Richmond City Council
April 16, 2024

April 16, 2024

Library and Community Services

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

LaShonda White, Deputy City Manager - Community
Services
Ranjana Maharaj, Deputy Director of Community
Services-Recreation
Stephanie Ny, Associate Administrative Analyst
Subject: Resolution to Accept and Appropriate the Local Government: Connecting Neighbors to Neighbors Grant
from the State of California, Governor’s Office of
Planning and Research
FINANCIAL IMPACT: These actions do not create any direct cost or liability to the City’s General Fund. The actions contemplated here
would generate a one-time grant that does not have to be repaid. These funds would be administered by the
Community Services Department, Recreation Division in
accordance with the grant agreement.

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

City staff is requesting City Council to adopt a resolution to accept and appropriate grant funds in the amount of
$750,000 from the State of California, Governor’s Office of Planning and Research to support neighborhood
engagement.

RECOMMENDED ACTION:

ADOPT a resolution to ACCEPT and APPROPRIATE
grant funds in the amount of $750,000 from the State of California, Governor’s Office of Planning and Research to support neighborhood engagement – Community
Services Department (LaShonda White 510-620-
6828/Stephanie Ny 510-620-6563).

AGENDA
REPORT
223

April 16, 2024

DISCUSSION:

The Community Services Department, Recreation Division (“Recreation”) has been awarded the Local Government: Connecting Neighbors to Neighbors grant in the amount of $750,000 from State of California, Governor’s Office of Planning and Research to support neighborhood engagement. The City of Richmond is one of nine agencies selected through a statewide competitive process.

The Neighbor-to-Neighbor program seeks to build on evidence-based practices to create strong networks in and across neighborhoods that support one another as well as jointly tackle shared community challenges. Through January 2026, twenty neighborhoods will be engaged in neighborhood surveys and workshops to determine priorities within the grant scope, followed by neighborhood events that align with these priorities. Through the grant, eligible events include:

 Community engagement events, such as a large-scale public workshop or back- to-school fair, that are focused on neighborhood support and recognition.  Climate action or disaster preparedness activities, such as tree planting or home gardening.
 Local volunteer opportunities, such as community garden work, food distribution, or a neighborhood clean-up that leverages parks and community facilities.  Training opportunities addressing environmental or resiliency issues specific to the neighborhood, such as earthquake preparedness, wildfire response, and first aid/CPR.

Recreation is requesting City Council adopt the resolution to accept and appropriate grant funds in the amount of $750,000.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Grant Award Notice
224
Reso. No. XX-24

RESOLUTION NO. XX-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, ACCEPTING AND APPROPRIATING THE STATE OF CALIFORNIA, GOVERNOR’S OFFICE OF PLANNING AND RESEARCH LOCAL GOVERNMENT:

CONNECTING NEIGHBORS TO NEIGHBORS GRANT PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED $750,000 FOR THE NEIGHBOR-TO-NEIGHBOR

PROGRAM

WHEREAS, the State of California, Governor’s Office of Planning and Research (“State”) requested applications (“RFA”) on December 22, 2023 for the Local Government:

Connecting Neighbors to Neighbors Grant to create strong networks in and across neighborhoods; and

WHEREAS, the City of Richmond, as a municipal corporation and a charter city, applied for and was awarded the Local Government: Connecting Neighbors to Neighbors Grant for the Neighbor-to-Neighbor program; and

WHEREAS, the City of Richmond has received and accepted the Agenda Report regarding this Resolution.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond finds the above recitals accurate and have served together with the Agenda Report as the basis for the findings and approvals set forth in this Resolution; and

BE IT FURTHER RESOLVED that the City of Richmond hereby agrees to use the Local Government: Connecting Neighbors to Neighbors funds for eligible activities in the manner presented in the application as approved by the State and in accordance with Program Regulations.

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager or their designee to execute in the name of the City of Richmond, the Grant Agreement, and all other documents required by the State for participation in the Local Government: Connecting Neighbors to Neighbors Grant Program, and any amendments thereto and accept and appropriate the grant funds.

**********************

225
Reso. No. XX-24

***THE CITY CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW***

I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held __________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTION:

____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

__________________
Mayor

Approved as to form:

_________________
City Attorney

226

Gavin Newsom
Governor

S T A T E OF C A L I F O R N I A
Governor’s Office of Planning and Research

Samuel Assefa
Director

PLEASE DO NOT REMOVE THIS NOTICE

FROM THIS BOARD

Friday, March 01, 2024

NOTICE OF RECOMMENDED AWARDS

Request for Application #CV23-114

Local Government: Connecting Neighbors to Neighbors

The Office of Planning and Research plans to award an agreement to:

AWARDEES
City of Bell Gardens
City of Nevada
City & County of San Francisco
City of Long Beach
City of Riverside
Paradise District
City of San Jose
City of Richmond
Kern County

This notice shall remain posted from
Friday, March 01, 2024 through Friday, March 08, 2024

**This Notice is also posted both in the OPR lobby area for public display as well as the online solicitation in the California Volunteers Grants & Funding website page**

Paul Wong, Accounting & Procurement Specialist
[email protected]
1400 TENTH STREET SACRAMENTO, CALIFORNIA 95814
TEL 1-916-323-7646 www.opr.ca.gov www.californiavolunteers.ca.gov 227

April 16, 2024

Mayor's Office

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Mayor Eduardo Martinez

Subject:

Abhijeet Babu Prasad Youth Council Appointment
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Abhijeet Babu Prasad is applying for a vacant seat on the Richmond Youth Council.

RECOMMENDED ACTION:

APPOINT Abhijeet Babu Prasad to the Youth Council,
with a term expiring on October 1, 2024 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

DISCUSSION:

Abhijeet Babu Prasad has served as a student leader as President of Summitt Tamalpais Freshman Class, President of Olinda Elementary 4th Grade, and as a Tutor.

Abhijeet has also shown leadership by being an inclusive person that believes diversity is a strength and everyone’s opinion adds value.

DOCUMENTS ATTACHED:

Attachment 1 – Abhijeet Babu Prasad application
AGENDA
REPORT
228
229

April 16, 2024

Mayor's Office

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Mayor Eduardo Martinez

Subject:

Reappoint Gloria Jean Sewell -Murphy to the Economic
Development Commission (EDC)
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Gloria Jean Sewell-Murphy is reapplying for the
Economic Development Commission.

RECOMMENDED ACTION:

REAPPOINT Gloria Jean Sewell-Murphy to the
Economic Development Commission with a term that
expires on March 30, 2027 – Mayor’s Office (Mayor
Eduardo Martinez 510-620-6503).

DISCUSSION:

Gloria brings six years of experience working with the Economic Development Commission coupled with a rich work history that allows her to continue to bring an innovative, broad thinking aspect that both benefits the City and the Commission.

DOCUMENTS ATTACHED:

Attachment 1 – Gloria Jean Sewell-Murphy’s application

AGENDA
REPORT
230
231

April 16, 2024

Mayor's Office

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Mayor Eduardo Martinez

Subject:

Scarlett Perez Youth Council Appointment
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Scarlett Perez is applying for reappointment on the
Richmond Youth Council.

RECOMMENDED ACTION:

REAPPOINT Scarlett Perez to the Youth Council with a
term that expires on October 1, 2024 – Mayor’s Office
(Mayor Eduardo Martinez 510-620-6503).

DISCUSSION:

Scarlett Perez, who is applying for re -appointment, has already served one successful term on the Richmond Youth Coun cil and has interest in exploring policies that will support Richmond youth with their mental health.

DOCUMENTS ATTACHED:

Attachment 1 – Scarlett Perez’s application
AGENDA
REPORT
232
233

April 16, 2024

Mayor's Office

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Mayor Eduard Martinez

Subject:

Valeria Serrano Youth Council Appointment
FINANCIAL IMPACT: N/A

PREVIOUS COUNCIL
ACTION:

N/A

STATEMENT OF THE
ISSUE:

Valeria Serrano is applying for a vacant seat on the
Richmond Youth Council
RECOMMENDED ACTION:

APPOINT Valeria Serrano to the Youth Council, term
expires October 1, 2024 – Mayor’s Office (Mayor
Eduardo Martinez 510-620-6503).

DISCUSSION:

Valeria Serrano, who is applying for appointment, is a high school student in Richmond who has an interest in studying law and public policy.

DOCUMENTS ATTACHED:

Attachment 1 – Valeria Serrano’s application
AGENDA
REPORT
234
235

Richmond Police Department
Crime Report

Council Report March 2024

Mayor Martinez, Council and Community,

The attached documents provide the statistical data related to crime for the month of March. In addition to the crime statistics, you will also find statistical information related to our use of the FLOCK camera system. This information includes the number of cases in which the License Plate Reader (LPR) cameras have assisted over the past month.

In the attached documents you will see that violent crimes increased by 7% over the past month. There was 1 homicide, 80 aggravated assaults, 28 robberies and 7 sexual assaults. There was also a slight increase in property crimes of 3% with 22 burglaries, 138 thefts, 97 stolen vehicles and 5 arsons. Officers recovered 15 firearms during this reporting period.

Additionally, I would like to highlight a few significant cases that occurred over the past month.

Homicide
On March 27, 2024, officers responded to a report of suspicious circumstances call in the 300 block of S. 36th Street. Officers arrived and observed the victim suffering from multiple gunshot wounds. The 20-year-old victim died at the scene. Homicide detectives assumed the investigation and developed leads which led to the identification of the suspect. Criminal Investigations Bureau Detectives, along with the Surveillance Unit, additional RPD personnel, and the SFPD Gang Unit executed operation to locate and arrest the suspect. Suspect Jose Serrano was taken into custody without incident in San Francisco. The District Attorney’s office filed murder charges against the suspect.

Robbery/Carjacking
On March 23rd, 2024, a victim arrived at the Bank of America near Hilltop to deposit cash. While waiting at the ATM a blue Toyota arrived. Two suspects exited the vehicle and approached the victim. As the suspects approached, they motioned to their waistbands suggesting they had firearms. The suspect took the victims backpack and then approached the victim’s vehicle. A second victim was inside the vehicle and the suspects demanded that victim’s wallet and phone. The suspect then demanded the second victim to exit the vehicle. The suspects fled taking the victim’s vehicle as well as the vehicle they arrived in. The victim vehicle was tracked through GPS in San Francisco. A short time later Oakland PD advised they were in pursuit of the vehicle.

During the pursuit the stolen vehicle became disabled and the two suspects were taken into custody.

236

Wire Theft Arrest
There has been a significant increase in wire theft over the past several months. The thefts have caused internet outages throughout the city which impacts the quality of life of our residents. On March 25th, 2024, officers responded to a report of a subject stealing wires from an AT&T pole. Upon arrival officers located the suspect vehicle. The trunk was open and there was a large amount of wire inside of the vehicle. As officers were on scene the suspect walked up the hill with a bag full of wires. Estimated value was over $20,000. The subject was also in possession of several tools to assist in stealing wires. He was taken into custody for grand theft.

Human Trafficking
On March 29th, 2024 Detectives conducted a operation to address human trafficking and prostitution along the 23r5d/24th Street corridors. The operation resulted in three citations for loitering with the intent to prostitute, one firearm recovery, two human trafficking victims rescued, and several field contacts. Resources were provided to the subjects contacted.

Community Outreach
Our Crime Prevention unit organized two “Walk with the Chief” days during the month of March. The first one was on 23rd Street where we met with business owners who discussed their concerns regarding crime and also applauded the efforts of our parking enforcement officers. The second walk was in the Point Richmond Business District.

Both events were a great opportunity to connect with community.

Vehicle Abatement Operation – Southern District
A team of officers and parking enforcement personnel removed 70 abandoned vehicles from the Southern District after receiving numerous complaints from the community. An additional 15 vehicles were red-tagged and 25 parking citations were issued during this operation. Additional vehicle abatements will be conducted in other districts in the coming weeks.

Booker T. Anderson Easter Event
A contingency of officers and explorers partnered with community leaders and the fire department for an Easter Egg hunt on March 30th. The event was well attended and the kids enjoyed hunting for Easter treats.

Bisa French
Chief of Police
Richmond Police Department

237
Richmond Police Department
Crime Statistics Report

1701 Regatta Blvd, Richmond CA 94804 April 4, 2024

** To provide crime stat data to the public as expeditiously as possible, the crime stats presented on this page are based on UNAUDITED RMS data gathered from police reports throughout all steps of the report writing process and are therefore subject to change until Records Audit and NIBRS validation is complete.

DATE: 3/1/24-3/31/24 (MARCH 2024)

VIOLENT CRIME:

Offense Type February March % Change
Homicide 1 1 No Change
Aggravated Assault 60 80 +33%
Robbery 33 28 -15%
Sexual Assault 14 7 -50%
Violent Crime Total 108 116 +7%

PROPERTY CRIME:

Offense Type February March % Change
Burglary
(Excludes Auto Burg.) 21 22 +5%
Theft
(Includes Auto Burg.) 141 138 -2%
Vehicle Theft 90 97 +8%
Arson 2 5 +150%
Property Crime Total 254 262 +3%

REPORTS/CALLS FOR SERVICE:

Report/CFS Type February March % Change
Impounds 265 368 +39%
Collision – Calls for Service 152 130 -14%
DUI Related – Traffic Collisions 5 5 No Change
DUI Reports 14 18 +29%
Sideshow – Calls for Service 3 4 +33%
Total Firearms Recovered 20 15 -25%

238

ARRESTS WITH THEUSE OF LPR
RICHMOND POLICE DEPARTMENTAutomated License Plate Reader Statistics

VEHICLE RECOVERIESWITH USE OF LPR
Vehicle Theft
30 DATE: 1/1/24 - 3/31/24
April 8, 2024
CASES ASSISTEDBY LPR(Identifying suspectvehicle/Location, History, etc.) 88 29

LICENSE PLATERECOVERIES WITHUSE OF LPR
2 OFFENSES ASSOCIATED WITH ARRESTS
Embezzle Leased/Rented Vehicle

LPR HOT LIST READS
Stolen Plate
Stolen Vehicle
Felony Vehicle
Total LPR Hot List Reads
Hot List Type Total Reads
13,436
683
62 14,560

YEAR-TO-DATE STATISTICS
Homicide Organized Retail Theft
Evade Peace Officer
Vehicle Recovery
Poss. of Stolen Vehicle
Poss. ControlledSubstanceCarry Loaded Handgun
Assault w Firearm onPerson
239

April 16, 2024

Police Department

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

CAL ID Remote Access Network and County Law
Enforcement Training Center Annual Expense Increases
FINANCIAL IMPACT: An additional $33,353 is needed for the CAL-ID program, and an extra $48,000 is necessary for the Law
Enforcement Training Center, making the total additional amount needed $81,353. Additional amounts will come
from the Police Department’s approved budget
(01191021-400209).

PREVIOUS COUNCIL
ACTION:

June 21, 2022 – Resolution 87-22 taken to City Council

STATEMENT OF THE
ISSUE:

The annual expense for the CAL-ID Remote Access
Network and Law Enforcement Training Center has
increased beyond the amounts authorized by Resolution
87-22. City Council approval for additional expenses
totaling $81,353 is necessary to fulfill both purchase
orders.

RECOMMENDED ACTION:

APPROVE the purchase order amounts of $178,353 for
the cost of maintaining the CAL-ID program mandated by
the State of California, and $69,000 for the Law
Enforcement Training Center for Fiscal Year 2023-2024 – Police Department (Chief Bisa French 510-621-1802).

AGENDA
REPORT
240

April 16, 2024
DISCUSSION:

Contra Costa County CAL-ID

The Contra Costa County CAL-ID program was formed in 1987 in response to legislators enacting the California Penal Code section 11112.1. The law directed the California Department of Justice (DOJ) to develop a statewide California Identification System, known as CAL-ID. The CAL-ID program provides funding for an Automated Fingerprint Identification System (AFIS), which facilitates the statewide telecommunications network dedicated to the transmission of fingerprint data throughout the state for the use of identification by law enforcement agencies. The Automated Fingerprint Identification System (AFIS), also known as the Automated Biometric Identification System (ABIS), is established in a county, or shared between counties, to provide local automated fingerprint identification of subjects that are booked into jails, registrants and decedents, as well as to identify suspects in criminal cases when their latent fingerprint(s) is/are discovered at crime scenes.

