing Wages. Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive. In accordance with Section 1775, the Contractor shall forfeit as a penalty to City an amount as determined by the Labor Commissioner not to exceed $200 for each calendar day or portion thereof for each worker paid less than stipulated prevailing wage rates for such work or craft in which such worker is employed for any work done under the contract by him or by any subcontractor under it in violation of the revisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor. Pursuant to the provisions of Section 1773 of DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 the Labor Code, the City has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work applicable to the work to be done from the Director of the Department of Industrial Relations. Copies of the prevailing wage rates are on file at the City and are available for review upon request. Pursuant to §1773.2 of the Labor Code, the Contractor shall post general prevailing wage rates at a prominent place at the site of the work.

C. Payroll Records. Effective January 1, 2016, Contractor and each subcontractor shall submit electronic certified payroll records to the California Labor Commissioner in the manner and format set forth in California Labor Code Section 1771.4. The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by his subcontractors.
(a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work.

Submitted certified payrolls for hauling and delivering ready-mixed concrete and other offsite batch mixed materials must be accompanied by a written time record. The time record must include:

1. Truck driver's full name and address

2. Name and address of the factory or batching plant

3. Time the concrete was loaded at the factory or batching plant

4. Time the truck returned to the factory or batching plant • Truck driver's signature certifying under penalty of perjury that the information contained in this written time record is true and correct
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
(i) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. (ii) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
(iii) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. (d) The Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within ten (10) days after receipt of a written request.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 (e) Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor shall not be marked or obliterated.
(f) The Contractor shall inform the City of the location of records enumerated under subdivision (a), including the street address, city and City, and shall, within five working days, provide a notice of a change of location and address.
(g) In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such contractor must comply with this Section. Should noncompliance still be evident after such 10- day period, the Contractor shall, as a penalty the State or the City, forfeit One Hundred Dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The penalties specified in subdivision (g) of Labor Code Section 1776 for noncompliance with the provisions of said Section 1776 may be deducted from any monies due or which may become due to the Contractor. (h) The Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract.

D. Labor Non-discrimination. Attention is directed to Section 1735 of the Labor Code which provides that Contractor shall not discriminate against any employee or applicant for employment because of race or color, religion, physical or mental disability, national origin or ancestry, medical condition, marital status or sex of such persons, except as provided in Section 12940 of the Government Code. Contractor further agrees to include a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials.

E. Apprentices. The Contractor and all subcontractors shall comply with the requirements of California Labor Code Sections 1777.5, 1777.6 and 1777.7 regarding the employment and of apprentices.

F. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, the Contractor will be required to secure the payment of workers' compensation to its employees in accordance with the provisions of Section 3700 of the Labor code.

Prior to commencement of work, the Contractor shall sign and file with the City, a certification in the following form:
"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
Said certification is included in the Contract, and signature and return of the Contract as provided in Section G3.03, "Execution of Contract," of the General Conditions, shall constitute signing and filing of the said certificate.

SECTION 7-1.02K(6) OCCUPATIONAL SAFETY AND HEALTH STANDARDS SECTION 7-1.02K(6)(B) EXCAVATION SAFETY
Add to Section 7-1.02K(6)(b) Excavation Safety as follows:

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 Comply with Labor Code 6705 and 6707. Comply with Public Contracts Code 7104.

SECTION 7-1.02L PUBLIC CONTRACT CODE
SECTION 7-1.02L(1) GENERAL
Replace Reserved in Section 7-1.02L(1) General with the following:

1. CLAIMS PROCEDURES. Compliance with all change order procedures is a prerequisite to filing a Public Contract Code Claim pursuant to this Section. Claims must be submitted no later than (a) 30 days after the dispute resolution process set forth in Section 5-1.43 is complete or (b) 30 days after the occurrence of the event giving rise to the claim.

In accordance with the procedures set forth in Public Contract Code Sections 9204 and 20104-20104.6, a Contractor may submit a claim by registered or certified mail with return receipt requested, for one or more of the following: (a) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City; (b) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or (c) payment of an amount that is disputed by the City.

The Contractor shall furnish reasonable documentation to support the claim, including but not limited to: 1) a clear, concise recital of the basis upon which the claim is asserted, including a designation of the provisions of the Contract upon which the claim is based, 2) a statement as to the amount of time and/or compensation sought pursuant to the claim; 3) whether the Contractor’s claim arises from an ongoing occurrence, and if so a description of the specific Work activities affected by the claim, 4) a time impact analysis in the event that Contractor requests a time extension, 5) full and complete cost records supporting the amount of any claim for additional compensation, and 6) a notarized certification by the Contractor as follows: “Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et seq., the undersigned hereby certifies that the information contained herein is a true, accurate and complete statement of all features relating to the claim asserted.” Failure by the Contractor to provide sufficient documentation will result in denial of the claim. The City reserves the right to request additional documentation, or clarification of the documentation provided.

Upon receipt of a claim, the City will conduct a reasonable review and provide a written statement to the Contractor identifying what portion of the claim is disputed and what portion is undisputed within 45 days of receipt of the claim. The City and Contractor may, by mutual agreement, extend the 45 day time period. For any undisputed portion of a claim, the City must make payment within 60 days of its issuance of the written statement.

If the Contractor disputes the City's written statement, or if the City fails to respond, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute. The City will then schedule the meet and confer conference within 30 days of the demand. Within 10 business days following the meet and confer conference, the City will provide a written statement identifying the portion of the claim that remain in dispute. Any payment due on an undisputed portion of the claim will be made within 60 days of the meet and confer conference.

After the meet and confer conference, any disputed portion of the claim shall be submitted to nonbinding mediation. Alternatively, upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable. If mediation is unsuccessful, the parts of the claim that remain in dispute shall be subject to applicable procedures set forth below.

Failure of a public entity to respond to a claim within the time periods described above shall result in the claim being deemed rejected in its entirety. Additionally, amounts not paid in a timely manner shall bear interest at 7 percent per year.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 In the event that the mediation is unsuccessful, Contractor must file a government claim pursuant to Government Code Sections 910 et seq. in order to initiate a civil action.

In any civil action filed to resolve claims, the court shall submit the matter to nonbinding mediation within 60 days following the filing or responsive pleading, provided that the parties have not already participated in mediation of the claim as outlined above. If the matter remains in dispute after nonbinding mediation, the court shall submit the matter to judicial arbitration pursuant to Code of Civil Procedure Section 1141.10 et seq.

If the matter remains in dispute after judicial arbitration, the City or the Contractor may request a trial de novo.

2. UTILITY RELOCATION. Pursuant to California Government Code Section 4215, if during the course of the work the Contractor encounters utility installations which are not shown or indicated in the contract plans or in the specifications or which are found in a location substantially different from that shown, and such utilities are not reasonably apparent from visual examination of the work site, then it shall promptly notify the City in writing. Where necessary for the work of the Contract, the City will amend the contract to adjust the scope of work and the compensation to allow the Contractor to make such adjustment, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions from the City, then it shall be liable for any or all damage to such utilities or other work of the Contract which arises from its operations subsequent to the discovery, and it shall repair and make good such damage at its own cost.

3. PUBLIC WORKS REGISTRATION. The Contractor must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771.4. The Contractor shall furnish the records specified in Labor Code Section 1776 directly to the Labor Commissioner, monthly in a format prescribed by the Labor Commissioner.

4. USE OF SUBCONTRACTORS. Contractor shall not subcontract any work to be performed by it under this Contract without the prior written approval of the City. Contractor shall be solely responsible for reimbursing any subcontractors and City shall have no obligation to them. Attention is directed to the requirements of Sections 4100 to 4113, inclusive, of the California Public Contract Code which are applicable to this Contract.

Each Contractor shall list the name and business address of each subcontractor to whom the Contractor proposes to subcontract a portion of the work in an amount in excess of one-half of one percent (0.5%) of the Total Contract Price, along with a description of the portion of the work which shall be done by each subcontractor, by executing the “List of Subcontractors” form attached to this Contract

5. CONTRACTOR’S LICENSE REQUIREMENTS. Contractor and any approved subcontractors shall hold such current and valid Contractor’s Licenses as required by California Law.

6. NON-COLLUSION DECLARATION. Pursuant to Public Contract Code Section 7106, Contractor shall execute a Non-Collusion Declaration, in a form provided by City, which is attached and incorporated herein.

7. EXCAVATION. If applicable, in accordance with state law (Public Contract Code Section 7104), with respect to any work involving digging trenches or excavations that extend deeper than four feet, the Contractor shall notify the City promptly in writing of any of the following conditions: (a) material that the Contractor believes may be hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law; (b) subsurface or latent physical conditions at the site differing from those indicated; (c) unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. Contractor shall notify the City of such conditions prior to disturbing them and shall await direction from the City as to how to proceed.

8. TRENCH SAFETY. For all contracts over $25,000, excavation for any trench 5 feet or more in depth shall not begin until the Contractor has received approval from the City, of the Contractor’s detailed plan for DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall be submitted at least 5 days before the Contractor intends to begin excavation for the trench and shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring, sloping or a protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety; and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Engineer in the State of California. Attention is directed to the provisions of Section 6705 of the Labor Code concerning trench excavation safety plans.

9. SOUND CONTROL REQUIREMENTS. The Contractor shall comply with all State and local sound control and voice level rules, regulations and ordinances which apply to any work performed pursuant to the contract.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

General construction noise shall be limited to weekdays from 7:00 am to 6:00 pm. Pile Driving and similarly loud activities shall be limited to weekdays from 8:00 am to 5:00 pm.

Pre-construction noise including, but not limited to loading and unloading, cleaning of mechanical toilets, maintenance of vehicles, deliveries, truck idling, backup beeps, yelling and radios, is also limited to the general construction noise hours.

The Director may allow construction noise to occur beyond the general construction noise hours provided a noise waiver is granted pursuant to the Emeryville Municipal Code.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

10. PRESERVATION OF PROPERTY. Attention is directed to Section 7 1.12, "Indemnification and Insurance," and to Section 8 1.10, "Utility and Non-Highway Facilities." Due care shall be exercised to avoid injury to existing highway improvements or facilities, utility facilities, adjacent property, and roadside trees, shrubs and other plants that are not to be removed.

Roadside trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and water lines, all highway facilities and any other improvements or facilities within or adjacent to the highway shall be protected from injury or damage, and if ordered by the Engineer, the Contractor shall provide and install suitable safeguards, accepted by the Engineer, to protect the objects from injury or damage. If the objects are injured or damaged by reason of the Contractor's operations, the objects shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by the Specifications accompanying the Contract, if any of the objects are a part of the work being performed under the Contract. The Engineer may make or cause to be made those temporary repairs that are necessary to restore to service any damaged highway facility. The cost of the repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due to the Contractor under the Contract.

11. PAYMENT BOND. For all contracts over $25,000, the successful Bidder shall provide a payment bond in the amount equal to one hundred percent (100%) of the Total Contract Price and issued by a California admitted surety. The payment bond shall provide the City with security for Contractor’s full payment to all subcontractors for costs of materials, equipment, supplies, and labor furnished in the course of the performance DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 of the Contract. Full compensation for furnishing the payment bond is included in the Total Contract Price.

12. RETENTION OF PROGRESS PAYMENTS. The City may retain five percent (5%) of the estimated value of the work done and five percent (5%) of the value of materials estimated to have been furnished and delivered and unused or furnished and stored as part security for the fulfillment of the Contract by the Contractor. Any time after fifty percent (50%) of the work has been completed, if the City finds that satisfactory progress is being made, the City may make any of the remaining progress payments in full for actual work completed in accordance with Public Contract Code Section 9203.

13. SECURITIES IN LIEU OF RETENTION. Pursuant to Public Contract Code Section 22300, the Contractor may elect, in lieu of having progress payments retained by the City, to deposit in escrow with the City, or with a bank acceptable to the City, securities eligible for investment under Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City. If the Contractor elects to submit securities in lieu of having progress payments retained by the City, the Contractor shall, at the request of any subcontractor performing more than 5% of the Contractor’s total bid, make the same option available to the subcontractor.

14. PROMPT PAYMENT TO CONTRACTOR. The City will make progress payments within thirty (30) days after receipt of an undisputed and properly submitted progress payment invoice pursuant to Section 20104.50 of the Public Contract Code. No such payment will be made when, in the judgment of the Project Manager, (a) the work is not proceeding in accordance with the provisions of the Contract; (b) the Contractor is not complying with the requirements of the Contract; or (c) when the total value of the work done as shown on the invoice does not exceed Three Hundred Dollars ($300.00). No such invoice or payment will be construed to be an acceptance of any work or materials. Before any progress payment or the final payment is made, the Contractor may be required to submit satisfactory evidence that he is not delinquent in payments to its employees, subcontractors, suppliers or other creditors for labor and materials incorporated into the work.

Pursuant to Public Contract Code Section 20104.50, if the City fails to make a progress payment in a timely manner, it shall pay interest to the Contractor at the legal rate set forth in Section 685.010(a) of the California Code of Civil Procedure.

15. PROHIBITION AGAINST CONTRACTING WITH DEBARRED SUBCONTRACTORS. Contractor is prohibited from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

16. THIRD-PARTY CLAIMS. Pursuant to Public Contracts Code Section 9201, City shall have full authority to compromise or otherwise settle any claim relating to the Contract at any time. City shall provide for timely notification to Design-Builder of the receipt of any third-party claim, relating to the contract. Notice shall be in writing and will be provided within thirty (30) days.

17. IRAN CONTRACTING ACT. The undersigned Bidder certifies that it is not, at the time of bidding, on the California Department of General Services (DGS) list of persons determined to be engaged in investment activities in Iran or otherwise in violation of the Iran Contracting Act of 2010 (Public Contract Code Section 2200- 2208).

18. ANTITRUST CLAIMS. The Contractor's attention is directed to the following provision of Public Contract Code Section 7103.5(b) which shall be applicable to the Contractor and its subcontractors:
"In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all right, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties."

19. RECORDS. Pursuant to Government Code Section 8546.7, Contractor shall retain all project-related records for a period of five (5) years after final payment on this Contract, which shall be subject to audit or inspection by the City, ACTC or the State Auditor during this period.

Separate and apart from the obligations under Section 8546.7, the City shall have the right to audit project records at City discretion under the following circumstances: (a) submission of a Public Records Act request regarding the project; (b) inability to resolve a disputed contract change order; or (c) submission of a construction claim.

20. TRADE NAMES AND ALTERNATIVES. For convenience in designation in the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and its catalog information. Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, the use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended may be permitted, subject to the following requirements:
a. The Contractor shall submit its Bid for an alternative in writing. Such request shall be made in ample time to permit review and approval without delaying the work. b. No such Bid will be considered unless accompanied by complete information and descriptive data necessary to determine the equality of the offered materials, articles, or equipment.

Samples shall be provided when requested by the Project Manager. The Contractor shall satisfy the Project Manager as to the comparative quality, suitability or performance of the offered materials, articles or equipment. In the event that the Project Manager rejects the use of such alternative materials, articles or equipment, ("material") then one of the particular products designated by brand name will be furnished.
c. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and he shall furnish all information necessary as required by the Project Manager. The Project Manager shall be the sole judge as to the quality and suitability of alternative articles, equipment or materials and its decisions shall be final. Where use of an alternative material, article or equipment involves redesign of, or changes to, other parts of the work, the cost and the time required to effect such redesign or changes will be considered in evaluating the suitability of the alter-native material, article or equipment. Cost of redesign by the Project Manager will be borne by the Contractor.
d. Whenever classification, rating or other certification by a body such as UL or NEMA is a part of the specification for any material, proposal for use of alternative materials shall be accompanied by reports from the listed or equivalent recognized and industry accepted independent testing laboratory indicating compliance with specification requirements. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative material shall be only for the characteristics or use named in such approval and shall not be used to change or modify any Contract requirement.