To be eligible to participate in the new statewide program, counties in California were required to form a local governing body, known as a Remote Access Network (RAN) Board. The RAN Board governs the funds allocated to Contra Costa County collected under Senate Bill (SB) 720 (Vehicle License Fees) and California Government Code (GC) section 76102 (Criminal Penalty and Assessment Fees) for ABIS associated expenditures. The Contra Costa Chief’s Association and the local RAN Board agreed that the amount charged to each agency would be based on the figures provided by the State of California Department of Finance’s numbers from the previous calendar year.

The Contra Costa County Office of the Sheriff's budget funds a significant percentage of the Identification and Latent Units' annual operational costs (housed within the Counties Criminalistics Laboratory). Currently, the Office of the Sheriff funds five (5) positions (three Fingerprint Technicians and two Criminalists), pays its share of the CAL-ID local agency cost, provides services and supplies associated with the latent functions of the agency, and covers any deficits experienced at the end of the fiscal year.

Employee costs (including a union approved five percent salary increase for Fiscal Year 2023-2024) have continued to climb as well as increased operational costs (e.g., technology software and hardware maintenance and support, ongoing contracts, interface updates, etc.). Depending on the prevailing economic conditions, the RAN Board can decide to increase the amount charged to the agencies by a percentage at the discretion of the Board, which has currently been 10 percent.

The estimated amount to be billed to the cities for Fiscal Year 2023-2024 is $1,802,125, of which the City of Richmond makes up 9.9 percent of the population and owes $178,353. (NOTE: The fee is based upon the population total which is why some agencies may experience a percentage of change slightly higher, or lower, than the 10 percent mentioned above).

241

April 16, 2024
Contra Costa County Law Enforcement Training Center

The Contra Costa County Law Enforcement Training Center is operated by the County’s Sheriff’s office and operates a training facility that has a live shooting range, scenario training, classroom instruction, and hosts a Police Academy available to civilians looking to enter into sworn law enforcement. Richmond Police Department is currently hiring sworn officer positions and has sent trainees to the academy in the past with successful graduates entering the ranks as a Police Officer. Richmond PD staff sends trainees to various local academies but the choice is dependent on when the academies start and end.

Summary

Resolution 87-22 was passed on June 21, 2022, and allowed the City Manager to authorize a payment amount up to $145,000 for the California I.D. Program, and $21,000 for the Law Enforcement Training Center. The respective $145,000 and $21,000 amounts were estimated based on the past fiscal year’s invoices. This year’s invoice is $178,353 for the California I.D. Program, and $69,000 for the Law Enforcement Training Center; therefore, RPD staff is seeking City Council approval for the increased amount of $33,353 for the California I.D. Program, for a total not-to- exceed amount of $178,353, and an increased amount of $48,000 for the Law Enforcement Training Center, for a total not-to-exceed amount of $69,000.

DOCUMENTS ATTACHED:

Attachment 1 – CAL ID Letter and Invoice from CCC Sheriff Attachment 2 – Resolution 87-22
Attachment 3 – Proposed Resolution

242
243
244
RESOLUTION NO. 87-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, AUTHORIZING A SOLE SOURCE PROCUREMENT PROCESS FOR

SELECTED SPECIALIZED POLICE DEPARTMENT SERVICES
WHEREAS, there are certain specialized services performed by certain specified vendors for the Richmond Police Department which occur every year; and WHEREAS, the vendors that provide these specialized services are the only vendors that can provide said service; and
WHEREAS, the specialized services and the specified vendors are each year set forth in the Police Department budget as line items for budgetary approval purposes; and WHEREAS, having the City Council authorize the City Manager to execute the contracts associated with the annual line items set forth and approved by the budget will expedite the contract approval process thereby increasing efficiency and reducing paperwork; and WHEREAS, the annual line items that are specifically to be addressed in this manner are listed as follows:

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond that the City Manager is hereby authorized, for fiscal years 2022-2023 and 2023-2024, to execute the contracts listed below provided that the contract dollar amounts do not exceed the amounts listed for each fiscal year:

CLETS SHARED COST - CONTRA COST A COUNTY

CAL ID FORENSIC DIV - CONTRA COST A COUNTY

ARIES MAINTENANCE - CONTRA COST A COUNTY

ACCJIN SHARED COST - CONTRA COSTA COUNTY

BOOKING FEES - CONTRA COSTA COUNTY

CRIME LAB EXAMS - CONTRA COSTA COUNTY

SART EXAMS - CONTRA COSTA COUNTY

ANNUAL JAIL INSPECTION - CONTRA COST A COUNTY

CORONER/GSR EXAMS - CONTRA COSTA COUNTY

INMATE EXTRADITION - CONTRA COST A COUNTY

POLICE TRAINING CENTER- CONTRA COSTA COUNTY

INFORMATION TECHNOLOGY - CONTRA COSTA COUNTY

COMMUNICATIONS (EBRCS) -CONTRA COST A COUNTY

LIVE SCAN FINGERPRINTING- STATE OF CALIFORNIA

UC REGENTS - STATE OF CALIFORNIA
************************
Reso. No. 87-22

$11,000
$145,000
$50,000
$23,500
$46,000
$365,000
$41,000
$1,000
$10,000
$4,000
$21,000
$29,500
$182,500
$16,500
$5,000

CLETS SHARED COST -CONTRA COST A COUNTY

CAL ID FORENSIC DIV -CONTRA COSTA COUNTY

ARIES MAINTENANCE -CONTRA COST A COUNTY

ACCJIN SHARED COST -CONTRA COST A COUNTY

BOOKING FEES - CONTRA COSTA COUNTY
ALCOHOL/TOXIC DRUG and CRIME EVIDENCE -CONTRA COSTA COUNTY

SART EXAMS-CONTRA COSTA COUNTY

ANNUAL JAIL INSPECTION - CONTRA COSTA COUNTY

CORONER & GUNSHOT RESIDUE EXAMS - CONTRA COST A COUNTY

INMATE EXTRADITION - CONTRA COSTA COUNTY

LAW ENFORCEMENT TRAINING CENTER- CONTRA COST A COUNTY
DEPT. OF INFORMATION TECHNOLOGY - CONTRA COSTA COUNTY

REGIONAL COMMUNICATIONS (EBRCS)-CONTRA COSTA COUNTY

LIVE SCAN FINGERPRINTING- ST A TE OF CALIFORNIA

UNIVERSITY OF CALIFORNIA REGENTS - STATE OF CALIFORNIA
245
246

Reso. No. _____

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA REVISING THE APPROVED INTERAGENCY AGREEMENT

AMOUNT WITH THE LAW ENFORCEMENT TRAINING CENTER AND
CALIFORNIA I.D. PROGRAM FIRST AUTHORIZED BY RESOLUTION 87-22

WHEREAS, on June 21, 2022, the Richmond City Council approved Resolution 87-22 that authorizes the City Manager to execute contracts for certain specialized services with fifteen specific vendors; and

WHEREAS, Resolution 87-22 included not-to-exceed amounts for each vendor contract that was estimated based on historical Contra Costa County invoiced expenses; and

WHEREAS, County expenses are invoiced after the Fiscal Year has begun; and

WHEREAS, due to numerous economical changes, such as inflation, Countywide costs have increased as the County continues to invest in better technology, improved benefits and wages, and services; and

WHEREAS, the County charges cities within its jurisdiction a proportional amount based on the City’s populations numbers; and

WHEREAS, the specialized services can only be performed by the County on behalf of the Richmond Police Department which occur every year; and

WHEREAS, having the City Council authorize the Finance Department to increase Purchase Orders above the annual line items set forth in Resolution 87-22 to expedite the approval process thereby increasing efficiency and reducing paperwork; and

WHEREAS, the California I.D. Program costs have increased over the years and requires an additional cost approval of $33,353 for a total amount not to exceed, $178,353; and

WHEREAS, the closure of nearby Napa Policy Academy, has required Richmond Police Department to send Police Officer Recruits to the County’s Law Enforcement Training Center, which equates to an increase in its service costs in the amount of $48,000 for a total amount not to exceed, $69,000; and

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond that the Finance Department is hereby authorized to increase Purchase Order number 24200776 for the California I.D. Program by $33,353, for a total not-to-exceed amount of $178,353; and

BE IT FURTHER RESOLVED by the Council of the City of Richmond that the Finance Department is hereby authorized to increase Purchase Order number 24200807 for the Law Enforcement Training Center by $48,000, for a total not-to-exceed amount of $69,000.

******************

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on Mmmm dd, yyyy, by the following vote:

AYES: AYES:

NOES:

ABSTENTIONS:
247

Reso. No. _____

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

State of California }
County of Contra Costa : ss.

City of Richmond }

I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.

_______________________________________
Pamela Christian, Clerk of the City of Richmond
248

April 16, 2024

Police Department

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Sole-Source Contract with Serological Research Institute for Forensic DNA Testing and Analysis
FINANCIAL IMPACT: The proposed expenditure of $49,000 will be partially expended and is included in the Police Department’s
approved Fiscal Year 2023-2024 budget. The remaining
unspent balance is included in the proposed Fiscal Year 2024-2025 budget (01191021-400201).

PREVIOUS COUNCIL
ACTION:
n/a

STATEMENT OF THE
ISSUE:

Serological Research Institute has industry leading lab equipment and testing procedures that can return
positive results in 98 percent of cases. The patented
technology can outperform Contra Costa County Lab
equipment in head-to-head tests.

RECOMMENDED ACTION:

APPROVE a one-year sole-source contract with
Serological Research Institute, in an amount not to
exceed $49,000, for the term April 17, 2024, through April 16, 2025, with two mutually agreed upon one-year
extensions, for an additional amount not to exceed
$49,000 per fiscal year – Police Department (Chief Bisa French 510-621-1802).

AGENDA
REPORT
249

April 16, 2024
DISCUSSION:

In the past calendar year, Richmond Police Department (PD) Detectives have investigated 2,651 felony cases and successfully closed 2,318 of those cases, for an 87 percent closure rate. For comparison sake, “[i]n 2020, about 45 percent of reported violent crimes in California were solved. While this clearance rate has fluctuated somewhat, peaking at slightly above 50 percent in the late 1990s, it has stayed within a relatively narrow band over the last decade and is roughly where it was in the late 1980s”, according to a blog post on the Public Policy Institute of California’s website written by Magnus Lofstrom on May 11, 2023. Part of the Detective’s success is dependent on witness testimonies and physical evidence.

Richmond PD staff works closely with many local agencies – namely Oakland and San Pablo police departments – that have had success in solving cases with the technical assistance of Serological Research Institute, which is located within the city of Richmond. Serological Research Institute claims a 98-percent success rate in obtaining a DNA profile, or profiles, from physical evidence, such as expended cartridge casings.

Based on the success rate of Serological Research Institute, and some head-to-head test analyses, it is believed that Serological Research Institute has a technical advantage over other DNA forensic labs.

Not all evidence is the same - sometimes Police Department staff collect numerous samples, sometimes a few, or none at all. When there is very little evidence, the evidence the staff does have is all the more important. It is understood that Serological Research Institutes lab equipment has been able to provide positive test results when County Forensic Services Division could not. Richmond PD staff will evaluate the evidence prior to deciding which lab testing services it will use to accomplish the Department’s goal of solving homicides and compare estimated costs. The Detective’s expert evaluation completed prior to sending evidence to a lab will be important because additional costs may be incurred by re-testing elsewhere and will be factored into the decision.

For the past two years, Richmond PD staff have held a short-form contract with Serological Research Institute, and recently sent in several pieces of evidence that Serological Research Institute has identified as having usable evidence. However, since Richmond PD staff does not have a reference sample, Richmond PD staff would like to continue these case analyses with Serological Research Institute in the hopes that with further testing, Serological Research Institute can identify a positive match through a shared forensic database called Combined DNA Index System (CODIS), which they have access to. To comply with the City’s Purchasing Policy, Richmond PD staff has completed and received approval of a sole-source form (Attachment 2).

Serological Research Institute lists the following agencies as their clients: Vallejo PD, Berkeley PD, Concord PD, Antioch PD, Daly City PD, Solano Sherrif’s Office (SO), Sonoma SO, along with at least one out-of-state agency (Savannah, GA) and the Federal Bureau of Investigation (FBI).
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April 16, 2024

Richmond PD staff urges City Council to approve the lab services provided by Serological Research Institute via a sole-source contract, for a one-year term in an amount not to exceed $49,000, with two one-year extensions for the same annual amount of $49,000 per fiscal year, provided that both parties mutually agree. Richmond PD staff believe the results will have a positive impact on cases that can be solved.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Sole-Source Form

251

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

PR No: Vendor No: P.O./Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]

2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
252

6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.

10. Signatures. These signatures attest the parties' Contract hereto:

CITY OF RICHMOND CONTRACTOR:
a municipal corporation

By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)

Title: By:

I hereby certify that this Contract Title:
has been approved by City Council.

Date Signed:

B y :

City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:

B y :

B y : T i t l e :

City Attorney
Date Signed:

(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.

LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
253
For the Contract between the City of
Richmond and

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:

Police Department
254
For the Contract between the City of
Richmond and

EXHIBIT B

PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF

RICHMOND SHALL NOT PAY FOR SERVICES

THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT

AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}

1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.

2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

3. Contractor shall submit timely invoices to the following address:

Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:

PO Box 4046
Richmond, CA 94804-0046

4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.

5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.

6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.

7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized. 255
For the Contract between the City of
Richmond and

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.

1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

City of Richmond

Richmond, CA 94804-0046

1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:

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General Conditions/EJ/TE 01-19-11 1 of 13

EXHIBIT D

GENERAL CONDITIONS

1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.

2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.

3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, 257
General Conditions/EJ/TE 01-19-11 2 of 13

import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.

Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.

5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.

If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.

6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor. 258
General Conditions/EJ/TE 01-19-11 3 of 13

Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.

7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.

Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.

Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.

Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.

City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract. 259
General Conditions/EJ/TE 01-19-11 4 of 13

Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.

8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:

Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.

If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.

In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.

9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue 260
General Conditions/EJ/TE 01-19-11 5 of 13

any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.

10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.

City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.

11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

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13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

15. Indemnification.

(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.

Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to 262
General Conditions/EJ/TE 01-19-11 7 of 13

indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.

The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section

15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.

16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete 263
General Conditions/EJ/TE 01-19-11 8 of 13

responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.

17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.

19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.

Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.

Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.

20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated 264
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under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.

22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.

23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and 265
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City reserves the right to employ other Contractors in connection with the project.

25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.

26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.

Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.

28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:

All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.

No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.

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29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."

30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.

This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.

31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.

32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

33. Interpretation. This Contract shall be interpreted as if drafted by both parties.

34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view 267
General Conditions/EJ/TE 01-19-11 12 of 13

toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.

37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.

Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.

39. Performance and Final Acceptance.

Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.

Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.

268
General Conditions/EJ/TE 01-19-11 13 of 13

City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.

If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.

40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion. 269
For the Contract between the City of
Richmond and

EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
270
For the Contract between the City of
Richmond and

EXHIBIT F

INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
271
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 1 of 4

Revised: September 2011

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)

3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors)

Required Coverage

Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR
is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

272
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 2 of 4

Revised: September 2011

PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)

Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Additional Insured Endorsement

Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required. 273
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 3 of 4

Revised: September 2011
Additional Insured Endorsement
(continued)

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors

CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
274
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors

Type 1 – Page 4 of 4

Revised: September 2011

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin . The City
of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation

CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

275
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 2024 , at , California.

Printed Name: Title:

Signed: Date:

Business Entity:

Vendor SCCO Compliance Statement (Augt2020)

EXHIBIT H

CITY OF RICHMOND
Sanct
uary City Compliance Statement
The undersigned, an authorized agent of ( hereafter "Con
tractor"), has had an opportunity to review t he requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understand s and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the
U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). C ontractor understands the meaning of the following terms used in the SCCO:
276
277
278
279

April 16, 2024

Police Department

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Bisa French, Chief of Police

Subject:

Special Weapons and Tactics (SWAT) Communication
Headsets for Richmond Police Department Officers
FINANCIAL IMPACT: The proposed expenditure of $30,500 is included within the approved Police Department Budget for Fiscal Year
2023-2024 (01191021-400603).

PREVIOUS COUNCIL
ACTION:

n/a

STATEMENT OF THE
ISSUE:

The Police Department SWAT (Special Weapons and
Tactics) Team is requesting approval to purchase
communication headsets for effective and safe
communication during high-stress, critical incidents.