21. PERMITS AND LICENSES. The Contractor shall procure all permits and licenses (including OSHA permits pursuant to Labor Code Section 6500), pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.

The Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State or local agencies in connection with performing the work of the Contract. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.

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2 The Contractor shall comply with permits obtained by the City, if any, for the work.

SECTION 7-1.03 PUBLIC CONVENIENCE
Add to end of Section 7-1.03 Public Convenience as follows:

Public traffic includes all:

1. motorized vehicles

2. bicycles

3. pedestrian traffic

4. personal mobility devices.

Areas modified by you for use by pedestrians must provide adequate accessibility to meet Americans with Disabilities Act (ADA) requirements. Where walkways are damaged, alternate walkways must be placed around the work site or other materials may be used to allow use of the area. Where plywood is used it must be a minimum of ¾ inch in thickness and beveled at the ends to prevent tripping, fastened down to prevent shifting and supported underneath as needed to prevent bowing. The Engineer may require cold mix to be placed to transition walkway to plywood.

Sidewalks must not be blocked without providing alternative path(s) of travel. Where excavations in pedestrian walkways are minor and do not restrict pedestrian walking area or create a hazard to the pedestrian, structurally sound walkways with safety railings must be provided over or around the excavated area. All walkway areas must comply with the Americans with Disabilities Act.

Where sidewalk and bike path facilities exist, a minimum width of four feet must be maintained at all times a must provide for a safe passage through the work area. At no time will pedestrians be diverted into a portion of the street used concurrently for motorized traffic. At locations where adjacent alternate walkways are not practical, the Engineer may approve sidewalk closures. Appropriate signs and barricades must be installed at the limits of construction and in advance of the closure at the nearest crosswalk or intersection to divert pedestrians across the street.

Provisions must be made to accommodate existing transit routes and stops. You must notify the Engineer at least 72 hours in advance of any work that will require rerouting or delay of a transit line or school bus. You must post any transit stop affected by the rerouting at least 48 hours in advance at the affected transit stop identifying the affected routes, days, and times.

Furnish the Engineer and utility companies with the names, addresses and telephone numbers of two individuals, before starting work that can be reached in case of emergency, 24 hours a day, throughout the duration of the job. These emergency contacts must be able to provide on-site response within one hour.

Do not close streets to traffic without written permission from the Engineer. However, in the absence of the Engineer, if the necessity for closing a street is absolute to prevent immediate danger to the public, you must immediately notify the:

1. Engineer

2. Police Department

3. Fire Department.

Provide access to and from all property adjacent to the work area where normal access existed prior to your work.

All:

1. traffic lanes

2. driveways

3. sidewalks
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2 4. street crossings

5. primary business entrances
must be usable at the end of the work day.

Add between the 9th and 10th paragraphs of Section 7-1.03 Public Convenience the following:

If a height differential of more than 0.04 foot is created by construction activities at a joint transverse to the direction of traffic on the traveled way or a shoulder subject to public traffic, construct a temporary taper at the joint with a slope complying with the requirements shown in the following table:

Temporary Tapers
Height Slope (horizontal:vertical)
differential Taper use of 14 days or less Taper use of more than 14 days Greater than 0.08 100:1 or flatter 200:1 or flatter

0.04–0.08 70:1 or flatter 70:1 or flatter
For a taper on existing asphalt concrete or concrete pavement, construct the taper with minor HMA under Section 39-2.07.

Grind existing surfaces to accommodate a minimum taper thickness of 0.10 foot under either of the following conditions:

1. HMA material such as rubberized HMA, polymer-modified bonded wearing course, or open-graded friction course is unsuitable for raking to a maximum 0.02 foot thickness at the edge

2. Taper will be in place for more than 14 days.

For a taper on a bridge deck or approach slab, construct the taper with polyester concrete under Section 60-3.04B.

The completed surface of the taper must be uniform and must not vary more than 0.02 foot from the lower edge of a 12-foot straightedge when placed on its surface parallel and perpendicular to traffic.

If authorized, you may use alternative materials or methods to construct the required taper.

SECTION 7-1.03A PUBLIC NOTIFICATION
Add Section 7-1.03A Public Notification as follows:

In consultation with the Engineer, Contractor shall prepare and deliver notices to City regarding various stages of the work, including but not limited to initial start of the work, quarterly updates of work progress, and notification of work activities creating excessive noise, vibration and other disturbing qualities, for notification to properties adjacent to the work area. The notice must include:

1. a brief description of the work

2. date the work will start

3. date the work will end

4. potential impacts on the adjacent property

5. company representative’s name

6. company representative’s phone number where they can be reached or a message can be left.

Company representative must respond to all phone calls received within 24 hours of receipt with the requested information. Contractor shall provide notices to Engineer at least 72 hours in advance of the work. The Engineer must review and approve notice wording. Upon approval of notices by Engineer, Contractor shall distribute said notices to properties adjacent to the work area.

Attention is directed to Government Code Sections 4216 to 4216.9, and in particular Section 4216.2 which provides, in part:

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2 "Except in an emergency, every person planning to conduct any excavation shall contact the appropriate regional notification center at least two working days, but no more than 14 calendar days, prior to commencing that excavation, if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excavator, and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated . . . .The regional notification center shall provide an inquiry identification number to the person who contacts the center and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation."
Contractor shall contact the regional notification center, “Underground Service Alert," and schedule the work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities.
7-1.03A(1) Street Maintenance
Add Section 7-1.03A(1) as follows:

Street maintenance activities, including:

1. overlays

2. reconstruction

3. slurry seal

4. micro-surfacing

5. other surfacing or seal coats
require you notify all residents and businesses within 300 feet or one block (whichever is a greater distance) of the work areas between three and five days in advance of the work. This notification must be in the form of a door hanger which is to be hand-delivered or placed on the front door of each business or residence. A sample door hanger is included in the appendix of the engineering standards.

SECTION 7-1.03A(1) STREET CLOSURE
Add Section 7-1.03A(1) Street Closure as follows:

Where street closures are allowed either under the conditions of the special provisions or by separate authority of the Engineer, comply with the following conditions.

By noon Monday, submit a written schedule of planned closures for the following week period, defined as Friday noon through the following Friday noon.

The street closure schedule must show the:

1. locations

2. dates

3. times
of the proposed street closures. Street closure schedules submitted to the Engineer with any:

1. incomplete

2. unintelligible

3. inaccurate information
will be returned for correction and resubmittal. The Engineer will review and approve or return for corrections the street closure schedule. You may be required to coordinate with other parties as a condition of approval of the street closure schedule.

Provide notification of the street closure to:

1. police dispatch
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2 2. bus services

3. garbage company

4. affected properties as described above.

Immediately notify the Engineer if a scheduled street closure will not take place. Amendments to the street closure schedule, including adding additional closures, must be submitted to the Engineer for review and approval, and must be done in writing at least three working days in advance of a planned street closure.

Approval of amendments to the street closure schedule will be at the discretion of the Engineer. Approved closures that are cancelled due to unsuitable weather may be rescheduled at the discretion of the Engineer for the following working day.

Public traffic may only be restricted during those times when work is actually underway.

SECTION 7-1.03A(2) NO PARKING
Add Section 7-1.03A(2) No Parking as follows:

Place "No Parking" signs at least 24 hours before beginning of work. In areas where vehicles may be in the way of construction, place and request the Police Department to verify “No Parking” signs at least 30 hours prior to the beginning of work to allow for the legal time required for notification prior to removing a vehicle.

Do not place “No Parking“ signs more than five days in advance of the anticipated work without prior approval from the Engineer.

If no work is performed for five consecutive days, remove the “No Parking” signs and repost as stated above prior to the start of work.
“No Parking” signs must specify the following:

No Parking
Construction Zone
Tow Away
Per Municipal Code EMC 4-9.17(f)
Date: X22105 to XX22105
Time: X22105 to XX22105
Contractor:

Contractor Office Number:

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2 SECTION 7-1.03B TRAFFIC CONTROL PLAN
Add Section 7-1.03B Traffic Control Plan as follows:

Submit to the Engineer a traffic control plan for review and approval by the Engineer prior to any construction activities starting. Submit separate traffic control plans for each phase of the work requiring a change in traffic control. Allow a minimum of five working days for review of the submitted traffic control plan and five working days for review of any resubmitted plans. Do not begin work until the traffic control plan is approved by the Engineer.

Limited work hours may be imposed at any time. If the work impacts traffic flow on any:

1. major route, or

2. in the vicinity of schools, or

3. in the Pedestrian Priority Zone per figure 3-1 of the City’s General Plan, expect that work hour restrictions will be imposed by the Engineer.

Do not restrict the public right-of-way roadway without an approved traffic control plan. The Engineer must review the implemented traffic control for compliance with the approved traffic control plan, prior to the start of any work.

Provide adequate width to allow a bike lane adjacent to the travel lane or provide clear posting that the bicycle lane is closed.

Do not place traffic control devices or construction equipment in bike lanes or in sidewalk such that they are blocked, as determined by the Engineer, when these facilities are open for use.

SECTION 7-1.04 PUBLIC SAFETY
Replace 15th paragraph of Section 7-1.04 Public Safety with:

Notify the Engineer not less than five days and not more than 40 days before the anticipated start of an activity that will change the vertical or horizontal clearance available to traffic, including shoulders.

SECTION 7-1.06 INSURANCE
SECTION 7-1.06B CASUALTY INSURANCE
SECTION 7-1.06G DEDUCTIBLES
SECTION 7-1.06I SELF INSURANCE PROGRAM
Delete Sections 7-1.06B Casualty Insurance, 7-1.06G Deductibles and 7-1.06I Self Insurance Program.

SECTION 7-1.11 FEDERAL LAWS FOR FEDERAL-AID CONTRACTS
SECTION 7-1.11A General
Add between the 1st and 2nd paragraphs of Section 7-1.11A General as follows:

Comply with 46 CFR 381.7(a)–(b).
7-1.12 Indemnification and Insurance
The Contractor's obligations regarding indemnification of the City and the requirements for insurance shall conform to the provisions set forth in the Contract.
7-1.13 Acceptance of Contract
When the Engineer has made the final inspection as provided in Section 5 1.46, "Final Inspection and Contract Acceptance," and determines that the Contract work has been completed in all respects in accordance with the DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 Contract Documents, the Engineer will recommend that the City Council formally accept the Work as complete.

Upon acceptance of the Contract as complete by the City Council, the said Council shall cause a Notice of Completion to be filed and recorded in the records of the Alameda County Recorder's Office. 7-1.14 Sanitary Provisions
Contractor shall conform to the rules and regulations pertaining to sanitary provisions established by the City. Toilets for use of employees on the work shall be furnished where needed and shall be maintained by Contractor. Their use shall be strictly enforced.
7-1.15 Third Party Claims
A. Pursuant to Public Contract Code Section 9201, City shall have full authority to compromise or otherwise settle any claim relating to the Contractor at any time.

B. City shall provide for timely notification to the Contractor of the receipt of any third–party claim relating to the contract. Notice shall be in writing and will be provided within (30) days.

C. City shall be entitled to recover its reasonable costs incurred in providing the notification required by subdivision (b).

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2 8 PROSECUTION AND PROGRESS
The Bidder's attention is directed to the provisions in Division I, Section 8, Prosecution And Progress, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 8, Prosecution And Progress, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 8-1.02 SCHEDULE
SECTION 8-1.02A GENERAL
Replace Section 8-1.02A General with the following:

Submit the type of schedule specified in the special provisions. If no type is specified, submit a Level 1.

Submittal of a Schedule is not acceptance. The Engineer will accept the schedule upon review and determination of its compliance with Contract terms and City needs. The schedule will not relieve you of the responsibility for accomplishing the all the work in compliance with the contract.

You agree by submission of a bid, that the work can be completed within contract duration and working hour restrictions.

The Engineer will not accept a schedule which shows a project completion date in excess of the contract time duration. No progress payments will be paid until the Engineer has approved the project schedule.

Float time shown on the approved project schedule is not for exclusive use or benefit of either you or the Engineer. Float time is available for use by either you or the Engineer whoever needs it first in order to:

1. minimize the impact of project problems

2. delays

3. changes in the work.

You agree that float time may be used by the Engineer to resolve project problems. You agree that there will be no basis for any modification of the

1. project milestone dates

2. an extension of the contract time

3. a claim for additional compensation
as a result of any:

1. project problem

2. change orders

3. delay
that only results in the loss of available float on the project schedule.

On a monthly basis prior to application for payment, you must arrange a meeting with the Engineer to review your updated project schedule. Updates must include accurate progress data and be based upon your best judgment. Updates must be made to the project schedule in consultation with all subcontractors and suppliers.

SECTION 8-1.03 PRECONSTRUCTION CONFERENCE
Replace Section 8-1.03 Preconstruction Conference with the following:

The City will execute the Contract with the successful Bidder upon receipt of:

1. bonds
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2 2. insurance

3. signed Contract.

The Engineer will set a date for the pre-construction conference. The pre-construction conference will take place within 15 working days of the execution of the Contract by the City. Attendance by your representative is required.

SECTION 8-1.04 START OF JOB SITE ACTIVITIES
SECTION 8-1.04B STANDARD START
Replace Section 8-1.04B Standard Start with the following:

The Contract time, as stated in the special provisions, will begin on the date specified in the notice to proceed, generally the second Monday following the pre-construction conference. Work must commence within ten working days from the start of contract time. Failure to start work within the allotted time period, without written approval of the Engineer, is considered abandonment of the work and the Engineer may terminate your control over the work in compliance with Section 8-1.13.

Work must be diligently prosecuted to completion before the expiration of the Contract time provided in the special provisions, beginning on, and including, the start date given in the notice to proceed.

Do not start job site activities until the City authorizes or accepts your submittal for:

1. CPM baseline schedule

2. WPCP or SWPPP, whichever applies

3. Notification of DRA nominee and disclosure statement

4. Contingency plan for opening closures to traffic

5. Other submittals as called out in these Specifications.

You may enter the job site only to measure controlling field dimensions, take photos or videos, and locate utilities.

Do not start other job site activities until all the submittals from the above list are authorized or accepted and the following information is received by the Engineer:

1. Notice of Materials To Be Used form.

2. Written statement from the vendor that the order for structural steel has been received and accepted by the vendor. The statement must show the dates that the materials will be shipped.

You may start job site activities before the 20th day after Contract approval if you:

1. Obtain specified authorization or acceptance for each submittal before the Specified Date in the Notice to Proceed

2. Receive authorization to start.

Submit a notice 72 hours before starting job site activities. If the project has more than 1 location of work, submit a separate notice for each location.

SECTION 8-1.05 TIME
Replace Section 8-1.05 Time with the following:

You must complete all of the work called for under the Contract within the time set forth in the special provisions.

You must complete any designated portion of the project within the time as shown or specified.

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2 Determination that a day is a non-working day by reason of inclement weather or conditions resulting therefrom will be made by the Engineer.

The Engineer will provide the status of working days on the monthly progress payment, including:

1. total days

2. days used

3. days remaining.

You are responsible to verify the days are correctly shown on the pay estimate. If you believe an error has been made, notify the Engineer in writing within 15 days of receipt of the pay estimate, or the status of days is deemed accepted as correct.

Complete all work including punch list items before the expiration of the Contract time.

Monthly status of working days will only be provided when working days are being charged and monthly payment is due to you.

SECTION 8-1.06 SUSPENSIONS
Replace Section 8-1.06 Suspensions with the following:

The Engineer may suspend work wholly or in part due to conditions unsuitable for work progress. Provide for public safety and a smooth and unobstructed passageway through the work zone during the suspension in compliance with Sections 7-1.03 and 7-1.04.

The Engineer may suspend work wholly or in part due to your failure to:

1. fulfill the Engineer's orders

2. fulfill a Contract part

3. perform weather-dependent work when conditions are favorable so that weather-related unsuitable conditions are avoided or do not occur.

The Engineer may provide for a smooth and unobstructed passageway through the work during the suspension and deduct the cost from payments. No time adjustment will be made for the suspension.

Upon the Engineer's order of suspension, suspend work immediately. Resume work when ordered.

SECTION 8-1.07 DELAYS
SECTION 8-1.07C PAYMENT ADJUSTMENTS
Replace 1st paragraph in Section 8-1.07C Payment Adjustments with the following:

For an excusable delay that affects your costs, the City may make a payment adjustment.

The City does not make a payment adjustment for overhead incurred during non–working days that extend the Contract into an additional construction season.

SECTION 8-1.10 LIQUIDATED DAMAGES
Replace the 3rd and 4th paragraph of Section 8-1.10A Liquidated Damages with the following:

Liquidated Damages in the Amount of $1,500 per calendar day will be assessed for failure to complete the contract work within the number of workdays specified.

SECTION 8-1.10B FAILURE TO COMPLETE WORK PARTS WITHIN SPECIFIED TIMES SECTION 8-1.10B(1) FAILURE TO COORDINATE SIGNAL TURN-ONS, STRIPING AND SIGNING DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 Add 8-1.10B(1) Failure To Coordinate Signal Turn-Ons, Striping And Signing as follows:

If signal turn-on, road striping, and signing are not coordinated as required by the project specifications, damage will be sustained by the City and its residents. Since it is and will be impractical to determine the actual damage which the City and its residents will sustain by reason of your failure to comply with the project specifications, it is agreed that you will pay to the City the sum of $500 per day for each:

1. day that you fail to stripe the road

2. day that you fail to install required signs after the third day after a signal is turned on

3. day that you fail to turn on a signal after the second day after striping the road

4. day that you fail to remove signs which conflict with new striping

5. day that you fail to install signs as shown or specified.

SECTION 8-1.14 F TERMINATION OF CONTROL
Add Section 8-1.14F as follows:

Whenever, in the opinion of the City , the Contractor has failed to supply an adequate force of labor, equipment, or materials of proper quality, or has failed in any other respect to prosecute the work with the diligence specified in the Contract; or if Contractor should refuse or fail to comply with laws, ordinances, or directions of the Engineer; or if Contractor should fail to make prompt payments to subcontractors or for labor or materials; or otherwise be in breach of this Contract; the City may give written notice of at least five (5) calendar days to the Contractor and Contractor's sureties that if the defaults are not remedied within a time specified in such notice, the Contractor's control over the work will be terminated.

If the Contractor should be adjudged as bankrupt or make an assignment for the benefit of Contractor's creditors, or if a receiver should be appointed on account of Contractor’s insolvency, the City may declare the Contractor's control over the work terminated, and so notify the Contractor and Contractor’s sureties.

Upon such termination, the City may take possession, and use all or any part, of the Contractor's materials, tools, equipment, and appliances upon the premises to complete the work; the City assuming responsibility for the final relinquishment of such equipment at the conclusion of the work, or sooner, at its option, in as good condition as when it was taken over, reasonable wear and tear excepted; and the City agrees to pay for such materials and the use of said equipment at a reasonable compensation.

If the Contractor's control over the work is terminated as provided above, the Contractor is not entitled to receive any portion of the amount to be paid under the Contract until it is fully completed. After completion, if the unpaid balance exceeds the sum of the amount expended by the City in finishing the work, plus all damages sustained, or to be sustained, by the City, plus any unpaid claims on account of labor, materials, tools, equipment, or supplies contracted for by the Contractor for the work herein contemplated, the excess not otherwise required by these Contract Documents to be retained shall be paid the Contractor.

The City reserves the right to terminate the work for its convenience upon written notice to Contractor. In such event, the Contractor shall be paid its reasonable costs for that portion of the work performed to the date of termination, reasonable costs associated with demobilization, plus fifteen percent (15%) of all such costs for overhead and profit.

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2 9 PAYMENT
The Bidder's attention is directed to the provisions in Division I, Section 9, Payment, of the Caltrans Standard Specifications, 2015, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.

Replace, Delete or Add to Division I, Section 9, Payment, of the Caltrans Standard Specifications, 2015, as follows:

SECTION 9-1.02A GENERAL
Add to Section 9-1.02A General as follows:

Final pay item quantities are designated with an “(F)” in the bid item list.

SECTION 9-1.03 PAYMENT SCOPE
Add to Section 9-1.03 Payment Scope as follows:

When the Engineer does not retain a portion of the funds during the prosecution of the work, as required on federally funded projects, you may not retain a portion of the funds due to subcontractors when making progress payments.

The City does not pay interest on progress payment retentions.

Your bid prices include all items of work and materials as shown and called out in the project special provisions necessary to complete all the work. The contract prices for doing the work include full compensation for furnishing all:

1. labor

2. materials

3. tools

4. equipment

5. incidentals
to complete the work.

Any items of work that does not have a separate pay item is considered included in other items cost of work and no additional compensation will be paid.
9-1.04 FORCE ACCOUNT
9-1.04A GENERAL
Add to Section 9-1.04A General as follows:

When force account or extra work is in dispute, you must still review your daily work report for the disputed work with the Engineer every day. The daily work must be signed by the Engineer daily to verify that your report has been reviewed. Final determination as to whether the work is included in the contract work or is extra work, may be decided after the work is completed.

SECTION 9-1.04B LABOR
Add to Section 9-1.04B Labor as follows:

For the purposes of calculating the cost of extra work or force account payment:

1. owner

2. superintendents
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2 3. other salaried employees
performing work on the project must be billed at the prevailing wage corresponding to the type of work performed as shown in the current labor rate publication.

SECTION 9-1.04D EQUIPMENT RENTAL
SECTION 9-1.04D(1) GENERAL
Add to Section 9-1.04D(1) General as follows:

You must submit a list of equipment anticipated to be used on the project and the associated Caltrans equipment rental rate. If there is no established rate for equipment planned to be used, furnish that information to the Engineer. Provide equipment submittal with Caltrans rates at the pre-construction conference. The most current Caltrans equipment rental rate publication at the date of contract award will be used for the entire project.

SECTION 9-1.07 PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS Delete Section 9-1.07
SECTION 9-1.16 PROGRESS PAYMENTS
SECTION 9-1.16A GENERAL
Replace Section 9-1.16 with:

The City, once in each month, shall cause an estimate in writing to be made by the Engineer. The estimate shall include the total amount of work done and acceptable materials furnished, provided the acceptable materials are listed as eligible for partial payment as materials in the special provisions and are furnished and delivered by the Contractor (provided that the Contractor furnishes evidence satisfactory to the Engineer that the materials are stored in an area subject to or under the control of the City, to the time of the estimate, and the value thereof). The estimate shall also include any amounts payable for mobilization. Daily extra work reports furnished by the Contractor less than 5 calendar days, not including Saturdays, Sundays and legal holidays, prior to the preparation of the monthly progress estimate shall not be eligible for payment until the following month's estimate.

The amount of any material to be considered in making an estimate will in no case exceed the amount thereof which has been reported by the Contractor to the Engineer on City approved forms, properly filled out and executed, including accompanying documentation as therein required, less the amount of the material incorporated in the work to the time of the estimate. Only materials to be incorporated in the work will be considered. The estimated value of the material established by the Engineer will in no case exceed the Contract price for the item of work for which the material is furnished.

Contractor shall submit to Engineer an itemized application for payment for the cost of the work in permanent place, which has been completed in strict accordance with the Contract Documents as of the last day of the preceding month, less amounts previously paid. The application for payment shall be prepared in a form acceptable to the Engineer and shall contain itemized amounts in accordance with the Contract Documents. The applications for payment shall not include requests for payment on account of changes which have not been authorized by Change Orders, or for amounts Contractor does not intend to pay a subcontractor because of a dispute or other reason.

If requested by the City, an application for payment shall be accompanied by a summary showing payment that will be made to subcontractors covered by such application, and unconditional waivers and releases of claims and stop notices, from each subcontractor listed in the preceding application for payment covering sums disbursed pursuant to that preceding application for payment.

Contractor warrants that upon submittal of an application for payment, all work has been performed in strict compliance with the Contract Documents, and all work for which certificates of payment have been previously DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
B-48
06/5/2024
2 issued and payment has been received from City, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment related to the work.

Payment of all, or any part, of an application for payment may be withheld, a certificate of payment may be withheld, all or part of a previous certificate for payment may be nullified and that amount withheld from a current certificate for payment, or the City may withhold from payment, on account of any of the following:

1. Defective work not remedied;

2. Third-party claims against Contractor or City arising from the acts or omissions of Contractor or subcontractors;

3. Stop Notices;

4. Failure of Contractor to make timely payments due to subcontractors for material or labor;

5. Damage to the City or others for which Contractor is responsible;

6. Failure of Contractor to maintain, update, and submit record documents;

7. Failure of Contractor to submit schedules or their updates as required by the Contract Documents;

8. Performance of the work by Contractor without properly processed shop drawings; 9 Liquidated damages assessed;

10. Any other failure of Contractor to perform its obligations under the Contract Documents.

The request for a progress payment shall be turned into the City by the 20th of each month and the City shall process payment to be ready by the 20th of the following month. Pursuant to Public Contract Code Section 20104.50, if City fails to make a progress payment in a timely manner, it shall pay interest to Contractor at the legal rate set forth in the Code of Civil Procedure Section 685.010(e). Upon payment of a progress invoice, the City is hereby granted title and ownership to all work in progress, drawings, materials, equipment, machinery, fittings, items of outfit and furnished goods invoiced for as required by this Agreement, which shall be free of encumbrances.

Add to Section 9-1.16A General as follows:

Items Contractor wants Engineer to be eligible for progress payment even if they are not incorporated into the work shall be determined with a written change order.

Progress payments will provide you compensation for work and eligible materials through the last day of the month. No progress payment will be made when the work is not proceeding in compliance with the contract or when the total value of the work done since the last progress payment is less than $1000, as determined by the Engineer.

SECTION 9-1.16C MATERIALS ON HAND
Replace Section 9-1.16C Materials on Hand with the following:

Materials on hand but not incorporated into the work are eligible for progress payment of fifty percent (50%) of the value of the materials furnished and delivered and unused. For materials to be eligible for progress payment:

1. the cost of the materials must be greater than $20,000

2. an invoice is provided for the material clearly showing the material is for this current work and cost

3. the material is stored in a secure yard and made available to the Engineer for inspection

4. a request for partial payment is made
SECTION 9-1.16E WITHHOLDS
Replace 1st paragraph in Section 9-1.16E(2) with:

The City withholds 10 percent of a progress payment for noncompliant progress. Noncompliant progress occurs when:

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
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2 1. Total days to date exceed 75 percent of the working days

2. Percent of working days elapsed exceeds the percent of value of work completed by more than 15 percent
Add to Section 9-1.16E(2).

The City may withhold a portion of your payment for fines and mitigation imposed by outside regulatory authorities, as a result of your failure to comply with regulations and permits.

Upon Contractor's request, City will make payment of funds withheld from progress payments pursuant to the requirements of Public Contract Code Section 22300, if Contractor deposits in escrow with City or with a bank acceptable to City, securities eligible for investment under Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and City, upon the following conditions:
a. Contractor shall bear the expense of City and the escrow agent in connection with the escrow deposit made.
b. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to Contractor pursuant to this section. c. Contractor shall enter into an escrow Contract satisfactory to City, which Contract shall be substantially similar to the form provided in Public Contract Code Section 22300. d. Contractor shall obtain the written consent of the surety to such Contract.

SECTION 9-1.16E(4) STOP NOTICE WITHHOLDS
Replace Section 9-1.16E(4) Stop Notice Withholds with the following:

The City shall withhold payments to cover claims filed under Civil Code §9000 et seq. The City will withhold 125 percent of the value of all Stop Notices in accordance with Civil Code §9364.

Stop notice information may be obtained from the Engineer.

SECTION 9-1.16F RETENTIONS
Replace Section 9-1.16F Retentions with the following:

Public Contract Code 7202 does not apply to the City.

City shall retain five percent (5%) of the estimated value of the work completed and five percent (5%) of the value of materials estimated to have been furnished and delivered and unused or furnished and stored as part security for the fulfillment of the Contract by Contractor. Securities may be substituted as set forth in Public Contracts Code Section 22300. No such invoice or payment will be construed to be an acceptance of any work or materials. Before any progress payment or the final payment is made, Contractor may be required to submit satisfactory evidence that he is not delinquent in payments to his employees, subcontractors, suppliers or other creditors for labor and materials incorporated into the work.

SECTION 9-1.17 PAYMENT AFTER CONTRACT ACCEPTANCE
SECTION 9-1.17C PROPOSED FINAL ESTIMATE
Delete 3rd paragraph in Section 9-1.17C Proposed Final Estimate.

SECTION 9-1.17D FINAL PAYMENT AND CLAIMS
SECTION 9-1.17D(1) GENERAL
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
B-50
06/5/2024
2 Replace Section 9-1.17D(1) General with the following:

If Contractor accepts the proposed final estimate or does not submit a claim statement within 30 days of receiving the proposed final estimate, the Engineer will process the proposed final estimate for payment. The final payment will not be due and payable until the expiration of 40 days from the date the notice of completion is filed with the City of Emeryville. The Notice of Completion will be filed within five days of formal acceptance of the work by the City Council or its designated representative, upon the recommendations of the Engineer.

This final estimate and payment is conclusive except as specified in Sections 5-1.27, 6-3.06, and 9-1.21.

If Contractor submits a claim statement within 30 days of receiving the Engineer’s proposed final estimate, the Engineer will process for payment the proposed final pay estimate for payment of the uncontested amount due.

The Engineer will pay the uncontested amount due within 40 days from the date the notice of completion is filed with the City of Emeryville. The uncontested amount due estimate is conclusive as to the amount of work completed and the amount payable except as affected by the claims or as specified in Sections 5-1.27, 6-3.06, and 9-1.21.

SECTION 9-1.17D(2) CLAIM STATEMENT
SECTION 9-1.17D(2)(A) GENERAL
Add to Section 9-1.17D(2)(a) General as follows:

For each claim, submit a claim statement showing:

1. The identification number

2. Date the Initial Potential Claim was furnished to the Engineer

3. Date the Supplemental Potential Claim was furnished to the Engineer

4. The final amount of additional payment requested

5. Attach a copy of the Full and Final Potential Claim Record Submit claims to:

City Engineer
City of Emeryville – Public Works Department
1333 Park Avenue
Emeryville, CA 94608
SECTION 9-1.17D(2)(D) WAIVER
Add to 1st paragraph in Section 9-1.17D(2)(d) Waiver as follows:

1. You did not comply with applicable notice or protest requirements including but not limited to:

Section 4-1.06;
Section 5-1.06;
Section 5-1.42; or
Section 8-1.07.