RECOMMENDED ACTION:

APPROVE the purchase of communication headsets
from Pack-n-Tape, in an amount not to exceed $30,500,
which includes a contingency to account for taxes and
shipping costs – Police Department (Chief Bisa French
510-621-1802).

DISCUSSION:

It is imperative for members of the Richmond Police Department (RPD) Special Weapons and Tactics (SWAT) Team to be able to communicate with each other (and AGENDA
REPORT
280

April 16, 2024
incident commanders) while protecting their hearing from loud noises that occur during critical incidents.

The use of communication headsets by police SWAT team members offers several advantages, including:

1. Communication: Communication headsets enable clear and effective communication among team members in high-stress situations. In SWAT operations, effective communication is crucial for coordinating movements, sharing information, and ensuring the safety of everyone involved.

2. Noise Reduction: SWAT teams often operate in environments with loud noises, such as gunfire, explosions, or sirens. Communication headsets provide noise reduction or attenuation, helping to protect team members' ears from potential hearing damage and allowing them to maintain situational awareness without being overwhelmed by loud sounds.

3. Tactical Advantage: By using hearing protection, SWAT team members can maintain a tactical advantage. They can communicate quietly using radios or other communication devices without giving away their position to potential threats.

4. Concentration: Loud noises can be distracting and cause stress, potentially affecting decision-making and performance in high-pressure situations.

Communication headsets help maintain focus and concentration by reducing the impact of loud ambient noises.

5. Prevention of Auditory Fatigue: In prolonged SWAT operations, exposure to continuous loud noises can lead to auditory fatigue, reducing the ability to hear and process important sounds. Hearing protection helps prevent fatigue, ensuring that team members can stay alert and responsive throughout the mission.

6. Protection from Flash-Bang Grenades: SWAT teams often use flash-bang grenades as a tactical tool to disorient and surprise suspects. Communication headsets provide protection against the loud blast of these devices, minimizing the risk of temporary or permanent hearing damage.

7. Health and Safety: Protecting the hearing of SWAT team members contributes to their long-term health and safety. Exposure to loud noises without proper protection can lead to hearing loss, and the use of communication headsets helps mitigate this risk.

The RPD SWAT Team has used headset style hearing protection and communication sets for over a decade. Prior to being issued communication headsets, members of the SWAT Team sustained hearing damage from being exposed to live gun fire and explosions at close proximity.

The communication/hearing protection sets current being utilized by RPD SWAT Team members have outlived their service life and are failing. Most of the SWAT Team 281

April 16, 2024
members are using components of the headsets that were originally purchased over a decade ago. Some of these headsets have deteriorated to the point that some SWAT Team members are not able to communicate over the police radio. The current state of this equipment is of serious concern and poses significant safety issues for officers and the community.

RPD staff recommends the approval of this purchase as it is necessary to provide members of the SWAT Team reliable communication and hearing protection in order for them to do their job effectively and safely during high-stress, critical incidents. RPD Staff is including an approximate 12 percent contingency because the quote does not include any California sales tax or shipping costs.

DOCUMENTS ATTACHED:

Attachment 1 – Quote Package
Attachment 2 – Quote Matrix

282
283
284
285
286
287
Division/Department:
____Police_____________________ Quote Summary Form Form completed by: _Steven Linderman____________________ PR# Bidders' Names:

Unit Ext. Unit Ext. Unit Ext.

Price Price Price Price Price Price
Item 1 price: 991.44 21811.68 999.89 21997.58 1039 22858

1. Descript:

Manufacturer offered by bidder:

Model offered by bidder:

Item 2 price: 248.95 5476.9 249.11 5480.42 349 7678

2. Descript:

Manufacturer offered by bidder:

Model offered by bidder:

Item 3 price: $___________ $___________ $___________ $___________ $___________ $___________

3. Descript:

Manufacturer offered by bidder:

Model offered by bidder:

Item 4 price: $___________ $___________ $___________ $___________ $___________ $___________

4. Descript:

Manufacturer offered by bidder:

Model offered by bidder:

Item 5 price: $___________ $___________ $___________ $___________ $___________ $___________

5. Descript:

Manufacturer offered by bidder:

Model offered by bidder:

Sub-Total: 27288.58 27478 30536
Shipping & Handling, if any 0 67.7 0
Add tax at current rate (9.75%) 2660.63655 2685.70575 2977.26 Grand Total 29949.21655 30231.40575 33513.26
Notes:
(Vendor 1)
Pack-n-Tape
(Vendor 2)
Enviro Safety
(Vendor 3)
Atomic DefenseQuote Title: Communication Headsets
Quote No.

Quote Submittal Deadline:

Mdl: Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

Mdl:

Mfg:

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Mdl:

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Mfg:

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Mfg:

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Mfg:

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Mfg:

Use more pages as necessary 12 DEC 2022 1288

April 16, 2024

Public Works

DATE: April 16, 2024
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works/City Engineer
Ken Cheng, PE, Senior Civil Engineer
Subject:

Award Construction Contract for the Lincoln Elementary
School Safe Route to School Improvement Project
(SRT)- CML -5137(055)
FINANCIAL IMPACT: One Bay Area Grant 2 (OBAG2) grant funding in the amount of $497,000 for construction. Matching local
funds $265,000 from the General Capital Funds (Account
String 20136031-400733-23041).

PREVIOUS COUNCIL
ACTION:

September 12, 2017, City Council adopted resolution for local support authorizing the filing of an application for funding assigned to MTC and committing any necessary
matching funds and stating assurance to complete the
safe routes to school.

October 24, 2023, City Council approved the FY 2022-
23Q4 Financial Report and Administrative Budget
Adjustments that consisted of appropriate additional
funds to numerous projects for completion. Lincoln SRT
was one of many projects approved in the amount of
$265,000.

STATEMENT OF THE
ISSUE:

Award a construction contract for Lincoln Elementary
School Safe Route Improvement Project to Corcus
Construction Inc. in an amount of $599,831 plus a
contingency amount of $67,000.

AGENDA
REPORT
289

April 16, 2024
RECOMMENDED ACTION:

ADOPT a resolution to ACCEPT and APPROPRIATE the
One Bay Area Grant 2 (OBAG2) in the amount of
$497,000 for Lincoln Elementary School Safe Route to
School Improvement Project CML-5137(055);
AUTHORIZE the city manager or their designee to
execute a contract with Corcus Construction, Inc in an
amount of $599,831; and AUTHORIZE the Director of
Public Works to approve change orders, if necessary, for an additional contingency amount of $67,000 – Public
Works Department (Robert Armijo 510-620-5477/ Ken
Cheng 510-621-1612).

DISCUSSION:

Lincoln Elementary School, situated in the heart of the Iron Triangle neighborhood, stands as one of two primary educational institutions in the area. Its proximity to key community thoroughfares such as the Richmond Greenway, Chanslor Avenue, 4th Street, and 6th Street, positions it centrally within vital safe routes to school. Despite the presence of crosswalks along Chanslor Avenue, frequented by numerous students and their guardians, there remains a substantial need for further pedestrian safety enhancements to safeguard the schoolchildren's journey.

Proposed improvements aim to enhance pedestrian safety by narrowing crossing distances on Chanslor Avenue through the installation of median refuges and curb extensions. Additionally, the introduction of a raised intersection at the junction of Chanslor Avenue and 4th Street is intended to prioritize pedestrian movement and moderate vehicular speed, further reinforcing the safety of this critical school route.

On September 17, 2017, the City Council endorsed a resolution to express local support, authorizing the submission of a funding application to the Metropolitan Transportation Commission (MTC), while committing to provide the requisite matching funds and ensuring the project's completion.

The Lincoln Elementary School Safe Route Improvement Project benefits from dual financial backing: a $497,000 construction grant from the One Bay Area Grant 2 (OBAG2) and a local contribution of $265,000 from the General Capital Funds allocated for both design and construction phases. This local contribution was affirmed by the City Council on October 24, 2023, during the approval of the FY 2022-23 Q4 Financial Report and Administrative Budget Adjustments, which included the allocation of additional resources for the successful execution of this project among others.

The City advertised the project through BidsOnline on October 23, 2023, and bids were opened on December 4, 2023. Unfortunately, there was a Disadvantaged Business Enterprise (DBE) calculation error that required the City of Richmoand to readvertise the construction bid. The plans and specifications were revised and re-advertised on 290

April 16, 2024
January 22, 2024. Bids were opened on February 20, 2024, and the City received five (5) bids with the following results:

Contractor Base Bid
APENA Construction* $275,933.30
Corcus Construction, Inc. $308,093.00
E.E. Gilbert Construction, Inc. $393,193.90
Mark Lee & Young Kay, Inc. $401,868.60
Krex Engineering, Inc. $448,420.00

*Note: Following a thorough review of the bids, the lowest bidder’s proposal was deemed incomplete due to not meeting the minimum requirements of the bid advertisement.

City staff determined that the apparent low bidder, Corcus Construction, Inc., was both responsive and responsible. The base bid was in the amount of $308,093. City staff recommends that items in the addition to the base bid items be added to the contract for an additional cost of $291,738. This brings the total recommended contract amount to $599,831. The total estimated cost of this project, if awarded to the low bidder, is as follows:

Construction Contract $599,831
Contingency @ 10% $67,000
Total Construction Cost $666,831
Design Support During Construction $10,200
Construction Management Cost (~10%) $59,983.10
Total Project Cost $737,014.10

Construction is scheduled to commence on June 3, 2024, and is anticipated to conclude by September 2, 2024. The project is expected to reach closeout by September 9, 2024.

City staff recommends the acceptance and appropriation of $497,000 from the One Bay Area Grant 2 (OBAG2) for the Lincoln Elementary School Safe Route to School Improvement Project CML-5137(055). Furthermore, it is recommended that the City Council authorize the City Manager or their designee to enter into a contract with Corcus Construction, Inc., for an amount of $599,831. It is also recommended to grant the Director of Public Works the authority to approve change orders as necessary, up to a contingency amount of $67,000.

ENVIRONMENTAL DOCUMENTS:

This project is exempted from CEQA requirements in accordance with Class 1 - Section 15301, Class 2 - Section 15302, and Class 3 - Section 15303.

291

April 16, 2024
DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Bid Documents
Attachment 3 – Bid Results
Attachment 4 – Construction Agreements
Attachment 5 – Grant Award Letter

292
Reso. No. xx-24

RESOLUTION NO. xx-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, TO ACCEPT AND APPROPRIATE THE ONE BAY AREA GRANT 2 IN THE AMOUNT OF $497,000 AND AUTHORIZE THE AWARD OF A CONSTRUCTION CONTRACT TO CORCUS CONSTRUCTION INC., FOR THE LINCOLN
ELEMENTARY SCHOOL SAFE ROUTE TO SCHOOL IMPROVEMENT PROJECT – CML – 5137(055)

WHEREAS, on September 17, 2017, City Council adopted resolution for local support authorizing the filing of an application for funding assigned to Metropolitan Transportation Commission (MTC) and committing any necessary matching funds and stating assurance to complete the safe routes to school; and

WHEREAS, the Lincoln Elementary School Safe Route Improvement Projects is a federally funded project that has two (2) funding sources; One Bay Area Grant 2 (OBAG2) of an amount of $497,000 for construction; and local contribution in the amount of $265,000 from the General Capital Funds; and

WHEREAS, on October 24, 2023, the City Council approved the FY 2022-23Q4 Financial Report and Administrative Budget Adjustments that consisted of appropriating additional funds to numerous projects for completion. Lincoln SRT was approved in the amount of $265,000 for design and construction; and

WHEREAS, an invitation for bids was duly advertised on October 23, 2023, bids were opened on December 4, 2023; and

WHEREAS, an invitation for bids was duly readvertised on January 22, 2024 due to Disadvantage Business Enterprise calculation issues in the plans and specifications; and

WHEREAS, the readvertised bids were opened on February 20, 2024, and the City received five (5) bids; and

WHEREAS, the lowest bidder’s proposal was deemed incomplete due not meeting the minimum requirements of the bid advertisement; and

WHEREAS, upon a thorough review of the bids, staff determined that the second apparent low bidder, Corcus Construction Inc., submitted a bid that is both responsive and responsible; and

WHEREAS, the City staff selected the second lowest bidder, Corcus Construction Inc., for a base bid amount of $308,093. Staff recommends that all Bid Additive #1 bid items be added to this contract for an additional cost of $291,738. This brings the total recommended contract amount to $599,831; and

WHEREAS, by the agenda report (“Agenda Report”) accompanying this resolution the City Council has been provided with additional information upon which the findings and actions set forth in this Resolution are based.

NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution.

BE IT FURTHER RESOLVED that the City accepts and appropriates the One Bay Area Grant 2 (OBAG2) in the amount of $497,000 for Lincoln Elementary School Safe Route to School Improvement Project CML-5137(055).

BE IT FURTHER RESOLVED that the City Council hereby authorizes the award of a construction contract to Corcus Construction Inc., for the Lincoln Elementary School Safe Route to School Improvement Project in an amount of $599,831, and authorizes the Public Works 293
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Director to approve change orders, if necessary, for up to ten percent contingency of the overall cost of the contract ($67,000).

BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager, or their designee, to execute and make amendments to the construction contract as needed to facilitate the completion of the Project.

BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the office of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804.

*************************

I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held April 16, 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor

Approved as to form:

City Attorney

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CITY OF RICHMOND

ENGINEERING & CAPITAL IMPROVEMENT PROJECTS DEPARTMENT
450 CIVIC CENTER PLAZA RICHMOND,
CA 94804
TELEPHONE: (510) 307-8091
FAX: (510) 307-8116 PROJECT

SPECIFICATIONS

LINCOLN ELEMENTARY SCHOOL SAFE

ROUTE IMPROVEMENTS
ONE BAY AREA GRANT FUNDING (OBAG 2)
FEDERAL-AID PROJECT NO. CML-5137(055)

January 2024

FOR USE IN CONJUNCTION WITH THE STATE OF CALIFORNIA DEPARTMENT OF

TRANSPORTATION STANDARD SPECIFICATIONS AND STANDARD PLANS DATED 2018 (AS AMENDED) AND APPLICABLE LABOR SURCHARGE AND

EQUIPMENT RENTAL RATES
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LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS
ONE BAY AREA GRANT FUNDING (OBAG 2)
FEDERAL-AID PROJECT NO. CML-5137(055)