SECTION 9-1.17D(3) FINAL DETERMINATION OF CLAIMS
Delete 6th paragraph in Section 9-1.17D(3) Final Determination of Claims.

SECTION 9-1.22 ARBITRATION
Replace Section 9-1.22 Arbitration with the following:

Section 9-1.22 Claim Resolution Procedure

1. For all claims contested by the Engineer and not included in the semifinal estimate, the Engineer may request additional information within 30 days of submittal of the semifinal estimate. A proof of mailing or delivery must be retained.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EPW-24104
B-51
06/5/2024
2 2. You must submit to the Engineer the information requested for each claim within 30 days of the date of mailing of the Engineer’s request. Proof of mailing or Engineer’s receipt will be retained for the submittal. Failure to timely submit the information requested is deemed a waiver of the claim.

3. The Engineer will submit a written response to you for each claim within 30 days after the date of mailing of your submittal, or if the Engineer did not request additional information, within 30 days of submittal of the semifinal estimate.

4. If you dispute the Engineer’s written response to any claim, or the Engineer fails to respond within the time specified, you must notify the Engineer in writing, either within 15 days of the Engineer’s response or the Engineer’s failure to respond within the specified time period, and demand an informal meeting to discuss and attempt to settle the issues remaining in dispute. Upon receipt of such a demand, the Engineer will schedule such a meeting within 30 days.

5. Following the meeting if any claim or portion thereof remains in dispute, you may file a claim as provided in Government Code 910 and following.

6. Either party may request non-binding mediation at any time following the informal meeting in an attempt to settle any issues remaining in dispute. If both sides agree to mediation and agree on a mediator, the parties must pay equally the fees and expenses of the mediator.

7. If either party initiates litigation against the other, within 60 days, but no earlier than 30 days, following the filing of the responsive pleading, the court may submit the matter to nonbinding mediation unless both parties stipulate to waive this requirement. The parties must select a disinterested third person as mediator within 15 days following the 60th day after the filing of the responsive pleading, and the mediation must commence within 30 days of selection of the mediator, unless the parties stipulate otherwise, or the court, on a showing of good cause, orders a time extension. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. The parties must pay equally the fees and expenses of the mediator.

The court may, upon either party’s request, order any witnesses to participate in the mediation process. The party requesting the appearance of any witness must pay the costs and expenses of the witness.

SECTION 9-1.23 CITY BILLING
Add Section 9-1.23 City Billing as follows:

Where City staff and equipment are used for work, billing will be done at the hourly billing rate for particularly involved City staff. City materials and equipment will be billed in compliance with Section 9-1.04. Work performed by a third party will be billed at the amount charged to the City for the work plus an additional five percent markup. The total cost plus markup may be retained from contract or for private work billed to permittee.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5

PROJECT SPECIFICATIONS
PROJECT NO. 2301
June 5, 2024

CITY OF EMERYVILLE OLD AND

NEW CITY HALL EXTERIOR PAINTING
STUDIO MIERS | CHOU | POON
5845 DOYLE STREET
SUITE 106
EMERYVILLE, CA 94608
TEL. 510.285.6003
WWW.STUDIO-MCP.COM
Exhibit A2
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 Studio Miers|Chou|Poon Architects Emeryville Old and New City Hall Exterior Painting

TABLE OF CONTENTS
00 01 10 - 1
SECTION 00 01 10

TABLE OF CONTENTS
DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS
City of Emeryville Part A Specifications

DIVISION 01 – GENERAL REQUIREMENTS
01 11 00 Summary of Work
01 26 15 Requests for Interpretation (RFI)
01 29 00 Payment Procedures
01 33 00 Submittal Procedures
01 35 15 CALGreen Requirements
01 35 91 Building Cleaning
01 43 39 Mock-up Requirements
01 45 00 Quality Control
01 73 29 Cutting and Patching
01 74 00 Cleaning
01 78 36 Warranties
01 78 39 Form of Warranty

DIVISION 09 – FINISHES
09 24 13 Plaster Repair
09 91 00 Painting

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 Studio Miers|Chou|Poon Architects Emeryville Old and New City Hall Exterior Painting

SUMMARY OF WORK
01 11 00 - 1
SECTION 01 11 00

SUMMARY OF WORK
PART 1 - GENERAL

1.01 WORK COVERED BY CONTRACT DOCUMENTS
A. Work Covered by Contract Documents includes exterior painting of both the existing “Old” and “New” City Hall” as well cleaning of the “New” City factory painted components such as the metal wall panels and window wall which will not be painted. Work includes ;

3. Repair of exterior cement plaster areas at the “old” City Hall and repainting of all stucco as per the color drawings included in the contract documents.

4. Cleaning of the concrete raised platform on the south side of the “old” City Hall.

5. In addition to Painting of all exterior wood windows and stucco surfaces, also paint all exterior doors, metal handrails and other exposed painted metal surfaces

6. Painting of all field constructed steel surfaces on the “new” City Hall including roof trusses, underside of metal deck soffits, metal fences, metal painted handrails, other misc.exposed metal surfaces such as pipes, vertical cantilevered fences, metal flashing, stucco soffits and all other surfaces noted on the drawings or which are in need of painting. Painting of the south side stair is not included in the scope of work as it has been recently painted

8. Scaffolding as needed.

SUMMARY OF WORK
01 11 00 - 2

1.02 PHASES
A. The work shall be constructed in one single phase.

1.03 ACCESS TO SITE
A. The Site will be made accessible to the Painting Contractor (PC) during the construction period. However, the PC must clearly define the area of work and allow public access along all public sidewalks, between the new and old City Hall buildings and from the City Parking lot into either building. Scaffolding must allow for safe ingress and egress from every exterior door to the public right of way. The PC will notify City of Emeryville a minimum of 48-hours in advance of performing any work which necessitates closing or interfering with traffic on public thoroughfares on any adjacent parking areas, and driveways. Obtain written permission from the City Emeryville prior to effecting such closures and interruptions.

1.04 SCHEDULING – The schedule for performing all above described painting, cleaning and stucco repair work is 80 working days.

A. Operations Schedule:

1. Develop a Day Time Operations Schedule specifically for use as a coordination tool for painting/cleaning/repair activities..

2. Review this schedule with the Owner and Architect and receive their written approval prior to commencing work and periodically thereafter as needed; incorporate adjustments as necessary.

1.05 ADJACENT SITE CONDITION SURVEY
A. Prior to commencement of work, jointly walk the site with the Owner and Architect to review and document the condition of all existing paving, plant life, existing adjacent buildings, and other items noting and recording existing damage such as cracks, sags, unhealthy plant life, and other damage.

B. This record shall serve as a basis for determination of subsequent damage to these items due to Contractor's operations.

C. Existing damage observed shall be marked and the official record of existing damage shall be signed by the parties making the survey.

D. Cracks, sags, and damage to the site, paving, plant life, and other items not noted in the original survey but subsequently observed shall be reported immediately to the Owner’s Representative.

1.06 PROTECTION OF EXISTING UTILITIES
A. The Drawings may not show all existing above and below grade drainage lines; storm drains; sewer, water, gas, and electrical lines; and other items known to exist in the area of the work.

PC shall review all existing conditions including availability of electrical and water services for use in the course ofwork under this contract.

1.07 USE AND OCCUPANCY OF WORK PRIOR TO ACCEPTANCE BY OWNER A. Given the Exterior renovation nature of the building, existing office uses within the building will continue during all phases of the renovation work. The PC is to ensure that all required ingress and egress is protected and remains accessible at all times. Should there be a need to close off access to any ingress or egress such need shall be submitted in writing to the architect and owner outlining all times of interruption along with a proposal on how alternative ingress and egress can be provided. The Owner will need to approve in writing all such requests which will not be unreasonably withheld. The Owner will use and occupy completed phases of the building before formal acceptance under the following conditions:

SUMMARY OF WORK
01 11 00 - 3
PART 2 - PRODUCTS
Not Used.

PART 3 - EXECUTION
Not Used.

END OF SECTION
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 Studio Miers|Chou|Poon Architects Emeryville Old and New City Hall Exterior Painting

REQUESTS FOR INTERPRETATION (RFI)
01 26 15 - 1
SECTION 01 26 15

REQUESTS FOR INTERPRETATION (RFI)
PART 1 – GENERAL

1.01 GENERAL
A. This Section contains the procedures to be followed by the Contractor upon discovery of any apparent conflicts, omissions, or errors in the Contract Documents or upon having any question concerning interpretation.

1.02 DEFINITIONS
A. Requests for Interpretation: A request from the Contractor seeking an interpretation or a clarification of some requirement of the Contract Documents. The Contractor shall clearly and concisely set forth the issue requiring clarification or interpretation and why a response is needed. Include in the request interpretation or understanding of the contract’s requirements along with documentation for the interpretation or understanding.

Responses from the Architect will not change any requirements of the Contract Documents.

B. Drawing/Plan Clarification: An answer from the Architect in response to an inquiry from the Contractor, intended to make some requirement(s) of the drawings clearly understood. Drawing/plan clarifications may be sketches, drawings, or in narrative form and will not change any requirements of the drawings.

C. Non-Conformance Notice: A notice issued by the Architect documenting that the work or some portion thereof has not been performed in accordance with the requirements of the Contract Documents. Payment will not be made on any portion of the work for which a Non-Conformance Notice has been issued and the work not corrected to the Satisfaction of the Architect. Upon receipt of a Non-Conformance Notice, the Contractor shall provide a written response within 5 working days after receipt, noting why they believe the work was performed in accordance with the Contract Documents or what corrective action they intend to take to correct the non-conforming work. Written responses from the Contractor are not considered to be RFI’s.

D. Project Communications: Routine written communications between the Architect and Contractor shall be in writing, field memo, or e-mail. Such communications shall not be identified as RFI’s.

1.03 PROCEDURES
A. Notification by Contractor:

1. Submit all requests for clarification or additional information in PDF electronic format to the Architect using a Request for Interpretation (RFI) Form acceptable to the Architect.

2. Number RFIs sequentially. Follow RFI number with sequential alphabetical suffix as necessary for each resubmission. For example, the first RFI would be "1"; the second RFI would be "2." The first resubmittal of RFI "2" would be "2a", etc.

3. Limit each RFI to one subject.

4. Submit a RFI if one of the following conditions occurs:

REQUESTS FOR INTERPRETATION (RFI)
01 26 15 - 2
a. The Contractor discovers an unforeseen condition or circumstance that is not described in the Contract Documents.
b. The Contractor discovers an apparent conflict or discrepancy between portions of the Contract Documents that appears to be inconsistent or cannot be reasonably inferred from the intent of the Contract Documents. c. The Contractor discovers what appears to be an omission from the Contract Documents that cannot be reasonably inferred from the intent of the Contract Documents.

5. RFIs will not be recognized or accepted if, in the opinion of Architect, one of the following conditions exists:
a. The Contractor submits the RFI as a request for substitution. b. The Contractor submits the RFI as a submittal.
c. The Contractor submits the RFI under pretense of a Contract Documents discrepancy or omission without thorough review of the Contract Documents.
d. The Contractor submits the RFI in a manner that suggest that specific portions of the Contract Documents are assumed to be excluded or by taking an isolated portion of the Contract Documents in part rather than whole.
e. The Contractor submits an RFI in an untimely manner without proper coordination and scheduling of Work of related trades.

6. Ask for any clarification or request for interpretation immediately upon discovery.

Submit RFIs in a reasonable time frame so as not to affect the Contract Schedule while allowing the full response time specified below.

1.04 RESPONSE TIME
A. The Architect, whose decision will be final and conclusive, will resolve such questions and issue instructions to the Contractor within a reasonable time frame. In most cases, RFIs will receive a response within 10 working days. In some cases this time may need to be lengthened for complex issues, or shortened for emergency situations, as mutually agreed in writing.

B. Should the Contractor proceed with the work affected before receipt of a response from the Architect, within the response time specified above, any portion of the work that is not done in accordance with the Architect’s interpretations, clarifications, instructions, or decisions is subject to removal or replacement and the Contractor shall be responsible for all resultant losses.

PART 2 – PRODUCTS
Not used.

PART 3 – EXECUTION
Not used.

REQUESTS FOR INTERPRETATION (RFI)
01 26 15 - 3

PAYMENT PROCEDURES
01 29 00 - 1
SECTION 01 29 00

PAYMENT PROCEDURES
PART 1 – GENERAL

1.01 DESCRIPTION
A. This Section includes progress payment procedures.

B. Related Sections:

1. Schedule of values is specified in Section 01 29 73.

1.02 APPLICATIONS FOR PAYMENT
A. Each Application for Payment shall be consistent with previous applications and payments as certified by the Architect and paid for by the Owner.

1. The initial Application for Payment, the Application for Payment at time of Substantial Completion, and the final Application for Payment involve additional requirements.

B. Payment Application Times: Each progress payment date is as indicated in the Agreement. The period of construction work covered by each Application or Payment is the period indicated in the Agreement.

C. Payment Application Forms: Use AIA Document G702 and Continuation Sheets G703 as the form for Application for Payment.

D. Application Preparation: Complete every entry on the form, including notarization and execution by person authorized to sign legal documents on behalf of the Owner.

Incomplete applications will be returned without action.

1. Entries shall match data on the Schedule of Values and Contractor's Construction Schedule. Use updated schedules if revisions have been made.

2. Include amounts of Change Orders and Construction Change Directives issued prior to the last day of the construction period covered by the application.

E. Transmittal: Submit executed PDF copy of each Application for Payment to the Architect.

Application shall be complete, including waivers of lien and similar attachments, when required.

F. Waivers of Mechanics Lien: With each Application for Payment, submit waivers of Mechanics Lien from every entity who may lawfully be entitled to file a mechanics lien arising out of the Contract, and related to the work covered by the payment. Such lien waivers or releases will include a conditional waiver/release for the specific payroll request submitted plus an unconditional lien waiver/release

1. Submit partial waivers on each item for the amount requested, prior to deduction for retainage, on each item.

PAYMENT PROCEDURES
01 29 00 - 2

2. When an application shows completion of an item, submit final or full waivers.

3. The Owner reserves the right to designate which entities involved in the work must submit waivers.

4. Waiver Delays: Submit each Application for Payment with the Contractor's waiver of mechanics lien for the period of construction covered by the application.

5. Submit final Application for Payment with or preceeded by final waivers from every entity involved with performance of work covered by the application who could lawfully be entitled to a lien.

6. Waiver Forms: Submit waivers of lien on forms, and executed in a manner, acceptable to Owner.

G. Initial Application for Payment: Administrative actions and submittals that shall precede or coincide with submittal of the first Application for Payment include the following:

1. List of subcontractors.

2. List of principal suppliers and fabricators.

3. Schedule of Values.

4. Contractor's Construction Schedule (preliminary if not final).

5. Schedule of principal products.

6. Schedule of unit prices.

7. Submittal Schedule (preliminary if not final).

8. List of Contractor's staff assignments.

9. List of Contractor's principal consultants.

10. Copies of building permits.

11. Copies of authorizations and licenses from governing authorities for performance of the work.

12. Initial progress report.

13. Report of pre-construction meeting.

14. Certificates of insurance and insurance policies.

15. Performance and payment bonds (if required).

16. Data needed to acquire Owner's insurance.

17. Initial settlement survey and damage report, if required.

PAYMENT PROCEDURES
01 29 00 - 3
H. Application for Payment at Substantial Completion: Following issuance of the Certificate of Substantial Completion, submit an Application for Payment; this application shall reflect any Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the work.

1. Administrative actions and submittals that shall proceed or coincide with this application include:
a. Occupancy permits and similar approvals.
b. Warranties (guarantees) and maintenance agreements.

c. Test/adjust/balance records.
d. Maintenance instructions.
e. Meter readings.
f. Start-up performance reports.
g. Change-over information related to Owner's occupancy, use, operation and maintenance.
h. Final cleaning.
i. Application for reduction of retainage, and consent of surety. j. Advice on shifting insurance coverage.
k. Final progress photographs.
l. List of incomplete work, recognized as exceptions to Architect's Certificate of Substantial Completion.
m. Complete copy of all required and up to date lien releases incorporated into a binder.

I. Final Payment Application: Administrative actions and submittals which shall precede or coincide with submittal of the final payment Application for Payment include the following:

1. Completion of Project closeout requirements.

2. Completion of items specified for completion after Substantial Completion.

3. Assurance that unsettled claims will be settled.

4. Assurance that work not complete and accepted will be completed without undue delay.

5. Transmittal of required Project construction records to Owner.

6. Certified property survey.

7. Proof taxes, fees and similar obligations have been paid.

PAYMENT PROCEDURES
01 29 00 - 4

8. Removal of temporary facilities and services.

9. Removal of surplus materials, rubbish and similar elements.

10. Change of door locks to Owner's access.

PART 2 - PRODUCTS
Not Used.

PART 3 - EXECUTION
Not Used.

SUBMITTAL PROCEDURES
01 33 00 - 1
SECTION 01 33 00

SUBMITTAL PROCEDURES
PART 1 - GENERAL

1.01 GENERAL
A. Timing:

1. Make submittals within the specified time.

2. Make submittals in advance of scheduled dates of installation to provide time for reviews, for securing necessary approvals, for possible revision and re-submittal, and for placing orders and securing delivery.

B. Identification:

1. Identify each submittal and re-submittal with the following information:
a. Project name and address as they appear in the Contract Documents. b. Contract name.
c. Contractor's name and address.
d. Date of submission.

1.02 SCHEDULES
A. General: Submit required schedules prior to submitting first Application for Payment, unless otherwise specified.

B. Construction Schedule:

1. Submit a digitized schedule which outlines all the required painting related tasks required to complete the project. The schedule should at a minimum show all daily activity in bar graph format starting from award of contract, mobilization, scaffolding and final clean up.

C. Proposed Cash-Flow Schedule: Submit with Progress Schedule.

D. Schedule of Values:

1. Form and Content:
a. Type Schedule on 8-1/2-inch x 11-inch white paper; Contractor's standard forms and automated printout will be considered for approval upon request. b. List the installed value of the component parts of the work broken down into sufficient detail to serve as a basis for computing values for progress payments during construction. For example, in the case of drywall work, identify components such as wood studs, wallboard, accessories, taping, and finishing.
c. For various portions of the work:
1) Include a separate line item for amount of the overhead and profit drawn on a monthly basis.

SUBMITTAL PROCEDURES
01 33 00 - 2

1.03 PRODUCT DATA, SAMPLES AND OTHER SUBMITTALS
A. General:

1. Submit as required by the various Specification Sections. Do not submit shop drawings, product data, samples or other submittals unless specifically required.

2. Allow a minimum of 5 working days for processing by the Architect and his Consultants, or the Owner's consultants, as applicable. Some submittals may require more processing time based upon consultant's input and the complexity of the submittal. Refer to Paragraph 1.02 E. If certain submittals are critical, they shall be identified at time of submission to assure priority review.

of the sepias and all prints.

C. Product Data:

1. Submit six copies of all product data.

2. Review, processing, and distribution of Product Data will be the same as for Shop Drawings.

D. Samples:

1. Submit two samples of all materials.

2. Submit in the size specified in the individual Specification Sections, and in the quantity required to be returned, together with two additional Samples, which will be retained by the Architect or the Architect's consultants, or the Owner’s consultants, as applicable.

3. Where Samples have natural variations in texture, color, or dimension, submit Samples showing the range of variation.

4. Ship samples to the Architect's or consultant's office, carriage prepaid. Samples to be returned will be returned to the Contractor COD.

E. Other Submittals: Submit as specified in the individual Specification Sections.

1.04 PAINT COLORS
A. Submit min three accurate color brush outs of each selected color and all requested alternative colors as specified to the Architect for review and selection.

CALGREEN REQUIREMENTS
. 01 35 15 - 1
SECTION 01 35 15

CALGREEN REQUIREMENTS
PART 1 - GENERAL

1.01 DESCRIPTION
A. This Section includes general requirements and procedures for compliance with 2022 CALGreen nonresidential mandatory requirements.

B. Related Sections:

1. All Specification Divisions, as applicable, for CALGreen requirements specific to the work of each of those Sections.

1.02 SUBMITTALS
A. CALGreen submittals are in addition to other submittals. If submitted item is identical to that submitted to comply with other requirements, submit duplicate copies as a separate submittal to verify compliance with indicated CALGreen requirements.

B. Contractor shall develop a spreadsheet or use one furnished by the building department to track submittals required by CALGreen.

C. CALGreen Submittals: Reference Sheet A0.4 for CAL Green: non-residential Building Plan Submittal Checklist for Submittal requirements including:

1. Furnish documentation showing verification of CALGreen compliance as required by enforcing agency.

2. Section 5.106 – Storm Water Pollution Control

3. Section 5.106.10 – Grading and Paving: Not Applicable

4. Section 5.408 – Construction Waste Management Plan: Furnish a construction waste management plan complying with specified requirements.

5. Section 5.504.4.5 – Composite Wood Products: Not Applicable

1.03 QUALITY ASSURANCE
A. Division 5.1 – Planning and Design:

1. Site Development Requirements: Comply with the applicable requirements of Section 5.106.

B. Division 5.3 – Water Efficiency and Conservation:

1. Indoor Water Use: Comply with the applicable requirements of Section 5.303 and Sections 5.303.2.3.1 through 5.303.45.303.3.1 through 5.303.4 for Indoor Water Use Baseline.

2. Outdoor Water Use: Comply with the applicable requirements of Section 5.304.

CALGREEN REQUIREMENTS
. 01 35 15 - 2
C. Division 5.4 – Material Conservation and Resource Efficiency:

1. Water Resistance and Moisture Management: Comply with requirements specified in Section 5.407 for Weather Protection and Moisture Control.

2. Construction Waste Reduction, Disposal and Recycling: Comply with requirements specified in Section 5.408.
a. Develop a construction waste management plan for the diverted materials, or meet local construction waste manage ordinance, whichever is more stringent.
b. Documentation shall be provided to the enforcing agency which demonstrated compliance with Section 5.408.1. The waste management plan shall be updated as required and shall be accessible during construction for examination by the enforcing agency.

c. Recycle and/or salvage for reuse a minimum of 65-percent of the nonhazardous construction and demolition debris, or meet a local construction and demolition waste management ordinance, whichever is more stringent. Calculate the amount of materials diverted by weight or volume, but not by both.
d. 100-percent of trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing shall be reused or recycled.

3. Building Maintenance and Operation: Comply with the requirements specified in Section 5.410.
a. Provide readily accessible areas that serve the entire building and are identified for the depositing, storage and collection of non-hazardous materials (including organic waste) for recycling per CGC 5.410.1. b. For buildings less than 10,000-sq. ft., test and adjust systems as specified in Sections 5.410.4.

D. Division 5.5 – Environmental Quality:

1. Pollutant Control: Comply with the requirements specified in Section 5.504. a. Cover duct openings and protect mechanical equipment during construction as specified in Section 5.504.3.
b. Finish materials shall comply with the requirement specified in Sections

5.504.4.1 thru 5.504.4.6, as follows:
1) Adhesives, adhesive bonding primers, adhesive primers and caulks shall meet the following requirements:
a) Adhesives, adhesive bonding primers, adhesive primers, sealants, sealant primers, and caulks shall meet the
requirements of the standards listed in CGC 5.504.4.1.
b) Adhesives, sealants and caulks used on the project shall meet the requirements of the standards listed in CGC

5.504.4.1.

CALGREEN REQUIREMENTS
. 01 35 15 - 3
2) Architectural paints and coatings shall comply with VOC limits in Table 5.504.4.3 unless more stringent local limits apply. 3) Carpet systems installed in the building interior shall meet the testing and product requirements of one of the standards listed in CGC Section 5.504.4.4. Carpet cushion and adhesive also must comply.
4) Hardwood, plywood, particleboard, and medium density fiberboard composite wood products used on the interior or exterior of the building shall meet the requirements for formaldehyde as specified in Table 5.504.4.5. Verification of compliance with this section shall be provided at the request of the enforcing agency per CGC 5.504.4.5.3.
5) For 80% of floor area receiving resilient flooring, install resilient flooring complying with the VOC emission limits defined in the 2014 Collaborative for High Performance Schools (CHPS)
criteria and listed on its on its High Performance Products Database; products certified under UL Greenguard Gold
program; certified under the Resilient Floor Covering Institute (RFCI) Floor Score program; or meet California Department of Public Health 2010 Specifications. Documentation shall be provided for verifying that resilient flooring materials meet the pollutant emission limits.
c. Provide regularly occupied areas of the building with air filtration media for outside and return air prior to occupancy that provides at least a MERV of 13 as specified in Section 5.504.5.3. MERV 13 filters shall be installed prior to occupancy, and recommendations for maintenance with filters of the same value shall be included in the operation and maintenance manual per CGC 5.504.5.3
d. Prohibit smoking within 25-feet of building entries, outdoor air intakes and operable windows and in buildings. Post signage to inform building occupants of the prohibitions per CGC 5.504.7.

2. Indoor Moisture Control: Comply with the requirements specified in Section

5.505.

3. Indoor Air Quality: Comply with the requirements specified in Section 5.506.

4. Environmental Comfort: Comply with the requirements specified in Section 5.507.

5. Outdoor Air Quality: Comply with the requirements specified in Section 5.508.

E. Summary:

1. Certain CALGreen Measures needed to comply with code are dependent on material selections, documentation and means and methods of the work. Each item related to CALGreen may not be specifically identified as CALGreen requirements in this Section. Refer to CALGreen Code, CCR Title 24, Part 11 for complete descriptions of measures and submittal requirements.

CALGREEN REQUIREMENTS
. 01 35 15 - 4

2. Designate an onsite field staff person contact for all CALGreen prerequisites and credit documentation, subcontractor supervision and submittal coordination and to manage the Contractor’s portions of the CALGreen submittal process.

3. Documentation for CALGreen Measures shall be submitted in the format required by the CALGreen code.

4. A copy of the CALGreen code, CCR Title 24, Part 11 shall be available on-site at all times.

5. Additional information on CALGreen can be found at http://www.bsc.ca.gov.

PART 2 – PRODUCTS
Not used.

PART 3 – EXECUTION
Not used.

END OF SECTION
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 STUDIO Miers | Chou | Poon Emeryville Old and New City Hall Exterior Painting

BUILDING CLEANING
01 35 91 - 1
SECTION 01 35 91

BUILDING CLEANING
PART 1 - GENERAL

1.01 DESCRIPTION
A. This Section describes the requirements for building cleaning work, including the following:

1. Cleaning exterior plaster surfaces.

1.02 SUBMITTALS
A. Product Data: Manufacturer's technical data for each product specified, including recommendations for application and use. Include test reports and certifications substantiating product compliance with Specifications.

B. Cleaning Program: Written program for each phase of cleaning including protection of surrounding materials and site during work.

1. Describe materials, methods and equipment to be used.

2. If alternative methods and materials are proposed, furnish written description, including documentation of successful use on other comparable Projects.

1.03 QUALITY ASSURANCE
A. Cleaning materials and methods shall be confirmed with Owner’s Representative prior to beginning work.

B. Field Constructed Mock-Up: Prior to start of work, prepare the following panels on building where directed by the Architect. Obtain Architect's approval of visual qualities before proceeding with the work.

1. Cleaning: Demonstrate materials and methods to be used for cleaning each type of building surface on a 10-sq. ft. area.

1.04 DELIVERY, STORAGE AND HANDLING
A. Deliver materials in manufacturer's original and unopened containers and packaging, bearing labels indicating type and names of products and manufacturers.

B. Protect materials during storage and construction from wetting by rain or ground water, and from staining or intermixture with earth and other types of materials.

1.05 PROJECT CONDITIONS
A. Protect persons, motor vehicles, surrounding surfaces, building site, and surrounding buildings from damage resulting from the work.

B. Clean building surfaces when air temperature is at least 40-deg. F. during and for 7-days after completion of cleaning.
including metal panels and window wall on the New
City Hall and stucco on the old City Hall prior to
painting.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 STUDIO Miers | Chou | Poon Emeryville Old and New City Hall Exterior Painting

BUILDING CLEANING
01 35 91 - 2
PART 2 - PRODUCTS

2.01 CLEANING MATERIALS AND EQUIPMENT
A. Water for Cleaning: Clean, potable, free of oils, acids, alkalis, salts, and organic matter.

B. Brushes: Fiber bristles.

C. Chemical Cleaning Materials, if Required: Prosoco “1922 Hard Surface Cleaner”, “Enviro Klean Degreaser” or approved equal.

D. Spray Equipment: Equipment for controlled spray application of water at specified pressures, measured at spray tip.

1. Water: Fan-shaped spray tip which disperses water at an angle of not less than 15-degrees.

2. Heated Water: Equipment capable of maintaining temperature between 140- and 180-deg. F. at flow rates specified.

PART 3 - EXECUTION

3.01 CLEANING EXISTING EXTERIOR BUILDING SURFACES
A. Determine the general nature and source of dirt to remove it in the most effective and least harmful manner.

B. Cleaning methods include water, chemical and mechanical (abrasive). To determine the cleaning method(s) to be used, the following conditions shall be considered:

1. Environmental Concerns: The potential effect of each proposed cleaning method shall be evaluated. The proposed cleaning method and materials may cause damage to landscaping, animal life, and property.

2. Personal Safety.

C. Test Cleaning Methods: Several cleaning methods shall be tested prior to selection to determine the one most effective.

D. Level of Desired Cleanliness: Determine the desired appearance prior to selection of the cleaning method to be used.

E. Perform cleaning tests on an area of sufficient size to give a true indication of effectiveness.

The test area shall include each material required to be cleaned. More than one cleaning method may be required to achieve the required results.

F. Water Cleaning: Cleaning methods include low pressure wash over an extended period, moderate to high pressure wash and steam. Bristle brushes may be used to supplement the water wash. Joints, including mortar and sealant, shall be sound to minimize water penetration. Water methods shall not be used during periods of cold weather and no water cleaning shall be done for several days prior to the first average frost date.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 STUDIO Miers | Chou | Poon Emeryville Old and New City Hall Exterior Painting

BUILDING CLEANING
01 35 91 - 3
G. Chemical Cleaning: Before use, verify that surfaces are not subject to direct attack by cleaning chemicals and that a change in the surface color and appearance doesn’t occur from the chemical cleaners.

H. Mechanical Cleaning: Methods include grit blasters, grinders, and sanding discs to abrade the dirt from the surface. Do not use mechanical cleaning methods on brick, soft stone, detailed carvings, polished surfaces, or mortar joints.