Table of Contents
INTRODUCTION ........................................................................................................... 1 INVITATION FOR BIDS ................................................................................................ 2 INSTRUCTIONS TO BIDDERS ..................................................................................... 5 BID PROPOSAL ........................................................................................................... 16 BID SCHEDULE ........................................................................................................... 18 SUBCONTRACTOR FORM ......................................................................................... 22 PUBLIC CONTRACT CODE ....................................................................................... 26 DEBARMENT AND SUSPENSION CERTIFICATION ............................................... 28 BIDDER’S NON-COLLUSION AFFIDAVIT ............................................................... 29 BIDDER’S BOND .......................................................................................................... 30 PERFORMANCE BOND .............................................................................................. 32 PAYMENT BOND ......................................................................................................... 34 WARRANTY BOND ..................................................................................................... 36 FIRST SOURCE AGREEMENT................................................................................... 39 CONTRACT .................................................................................................................. 40 SPECIAL PROVISIONS ............................................................................................... 57 SECTION SP-1 - SPECIFICATIONS AND PLANS ................................ ................................ ... 58 SECTION SP-2 - BIDDING ................................ ................................ ................................ ........ 60 SECTION SP-3 - AWARD AND EXECUTION OF CONTRACT ................................ .............. 61 SECTION SP-4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ................................ ................................ ................................ ................................ 63 SECTION SP-5 - GENERAL ................................ ................................ ................................ ...... 65 SECTION SP-6 - MATERIALS ................................ ................................ ................................ .. 78 SECTION SP-7 - DESCRIPTION OF WORK ................................ ................................ ............ 82 SECTION SP-8 - ORDER OF WORK ................................ ................................ ........................ 83 SECTION SP-9 - COOPERATION AND SCHEDULING WORK................................ .............. 84 SECTION SP-10 - PROGRESS SCHEDULE ................................ ................................ ............. 86 SECTION SP-11 - EXISTING FACILITIES/COOPERATION ................................ .................. 87 SECTION SP-12 - DUST CONTROL ................................ ................................ ......................... 90 SECTION SP-13 - PROPERTY AND FACILITY PRESERVATION ................................ ......... 91 SECTION SP-14 - SUBMITTALS ................................ ................................ .............................. 92 SECTION SP-15 - MOBILIZATION ................................ ................................ .......................... 93 SECTION SP-16 - CONSTRUCTION LAYOUT ................................ ................................ ........ 95 299
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SECTION SP-17 - CLEARING AND GRUBBING ................................ ................................ ..... 97 SECTION SP-18 - STORM WATER POLLUTION MANAGEMENT ................................ ....... 98 SECTION SP-19 - TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS .................. 100 SECTION SP-20 - PROJECT AREA SIGNS ................................ ................................ ............ 103 SECTION SP-21 - PUBLIC NOTIFICATION ................................ ................................ .......... 104 SECTION SP-22 - REMOVALS ................................ ................................ ............................... 106 SECTION SP-23 - CONCRETE IMPROVEMENTS ................................ ................................ 108 SECTION SP-24 - SAW CUTTING ................................ ................................ .......................... 110 SECTION SP-25 - EARTHWORK ................................ ................................ ........................... 111 SECTION SP-26 - DISPOSAL OF MATERIALS ................................ ................................ ..... 112 SECTION SP-27 - SUBGRADE PREPARATION ................................ ................................ .... 113 SECTION SP-28 - ADJUST UTILITY FRAME AND COVER TO GRADE ............................. 114 SECTION SP-29 - CLASS 2 AGGREGATE BASE ................................ ................................ ... 116 SECTION SP-30 - HOT MIX ASPHALT (HMA) ................................ ................................ ..... 117 SECTION SP-31 - THERMOPLASTIC STRIPING AND PAVEMENT MARKINGS .............. 119 SECTION SP-32 - PAVEMENT MARKERS ................................ ................................ ............ 121 SECTION SP-33 - PRE-FORMED THERMOPLASTIC CROSSWALK MARKING ............... 122 SECTION SP-34 - RECTANGULAR RAPID FLASHING BEACONS ................................ ..... 126 SECTION SP-35 - ROADSIDE SIGNS ................................ ................................ ..................... 130 SECTION SP-36 - REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS FHWA-1273 -- REVISED MAY 1, 2012 ................................ ............................ 131

APPENDICES
APPENDIX A – CITY OF RICHMOND – CONSTRUCTION AGREEMENT .......................... A APPENDIX B – CITY OF RICHMOND – INSURANCE REQUIREMNTS – CONSTRUCTION PROJECTS ................................ ................................ ................................ ................................ . B APPENDIX C – CITY OF RICHMOND – TRUCK ROUTE ................................ ...................... C APPENDIX D - CITY OF RICHMOND – STORM WATER PROTECTION FOR CONSTRUCTION CONTRACTS ................................ ................................ .............................. D APPENDIX E - CITY OF RICHMOND – ELECTRONIC CERTIFIED PAYROLL .................. E APPENDIX F - CITY OF RICHMOND – PLANS ................................ ................................ ....... F

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Introduction
1 City of Richmond
Department of Public Works

INTRODUCTION

1. CONTRACT DOCUMENTS

All documents included in the Project Specifications shall constitute part of the contract (hereinafter called "Contract Documents") for the completion of the project.

2. PROJECT

The Project (hereinafter in the Contract Documents and in the Contractual Agreement signed by the Contractor called "Project") to be completed by the Contractor is defined as follows:

LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS
ONE BAY AREA GRANT FUNDING (OBAG 2)
FEDERAL-AID PROJECT NO. CML-5137(055)

3. DEFINITIONS

The following terms as used in the Contract Documents and in the Contractual Agreement signed by the Contractor shall have the meanings set forth below:

"City" shall mean the City of Richmond, California.

"Contract" shall mean both the Contract Documents and the Contractual Agreement for the completion of the Project which is signed by the Contractor.

"Contractor" shall mean the bidder who signs the Contractual Agreement for the Project substantially in the form set forth in the Contract Documents labeled, "Contractual Agreement Form."

“Department” shall mean the City of Richmond, California.

"Engineer" shall mean the City Engineer or his designated representative.

"Local Public Agency" shall mean the City of Richmond, California.

"Standard Specifications" shall mean 2018 edition of the State of California Department of Transportation Standard Specifications.
"City Standard Details" shall mean the Standard Details

END OF INTRODUCTION
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Invitation for Bids
2 CITY OF RICHMOND

DEPARTMENT OF PUBLIC WORKS

INVITATION FOR BIDS

BID OPENING: The City of Richmond will receive sealed bids for the LINCOLN

ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS ONE BAY AREA GRANT FUNDING (OBAG 2) FEDERAL -AID PROJECT NO. CML -5137(055) electronically through BidsOnline until 8:00 AM. on Tuesday, February 20, 2024. All bid forms must be electronically submitted by the due date and time or the bid will not be considered..

THE DBE CONTRACT GOAL IS 6 PERCENT.

NON-MANDATORY PRE-BID MEETING: A non-mandatory pre-bid meeting will be held at 9:00 AM. Friday, January 26, 2024 at 5th Street and Chanslor Ave, Richmond CA 94801 . The project team will be available to answer questions related to the bid documents and the project.

The pre-bid meeting will last approximately 1 hour.

QUESTIONS: All questions relative to this bid must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00 PM. on Friday, February 9, 2024. If the City of Richmond finds it necessary to issue an addendum, prospective bidders will receive e -mail notification of the addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent accordingly. If is the bidders responsibility to periodically check the BidsOnline website, www.ci.richmond.ca.us/bids for any possible Addenda to the bid that may have been posted.

WORK DESCRIPTION: In general, the work consists of clearing and grubbing, installation of temporary traffic control measures, disposal of material, removal of asphalt concrete , construction of raised intersection, construction of raised concrete median, installation of detectable warning surface, adjust sanitary sewer cleanout cover to grade, adjust sanitary sewer manhole cover to grade, adjust storm drain manhole cover to grade, adjust water valve cover to grade, install pre -formed thermoplastic crosswalk marking, install 12” thermoplastic pavement marking or crosswalk, paint curb red, installation of 4” diagonal stripe (white), and install new sign and post; and for all other work, items, or details including demolition and removals, that are required by the Drawings, State Standard Specifications, of these Special Provisions. Bid Additive work includes construction of construction of raised crosswalk, adjust storm drain manhole cover to grade, installation of pre -formed thermoplastic crosswalk marking, installation of solar rectangular rapid flashing beacon, installation of thermoplastic pavement marking, and installation of 12” thermoplastic pavement marking or crosswalk ; and for all other work, items, or details including demolition and removals, that are required by the Drawings, State Standard Specifications, of these Special Provisions.

The Engineer’s Estimate of Probable Construction Cost for the Base Bid Work is approximately:
$400,000 (Base Bid).
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Invitation for Bids
3 BID DOCUMENTS: Bid Documents can be obtained from the City of Richmond’s website www.ci.richmond.ca.us/bids. To download documents, new vendors will be required to register.

Once the vendor downloads any documents relative to a solicitation, that vendor’s name will appear on the prospective bidders list for that project and will receive any addenda or notifications relating to this bid.

BID DEPOSIT: A certified check or bank draft, payable to the order of the City of Richmond, negotiable U.S. Government Bonds (at par value) or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to ten percent (10%) of the total bid shall be submitted with each bid. A bidder shall not be relieved of the bid unless by consent of the City nor shall any changes be made in the bid because of mistake, but a bidder may bring an action in the Superior Court of Contra Costa County for recovery of any amount forfeited, without interest or costs. A bidder who claims a mistake or who forfeits his or her bid security shall be prohibited from participating in further bidding on the project.

WITHDRAWAL OF PROPOSALS: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the bidder or its duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time nor may any bid be withdrawn after the time fixed in the public notice for opening of bids.

DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected as not responsive.

PREVIOUS DISQUALIFICATION, REMOVAL, OR OTHER PREVENTION OF BIDDING:

A bid may be rejected on the basis of a bidder, any officer of such bidder, any employee of such bidder who has a proprietary interest in such bidder, or any listed subcontractor, having been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of any law or any safety regulation.

RESPONSIBILITY FOR VERIFYING CONTRACT ADDENDA: All bidders shall verify if any addenda for this project have been issued by the City of Richmond. It is the bidders’ responsibility to ensure that all requirements of contract addenda are included in the bidder’s proposal. All bidders shall include a signed copy of all contract addenda with the proposal.

Failure to comply with this requirement shall cause the proposal to be considered as non - responsive and shall be grounds for rejection of the bid.

CONTRACTOR’S LICENSE: All bidders are subject to California contractor’s licensing laws 303
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4 and the provisions of Business and Professions Code Section 7028.15. A California Type A Contractor’s license is required to bid this Contract. Joint ventures must secure a joint venture license prior to award of this Contract. A Concrete Contractor’s Type C -8 license must be held by the Contractor or as a listed sub -contractor. Other licenses may be required for additional specialty work.

MINIMUM WAGE RATES: Not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.

BID REVIEW: Bids may be held by the City of Richmond for a period not to exceed sixty (60) days from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of Bidders, prior to awarding of the Contract.

CITY’S RIGHT TO REJECT BIDS: The City of Richmond reserves the right to reject any or all Bids, or to waive any informality or minor irregularity in the bids.

BID PREPARATION COSTS: Bidders are solely responsible for the cost of preparing bids.

City of Richmond, a Municipal Corporation

Pamela Christian
City Clerk

END OF INVITATION FOR BIDS
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Instructions to Bidders
5 CITY OF RICHMOND

DEPARTMENT OF PUBLIC WORKS

INSTRUCTIONS TO BIDDERS

1. GENERAL INFORMATION

A. Bids are invited for construction for the LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS ONE BAY AREA GRANT FUNDING (OBAG 2)
FEDERAL-AID PROJECT NO. CML-5137(055)

B. Sealed bids will be received up to the time and date as indicated in the Invitation to Bid or as modified by Addenda. Bids received after that time will not be accepted.

1. Bids will be opened publicly via BidsOnline. Please visit the City’s website at www.ci.richmond.ca.us/bids to register as a vendor, to order bid documents, and to submit bid documents.

2. SITE VISIT

Bidders are strongly encouraged to visit the sites of the proposed work and fully acquaint themselves with the existing conditions. Bidders should fully inform themselves as to the facilities involved, the difficulties and restrictions attending the performance of the contract. Bidders should thoroughly examine and familiarize themselves with the Specifications and all other Contract Documents. The Contractor, by the execution of this Contract, shall in no way be relieved of any obligation under it, due to Contractor's failure to receive or examine any form or legal instrument, or to visit the site and acquaint themselves with the existing conditions. The owner will reject any claim based on facts regarding which the bidder should have been aware as a result of visiting the site or reading the Contract Documents.

3. PROPOSAL

To receive consideration, bids shall be made in accordance with the following instructions:

A. Bids shall be made upon the proposal form contained herein. All items shall be properly filled in; numbers shall be stated both in writing and in figures. The signatures shall be original. Any alterations, interlineations, or erasures must be initialed.

B. Bids shall be submitted only upon the items of bid stated in the specifications; bids upon other basis will not be considered. Bids that do not reference all addenda or that are not submitted on the prescribed forms may be rejected.

C. The City reserves the right to accept bids on work and alternatives listed in the bid form in sum total or individually or in any combination unless the bid form makes specific 305
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6 provision to the contrary.

D. Unless called for, alternative bids will not be considered.

E. Modification of bids already submitted will be considered only if received at the office designated in the invitation for bids by the time set for opening of bids.

F. Pursuant to the provisions of Section 4100 through 4113 of the Public Contracts Code of the State of California, every bidder shall, in his bid, set forth:

1) The Name and Location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent of the bidder’s total bid. 2) The portion of the work that will be done by each such subcontractor.

G. In the event that alternative bids are called for and bidder intends to use different or additional subcontractors on the alternative or alternatives, he shall fill out additional forms of the Subcontractors List and shall indicate on such forms whether they apply to the base or alternative bids.

H. If the bidder fails to specify a subcontractor for any portion of the work to be performed under the Contract in excess of one-half of one percent of the bidder’s total bid or, in the case of bids for the construction of streets and highways, including bridges, in excess of one-half of one percent of the total bid, or $10,000, whichever is greater, he agrees to perform that portion himself. The successful bidder shall not, without the consent of the City, either:

1) Substitute any person, firm, or corporation as subcontractor in place of the subcontractor designated in the original bid, or
2) Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid.

I. Bids shall be accompanied by a certified or cashier’s check, or an acceptable bidder’s bond for an amount not less than ten percent (10%) of the bid, made payable to the order of the City of Richmond, California. Said check or bond shall be given as a guarantee that the bidder will timely enter into a Contract and provide all required insurance and bonds if awarded the work. In the case of refusal or failure to timely provide all required documents and enter into said Contract, the check or bond, as the case may be, shall be forfeited to the City of Richmond, California, as provided by law.

J. Before submitting a bid, bidders shall carefully examine the Plans, Specifications, and the form of Contract, shall visit the site of work, and shall fully inform themselves as to all existing conditions and limitations, and shall include in the bid a sum to cover the cost of all items included in the Contract.

K. Bidders shall give unit prices for each and all of the items set forth. No aggregate 306
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7 bids will be considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid Sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and the bidder shall make its own estimates from the Plans and Specifications. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid price, and the bid total will be conformed accordingly.

L. Bids, and modifications thereof, if any, shall be delivered to the office of the City Clerk, City of Richmond, County of Contra Costa, California, on or before the day and hour set for the opening of bids in the Notice Inviting Bids, enclosed in a sealed envelope, and bearing the Project No. and Title of the work and the name of the bidder.

M. The contract may not be awarded to a Contractor who is ineligible pursuant to Section 1771.1 or 1777.7 of the Labor Code, nor may any subcontract be awarded to a subcontractor that who is ineligible pursuant to Section 1771.1 or 1777.7 of the Labor Code. In accordance with Section 1771.1 of the California Labor Code, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. In accordance with Section 1771.4 of the California Labor Code, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

4. CONTRACTOR’S LICENSE

No bid may be considered from a Contractor who, at the time the contract is awarded, is not licensed to perform the project in accordance with Division 3, Chapter 9, of the Business and Professions Code of the State of California. In the event of a dispute as to the classification of license required, the decision of the Contractor’s State License Board shall prevail. The classification of Contractor’s license required in the performance of this Contract is a Class A or C-12. Please note that there are other licensing requirements for particular items of work (e.g. landscaping); this licensing requirement may be satisfied by a listed subcontractor at time of bid.

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8 5. TIME LIMITS OF WORK

The work to be performed shall be completed within 60 working days for Base Bid work after execution of contract and Notice to Proceed has been issued. No additional working days will be compensated for the alternate additional bid items.

Seasonal Work Period: Project activities shall be limited to the period between May 1 and October 31. See Appendix D for Environmental Agency for other Avoidance and Minimization Measure.

6. WITHDRAWAL OF BIDS

Bids may be withdrawn by written request received from bidders prior to the time set for opening of bids.

7. INTERPRETATION OF PLANS AND SPECIFICATIONS

If there is doubt about the meaning of any part of Contract Documents, submit written request to the City of Richmond thru the BidsOnline Q&A tab.

Request for interpretations shall be delivered by the date and time indicated in the Invitation to Bid.

Bids shall be based only on interpretations as issued in addenda.

8. ADDENDA OR BULLETINS

Any Addenda or information issued during the time of bidding, or forming a part of the documents loaned to the bidder for the preparation of his bid, shall be noted in the bid in the place provided and shall be made a part of the Contract.

9. AWARDING OR REJECTION OF BIDS

The City reserves the right to reject the bid of any or all bidders, and to waive any informality in the bids received.

10. LAWS AND ORDINANCES

A. The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived. Prior to the start of work, the successful Contractor shall obtain all other required permits from the City of Richmond, for which the fees will not be waived.

The successful Contractor shall also obtain any other permits required from other agencies for the completion of the project, for which the fees will not be waived.

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9 B. If any Contractor, or any subcontractor used in the work by the Contractor, is currently in violation of any federal, state or local law or ordinance related to public works bidding or construction, the Contractor's bid may be deemed to be non - responsible.