MOCK-UPS
01 43 39 - 1
SECTION 01 43 39

MOCK-UP REQUIREMENTS
PART 1 – GENERAL

1.01 SUMMARY
A. Exterior Mock-ups: Provide exterior mock-ups of painting, plaster repair, cleaning of factory applied painted metal surfaces and window renovation as indicated in the drawings and specifications and as directed by the Architect to permit review of appearance, quality of workmanship, coordination, compatibility, and relationships with adjacent materials. Mock-up is to be constructed out of sequence, as a part of this Contract in order to allow adequate time to review and revise as necessary without delaying the project schedule. The Mock-ups may be incorporated into the final building if practical and approved by the Architect.

1.02 SUBMITTALS
A. Mock-ups shall not be prepared until after acceptance of required submittals for all materials to be incorporated into the mock-ups. This means that the Project schedule shall take into account early submittal of these components to the Architect.

B. Shop Drawings, Product Data and Samples: Prior to construction of mock-ups, provide shop drawings, product data and samples as specified in the respective Specification Sections included as part of the mock-ups.

1.03 QUALITY ASSURANCE
A. Design Concept: Mock-up requirements are intended to establish function, workmanship, finish, and color for conformance with the architectural design intent.

B. Purpose: To establish construction details such as floor slopes and water tightness as well as to verify suitability of colors, finishes and satisfactory integration of building materials and components indicated and required.

C. Performance: Mock-ups shall be constructed for the Architect’s review for compliance with the Contract Documents and shall be used as a standard for the final installation.

D. Make necessary additions and modifications to mock-ups as directed by the Architect.

E. Modify mock-ups, or construct or install new components if requested by the Architect, until final acceptance is obtained.

F. Work of this Section shall serve as the standard for subsequent work of like kind after approval by the Architect. Be prepared, at no additional cost to the Owner, to make as many modifications as required to achieve mock-ups that are acceptable to the Architect and of sufficient quality to serve as the standard for the complete Project.

G. Following acceptance, mock-ups shall serve as a performance standard of quality and appearance of the work it represents, including the interface with adjacent materials and components as applicable.

MOCK-UPS
01 43 39 - 2
H. Coordinate fabrication, delivery, assembly, and installation with related materials to be included in the mock-ups. Construction of the mock-up assemblies shall be under the supervision of the same personnel who will be employed for the subsequent work.

I. Maintain mock-ups in neat, clean condition until final acceptance. Repair damage as required to maintain in condition suitable for review and approval.

J. Scheduling:

1. Construct mock-ups in a timely manner to permit review and modifications such that the work is not delayed.

2. Do not proceed with ordering of components or construction subject to mock-up approval until after approvals have been obtained.

3. Provide the Architect not less than 10 working days notice of the time each component is ready for review.

4. Include line item in the construction schedule for the building section mock-up, showing submittals, construction, review, and approval periods.

PART 2 – PRODUCTS

2.01 MATERIALS
A. As specified in the respective Sections of the Specifications.

2.02 EXTERIOR BUILDING MOCK-UP
A. Provide mock-ups of building areas where directed by the Architect.

B. Purpose: Establish standards for work indicated and specified to be included in mock-up to demonstrate quality of workmanship, materials, colors, and textures required by the Contract Documents. Include windows, sealants, siding, flashing, and other exterior materials.

1. Mock-ups will be used by the Architect to test color and material alternatives and to approve final colors, textures and workmanship. Allow up to 5 variations of painted color mock-ups
C. Design Concept: Construct mock-up making required additions and modifications to details as required.

1. Comply with performance requirements specified in the individual Specification Sections while maintaining basic design concept, member profiles, and alignment of components.

D. Location: Where shown on exterior elevations or as directed by the Architect.

MOCK-UPS
01 43 39 - 3
PART 3 – EXECUTION
Not Used.

QUALITY CONTROL
01 45 00 - 1
SECTION 01 45 00

QUALITY CONTROL
PART 1 - GENERAL

1.01 DEFINITIONS
A. Testing Laboratory: An independent commercial testing organization, retained and paid by the Owner to perform tests and report on work as specified and as required.

1.02 TESTING LABORATORY
A. General: Services of a Testing Laboratory are required for work specified in other Sections.

B. Contractor's Responsibilities:

1. Cooperate with Testing Laboratory personnel.

2. Secure and deliver to the Testing Laboratory adequate quantities of representational samples of materials proposed for use for which testing is required.

3. Furnish copies of product test reports as required.

4. Furnish incidental labor and facilities:
a. To provide access to work to be tested.
b. To obtain and handle samples at the Project site or at the source of the product to be tested.
c. To facilitate inspections and tests.
d. For storage and curing of test samples.

5. Notify the Owner’s Representative sufficiently in advance of operations to allow for Testing Laboratory assignment of personnel and scheduling of tests. a. When tests or inspections cannot be performed after such notice, reimburse the Owner for the Testing Laboratory personnel and travel expenses incurred.

1.03 TEST REPORTS
A. The Testing Laboratory will distribute reports as follows:

1. Architect: One copy.

2. Applicable Consultant: One copy.

3. Owner: One copy.

4. Number of copies for Contractor and supplier will be determined upon commencement of the work.

5. Owner and state agencies as appropriate.

1.04 RETESTING
A. If the Architect has reasonable doubt that materials comply with Specification requirements, additional tests shall be made as directed.

QUALITY CONTROL
01 45 00 - 2

1. If additional tests establish that materials comply with Specification requirements, costs for such tests will be paid by the Owner.

2. If additional tests establish that materials do no comply with Specification requirements, costs for such tests shall be paid by the Contractor.

B. The Contractor is responsible for retesting where results of required inspections, tests or similar services prove unsatisfactory and do not indicated compliance with the Contract Documents.

1. Cost of retesting shall be paid for by the Contractor.

PART 2 - PRODUCTS
Not Used.

PART 3 - EXECUTION
Not Used.

CUTTING AND PATCHING
01 73 29 - 1
SECTION 01 73 29

CUTTING AND PATCHING
PART 1 - GENERAL

1.01 DESCRIPTION
A. This Section describes the requirements for performing cutting and patching.

B. Cutting and patching includes cutting into existing construction to provide for the installation or performance of other work and subsequent fitting and patching required to restore surfaces to their original condition.

1.02 QUALITY ASSURANCE
A. Operational and Safety Limitations: Do not cut and patch operating elements or safety related components in a manner that would result in reducing their capacity to perform as intended, or result in increased maintenance, or decreased operational life or safety.

B. Visual Requirements: Do not cut and patch construction exposed on the exterior or in occupied spaces, in a manner that would, in the Architect's opinion, reduce the building's aesthetic qualities, or result in visual evidence of cutting and patching. Remove and replace work cut and patched in a visually unsatisfactory manner.

C. Preconstruction Conference: Meet with the structural engineer of record on the Project site to review areas indicated to be cut and/or removed prior to commencement of work.

PART 2 - PRODUCTS

2.01 MATERIALS
A. Materials shall be identical to existing materials. If identical materials are not available, use materials that visually match existing adjacent surfaces.

PART 3 - EXECUTION

3.01 INSPECTION
A. Before cutting existing surface, examine surfaces to be cut and patched and conditions under which cutting and patching are to be performed. Take corrective action before proceeding, if unsafe or unsatisfactory conditions are encountered.

3.02 PREPARATION
A. Protection: Protect existing construction during cutting and patching to prevent damage.

Provide protection from adverse weather conditions for portions of the Project that might be exposed during cutting and patching operations.

3.03 PERFORMANCE
A. General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time and complete without delay.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 STUDIO Miers | Chou | Poon Emeryville Old and New City Hall Exterior Painting

CUTTING AND PATCHING
01 73 29 - 2

1. Cut existing construction to provide for installation of other components or performance of other construction activities and the subsequent fitting and patching required to restore surfaces to their original condition.

B. Cutting: Cut existing construction using methods least likely to damage elements to be retained or adjoining construction. Where possible, review proposed procedures with the original installer; comply with the original installer's recommendations.

1. Where cutting is required, use hand or small power tools designed for sawing or grinding, not hammering and chopping. Cut holes and slots neatly to size required with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use.

2. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces.

3. Cut through concrete and masonry using a cutting machine such as a carborundum saw or diamond core drill.

C. Patching: Patch with durable seams that are as invisible as possible.

1. Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will eliminate evidence of patching and refinishing.

2. Where patching occurs in a smooth painted surface, extend final paint coat over entire unbroken surface containing the patch, after the patched areas has received primer and second coat.

3.04 CLEANING
A. Clean areas and spaces where cutting and patching is performed or used as access.

Remove paint, mortar, oils, putty and similar materials.

CLEANING
01 74 00 - 1
SECTION 01 74 00

CLEANING
PART 1 - GENERAL

1.01 DESCRIPTION
A. Perform cleaning and disposal operations during the progress and completion of the work.

B. Cleaning for specific products or work is specified in the individual Specification Sections.

C. Related Sections:

1. Construction waste management.

1.02 REQUIREMENTS OF REGULATORY AGENCIES
A. Comply with applicable regulatory requirements during cleaning and disposal operations.

B. Do not discharge volatile, harmful or dangerous materials into drainage systems. Remove waste materials from the site and dispose of in a lawful manner.

C. Vacuum cleaners shall have high efficiency particulate arrester (HEPA) filters. Provide environmentally benign cleaning materials, which can be found at www.sustainablecleaning.com and www.cleanersolutions.com. Be especially careful during final touch-up and cleaning to ensure that cleaning crews do not deviate from the low or zero VOC content requirement for VOC-containing cleaning products.

PART 2 - PRODUCTS

2.01 CLEANING MATERIALS
A. Use cleaning materials which will not create hazards to health or property or cause damage to products.

B. Use cleaning materials and methods recommended by the manufacturers of the products to be cleaned.

C. Cleaning materials shall be clearly labeled.

PART 3 - EXECUTION

3.01 CLEANING DURING CONSTRUCTION
A. Perform cleaning operations as required to keep the work, site, and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations.

B. Provide on-site containers for the collection of waste materials, debris and rubbish.

C. Remove waste materials, debris and rubbish from the site on a weekly basis or more often as conditions require and dispose of at legal disposal areas away from the site.

D. Retain stored items in an orderly arrangement allowing access. Do not impede traffic or drainage.

3.02 DUST CONTROL
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 Studio Miers|Chou|Poon Architects Emeryville Old and New City Hall Exterior Painting

CLEANING
01 74 00 - 2
A. Cleaning, sanding and other preparation of exterior portions of the building are to be protected so as to prevent dust and debris from falling on surrounding public walkways and thoroughfares. prior to the start of finish painting and the application of other finishes, and continue cleaning as required until such work is completed.

B. Schedule cleaning operations to prevent dust and other contaminants from adhering to wet or newly finished surfaces.

C. Interior cleaning to occur as needed when exterior windows are being worked on. Such cleaning is to coordinated with the Owner and occupants

3.03 FINAL CLEANING
A. Employ experienced workers or professional cleaners for final cleaning. Comply with manufacturer’s instructions.

B. Remove labels that are not permanent.

C. Clean transparent materials, including glass in doors and windows, both interior and exterior.

Remove glazing compound and other substances that are visible vision-obscuring materials.

Replace chipped or broken glass and other damaged transparent materials.

D. Clean exposed exterior and interior hard-surfaced finishes to a dust-free condition, free of stains, films and similar foreign substances. Restore reflective surfaces to their original reflective condition. Vacuum carpeted surfaces. Other flooring surfaces shall be mopped and/or cleaned in accordance with flooring manufacturer’s recommendations.

E. For surfaces requiring routine application of buffed polish, apply the polish recommended by the flooring manufacturer and polish.

F. Clean site, including landscape development areas of rubbish, litter and other foreign substances. Sweep paved areas broom clean; remove stains, spills and other foreign deposits. Rake grounds that are neither paved nor planted to a smooth even textured surface.

G. Remove temporary protection and facilities installed for protection of work during construction.

H. Prior to final completion or Owner’s occupancy, conduct an inspection of sight-exposed interior and exterior surfaces to verify that the entire work is clean and acceptable to the Owner.

WARRANTIES
01 78 36 - 1
SECTION 01 78 36

WARRANTIES
PART 1 – GENERAL

1.01 DESCRIPTION
A. This Section specifies general administrative and procedural requirements for warranties and bonds required by the Contract Documents, including manufacturers’ standard warranties on products and special warranties.

B. Refer to the General conditions for terms of the Contractor's special warranty of workmanship and materials.

C. Specific requirements for warranties for the work and products and installations that are specified to be warranted, are included in the individual Specification Sections.

D. Certifications and other commitments and agreements for continuing services to Owner are specified elsewhere in the Contract Documents.

E. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the Contractor of the warranty on the work that incorporates the products, nor does it relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor.

1.02 DEFINITIONS
A. Standard Product Warranties are pre-printed written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to the Owner.

B. Special Warranties are written warranties required by or incorporated in the Contract Documents, either to extend time limits provided by standard warranties or to provide greater rights for the Owner.

1.03 WARRANTY REQUIREMENTS
A. Related Damages and Losses: When correcting warranted work that has failed, remove and replace other work that has been damaged as a result of such failure or that must be removed and replaced to provide access for correction of warranted work.

B. Reinstatement of Warranty: When work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation.

C. Replacement Cost: Upon determination that work covered by a warranty has failed, replace or rebuild the work to an acceptable condition complying with requirements of Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective work regardless of whether the Owner has benefited from use of the work through a portion of its anticipated useful service life.

WARRANTIES
01 78 36 - 2
D. Owner’s Recourse: Written warranties made to the Owner are in addition to implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under the law, nor shall warranty periods be interpreted as limitations on time in which the Owner can enforce such other duties, obligations, rights, or remedies.

1. Rejection of Warranties: The Owner reserves the right to reject warranties and to limit selections to products with warranties not in conflict with requirements of the Contract Documents.

E. The Owner reserves the right to refuse to accept work for the Project where a special warranty, certification, or similar commitment is required on such work or part of the work, until evidence is presented that entities required to countersign such commitments are willing to do so.

1.04 SUBMITTALS
A. Submit written warranties to the Architect prior to the date certified for Substantial Completion. If the Architect's Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the work, or a designated portion of the work, submit written warranties upon request of the Architect.

1. When a designated portion of the work is completed and occupied or used by the Owner, by separate agreement with the Contractor during the construction period, submit properly executed warranties to the Architect within 15-days of completion of that designated portion of the work.

B. When a special warranty is required to be executed by the Contractor, or the Contractor and a subcontractor, supplier or manufacturer, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner through the Architect for approval prior to final execution.

C. Form of Submittal: At Final Completion compile PDF copies of each required warranty and bond properly executed by the Contractor, or by the Contractor, subcontractor, supplier, or manufacturer. Organize the warranty documents into an orderly sequence based on the table of contents of the Project Manual. Use warranty form in Section 01 78 39.

1. When operating and maintenance manuals are required for warranted construction, provide additional copies of each required warranty, as necessary, for inclusion in each required manual.

PART 2 - PRODUCTS
Not Used.

PART 3 – EXECUTION
Not used.

FORM OF WARRANTY
01 78 39 - 1
SECTION 01 78 39

FORM OF WARRANTY
WARRANTY FOR .

We hereby warrant that the we have provided has been
completed in accordance with the requirements of the Specification Section and the Contract Documents.

We agree to repair or replace our work, together with other adjacent work which may be displaced by so doing, that may prove to be defective in its workmanship or material within a period of from the Date of Acceptance of the above named Project by the Owner; and we also agree to repair damages resulting from such defects, without expense to the Owner, ordinary wear and tear and unusual abuse or neglect excepted.

In the event of our failure to comply with the above mentioned conditions within 15-days after being notified in writing by the Owner, we collectively or separately do hereby authorize the Owner to proceed to have such defective work repaired or replaced and made good at our expense, and we will honor and pay the costs and charges therefor upon demand.

Signed Date
(Subcontractor's name, address, and license number)
Countersigned Date
(Contractor's name, address, and license number,
or manufacturer's name and address)
[OR]
Signed Date
(Contractor's name, address, and license number)

PLASTER REPAIR
09 24 13 - 1
SECTION 09 24 13

PLASTER REPAIR
PART 1 - GENERAL

1.01 DESCRIPTION
A. Patching of existing exterior cracked, spalled or other damaged plaster surfaces.

1.02 SUBMITTALS
A. Manufacturer’s Data: Submit manufacturer’s specifications and installation instructions for each material. Include other data as may be required to show compliance with the Specifications.

B. Qualification data for firms and persons specified in the Quality Assurance article to demonstrate their capabilities and experience. Include a list of completed projects with project name, address, names of Architects and Owners, and other specified information.

C. Samples: Submit prior to preparation of field sample, samples of the following:

1. Each accessory, 8-inch x 8-inch, or 12-inches long as applicable.

1.03 QUALITY ASSURANCE
A. Installer Qualifications: Work shall be performed by skilled subcontractors having not less than 5 years’ experience in comparable plaster restoration including work on at least two projects similar in scope and scale to this Project. Submit references with the name of contact person and telephone number for the two submitted similar projects.

1. Only skilled plasterers who are familiar and experienced with the specified methods are to be used for the work.

2. One skilled plasterer shall be present during execution of the work and shall personally direct the work.

B. Allowable Tolerances: All plaster repairs shall be keyed and feathered to match and continue edges and contours of existing plaster work. Repairs shall be true and flat in connection with adjacent surfaces when checked with an 8-foot straight edge; do not exceed 1/8-inch variation in 8-feet for bow, warp, plumb, or level for flat and curved surfaces.

C. Field Mock-Up:

1. Prior to beginning work and after manufacturer’s data and initial samples have been approved, prepare a mock-up field sample where indicated or directed by the Architect for each type of plaster installation and repair.

2. The approved mock-up will represent acceptable technique and appearance for each type of plaster work.

D. Defects:

1. Plastering with defects of such character as will mar the appearance of finished work, or which is otherwise defective, shall be rejected, removed and replaced at the Contractor’s expense.

2. Any defects or irregularities of plaster restoration work telegraphing through paint shall be cause for rejection of the work. The contractor shall remove any subsequent work, remove and replace the defective or irregular plaster restoration work, and have the subsequent work replaced by skilled workers in the appropriate trades, to the satisfaction of the Architect at the Contractor’s expense.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 STUDIO Miers | Chou | Poon Emeryville Old and New City Hall Exterior Painting

PLASTER REPAIR
09 24 13 - 2

1.04 PRODUCT DELIVERY, STORAGE, AND HANDLING
A. Deliver materials in original packages, containers, or bundles bearing brand name, identification of manufacturer, type and grade.

B. Store materials inside, under cover, and in manner to keep them dry, protected from weather, direct sunlight, surface contamination, aging, corrosion, and damage from construction traffic and other causes.

C. Protect plaster and cementitious material from dampness and intrusion of foreign material.

1.05 PROJECT CONDITIONS
A. Examine surfaces which are to receive plaster repairs. Notify the Architect in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed with the plaster work until unsatisfactory conditions have been corrected.

B. Protect contiguous work from rusting or soiling because of plastering operations. Make provisions to minimize spattering of plaster on other work.

PART 2 – PRODUCTS

2.01 PLASTER MATERIALS
A. Portland Cement Plaster Materials: As required to match existing.

2.02 MISCELLANEOUS MATERIALS
A. Bonding Agent: Liquid bonding agent specifically formulated for bonding plaster to plaster and structurally sound interior surfaces and complying with ASTM C631.

2.03 MIXING
A. Mechanically mix cementitious and aggregate materials for plasters to comply with applicable referenced application standard and with recommendations of plaster manufacturer.

B. Use materials without admixture of materials other than those specified. No re-tempering or retarding of partially set plaster mixes will be permitted, trade custom or local practices notwithstanding.

C. Mix plaster in a batch type mixer at the construction site. Caked or lumpy material shall not be used. Clean mixer of all set or hardened material before materials for a new batch are loaded.

D. Mix each batch of plaster separately. Thoroughly mix to obtain uniformity of color and workable consistency of mass and only in such quantities as will be used before it has started to set.

E. Batches for base coats shall not exceed an amount that can be entirely used within two hours. Batches for finish coats shall not exceed an amount that can be entirely used within 30-minutes.

PART 3 – EXECUTION

3.01 INSPECTION
A. Examine all surfaces to which the work is to be applied and notify the Architect of existing conditions that are detrimental to proper installation of work. Commencement of work of this Section shall be construed as acceptance of surfaces and conditions as suitable.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 STUDIO Miers | Chou | Poon Emeryville Old and New City Hall Exterior Painting

PLASTER REPAIR
09 24 13 - 3
B. Carefully examine grounds and accessories which shall be straight, plumb, level, square, and true to required angles, ready to accept plaster application.

3.02 PREPARATION
A. Prepare surfaces to receive new plaster by cleaning and removing loose material and other deleterious substances which might impair the work. Installation of plaster shall constitute acceptance of the surfaces by the plasterer, who shall correct imperfections in plaster resulting from improper preparation of substrate.

B. Apply bond coat to existing plaster surface receiving new plaster, in compliance with bond coat manufacturer’s specifications. Apply scratch coat directly over the bonding compound.

3.03 PLASTER APPLICATION
A. Do not use materials which are caked or lumpy or which are dirty or contaminated by foreign materials. Use only clean water, free from impurities which might impair the plaster work.

B. Minimum Thickness: Apply plaster with required thicknesses when measured from face of plaster base to face of unfinished plaster surface, as established ANSI standards for the types of bases occurring in the work, unless otherwise indicated or required for fireresistance ratings.

C. Execute work to provide a finish free from depressions, bulges, slick spots, scratches, brush and tool marks, cracks, visible joints, crazing, and discolorations. Surfaces shall have true planes, with uniform texture to match the adjoining surfaces and with lines and arrises that are straight, plumb and level. Work shall be true to grounds and guidelines and free from blemishes and defects of any sort.

D. Exposed-to-View Applications:

1. Finish Plaster: Apply finish coat to a minimum 1/8-inch thickness.

2. Finish shall match adjacent plaster finishes.

3.04 PATCHING AND REPAIRS TO EXISTING PLASTER
A. Preparation: Scrape and sand existing plaster surfaces to be repaired, removing all loose and peeling paint.

B. Removals: Carefully remove all existing plaster that is loose, friable, bubbled, crumbling or otherwise deteriorated or unsuitable to remain. Make clean, sharp edges beveled inward to insure firm bond of new plaster.

C. Cracks Less than 1/6-inch Wide: To pre-wetted surface, apply a thin slurry coat consisting of finish coat ingredients. Smooth and match texture of adjacent surface.

D. Cracks 1/6-inch to ¼-inch Wide: Widen crack slightly, then fill with approved plaster mix.

Work the coat to match texture of adjacent surfaces.

E. Small Holes (less than 4-inch in diameter): Use 2 coat system, consisting of one layer of basecoat, allowed to set, but not dry, followed by one layer of finish coat troweled to a smooth, level surface. Finish coat shall match existing adjacent surface.

F. Large Cracks (greater than ¼-inch): and Large Holes (greater than 4-inch diameter):

Remove unsound or un-keyed plaster to sound plaster on either side of crack or hole. Apply metal lath to cleared area if existing substrate includes lath. Apply approved bonding agent to substrate. Apply plaster base and finish flush with adjacent surfaces. Finish coat shall match existing adjacent surface.

G. Paint as specified in Section 09 91 00.

3.05 FIELD QUALITY CONTROL
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 STUDIO Miers | Chou | Poon Emeryville Old and New City Hall Exterior Painting

PLASTER REPAIR
09 24 13 - 4
A. The Contractor shall be responsible for determining the most effective procedure for curing and time lapse between application of coats, based on climatic and job conditions. Plaster which is excessively cracked or crazed due to improper timing and curing, will not be accepted. Remove and replace defective plaster, including plaster base materials, if damaged during removal of defective plaster.

3.06 ADJUST AND CLEAN
A. Cutting and Patching: Cut, patch, repair and point up plaster as directed by the Architect.

Repair cracks and indented surfaces by moistening plaster and filling with new material, troweled or tamped flush with adjoining surfaces. Point up finish plaster surfaces around items which are built into or penetrate plaster surfaces.

B. Cleanup: Promptly remove plaster from door frames, windows and other surfaces which are not to be plastered. When plastering work is completed, remove unused materials, containers and equipment.

PAINTING
09 91 00 - 1
SECTION 09 91 00

PAINTING
PART 1 - GENERAL

1.01 DESCRIPTION
A. This Section describes the requirements for painting and finishing of interior and exterior exposed items and surfaces on both the old and new City Hall Buildings as indicated and specified.

1. The scope of painting work shall be verified during the mandatory pre-bid walkthrough.

2. Work includes painting exterior steel decking overhangs and trusses, miscellaneous round columns, fascia, sunshade assemblies, steel beams and girders, steel handrails, metal panels, metal doors, trim, and casing, metal fencing assembly, and stucco soffits and vents at the New City Hall.

3. Work includes painting cleaned and repaired stucco walls, eaves, cornices, gutters, conduit, columns, new and repaired interior and exterior surfaces of wood windows, and existing wood painted doors, side lites, trim, and casings at the Old City Hall.

4. Surface preparation, priming and coats of paint specified are in addition to shop-priming and surface treatments specified in other Sections.

5. "Paint" means coating systems materials, including primers, emulsions, enamels, stains, sealers and fillers, and other applied materials whether used as prime, intermediate or finish coats.

B. Related Sections:

1. Building cleaning is specified in Section 01 35 91.

2. Wood windows are specified in Section 08 52 00.

3. Wood window repair is specified in Section 08 52 91.

4. Plaster repair is specified in Section 09 24 13.

1.02 SUBMITTALS
A. Certification: Furnish certification by the paint manufacturer that products supplied comply with local regulations controlling the use of volatile organic compounds (VOCs).

B. Samples: Furnish samples of each color and material to be applied, with texture to simulate actual conditions, on representative samples of the actual substrate.

1. Provide stepped samples, defining each separate coat, including block fillers and primers. Use representative colors when preparing samples for review. Resubmit until the required sheen, color, and texture is achieved.

C. Product Data: Specified paint systems are those of Benjamin Moore, Dunn Edwards, Sherwin Williams, and Vista. If other paint manufacturers are proposed and accepted by the Architect, furnish product comparison charts showing that proposed paint systems are equal to the specified materials in number of coats, type of paint, and sheen.

1.03 QUALITY ASSURANCE
A. Applicators Qualifications: Engage an experienced applicator who has completed painting system applications similar in material and extent.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 STUDIO Miers | Chou | Poon Emeryville Old and New City Hall Exterior Painting

PAINTING
09 91 00 - 2
B. Single Source Responsibility: Provide primers and other undercoat paint produced by the same manufacturer as finish coats. Use thinners approved by paint manufacturer and use within recommended limits.

C. Coordination of Work: Review other Sections in which prime paints are to be provided to ensure compatibility of coatings system for various substrates. Upon request, furnish information or characteristics of finish materials to be used.

D. Requirements of Regulatory Agencies: Comply with applicable rules and regulations of governing agencies for air quality control.

1. Comply with the more restrictive requirements of CalGreen Table 4.504.3 for residential projects or Table 5.504.4.3 for non-residential projects, or Section Bay Area Air Quality Management District (BAAQMD) Regulation 8, Rule 3 regarding the quantity of volatile organic compounds (VOC) in Architectural Coatings.

2. Regulatory changes may affect the formulation, availability, or use of specified coatings. Confirm availability of coatings to be used prior to start of painting.

E. Field Samples: On exterior plaster wall surfaces provide full-coat finish samples on surfaces where indicated on the Drawings until required sheen, color and texture is obtained.

Approved samples will be used as a standard for the Project.

1.04 PRODUCT DELIVERY, STORAGE, AND HANDLING
A. Deliver materials to the Project site in original, new and unopened packages and containers bearing manufacturer's name, batch number, color, and directions.

B. Store materials in tightly covered containers. Maintain containers in a clean condition, free of foreign materials and residue.

C. Keep the storage area neat and orderly. Remove oily rags and waste daily. Ensure that workers and work areas are adequately protected from fire hazards and health hazards resulting from handling, mixing and application of paints.

1.05 JOB CONDITIONS
A. Apply water-base paints when temperature of surfaces to be painted and surrounding air temperatures are between 50-deg. F. and 90-deg. F., unless otherwise permitted by paint manufacturer's printed instructions.

B. Apply solvent-thinned paints only when temperature of surfaces to be painted and surrounding air temperatures are between 45-deg. F. and 90-deg. F., unless otherwise permitted by paint manufacturer's printed instructions.

C. Do not apply paint in rain, fog or mist, when relative humidity exceeds 85-percent, or when temperature is less than 5-deg. F. above dew point, or to damp or wet surfaces, unless otherwise permitted by paint manufacturer's printed instructions.

D. Provide adequate ventilation during interior painting using as close to 100-percent outside air as possible.

1.06 EXTRA MATERIALS
A. In addition to materials for completion of the work, furnish 5-gallons of additional materials for each type and color of opaque paint used.

B. Furnish extra materials from same production lots or color runs used in the work. Furnish in containers factory sealed and labeled. Identify each container with Project name and type of material.

C. Deliver materials and an inventory list just prior to Substantial Completion and store where directed by Owner.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 STUDIO Miers | Chou | Poon Emeryville Old and New City Hall Exterior Painting

PAINTING
09 91 00 - 3
PART 2 - PRODUCTS

2.01 APPROVED MANUFACTURERS
A. Benjamin Moore, Dunn Edwards, Sherwin Williams, Vista or approved equal.

2.02 MATERIALS
A. Material Compatibility: Provide block fillers, primers, finish coat materials, and related materials that are compatible with one another and the substrates indicated under conditions of service and application.

B. Material Quality: Provide the best quality grade of coatings as regularly manufactured by acceptable paint materials manufacturers. Materials not displaying manufacturer's identification as a standard, best-grade product will not be acceptable. Each product within any one paint system shall be from the same manufacturer.

2.03 COLORS
A. Colors are indicated on the Drawings and shall match approved color chips.

PART 3 - EXECUTION

3.01 EXAMINATION
A. Examine substrates and conditions under which painting is to be applied. The surfaces receiving paint shall be thoroughly dry before paint is applied.

1. Provide barrier coats over incompatible primers or remove and re-prime as required.

Notify Architect prior to applying barrier coats.

2. Clean surfaces before applying paint or surface treatments. Remove oil and grease prior to mechanical cleaning.

3. Start of painting will be construed as the applicator's acceptance of surfaces and conditions within a particular area.

3.02 PROTECTION
A. Protection: Protect work of other Sections against damage by painting and finishing work.

Correct damage by cleaning, repairing or replacing, and repainting, as acceptable to Architect.

1. Provide "Wet Paint" signs as required to protect newly painted finishes. Remove temporary protective wrappings provided by others for protection of their work, after completion of painting operations.