C. For general information, questions, requests for clarification, or comments regarding compliance with all local, state, and federal ordinances must be submitted in writing using the electronic BidsOnline system discussed in the Invitation to Bid. All clarifications and interpretations affecting the project will be issued by written addenda on the BidsOnline system. No interpretation or clarification given orally or separately will be effective to alter or affect the solicitation documents unless confirmed by written addendum.

11. CONTRACT BONDS

General - The successful bidder shall furnish to the City of Richmond a Performance Bond and a Payment Bond required by the State of California Contract Act. Said bonds shall be furnished in a form satisfactory to the City. Each of said bonds shall be executed in an amount equal to one hundred percent (100%) of the total bid.

Faithful Performance - Refer to Performance Bond.

Payment Bond – Refer to Payment Bond. The Payment Bond shall guarantee payment of all claims for labor, materials, provisions, provender and supplies furnished and any amounts required to be deducted withheld and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractor pursuant to Section 18806 of the Revenue and Taxation Code. The bond shall satisfy all of the requirements set forth in Civil Code Section 3248.

Alterations - All alterations, extensions of time, extra and additional work, and other changes authorized by these Specifications or any part of the Contract may be made without securing the consent of the surety or sureties on the Contract bond.

12. SPECIAL NOTICE

Bidders are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed, and the Contractor must employ, so far as possible, such methods and means in the carrying out of his work as will not cause any interruption or interference with any other Contractor.

13. BIDDERS INTERESTED IN MORE THAN ONE BID

No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid, as Prime Contractor for the same work. A person, firm, or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, 309
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10 is not hereby disqualified from submitting a sub-proposal or quoting prices to other bidders.

14. BIDS TO BE LEFT ON DEPOSIT

Unless otherwise required by law, no bid, nor any part thereof, may be withdrawn by the bidder for a period of sixty (60) calendar days after the opening of the bids.

15. MANDATORY NON-COLLUSION AFFIDAVIT

A. The City will, before any award of the Contract is made, require any bidder to whom it may make an award of the principal Contract, to execute a Non-Collusion Affidavit.

B. The City may require that the principal Contractor shall, before awarding any subcontract, secure from the proposed subcontractor a Non-Collusion Affidavit.

16. INDEMNIFICATION AND INSURANCE

Attention is directed to Section 7-1.05, "Indemnification" of the State Standard Specifications and these Special Provisions.

Indemnification - Contractor shall indemnify, and shall cause all subcontractors to indemnify, the City in accordance with Section 3.4 of the Construction Agreement.

Insurance - Contractor shall provide and maintain the insurance requirements and limits as specified in the “City of Richmond – Insurance Requirements – Construction Projects”, attached in Appendix B for the duration of the contract, agreement, or other order of work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees, or subcontractors.

Insurance certificates and endorsements shall be reviewed and approved by the City’s Risk Management before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Upon notification of receipt by the City of a Notice of Cancellation, major change in coverage or expiration, Contractor shall file with the City a certified copy of the required new renewal policy and certificates for such policies.

If at any time during the life of the Contract or any extension the Contractor fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately and all payments due or that become due to the Contractor will be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance will be sufficient cause for City to terminate the Contract
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Instructions to Bidders
11 17. PERMITS

The Contractor shall obtain and pay for all building, plumbing, electrical, encroachment, and other permits required by the Contract, City Ordinance or any other agency, necessary for the construction of the work, unless otherwise specifically provided for in other contract documents. The Contractor and their subcontractors shall obtain and pay for all licenses required the City including a City business license. The Contract and its sub-Contractor are required to secure a City encroachment permit; the Contractor at its option may include one or more of their sub-Contractors under their encroachment permit. There will be no fee for City issued permits.

18. PREVAILING WAGE

A. All Contractors and Subcontractors performing services under this Contract shall pay their employees providing such services a minimum hourly prevailing wage rate as further described below.

B. In case of conflict between the Prevailing Wage as specified in this Section and any Federal Minimum Wage that may be specified elsewhere in these Specifications, the higher of the two shall prevail. Any amendments to the Federal Minimum Wage Determination issued up to 10 days prior to the bid opening date will become the part of the contract documents.

C. The Contractor and any subcontractor under the Contractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall forfeit to the State or political subdivision on whose behalf the contract is made or awarded a penalty of not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by the Contractor or by any subcontractor under the Contractor in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of the obligations under the Labor Code.

In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the 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 prevailing wage rate shall be paid to each worker by the Contractor or subcontractor.

If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the prime contractor of the 311
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Instructions to Bidders
12 project is not liable for the penalties described above unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:

1. The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.

2. The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

3. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.

4. Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor's employees on the public works project and any amounts due pursuant to Section 1813 of the Labor Code.

D. Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if the Department did not retain sufficient money under the contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, the Contractor shall pay all moneys retained from the subcontractor to the Department.

These moneys shall be retained by the Department pending the final decision of an enforcement action.
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Instructions to Bidders
13 E. Pursuant to the requirements in Section 1773 of the Labor Code, the City has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of the Labor Code, apprenticeship or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

F. The general prevailing wage rates and any applicable changes to these wage rates are available from the California Department of Industrial Relations' Internet Web Site at:
http://www.dir.ca.gov.

G. The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates. Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for bids and are good for the life of the contract. Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the contract. The Contractor shall contact the Department of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes.

H. Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.

I. Changes in general prevailing wage determinations which conform to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204 shall apply

to the project when issued by the Director of Industrial Relations at least 10 days prior to the date of the Notice to Contractors for the project.

J. The City of Richmond will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the bid, and will not under any circumstances be considered as the basis of a claim against the City on the contract.

19. GUARANTY

All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.
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Instructions to Bidders
14 The City is hereby authorized to make such repairs if within (10) days after giving written notice to the Contractor, or his agent, the Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor shall pay the costs thereof.

The Contractor shall, upon completion of the Contract and prior to filing of the Notice of Completion, post a Maintenance Bond in the amount of ten percent (10%) of the Contract value. The Maintenance Bond shall remain in full force and effect through the guaranty period of one (1) year.

20. EXECUTION OF CONTRACT

The contract shall be signed by the successful bidder and returned, together with the contract bonds and insurance endorsements, within ten (10) working days after the bidder has received the contract documents.

21. ASSIGNMENT

The performance of the Contract may not be assigned, except upon the written consent of the City. Consent will not be given to any proposed assignment that would relieve the original Contractor or its surety of their responsibilities under the Contract, nor will the City consent to any assignment of a part of the work under the Contract.

22. CONTRACTORS INDEPENDENT INVESTIGATION

No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of work under this Contract, as a result of failure on initial investigations or reports prepared by City for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.

23. SIGNATURE OF CONTRACTOR

Corporations:

The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk’s office.

Partnerships:
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Instructions to Bidders
15 The names of all persons comprising the partnership or co-partnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner is presented to the City Clerk, in which case the general partner may sign.

Joint Ventures:

Bids submitted as joint ventures must so state and be signed by each joint venture.

Individuals:

Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file in the City Clerk’s office, in which case said person may sign for the individual.

The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature.

24. CONDITIONAL CONTRACT AWARD

Notwithstanding any action by the City Council of Richmond to award a contract to a bidder, all contract awards are expressly conditioned on the timely provision of all required documents, including the executed Contract, to the City. The provision of all such documents is a condition precedent to the effectiveness of any contract award. Failure to provide any of the required documents may result in forfeiture of the bidders bid security as provided by law.

25. BID PROTEST

Any protest pertaining to the proposed award or any other matter relating to the bidding procedure must be submitted in writing to the City no later than 4:00 P.M. of the second business day following the date of bid opening. The protestor must have actually submitted a bid directly to the City on the Project or have been specifically excluded from filing a bid due to an action by the City. A subcontractor of a party filing a bid on this project may not submit a bid protest on its own accord. Each bid protest shall be accompanied by a check in the amount of $500.00 payable to the City of Richmond for each protest and shall constitute a non-refundable fee to reimburse the City for its costs in reviewing and investigating the bid protest. The City will review the bid protest and will issue its determination within a reasonable amount of time prior to bid award. These procedures and time limits are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest.

END OF INSTRUCTIONS TO BIDDERS
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Bid Proposal
16 City of Richmond
Department of Public Works

BID PROPOSAL
DATE: _____________________________

TO THE CITY CLERK OF RICHMOND, CALIFORNIA:

NAME OF BIDDER
_________________________________________________________________

BUSINESS P.O. BOX
________________________________________________________________

BUSINESS STREET ADDRESS
_______________________________________________________ (Please include even if P.O. Box used)

CITY, STATE, ZIP
__________________________________________________________________

TELEPHONE NO. AREA CODE (
)______________________________________________

FAX NO. AREA CODE ( )
_____________________________________________

CONTRACTOR LICENSE NO.
_______________________________________________________

LICENSE EXPIRATION DATE
_______________________________________________________

DEPARTMENT OF INDUSTRIAL RELATIONS NO.
____________________________________

LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENT
S ONE BAY AREA GRANT FUNDING (OBAG 2)
FEDERAL-AID PROJECT NO. CML-5137(055)

The work to be done and referred to herein is in the City of Richmond, Contra Costa County, State of California. Construction to be in accordance with the Special Provisions including the payment of not less than the minimum wage rates set forth herein and the Contract annexed hereto and also in accordance with the State Standard Specifications dated 2018, and the current 316
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Bid Proposal
17 "Equipment Rental Rates and the Contractor is hereby notified that this project is subject to prevailing wage rates as described in the Instructions to Bidders.

To the City of Richmond Department of Public Services:

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, firm or corporation; that they have carefully examined the location of the proposed work; and the Plans therein referred to; and they propose, and agree if this Proposal is accepted, that they will contract with the City of Richmond 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 Engineer as therein set forth, and that they will take in full payment therefor the following item prices to wit:

END OF BID PROPOSAL
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Bid Schedule
18 City of Richmond
Department of Public Works

BID SCHEDULE

AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each FA=Force Account LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs) LB = Pounds

LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS
ITEM
NO.

DESCRIPTION OF WORK EST.

QTY.

UNIT UNIT
PRICE
TOTAL
COST
Base Bid
1 Mobilization 1 LS
2 Traffic Control and Construction Area
Signs
1 LS
3 Remove Exist AC Speed Bump 110 SF
4 Construct Raised Intersection 3,080 SF
5 Construct Raised Concrete Median 190 SF
6 Install Detectable Warning Surface 2 EA
7 Adjust SSCO Cover to Grade 2 EA

8 Adjust SSMH Cover to Grade 1 EA
9 Adjust SDMH Cover to Grade 3 EA
10 Adjust Water Valve Cover to Grade 3 EA
11 Install Pre-Formed Thermoplastic
Crosswalk Marking
3,720 SF
12 Install 12” Thermoplastic Pavement
Marking or Crosswalk
570 LF
13 Paint Curb Red 200 LF
14 4” Diagonal Stripe (White) 160 LF
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Bid Schedule
19 15 Install New Sign and Post 2 EA

TOTAL BASE BID

Bid Additive #1
1A Mobilization 1 LS
2A Traffic Control and Construction Area
Signs
1 LS
3A Construct Raised Crosswalk 2,680 SF
4A Adjust SDMH Cover to Grade 1 EA
5A Install Pre-Formed Thermoplastic
Crosswalk Marking
1,110 SF
6A Install Solar Rectangular Rapid
Flashing Beacon
8 EA
7A Install Thermoplastic Pavement
Marking
140 SF

8A Install 12” Thermoplastic Pavement
Marking or Crosswalk
440 LF
TOTAL BID ADDITIVE #1

*NOTE: In case of error in extension of price into the total price column, the unit price will govern.

BID SUMMARY

BASE BID

TOTAL PRICE
IN FIGURES $

TOTAL PRICE IN
WORDS
BID ADDITIVE #1

TOTAL PRICE
IN FIGURES $

TOTAL PRICE IN
WORDS

The basis of award for this project is the Base Bid. The amount of the bid for comparison purposes will be the total of all items.

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Bid Schedule
20 The undersigned acknowledges the receipt of the following addenda to the drawings and specifications.

Addendum No. Date Addendum No. Date

The undersigned hereby certifies that they understand and agree that the items listed as Bid Alternates may be incorporated into the Contract Documents at the discretion of the City depending on the financial resources available at the time the contract is awarded. The undersigned herby certifies they understand and agree that regardless of whether the City incorporates the use of the Bid Alternates, the Low Bidder will be determined by the Total Bid (as shown above); which is the total of the Base Bid.

The undersigned hereby certifies that he has an appropriate license, issued by the State of California to provide this work; that such license will be in full force and in effect throughout the duration of construction; and that any and all subcontractors to be employed on this project will be similarly licensed.

Dated
California Contractor’s License No.

CONTRACTOR
Signature Print or Type Name and Title

REJECTION OF BIDS:

The undersigned agrees that the City of Richmond reserves the right to reject any or all bids and reserves the right to waive informalities in a bid or bids not affected by law, if to do so seems to best serve the public interest.

TIME

The undersigned agrees to furnish, within ten (10) working days from the receipt of the Notice of Award of Contract, the items required by Section SP-4 of the Special Provisions. The failure to timely provide such items may result in annulment of the award and forfeiture of the Proposal Guarantee.

The undersigned agrees to begin work within ten (10) working days after the date specified in the Notice to Proceed.

If the proposal is accepted, the undersigned agrees to execute the required agreement and furnish the required bonds within ten (10) working days from the date of signing of this Contract.

BID DEPOSIT
There is enclosed herewith, a certified check or surety bond in the sum of ten percent (10%) of the base bid

DOLLARS AND
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Bid Schedule
21 CENTS ($ ) made payable to the City of Richmond and the undersigned agrees that in case of his failure to execute the necessary contract and furnish the required bonds, the certified check or surety bond the money payable thereon, shall be and remain the property of the City.

NOTE: The estimated quantities listed in the Proposal Bid Sheet(s) are supplied to give an indication of the general scope of work, but the accuracy of these figures is not guaranteed and Bidder shall make his own estimates from the drawings. In case of a variation between the unit price and the totals shown by Bidder, the unit price will be considered to be the bid.

The unit price or lump sum prices to be paid for the items listed in the Proposal Bid Sheet shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details as shown on the plans and as specified herein. Any items shown on the plans, but not included in the bid items, shall be considered as appurtenant items. All costs shall be included within the appropriate item of the Contractor’s bid.

IMPORTANT NOTICE: On a separate sheet of paper, provide the following information. If bidder is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager; if co-partnership, state true name of firm and names of all individual co-partners composing firm; or, if individual, state first and last names in full.

Officer’s Signature Title Date

Officer’s Signature Title Date

Officer’s Signature Title Date

Signature and title of the officer(s) set forth above shall be authorized to sign contracts on behalf of the corporation, co-partnership, or individual. If signature is by an agent, other than an officer of the corporation or a member of a partnership, a Power of Attorney must be on file with the City prior to or at time of bid opening; otherwise, the bid will be subject to rejection by City Council.

Address of Bidder: Corporate Seal:

State of Incorporation

END OF BID SCHEDULE
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Subcontractor Form
22 City of Richmond
Department of Public Works

SUBCONTRACTOR FORM
(Required Listing of Proposed Subcontractors)

The Contractor certifies he/she has used the sub-bids of the following listed Contractors in making up his/her bid and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Works Code – “Subletting and Subcontracting Fair Practices Act.” No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Richmond pursuant to Section 4107 of the Public Contracts Code. The following information is required for each subcontractor. Additional pages can be attached if required.

City will not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.

Items
of
Work
Full Company
Name
Richmond
Firm?
Complete Address
with Zip Code
Phone No.
with Area Code

SUBCONTRACTOR’S LIST (Continued)

The bidder is to provide the following information on the sub bids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required.

Type of State
Contracting License &
DIR Registration
Number
Amount of Bid
($ or %)
322

Subcontractor Form
23 Number

*Licenses are renewable annually. If no valid license, indicate “NONE.” Valid license must be obtained prior to submission of signed contracts. This applies to all subcontractors.

NOTE: If alternate bids are called for, and Contractor intends to use different or additional subcontractors on the alternates, he/she must provide a separate list of subcontractors for each alternate.

_______________________________________
Signature of Bidder

323

Subcontractor Form
24 STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE

The Bidder is required to state what work of a similar character to that included in the proposed Contract that he or she has successfully performed in the last 5 years, especially for public agencies. Provide the number of similar projects, their description, and references, which will enable the City to judge his or her responsibility, experience, skill, and financial standing. Detail any involvement, past or current, relative to litigation or other disputes, if any, concerning your performance.