2. Remove or protect hardware, hardware accessories, machined surfaces, plates, lighting fixtures, and similar items in place and not to be finish-painted or provide surface-applied protection prior to surface preparation and painting. Following completion of painting, reinstall removed items.

3. At completion of work of other Sections, touch-up and restore damaged or defaced painted surfaces.

3.03 SURFACE PREPARATION
A. Plaster:

1. Clean surfaces free from grit, loose plaster and surface irregularities.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 STUDIO Miers | Chou | Poon Emeryville Old and New City Hall Exterior Painting

PAINTING
09 91 00 - 4

2. Determine alkalinity and moisture content by performing appropriate tests. Do not paint over surfaces where moisture content exceeds that permitted in manufacturer's literature or where pH exceeds 10.

B. Wood: Clean surfaces of dirt, oil, and other foreign substances with scrapers, mineral spirits, and sandpaper, as required. Sand surfaces exposed to view smooth and dust off.

1. Scrape and clean small, dry, seasoned knots, and apply a thin coat of white shellac or other recommended knot sealer before applying primer. After priming, fill holes and imperfections in finish surfaces with putty or plastic wood filler. Sand smooth when dry.

2. Before finishing, all exposed portions of woodwork shall have handling marks or effects of exposure to moisture removed with a thorough final sanding over all surfaces of the exposed portions, using appropriate grit sandpaper, and shall be cleaned before applying sealer or finish.

C. Existing Surfaces to be Repainted: Thoroughly clean and de-gloss surfaces to be repainted by sanding or other means prior to painting. Patched and bare areas shall be shop-primed with the same primer specified for new work. Cleaning of existing exterior building surfaces is specified in Section 01 35 91.

3.04 MATERIALS PREPARATION
A. Mix and prepare painting materials in accordance with manufacturer's directions.

B. Maintain containers used in mixing and application of paint in a clean condition, free of foreign materials and residue.

C. Stir materials before application to produce a mixture of uniform density and stir as required during application. Do not stir surface film into material. Remove film and strain material before using.

D. Use thinners approved by the paint manufacturer and only within recommended limits.

E. Tinting: Tint each undercoat a lighter shade to facilitate identification of each coat where multiple coats of the same material are applied. Tint undercoats to match the color of the finish coat but provide sufficient differences in shade of undercoats to distinguish each separate coat.

3.05 APPLICATION
A. General: Apply paint in accordance with manufacturer's directions. Use applicators and techniques best suited for substrate and type of material being applied.

1. Provide finish coats compatible with prime coats.

2. The number of coats required is the same regardless of the application method. Do not apply following coats until the previous coat has cured as recommended by the manufacturer. Sand between applications where required to produce a smooth even surface.

3. Apply additional coats when undercoats, stains or other conditions show through final coat, until paint film is of uniform finish, color and appearance. Edges, corners, crevices, welds, and exposed fasteners shall receive a dry film thickness equivalent to that of flat surfaces.

B. Scheduling Painting: Apply first-coat material to surfaces that have been cleaned, pretreated or otherwise prepared for painting as soon as practicable after preparation.

1. Allow sufficient time between successive coatings to permit proper drying.

DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 STUDIO Miers | Chou | Poon Emeryville Old and New City Hall Exterior Painting

PAINTING
09 91 00 - 5
C. Application Procedures: Apply paints and coatings by brush, roller, spray, or other applicators according to manufacturer's instructions.

1. Brushes: Use brushes best suited for the material applied.

2. Rollers: Use rollers of carpet, velvet back, or high-pile sheep's wool as recommended by the manufacturer for the material and texture required.

3. Spray Equipment: Use airless spray equipment with orifice size as recommended by the manufacturer for the material and texture required.

D. Minimum Coating Thickness: Apply materials at not less than manufacturer's recommended spreading rate.

E. Prime Coats: Before applying finish coats, apply a prime coat. Re-coat primed and sealed surfaces where there is evidence of suction spots or unsealed areas to assure a finish coat with no burn-through or other defects.

F. Pigmented (Opaque) Finishes: Completely cover to provide an opaque, smooth surface of uniform finish, color, appearance and coverage. Cloudiness, spotting, holidays, laps, brush marks, runs, sags, ropiness and other surface imperfections will not be acceptable.

G. Completed Work: Match approved samples for color, texture and coverage. Remove, refinish or repaint work not in compliance with specified requirements.

3.06 CLEANING
A. Clean-Up: During progress of work, remove discarded paint materials, rubbish, cans and rags at end of each workday.

B. Upon completion of painting work, clean window glass and other paint-spattered surfaces.

Remove spattered paint by washing and scraping; do not scratch or damage finished surfaces.

3.07 EXTERIOR PAINT SCHEDULE

BENJAMIN
MOORE
DUNNEDWARDSSHERWIN

WILLIAMS VISTA MPI CATEGORY
A. Existing Metal, 100% Acrylic Semigloss
First Coat Ultra Spec
UP04
BRPR00
Series BlocRust
ProCryl B66-
310 Acrylic
Primer
9600 Protec
Metal Primer 107
Second
Coat
Ultra Spec
449
SSHL50
Spartashield
SG
A-76 Solo
Semigloss
7000 Acriglo
Semi Gloss 11
Third Coat Ultra Spec
449
SSHL50
Spartashield
SG
A-76 Solo
Semigloss
7000 Acriglo
Semi Gloss 11
B. Existing Plaster, 100% Acrylic Flat
First Coat
Fresh Start
Acrylic
Primer N023
ESPR00 EffStop
Premium
Primer
A24W300
Loxon Primer
4600
Uniprime II 3
Second and
Third Coats
Ultra Spec
N447
ACHS10
Acri-Hues
Flat
A-100 A6
Flat
2200
Coverall Flat 10
C. New and Existing Wood Doors and Windows, 100% Acrylic Semigloss First Coat
Fresh Start
Acrylic
Primer N023
EZPR00 EZPrime
Premium
B42W81
Exterior
Latex Primer
4200
Terminator II 6
Second and
Third Coats
Ultra Spec
449
SSHL50
Spartashield
SG
A-100 A8
Semigloss
7000 Acriglo
Semi Gloss 11

3.08 INTERIOR PAINT SCHEDULE
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 STUDIO Miers | Chou | Poon Emeryville Old and New City Hall Exterior Painting

PAINTING
09 91 00 - 6

BENJAMIN
MOORE
DUNNEDWARDSSHERWIN

WILLIAMS VISTA MPI CATEGORY
A. New and Existing Wood Doors and Windows, 100% Acrylic Low Odor/Zero VOC Semigloss First Coat Fresh Start
0217
UGSL00
Ultra-Grip
Select
ProMar 200
Zero B28-
200 Primer
5001 V-Pro
Primer 46
Second and
Third Coats
Ultra Spec
N539
SZRO50
Spartawall
Semi-Gloss
ProMar 200
Zero B31-
2600 SemiGloss
5400 V-Pro
Semi Gloss -

END OF SECTION
DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 COVER SHEET A0.01 CLIENT: CITY OF EMERYVILLE 1333 PARK AVENUE. EMERYVILLE, CA 94608 PHONE: 510-596-4300 MOHAMED ALAOUI, PUBLIC WORKS DIRECTOR PHONE: 510-596-4330 [email protected] DANIEL GONZALES, OPERATIONS & FACILITIES MGR. PHONE: 510-596-4344 [email protected] CHARLES BRYANT , PLANNING & BUILDING DIRECTOR PHONE: 510-596-4361 [email protected] VICTOR R. GONZALEZ - CHIEF BUILDING OFFICIAL PHONE: 510-596-4310 [email protected] ARCHITECT: STUDIO MCP 5845 DOYLE STREET, STE. 104 EMERYVILLE, CA 94608 PRINCIPAL: GEORGE MIERS, AIA [email protected] PROJECT MANAGER: STEPHEN POON [email protected] CITY OF EMERYVILLE OLD CITY HALL AND NEW CITY HALL EXTERIOR PAINTING EMERYVILLE CITY HALL REFERENCE SYMBOLS “ ” “ ” “ ” “ ” ’ – “ ” “ ” “ ” “ ” “ ” “ ” PROJECT DATA 1333 PARK AVENUE - EMERYVILLE, CA 94608DRAWING SYMBOLS ARCHITECTURAL A0.01 COVER SHEET A2.01 EXISTING FLOOR PLAN - OLD CITY HALL / (E) DOOR SCHEDULE A3.01 EXTERIOR ELEVATIONS - OLD CITY HALL A3.02 PAINTING CHART - OLD CITY HALL A3.03 EXTERIOR ELEVATION VIEWS - NEW CITY HALL A3.04 EXTERIOR ELEVATION VIEWS - NEW CITY HALL A9.01 WINDOW SCHEDULE - OLD CITY HALL - FOR REFERENCE ONLY. EXISTING WINDOW REPLACEMENT IS BEING HANDLED UNDER SEPARATE CONTRACT DRAWING INDEX VICINITY MAP PROJECT TEAM CITY OF EMERYVILLE OLD CITY HALL AND NEW CITY HALL EXTERIOR PAINTING STUDIO MIERS | CHOU | POON 5845 DOYLE STREET SUITE 106 EMERYVILLE, CA 94608 TEL. 510.285.6003 WWW.STUDIO-MCP.COM City of Emeryville I N C O R P O R A T E D 1 8 9 6 L I CENSED ARCH I TECTSTA T E OF CA L I FORN I AG E O R G E M I E R SR E N . 8 - 3 1 - 2 0 2 5No. C10467 Exhibit A4 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EXISTING FLOOR PLAN - OLD CITY HALL / (E) DOOR SCHEDULE A2.01 1 GARDEN LEVEL FLOOR PLAN 2 1ST FLOOR PLAN 3 2ND FLOOR PLAN EXISTING DOOR SCHEDULE GENERAL EXISTING DOOR SCHEDULE NOTES CITY OF EMERYVILLE OLD CITY HALL AND NEW CITY HALL EXTERIOR PAINTING STUDIO MIERS | CHOU | POON 5845 DOYLE STREET SUITE 106 EMERYVILLE, CA 94608 TEL. 510.285.6003 WWW.STUDIO-MCP.COM City of Emeryville I N C O R P O R A T E D 1 8 9 6 L I CENSED ARCH I TECTSTA T E OF CA L I FORN I AG E O R G E M I E R SR E N . 8 - 3 1 - 2 0 2 5No. C10467 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 1 NORTH ELEVATION 2 WEST ELEVATION 3 SOUTH ELEVATION 4 EAST ELEVATION EXTERIOR ELEVATIONS - OLD CITY HALL A3.01 KEYNOTE LEGEND GENERAL NOTES CITY OF EMERYVILLE OLD CITY HALL AND NEW CITY HALL EXTERIOR PAINTING STUDIO MIERS | CHOU | POON 5845 DOYLE STREET SUITE 106 EMERYVILLE, CA 94608 TEL. 510.285.6003 WWW.STUDIO-MCP.COM City of Emeryville I N C O R P O R A T E D 1 8 9 6 L I CENSED ARCH I TECTSTA T E OF CA L I FORN I AG E O R G E M I E R SR E N . 8 - 3 1 - 2 0 2 5No. C10467 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 1 NORTH ELEVATION PAINTING CHART - OLD CITY HALL A3.02 2 WEST ELEVATION 3 SOUTH ELEVATION 4 EAST ELEVATION PAINT CHART 5 NORTH ELEVATION ENTRY CITY OF EMERYVILLE OLD CITY HALL AND NEW CITY HALL EXTERIOR PAINTING STUDIO MIERS | CHOU | POON 5845 DOYLE STREET SUITE 106 EMERYVILLE, CA 94608 TEL. 510.285.6003 WWW.STUDIO-MCP.COM City of Emeryville I N C O R P O R A T E D 1 8 9 6 L I CENSED ARCH I TECTSTA T E OF CA L I FORN I AG E O R G E M I E R SR E N . 8 - 3 1 - 2 0 2 5No. C10467 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 2 EAST/NORTH ELEVATION 3 NORTH ELEVATION 4 NORTH ELEVATION 4 EXTERIOR ELEVATION VIEWS - NEW CITY HALL A3.03 KEYNOTE LEGEND 1 EAST ELEVATION KEYMAP PARK AVE.

HOLLIS ST.

HAVEN ST. 3 12 GENERAL NOTES CITY OF EMERYVILLE OLD CITY HALL AND NEW CITY HALL EXTERIOR PAINTING STUDIO MIERS | CHOU | POON 5845 DOYLE STREET SUITE 106 EMERYVILLE, CA 94608 TEL. 510.285.6003 WWW.STUDIO-MCP.COM City of Emeryville I N C O R P O R A T E D 1 8 9 6 L I CENSED ARCH I TECTSTA T E OF CA L I FORN I AG E O R G E M I E R SR E N . 8 - 3 1 - 2 0 2 5No. C10467 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 EXTERIOR ELEVATION VIEWS - NEW CITY HALL A3.04 KEYNOTE LEGEND 1 SOUTH ELEVATION KEYMAP PARK AVE.

HOLLIS ST.

HAVEN ST. 2 SOUTH/EAST ELEVATION 3 SOUTH ELEVATION 4 SOUTH ELEVATION 3 2 4 1 GENERAL NOTES CITY OF EMERYVILLE OLD CITY HALL AND NEW CITY HALL EXTERIOR PAINTING STUDIO MIERS | CHOU | POON 5845 DOYLE STREET SUITE 106 EMERYVILLE, CA 94608 TEL. 510.285.6003 WWW.STUDIO-MCP.COM City of Emeryville I N C O R P O R A T E D 1 8 9 6 L I CENSED ARCH I TECTSTA T E OF CA L I FORN I AG E O R G E M I E R SR E N . 8 - 3 1 - 2 0 2 5No. C10467 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 WINDOW SCHEDULE - OLD CITY HALL A9.01 WINDOW SCHEDULE - OLD CITY HALL WINDOW CONDITION TYPE LEGEND GENERAL NOTES CONDITION 'A' CONDITION 'B' CONDITION 'C' WINDOW SCHEDULE FOOTNOTES: WINDOW SCHEDULE ABBREVIATIONS CONDITION 'D' CONDITION 'E' WINDOW SCHEDULE GLASS TYPES CITY OF EMERYVILLE OLD CITY HALL AND NEW CITY HALL EXTERIOR PAINTING STUDIO MIERS | CHOU | POON 5845 DOYLE STREET SUITE 106 EMERYVILLE, CA 94608 TEL. 510.285.6003 WWW.STUDIO-MCP.COM City of Emeryville I N C O R P O R A T E D 1 8 9 6 L I CENSED ARCH I TECTSTA T E OF CA L I FORN I AG E O R G E M I E R SR E N . 8 - 3 1 - 2 0 2 5No. C10467 FOR REFERENCE ONLY EXISTING WINDOW REPLACEMENT IS BEING HANDLED UNDER SEPARATE CONTRACT DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 Exhibit
A
5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5

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
As used in this Exhibit B, Contractor refers to FRESH START PAINTING CO.

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, the atmosphere, watercourse or body of water, including groundwater. This shall DocuSign Envelope ID: 3C3717D7-E0A3-43C5-BBBF-ABEE10714E03 Docusign Envelope ID: D635B19B-117C-47E1-9C07-81C2AD2C98F5 City of Emeryville | Contract Insurance Requirements (Exhibit B) REV 08/2020

Page 2 of 5 ends

Emeryville City CouncilJuly 16, 2024

Emeryville City Council
July 16, 2024