Signature of Bidder

324

Subcontractor Form
25 BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS

The Bidder is required to state any and all instances of being disqualified, removed, or otherwise prevented from bidding on or completing any contract for construction.

1. Have you ever been disqualified from any contract?

Yes No

2. If yes, explain the circumstances:

_

Signature of Bidder

END OF SUBCONTRACTOR FORM
325

Public Contract Code
26 City of Richmond
Department of Public Works

PUBLIC CONTRACT CODE

Public Contract Code Section 10285.1 Statement

In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the Bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has_____ has not_____been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of any public works contract as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term “bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a check mark after “has” or “has not” in one of the blank space provided. The above Statement is part of the Bid Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire

In accordance with Public Contract Code Section 10162, the Bidder shall complete under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes_____ No_____

If the answer is yes, explain the circumstances in the following space. 326

Public Contract Code
27 Public Contract Code Section 10232 Statement

In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor’s failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Bid Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

WORKERS’ COMPENSATION CERTIFICATION

I am aware of Section 3700 of the Labor Code, which requires 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.

By:

Title:

Date:

END OF PUBLIC CONTRACT CODE
327

Debarment and Suspension Certification
28 City of Richmond
Department of Public Works

DEBARMENT AND SUSPENSION CERTIFICATION

TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

END OF DEBARMENT AND SUSPENSION CERTIFICATION
328

Bidder’s Non-Collusion Affidavit
29 City of Richmond
Department of Public Works
BIDDER’S NON-COLLUSION AFFIDAVIT

(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)

(Must be executed by Bidder and submitted with Bid)

State of California )
) ss
County of )

, being first duly sworn, deposes and says that he or she is of
,
the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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 secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged the information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or any member or agent thereof to effectuate a collusive or sham bid.

Subscribed and sworn to before me this ____ day of 2023.

By:

Title

Notary Public

Date:

END OF BIDDER’S NON-COLLUSION AFFIDAVIT
329

Bidder’s Bond
30 City of Richmond
Department of Public Works

BIDDER’S BOND
Bond No. ______

KNOW ALL MEN BY THESE PRESENTS:

That We, , as Principal, and , as Surety, are hereby held and firmly bound unto the City of Richmond, in the penal sum of TEN PERCENT (10%) of the total bid submitted by said Principal to the City of Richmond for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, whereas the Principal has submitted to the City of Richmond a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the .

NOW, THEREFORE, if said bid submitted by the Principal be accepted and the contract be awarded to the Principal and the Principal shall, within ten (10) days after having received notice that the contract has been awarded to the Principal, enter into the Contract so awarded, shall furnish the required corporate surety bonds and insurance coverage verification and shall in all other respects perform the agreement created by the acceptance of the bid, then this obligation shall be void, otherwise the same shall remain in full force and effect.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the City of Richmond may accept such Bid; and said Surety does hereby waive notice of such extension.

330

Bidder’s Bond
31 As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Richmond in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals on this
_______day of___________, 202 .

By: __________________________________

Title_________________________________

By:__________________________________

Title:________________________________

Note: This bond must be dated, the surety’s signature must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.

END OF BIDDER’S BOND
331

Performance Bond
32 City of Richmond
Department of Public Works

PERFORMANCE BOND

Bond No. ____________

Whereas, The City Council of the City of Richmond, State of California, and __________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________, 202_, and identified as project __________, is hereby referred to and made a part hereof; and

Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the principal and __________, as surety, are held and firmly bound unto the City of Richmond (hereinafter called “City”), in the penal sum of __________ dollars ($__________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their 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 City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise 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 agreement or to the work or to the specifications.

332

Performance Bond
33 In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 202__.

By: _________________________

Title: _________________________

By: _________________________

Title: _________________________

END OF PERFORMANCE BOND
333

Payment Bond
34 City of Richmond
Department of Public Works

PAYMENT BOND
(LABOR AND MATERIALS)

Bond No. ____________

Whereas, The City Council of the City of Richmond, State of California, and __________ (hereinafter designated as “the principal”) have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated __________, 202__, and identified as project __________, is hereby referred to and made a part hereof; and

Whereas, Under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Richmond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

Now, therefore, the principal and ____________, as corporate surety, are held firmly bound unto the City of Richmond (hereinafter called “City”) and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of __________ dollars ($ __________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, 334

Payment Bond
35 extension, alteration, or addition.

In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 202__.

By: _________________________

Title: _________________________

By: _________________________

Title: _________________________

END OF PAYMENT BOND
335

Warranty Bond
36 City of Richmond
Department of Public Works

WARRANTY BOND

City of Richmond (“City”) and ____________________________ (“Contractor”) have entered into a contract, dated _________________, 20___ (“Contract”) for work on the LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS (“Project”). The Contract is incorporated by reference into this Warranty Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and _______________ __________, its surety (“Surety”), are bound to City as obligee in the maximum amount of 15% of the final Contract Price, unless otherwise specified in the Contract Documents.

2. Warranty Period. The Contract requires Contractor to guarantee its work and that of its Subcontractors on the Project, against defects in materials or workmanship which are discovered during the one-year period commencing with City’s acceptance of the Project (“Warranty Period”).

3. Surety’s Obligations. If Contractor faithfully carries out and performs its guarantee under the Contract, and, on due notice from City, repairs and remedies, at its sole expense, any and all defects in materials and workmanship in the Project which are discovered during the Warranty Period, or if Contractor promptly reimburses City for all loss and damage that City sustains because of Contractor’s failure to makes such repairs in accordance with the Contract requirements, then Surety’s obligations under this Bond will be null and void.

Otherwise, Surety’s obligations will remain in full force and effect.

4. Waiver. Surety waives the provisions of Civil Code §§ 2819 and 2845.

5. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

Attn: _________________________________________________ Address: ______________________________________________ City/State/Zip: _________________________________________ Phone: _______________________________________________ Fax: _________________________________________________ Email: ________________________________________________

6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Contra Costa County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to 336

Warranty Bond
37 enforce the provisions of this Bond.

7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20_________.

[Signatures are on the following page.]
337

Warranty Bond
38 SURETY:

___________________________________
Business Name

s/__________________________________ ______________________________ Date
___________________________________
Name, Title

(Attach Acknowledgment with Notary Seal and Power of Attorney)

CONTRACTOR:

___________________________________
Business Name

s/__________________________________ ______________________________ Date
___________________________________
Name, Title

APPROVED BY CITY:

s/ __________________________________ ______________________________ Date
____________________________________
Name, Title

END OF WARRANTY BOND
338

First Source Agreement
39 City of Richmond
Department of Public Works

FIRST SOURCE AGREEMENT

1. GENERAL INFORMATION

A. The City of Richmond First Source Agreement shall be executed between the Prime Contractor and the City of Richmond at a time during the Contract Award as directed by the City of Richmond.

B. A sample copy of this agreement along with any pertinent exhibits is in Appendix A.

END FIRST SOURCE AGREEMENT
339

Contract
40 City of Richmond
Department of Public Works

CONTRACT

CONSTRUCTION AGREEMENT

This Construction Agreement (“Agreement”) is made and entered into this ____ day of ____, 201_, by and between the City of Richmond, a municipal corporation and charter city (“City”) and __________________ (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

RECITALS

A. On ______________, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of _________________, located at ____________ (the “Project”).

B. Contractor submitted the lowest responsive bid and has been determined to be responsible.

C. City now desires to contract with Contractor to furnish construction and related services for the Project.

NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:

ARTICLE I

CONSTRUCTION OF PROJECT

Section 1.1 Contract Documents.

Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids [THIS

LIST MAY BE MODIFIED TO PROVIDE A MORE DETAILED DESCRIPTION OF THE DOCUMENTS FOR YOUR PROJECT – FOR EXAMPLE, YOU MAY SPECIFY THE NUMBER OF RFI/RESPONSES TO RFI THAT RE INCLUDED] – Contractor’s Proposal as attached, and this Agreement, constitute the “Contract Documents.”

340

Contract
41 Section 1.2 Construction.

Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.

Section 1.3 Payments.

Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.

Section 1.4 Discovery of Hazardous Waste or Unusual Conditions.

(a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement.
(c) 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 Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

Section 1.5 Laws and Regulations.
341

Contract
42 (a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof.

(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.

(c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City's Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City's Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City's Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56). During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.

(d) Contractor and all subcontractors shall maintain accurate payroll records 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 and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 342

Contract
43 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance. Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.

Section 1.6 Inspections.

Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.

Section 1.7 Equal Opportunity.

(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.

(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Section 1.8 Working Hours.

Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.

Section 1.9 Insurance and Bond Requirements.

(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861.

(b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project 343

Contract
44 Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days.

The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor's receipt of the City's approval of evidence of insurance coverage related to the construction of the Project.

(c) Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder's Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.

(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.

Section 1.10 Security In Lieu of Retention.

(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.

1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor.

Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.

2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the 344

Contract
45 Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."

For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:

(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner.

(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.

(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.

(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to 345

Contract
46 withdrawal by Contractor at any time and from time to time without notice to the Owner .
(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.

(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.

(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.

(9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.

(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address

346

Contract
47 At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature

Section 1.11 Senate Bill 854 Notice Requirements.

As provided in SB 854: a) no contactor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered with the Department of Industrial Relations (DIR) and qualified to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(a)]; b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(b)]; and c) work performed on the project is subject to compliance monitoring and enforcement by the DIR [Gov't Code Section 1771.4].

Section 1.12 Job Site Notices.

Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.

ARTICLE II

DEFAULT AND REMEDIES

Section 2.1 Events of Default.

In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.

Each of the following shall constitute a "Default" by Contractor under this Agreement:

(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City 347

Contract
48 informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.

(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.

(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.

(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.

(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.

Section 2.2 Remedies.

The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:

(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.

(b) Right of Contest. Contractor shall have the right to contest in good faith any 348

Contract
49 claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder. Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.

(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person.

Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.

Section 2.3 Waiver of Damages.

Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.

ARTICLE III

GENERAL PROVISIONS

Section 3.1 Relationship of Parties.

Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.

Contractor shall be solely responsible for its own acts and those of its agents and employees.

Section 3.2 Change Orders.

(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:

1. The work performed in connection with the change to be made;

2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump 349

Contract
50 sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2010 State of California Department of Transportation Standard Specifications; and

3. The amount of time to be adjusted in the schedule for performance, if any.

(b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.”

(c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.

(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.

(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.

Section 3.3 Claims By Contractor.

(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project.

(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER, then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice to the City that expressly invokes this Section 3.3 and requests a determination of the issue. City shall decide the issue in writing within 15 days; City’s decision shall be final and the limitations period for the filing of a claim shall commence upon the City’s issuance of its decision. If Contractor disagrees with City’s decision, or if Contractor contends that City failed to provide a timely decision, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to file a written claim setting forth Contractor’s position as required herein.

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51 (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.

Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.

Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim.

(d) Administration After Claim Submittal.

1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (if the Claim is for less than $50,000) or within sixty (60) days (if the Claim is for $50,000 or more) of submittal, it shall be deemed denied.

2. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.

3. After their submittal, claims less than $375,000 shall also be subject to Section 20104 of the Local Agency Public Construction Act.

(e) Compliance

1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100th day after the earlier of (i) the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.

2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.

3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and 351

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52 Contractor. Oral or implied modifications shall be of no force or effect.

Section 3.4 Indemnification.

(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs (collectively, "Claims"), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors' employees), or damage to property of any kind, or any other injury or damage whatsoever, which Claims arise out of or are in any way connected with the construction of the Project, regardless of Contractor's fault or negligence; provided, however, that Contractor's, and Contractor's subcontractors' indemnity obligations hereunder shall not apply to the extent any Claims are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Claims asserted after termination of this Agreement for whatever reason.

(b) In Claims against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts or other employee benefit acts.

Section 3.5 Non-Liability of City Officials, Employees and Agents.

No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement.

Section 3.7 Conflict of Interest.

(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have 352

Contract
53 family or business ties, during, or at any time after, such person's tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.

(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.

Section 3.8 Notices, Demands and Communications.

If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and

(1) if intended for the City shall be addressed to:

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: XXXX

With copy to:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney

(2) if intended for Contractor shall be addressed to:

XXXX
XXXX
XXXX
Attn: XXXX

Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.

Section 3.9 Applicable Law.

This Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and 353

Contract
54 prosecuted in the courts of Contra Costa County, California.

Section 3.10 Parties Bound.

Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law.

This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.

Section 3.11 Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.

Section 3.12 Force Majeure.

Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.

Section 3.13 Waivers.

Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or 354

Contract
55 applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City's written consent to future waivers.

Section 3.14 Title of Parts and Sections.

Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions.

Section 3.15 Entire Understanding of the Parties.

The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.

The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.

Section 3.16 Multiple Originals; Counterpart.

This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.

WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.

Reviewed By:

_______________________
City Attorney

ATTEST:

_______________________________
City Clerk

CITY:

CITY OF RICHMOND, a municipal corporation and
charter city

By: _________________________________

Name: _________________________________
Its: __________________________________

CONTRACTOR:

XXXX
355

Contract
56 By: _________________________________

Name: _________________________________
Its: _________________________________

END OF CONTRACT
356

Special Provisions
57 SPECIAL PROVISIONS
The legal relationship and responsibilities of the parties, including but not limited to the obligation to arbitrate claims hereto and the work embraced herein shall be done in accordance with the Standard Specifications and Standard Plans dated 2018 of the California Department of Transportation, and the most recent Standard Plans of the City of Richmond, California, in so far as the same may apply and in accordance with the Project Plans and these Special Provisions.

These Special Provisions are additions, modifications, and/or clarifications to the Standard Specifications of the California Department of Transportation. The numbers in parenthesis shown in the section and subsection headings of these Special Provisions refer to the State Standard Specifications Sections.

Refer to Section SP-1 of these Special Provisions for the order of precedence of the above contract documents in case of any conflict.
357

Section SP-1 - Specifications and Plans
58 SECTION SP-1 - SPECIFICATIONS AND PLANS

The work embraced herein shall be performed in accordance with the Standard Specifications dated 2018 (as amended), of the State of California, Department of Transportation, insofar as the same may apply and in accordance with the following Special Provisions.

In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over, and shall be used in lieu of, such conflicting portions.

The following Standard Plans are herewith part of these Special Provisions:

Caltrans Standard Plans (2018 edition):

A3
A
A3
B
A3
C
A20
B
A24E
RSP
A88A
RSP
A88B

City of Richmond Standard Plans (http://www.ci.richmond.ca.us/167/Standard-Plans)

ST-
1A
ST-
1E

Latest edition of the MUTCD California Supplement

DEFINITIONS AND TERMS

As used herein, unless the context otherwise requires, the following terms shall have the following meaning: Department of Transportation - the City Council of the City of Richmond.

Director of Transportation - the City Engineer of the City of Richmond.

Engineer - the City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

Laboratory - the City of Richmond Material Testing Laboratory or the designated laboratory authorized by the City of Richmond to test materials and work involved in the contract. 358

Section SP-1 - Specifications and Plans
59 Office of Administrative Hearings - the City Council of the City of Richmond.

Standard Specifications or State Standard Specifications - the 2018 edition of the Standard Specifications of the State of California (as amended), Business and Transportation Agency, Division of Transportation.

State - the City of Richmond.

The Contractor shall maintain a control set of Plans and Specifications on the project site at all times.

All final locations determined in the field, and any deviations from the Plans and Specifications, shall legibly be marked to scale in red, both graphically and dimensionally on this control set to show the as- built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.

Adjustments to the layout of this plan may be necessary due to the unknown existing conditions. It is the Contractor’s responsibility to retain the design intent. If a layout discrepancy should occur, the Contractor is to contact the Engineer.

The Contractor shall prepare and submit a work plan and progress schedule in accordance with Section 8-1.04 "Progress Schedule" of the Standard Specifications and in a form provided by or acceptable to the Engineer. The above items shall clearly disclose the Contractor’s proposed procedures and methods of operation, including identifying any special equipment intended for use on the project. The Contractor shall allow five (5) working days for review and approval of this item by the Engineer. The Progress Schedule will be reviewed weekly for accuracy. Any modifications to the Progress Schedule shall be submitted to the City in writing. Modifications to the Progress Schedule will not constitute approval for a work schedule extension.

The Contractor shall submit a separate weekly schedule, separate from the entire project schedule, which shall clearly show where and at what time the Contractor anticipates working. This separate weekly schedule shall be suitable for publishing in the local paper. A digital version and paper copy of the separate weekly schedule shall be submitted to the Engineer no later than Wednesday preceding the workweek. The City shall have the right to publish part of this schedule on the City’s web page or in a local publication.

No work may begin under the contract until the Engineer has approved the progress schedule. Time required for review and approval of these items shall not constitute a basis for time extension.

MEASUREMENT AND PAYMENT
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 therefor.
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Section SP-2 - Bidding
60 SECTION SP-2 - BIDDING

The bidder's attention is directed to the provisions in Section 2, "Bidding," of the Standard Specifications and these Special Provisions for the requirements and conditions which must be observed in the preparation of the proposal form and submission of the bid.

Section 2-1.06 “Bid Documents”, 2-1.15 “Disabled Veteran Business Enterprises”, 2-1.18 “Small Business and Non- small Business Subcontractor Preferences”, 3-1.02B “Tied Bid Resolution”, 2-1.27 “California Companies”, and 2-

1.47 “Bid Relief” of the Standard Specifications shall not apply.

The second and third paragraph of Section 2-1.33A “General” of the Standard Specifications shall not apply. All bid forms shall be submitted under one hard copy sealed cover. Faxed or emailed bid documents will not be accepted.

All proposals (bids) shall be made on blank forms downloaded from the City of Richmond website http://www.ci.richmond.ca.us/ where all the Bid Documents shall be obtained.

Award of Tie Bids: If two or more bids are the same and the lowest, the City shall accept that of the local bidder, if there is one; otherwise, it may accept the one it chooses.

See Section 2.52.344(b) of Municipal Code for Code for City preferences for Recycled Products.

All proposals must give the prices proposed in figures and shall be signed by the bidder, who shall fill out all blanks in the Proposals forms.
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Section SP-3 – Award and Execution of Contract
61 SECTION SP-3 - AWARD AND EXECUTION OF CONTRACT

Within ten (10) working days after the date of the Notice to Award, the Contractor shall execute and return the following contract documents to the Agency:

1. Contract Agreement

2. Faithful Performance Bond

3. Payment Bond

4. Public Liability and Property Damage Insurance Certificate

5. Worker’s Compensation Insurance Certificate

6. Indemnification - Contractor shall indemnify, and shall cause all subcontractors to indemnify, the City in accordance with Section 3.4 of the Construction Agreement

Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the Agency until executed by the authorized Agency officials. A corporation to which an award is made may be required, before the Contract Agreement is executed the Agency, to furnish evidence of its corporate existence, of its right-to- enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so.

CONTRACT BONDS
Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995-660(a). The Bidder shall pay all bond premiums, costs, and incidentals.

Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. Each bond shall name the City as beneficiary.

The Bidder shall provide two (2) good and sufficient surety bonds. The “Payment Bond” (Material and Labor Bond) shall be for not less than 100 percent of the Contract Price, to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work. The bond shall be maintained by the Contractor in full force and effect until the work is accepted by Agency and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code.

The “Performance Bond” shall be for 100 percent of the Contract Price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the Agency, and that all materials and workmanship will be free from original or developed defects.

Should any bond become insufficient, the Contractor shall renew the bond within ten (10) days after receiving notice from the City.

Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to that 361
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Section SP-3 – Award and Execution of Contract
62 effect. No further payments shall be deemed due or will be made under the Contract until a new Surety shall qualify and be accepted by the City.

Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligation. Notice of such changes or extensions shall be waived by the Surety.

Both the Faithful Performance Bond and the Payment Bond shall be for not less than one hundred percent (100%) of the total contract amount for each Bond. Both the Faithful Performance Bond and the Payment Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion.

MEASUREMENT AND PAYMENT

Full compensation for Bonds shall be considered as included in the price paid for the various bid items and no additional compensation shall be allowed therefor. 362
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Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 63 SECTION SP-4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED

DAMAGES

Attention is directed to the provisions in Section 8 1.04, "Start of Job Site Activities," Section 8

1.05, "Time," and Section 8 -1.10, "Liquidated Damages," of the Standard Specifications and these Special Provisions.

The Contractor shall commence work within 72 hours, or as directed by the City Engineer, upon receipt of directions to proceed in the “Authorization to Proceed” for each location(s), and complete the work within the allotted time of:

60 WORKING DAYS

as specified in the Authorization.

LIQUIDATED DAMAGES
For each consecutive calendar day in excess of the time specified, as adjusted in accordance with Section 8-1.07 of the State Standard Specifications, for completion of the work, the Contractor shall pay to the Agency, or have withheld from monies due it, the sum as set forth in the contract agreement, liquidated damages.

The Contractor shall pay to the City of Richmond the sum of $1,000 per calender day for each and every calendar day of delay in finishing the work in excess of the number of working days prescribed above. Failure to provide adequate work force to complete the work in a timely manner shall be considered as grounds for liquidated damages.

In addition, the City shall have the right to charge the Contractor and to deduct from the payments for the work the actual cost to the City for engineering, inspection and other overhead expenses which are directly chargeable to the Contract and which accrue during the period of such delay.

The expenses and damages described above shall be deducted from any money due to the Contractor under this Contract. The Contractor and his sureties shall be liable for any such costs.

HOURS OF WORK
The Contractor shall not work on Saturdays, Sundays and City of Richmond holidays, nor between the hours of 5:00 p.m. and 8:00 a.m., without the written permission of the City Engineer, except where specifically noted otherwise in these special provisions. Work performed on Saturdays, Sundays, City Holidays, or between the hours of 5:00 p.m. and 8:00 a.m. shall comply with the noise standards set forth in Section 14-8.

Noisy work, such as removal of concrete using jackhammer etc., shall NOT be performed at the curb ramps adjacent to the County Courthouse during court working hours of 8:00 a.m-5:00 p.m.

Non-noisy work such as forming, pouring of concrete et., can be performed during regular working hours. Contractor shall noisy work during non -working hours or Court holidays, as directed by the engineer.

The temporary full closure of streets is not permitted without the advance approval of the Engineer. 363
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Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 64 When lane closures are made for daily work periods, at the end of each work period, all components of the traffic control systems shall be removed from the traveled way and shoulder.

The Contractor shall schedule and sequence his/her operations within the specified hours for lane closures such that lanes closed for the street work shall remain closed until applied pavement materials (asphalt concrete, pavement delineation, etc.) have sufficiently cured to accommodate traffic. All lanes shall be reopened to public traffic no later than the end of the allowed lane closure hours.

City of Richmond Holiday Schedule:

Holiday Date
New Year's Day Monday, January 1st
Martin Luther King, Jr.'s Day Tuesday, January 16th
Presidents' Day Tuesday, February 20th
Memorial Day Wednesday, May 29th
Independence Day Thursday, July 4th
Labor Day Wednesday, September 4th
Indigenous Peoples Day Wednesday, October 9th
Veterans' Day (Observed) Monday, November 11th
Thanksgiving Day Thursday, November 23nd
Day after Thanksgiving Friday, November 24th
Christmas Day Wednesday, December 25th

The City reserves the right to terminate this contract at any time provided that the City furnished the Contractor with a ten-day written notice prior to the termination of contract.

Where Section 8 1.04B of the Standard Specifications refers to the Attorney General or the Attorney appointed to represent the Department of Transportation, this shall be taken to mean the City Attorney of the City of Richmond.

MEASUREMENT AND PAYMENT
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 therefor.
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Section SP-5 – General
65 SECTION SP-5 - GENERAL

DEFINITIONS

Agency/City - City of Richmond

Board - City Council

Caltrans - California Department of Transportation

City - City of Richmond

Country - County of Contra Costa

Director - The Director of Public Works / City Engineer, City of Richmond, acting either directly or through his properly authorized agents, each agent action only within the scope of authority designated to him.

Engineer - The Director of Public Works / City Engineer, City of Richmond, acting either directly or through his properly authorized agents, each agent action only within the scope of authority designated to him.

Federal - United States of America

Final Acceptance - Final Acceptance is defined as that stage of construction which allows the City to accept the project as completed (no punch list items remaining unresolved).

When the Contractor believes that the project is ready for final acceptance, he shall call for a final acceptance inspection. The Director will inspect the project to verify its completion. Should there be elements that are not completed, the Director will record same (final acceptance punch list) and bring them to the attention of the Contractor. All punch list items must be resolved prior to final acceptance.

When, in the Director’s judgment, the work has been completed in accordance with the plans and specifications and is ready for final acceptance, he will so certify to the Board, which may accept the completed work. Upon acceptance of the work by the Board, the City Clerk will file the Notice of Completion with the County Recorder.

State Standard
Specifications
- Standard Specifications, State of California, Department of Transportation, dated 2018 (or current version), including all revisions and amendments.

City Standard
Details

Contra Costa
County
-

-
City of Richmond Department of Public Works Standard Details

Contra Costa County Public Works Department – Standard Details Dated March 2014
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Section SP-5 – General
66 Standard
Details

Substantial
Completion
- Substantial Completion is defined as that stage of construction, which allows the Director to occupy or use the project for its intended purpose. When a project includes a plant establishment period, the date of the start of the plant establishment period may, at the discretion of the Director, be used as the basis for determining the substantial completion date, provided that all elements of the project, other than the landscape, are substantially completed as defined above.

The substantial completion date will be determined by the Director in cooperation with the Contractor and establish the termination of the time period for construction, and this date is used as a basis for determining whether liquidated damages are assessable. In no case shall the plant establishment period end prior to the final acceptance of the project.

When the Contractor believes that construction of the project is substantially complete, he shall call for an inspection. The Director will inspect the total project to verify its completion by the Contractor. Should there be elements of the project that are not yet completed, the Director will record same (substantial completion punch list) and bring them to the attention of the Contractor. All such items must be completed prior to acceptance of the project substantially complete.

In the event re-inspection of any project element results in additional cost to the City for consultant or staff time, the Director retains the right to withhold sufficient funds from payments due the Contractor to cover the cost to the City of such re-inspection.

Traveled Way - That portion of the roadway reserved for the movement of vehicles for the general public, exclusive of shoulders and auxiliary lanes. When traffic has been diverted or restricted to certain lanes, with the approval of the Traffic Engineer, these diversions or restricted lanes become the traveled way.

CITY NOTES

1. All material and workmanship shall fully conform with the Specifications, standards, and ordinances of the City of Richmond. Standard specifications and details are available in the office of the City Engineer.

2. The office of public works inspection shall be notified at least 24 hours in advance of any work.

3. It shall be the contractor's responsibility to determine the existence and location of all utilities. The underground contractor shall notify utility companies at least 48 hours in advance of construction to field locate utilities. Contact underground service alert at 800-227-2600.

1. The contractor shall be held responsible for any field changes made without written authorization from the City Engineer.

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Section SP-5 – General
67 6. All existing utilities and private improvements that become damaged during construction shall be completely restored to the satisfaction of the City Engineer, at contractor's sole expense.

7. The contractor agrees that, in accordance with generally accepted construction practices, the contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property and that this requirement shall be made to apply
continuously and not just during normal working hours.

8. Excavations shall be adequately shored, braced and sheeted so that the earth will not slide or settle and so that all existing improvements of any kind will be fully protected from damage. Any damage resulting from a lack of adequate shoring, bracing or sheeting, shall be the responsibility of the contractor and shall make necessary repairs or reconstruction at contractor own expense. Where the excavation for a conduit trench, and/or structure is five feet or more in depth, the contractor shall provide adequate sheeting, shoring and bracing or equivalent method, for the protection of life, or limb, which shall conform to the applicable construction safety orders of the division of industrial safety of the state of California. The contractor shall always comply with OSHA requirements.

9. Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained on these plans, the contractor shall contact the Engineer for such further explanations as may be necessary. Existing utilities shall be maintained in service and in place by the contractor during construction unless otherwise shown. References to the state standard specifications and standard Plans refer to 2018 edition.

10. All USA marking to be removed at end of construction.

11. Contractor shall comply with all regulatory agency permit requirements. The qualified biologist, biological surveys, and related reports will be provided by the city.

NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM
(GOV. CODE, SECTION 12990)

Your attention is called to the “Nondiscrimination Clause”, set forth in Section 7-1.02I(2), “Nondiscrimination,” of the State Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the “Standard California Nondiscrimination Construction Contract Specifications” set forth herein. The State Standard Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more.

The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.

POTENTIAL CLAIMS AND DISPUTE RESOLUTION
Section 5-1.43, “Potential Claims and Dispute Resolution,” of the State Standard Specifications is amended to read:

Section 5-1.43, “Potential Claims and Dispute Resolution,” -- The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or 367
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68 refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have given the Engineer due written notice of potential claim as hereinafter specified.

Compliance with this Section 9-1.04 shall not be a prerequisite as to matters within the scope of the protest provisions in Section 4-1.05, “Changes and Extra Work,” or Section 8-1.05, “Time,” or the notice provisions in Section 4-1.06, “Differing Site Conditions,” or Section 8-1.10, “Liquidated Damages,” or Section 5-1.36C, “Non-Highway Facilities,” nor to any claim which is based on differences in measurements or errors of computation as to contract quantities.

The written notice of potential claim shall be submitted to the Engineer prior to the time that the Contractor performs the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within 15 days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim.

The written notice of potential claim shall be submitted on Form CEM-6201 furnished by the Department and shall be certified with reference to the California False Claims Act, Government Code Sections 12650 - 12655. The notice shall set forth the reasons for which the Contractor believes additional compensation will or may be due and the nature of the costs involved. Unless the amount of potential claim has been stated in the written notice, the Contractor shall, within 15 days of submitting said notice, furnish an estimate of the cost of the affected work and impacts, if any, on project completion. Said estimate of costs may be changed or updated by the Contractor when conditions have changed. When the affected work is completed, the Contractor shall submit substantiation of his actual costs. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim.

It is the intention of this Section 5-1.43 that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.

Should the Contractor, in connection with or subsequent to the assertion of a potential claim, request inspection and copying of documents or records in the possession of the Department that pertain to the potential claim, Contractor shall make its record of the project, as deemed by the Department to be pertinent to the potential claim, available to the Department for inspection and copying.

SUBCONTRACTING

Attention is directed to the provisions in Section 5-1.13, "Subcontracting" of the Standard Specifications and these Special Provisions.

The Contractor shall perform with his own organization contract work amounting to not less than 30 percent (30%) of the original total contract price, except that any designated Specialty Items may be performed by the subcontractor and the amount of such Specialty Items so performed may be deducted from the original total contract price before computing the amount of work required to be performed by the Contractor with his own organization.

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69 PARTIAL PAYMENTS

Attention is directed to Section 9-1.16E, “Withholds” of the Standard Specifications. Retention will be 5% in accordance with Public Contract Code Section 7201. Section 9 -1.16F “Retentions” of Standard Specifications shall not apply.

The City reserves the right to retain five percent (5%) of the estimated value of the work completed.

The retained funds shall be released to the Contractor no sooner than 30 days after the work acceptance by the City of Richmond City Council. In accordance with Public Contract Code Section 22300, as amended and incorporated herein by reference, the Contractor may substitute securities for moneys withheld to ensure contract performance.

Subject to the exceptions set forth at Public Contract Code Section 7200, in a contract between the Contractor and any subcontractor, and in a contract between a subcontractor and any subcontractor there under, the percentage of the retention proceeds withheld shall not exceed the percentage herein specified. If the Contractor elects to substitute securities for retention, the Contractor may withhold from his or her subcontractors who have not elected to substitute securities for retentions, the amount of retentions that would have otherwise been withheld from payments to the Contractor.

No partial payments will be made for any materials on hand which are furnished but not incorporated in the work.

PAYMENT OF WITHHELD FUNDS

The City shall hold 5% retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

FINAL PAYMENT AND CLAIMS
CONTRACTOR’S AFFIDAVIT AND FINAL RELEASE. After completion of all contract work and prior to requesting release of any moneys held in retention or final payment by the CITY, the CONTRACTOR shall fully execute and deliver to the CITY the document entitled “Affidavit and Final Release,” included in the contract (page C-15).

Section 9-1.17D, “Final Payment and Claims,” of the State Standard Specifications is amended to read:

9-1.17D Final Payment and Claims -- After acceptance by the Director, the Engineer will make a proposed final estimate in writing of the total amount payable to the Contractor, including therein an 369
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70 itemization of said amount, segregated as to contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the contract. All prior estimates and payments shall be subject to correction in the proposed final estimate. The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the contract so that the Engineer receives such written approval or statement of claims no later than close of business on the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of such written approval or statement of claims by the Engineer shall not be later than close of business of the next business day. No claim will be considered that was not included in the written statement of claims, nor will any claim be allowed as to which a notice or protest is required under the provisions in Sections 4-1.05, “Changes and Extra Work,” 8-1.05, “Time,” 8-1.10, “Liquidated Damages,” 4-1.06, “Differing Site Conditions,” 5-1.36C, “Non-Highway Facilities,” and Section 5-1.43, “Potential Claims and Dispute Resolution,” unless the Contractor has complied with the notice or protest requirements in said sections.

On the Contractor’s approval, of if he files no claim within said period of 30 days, the Engineer will issue a final estimate in writing in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City will pay the entire sum so found to be due. Such final estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except as otherwise provided in Sections 5-1.27, “Records,” and 9-1.21, “Clerical Errors.”

If the Contractor within said period of 30 days files claims, the Engineer will issue a semifinal estimate in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City will pay the sum so found to be due. Such semifinal estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except insofar as affected by the claims filed within the time and in the manner required hereunder and except as otherwise provided in Sections 5-1.27, “Records,” and 9-1.21 “Clerical Errors.”

Claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. If additional information or details are required by the Engineer to determine the basis and amount of said claims, the Contractor shall furnish such further information or details are received by the Engineer no later than the fifteenth day after receipt of the written request from the Engineer. If the fifteenth day falls upon a Saturday, Sunday or legal holiday, then receipt of such information or details by the Engineer shall not be later than close of business of the next business day.

Failure to submit such information and details to the Engineer within the time specified will be sufficient cause for denying the claim.

The Contractor shall keep full and complete records of the costs and additional time incurred for any work for which a claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Failure to permit access to such records shall be sufficient cause for denying the claims.

Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:

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71 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,

_____________________________________________________,
(Name)
____________________________________________________Of
(Title)
_____________________________________________________,
(Company)

Hereby certifies that the claim for the additional compensation and time, if any, made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties.

Dated_______________________________________________

/s/___________________________________________________

Subscribed and sworn before me this ______ day of _________

______________________________________________________
Notary Public
My Commission Expires_________________________________

Failure to submit the notarized certificate will be sufficient cause for denying the claim.

Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant. Any such overhead claim shall also be subject to audit by the City at its discretion.

Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act.

The Engineer will make the final determination of any claims which remain in dispute after completion of claim review by the Engineer. A board or person designated by said Engineer. The Contractor may meet with the review board or person to make a presentation in support of such claims.

Upon final determination of the claims, the Engineer will then make and issue his final estimate in writing and within 30 days thereafter the City will pay the entire sum, if any, found due thereon. Such final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except as otherwise provided in Sections 5-

1.27, “Records,” and 9-1.21, “Clerical Errors

Claims within the meaning of this section shall refer to all types of claims in whatever manner made by the Contractor, whether written or verbal, whether formal or informal, including requests for extra compensation through Daily Extra Work Reports.

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72 LUMP SUM
All labor, materials and incidentals shall be provided for the lump sum prices specified in the Bid Schedule.

CONSTRUCTION EQUIPMENT

Attention is directed to Sections 5-1.33, "Equipment”, 5-1.37, "Maintenance and Protection" and 7-

1.02O, “Vehicle Code”, of the Standard Specifications and these Special Provisions.

Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Attention is directed to the statement in Section 591 that this section shall not relieve the Contractor or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment.

NOISE CONTROL REQUIREMENTS

Noise Control shall at minimum conform to the provisions in Section 14-8, "Noise and Vibration", of the Standard Specifications and these Special Provisions.

The noise level from the Contractor's operations, between the hours of 6:00 p.m. and 8:00 a.m., shall not exceed 86 DBA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.

Said noise level requirements shall apply to all equipment and personnel on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor. Increases and Decreases in Work

Section 9-1.06 “Changed Quantity Payment Adjustments” of the Standard Specifications is modified as follows:

The Engineer may increase, decrease, or eliminate any item of work. If this occurs, the Engineer shall allow no unit price adjustment or additional compensation.

The quantities shown on the Proposal represent a preliminary estimate of the quantities of work to be done and materials to be furnished. They are approximate only, and are given as a basis for the comparison of bids only. The City of Richmond does not expressly or by implication agree that the actual amount of work or materials will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed appropriate by the City Engineer. No adjustment shall be made to the contract unit prices and no additional compensation will be allowed therefor.

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73 PROJECT RECORD DRAWINGS

Contractor shall keep on file one full size set of construction drawings which s/he shall request from Engineer exclusively for recording all as-built data including all addenda, clarifications, and change orders. Record dimensions and changes during course of construction, at the time field changes are made.

In particular, note changes in locations of underground utilities and piping, recording dimensions, sizes, type and manufacture and all other additions or deletions to the work.

In addition, highlight on the drawings locations of significant items such as main power disconnect, main water and gas shutoff, controls, isolating valves and the like to facilitate proper maintenance and safe options.

Before job completion, submit Record Drawings to Engineer for review in order to determine completeness and accuracy.

Record all as-built data neatly, using standard architectural or engineering drafting practices equal in quality to the contract drawings. Sign and date the drawings, certifying that all information is correct.

Retention will not be released until record drawings are accepted by the Engineer.

PAYROLL RECORDS

Attention is directed to Section 7 -1.02K(3), “Certified Payroll Records”, of the Standard Specifications and these Special Provisions.

As part of the City of Richmond commitment to assist contractors to conveniently comply with legal and contractual requirements, the City has established a Labor Compliance Management System for this project. The system was designed to help reduce contractors’ administrative costs and to provide various work-flow automation features that improve the project reporting process.

Procedural differences between the previous conventional reporting and the new web-based system include:

• Monthly progress payment status reports, fringe benefits statements, weekly certified payroll reports or non -performance reports shall be submitted via the web -based system. Paper copies will no longer be required or accepted.
• Contractor and sub -contractors will be required to enter data for payment date and receipt of payments date onto the web-based system.

Prime and sub -contractors shall have free use of the web based application in reporting weekly certified payrolls and monthly progress payments to reduce paperwork and streamline the reporting process. Payroll reports are due no later than 10 days from the end of the pay week to avoid penalties.

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74 Upon award of the construction contract, the prime contractor and all subcontractors must use the system for their monthly progress payment status reports, fringe benefits statements, weekly certified payroll reports and non - performance reports. Prime Contractors are also responsible for entering all of the contract/sub-contract amounts for the project. The City will provide training for contractors. Contractors’ payroll staff will be required to attend an hour -long training at a City designated location. It is mandatory that contractors' and sub -contractors’ payroll coordinators or payroll administrators attend the training session.

Full compensation for conforming to the provisions in section “Payroll Records,” shall be considered as included in the contract prices paid for various items of work involved and additional compensation will be allowed therefor.

For more information please contact:

Pamela Christian
City Clerk

PREVAILING WAGE

Attention is directed to Section 7-1.02K(2), "Wages", of the Standard Specifications.

The wage rates determined by the Director of Industrial Relations and published in the Department of Transportation publication entitled "General Prevailing Wage Rates" refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this contract. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the Department of Industrial Relations, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this contract in the same manner as if it has been published in said publication.

If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this contract, each successive predetermined wage rate shall apply to this contract on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rate expires during the life of this contract, such wage rate shall apply to the balance of the contract. Copies of the prevailing wage rates are on file and available for inspection at the California Department of Industrial Relations’ website.

Potential bidders are advised that any Contractor, who intends to use a craft or classification not shown on the general prevailing wage determinations, may be required to pay the wage rate of the craft or classification most closely related to it.

In case of conflict between the Prevailing Wage as specified in this Section and any Federal Minimum Wage that may be specified elsewhere in these Special Provisions, the higher of the two shall prevail. Any amendments to the Federal Minimum Wage Determination issued up to 10 days prior to the bid opening date will become the part of the contract documents.

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75 CONTRACTOR’S LIABILITY
The City of Richmond, the City Council, the Engineer or their agents and consultants shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; or for damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workmen, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard.

The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions or any time before its completion and final acceptance. So much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of any suits or claims for damages aforesaid.

If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, the Engineer may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due or becoming due the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.

SPECIAL PAYMENT PROVISIONS
The contract is further subject to the following provisions of California Government Code Section 20104.50:

A) For purposed of this article:

1) It is the intent of the Legislature in enacting this section to require all local governments to pay their contractors on time so that these contractors can meet their own obligations. In requiring prompt payment by all local governments, the Legislature hereby finds and declares that the prompt payment of outstanding receipts is not merely a municipal affair, but is, instead, a matter of statewide concern.

2) It is the intent of the Legislature in enacting this article to fully occupy the field of public policy relating to the prompt payment of local governments' outstanding receipts. The Legislature finds and declares that all government officials, including those in local government, must set a standard of prompt payment that any business in the private sector which may contract for services should look towards for guidance.

B) Any local agency which fails to make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.

C) Upon receipt of a payment request, each local agency shall act in accordance with both of the following:

1) Each payment request shall be reviewed by the local agency as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. 375
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76 2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

D) The number of days available to a local agency to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which a local agency exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (c).

E) For purposes of this article:

1) A “local agency” includes, but is not limited to, a city, including a charter city, a county, and a city and county, and is any public entity subject to this part.

2) A “progress payment” includes all payments due contractors, except that portion of the final payment designated by the contract as retention earnings.

3) A payment request shall be considered properly executed if funds are available for payment of the payment request, and payment is not delayed due to an audit inquiry by the financial officer of the local agency.

F) Each local agency shall require that this article, or a summary thereof, be set forth in the terms of any contract subject to this article.

BUY AMERICA REQUIREMENTS
Attention is directed to the “Buy America” requirement of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048 (a), and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic galvanizing, painting, and any other coating that protects or enhances the value of such steel or iron materials shall be considered a manufacturing process subject to the “Buy America” requirements.

A Certificate of Compliance, conforming to the provisions in Section 6-3.05E, “Certificates of Compliance,” of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials occurred in the United States, except for the exceptions allowed herein.

The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into the work.

MEASUREMENT AND PAYMENT
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77 the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
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78 SECTION SP-6 - MATERIALS

CERTIFICATES OF COMPLIANCE
Where specifically required by the Standard Specifications or by these Special Provisions the Contractor shall furnish certificates of compliance. The Contractor shall provide one set of delivery tags at the end of each day to the inspector for all materials incorporated into the work.

GENERAL

Attention is directed to Section 6, "Control of Materials", of the Caltrans Standard Specifications and these Special Provisions.

All materials required to complete the work under this contract shall be furnished by the Contractor.

SHOP DRAWINGS AND SUBMITTALS
Submittals shall be made in advance of the planned incorporation of the materials into the work. The Contractor shall submit shop drawings and submittals, subject to the approval of the City or its appointed representative, in accordance with the requirements of the Special Provisions.

The Contractor shall submit sufficient information, specifications, and product data including special provision section, the vendor’s name, the manufacturer’s name if different from the vendor’s, trade name, and model number or code for each product to demonstrate compliance with the project requirements. The Contractor shall resubmit additional or revised information as may be required by the City or its appointed representative in a like manner. No material shall be used in the work until written acceptance of the submittal has been made by the city or its appointed representative.

The Contractor shall submit digital files (PDF format) for all shop drawings, and other submittals, except that at least two samples shall be submitted where samples are required per these Special Provisions. Submittals shall bear a stamp or specific written statement that the Contractor has satisfied its responsibilities under the Contract Documents with respect to the review of the submittal. All submittals shall be identified clearly as to materials, supplier, pertinent data such as catalog numbers and the use for which intended, as the City may require. The data shown on the shop drawings, samples, or other submittals shall be complete with respect to quantities, dimensions, specified performance, design criteria, materials and similar data to enable review of the information by the City.

The Contractor shall submit all shop drawings, samples and other submittals required by the Contract Documents to the City with such promptness as to cause no delay in the work.

Before submission of each shop drawing, sample or other submittal, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed and coordinated each shop drawing sample or other submittal with each other and with the requirements of the Contract Documents and the work.

At the time of each submission, the Contractor shall give the City SPECIFIC WRITTEN NOTICE OF EACH VARIATION that the shop drawings, samples or other submittals may have from the requirements of the Contract Documents and, in addition, shall cause a specific notation of each such 378
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79 variation to be made for each shop drawing, sample and other submittal.

Review of shop drawings, samples or other submittals by the City or any party acting on the City’s behalf shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents unless the Contractor has in writing called the Engineer’s attention that the variation at the time of submission as required and the Contractor has received written acknowledgement of each such variation incorporated into or accompanying the approval of each shop drawing, sample or other submittal. No review by the City or parties acting on behalf of the City shall relieve the Contractor from responsibility for errors or omissions in the shop drawing, sample or other submittal.

The City or its appointed representative will endeavor to have the shop drawings, samples or other submittals reviewed and returned to the Contractor, with a written indication of approval or the reason for rejection, not later than 10 working days after the date of submission to the City.

The Contractor shall make at its own expense any corrections to the shop drawings, samples or other submittals that are required by the City and the Contractor shall resubmit the required number of corrected copies. The Contractor shall indicate in writing on each resubmittal any revisions other than or in addition to the corrections required in the previous submittals.

Where a shop drawing, sample or other submittal is required by the Contract Documents, any related work performed prior to the review, approval, and return to the Contractor of the pertinent submittal shall be at the sole risk, expense and responsibility of the Contractor.

Shop drawings, samples and other submittals, in any part, in any form or in any stage of review or approval shall not constitute Contract Documents or parts thereof.

The Contractor shall submit the following submittals to the City or its appointed representative at the preconstruction conference:
• Detailed project schedule in critical path format for the entire project • Emergency contact names and phone numbers.
• Construction site Best Management Practices (BMP’s) for preparation of the Water Pollution Control Program (WPCP)
• Location of proposed staging/storage areas
• Sources of materials and locations at which the materials will be available for inspection • Traffic control plans, including traffic control supervisor proof of certification (separate submittals for sewer and pavement work)
• Sheeting and Shoring Plan
• All Submittals related to excavation
• OSHA and other necessary Safety permits
• A complete list of required submittals for City review, including specification section references and anticipated submittal dates. Items shall be arranged in order with the Special Provisions.

Please note that only submittals required at or prior to the preconstruction meeting are listed above. No attempt has been made to summarize a list of all required Submittals for this project. The Contractor shall review the Plans and Specifications carefully and submit shop drawings and submittals as required.
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Section SP-6 – Materials
80 After the Contract’s list of required submittals is favorably reviewed and returned to the City or its appointed representative, it shall become the basis for future submittal the submissions. An incomplete submittal list shall not be the basis for avoiding a submittal required by the Contract Documents. No work shall proceed on any item until it has been submitted and favorably reviewed. An incomplete submittal list is not a basis for avoiding a submittal required by the Specifications

RELATIVE COMPACTION
The City or its designated representative may conduct compaction tests to determine compliance with the provisions of these specifications. Compaction tests will be performed at intervals and at depths necessary for determining compliance with the compaction requirements of the Special Provisions and as shown on the plans. If the material as placed does not meet the compaction requirements, the Contractor shall re-compact the material or remove, replace and re- compact. New compaction tests will be taken on the re-compacted material until compaction requirements are met. All such repeated compaction tests will be performed at the cost of the Contractor.

Relative compaction is to be determined by the ASTM D 1557 most recent laboratory test procedure.

REQUEST FOR SUBSTITUTION OF MATERIALS
Pursuant to California Public Contract Code Section 3400, the City shall not limit the bidding, directly or indirectly, to any one specific concern. Whenever any particular material (for the purpose of this section, the term “material” includes any product, thing, equipment, or service) is indicated in the Contract Documents by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words “or equal.” A listing of materials is not intended to be comprehensive, or in order of preference.

Unless Contractor submits a request for substitution of “equal” materials in accordance with the requirements of the Contract Documents, and unless the City approves the substitution, the Contractor shall furnish and install the specified materials for the Contract Amount.

Contractor shall, at its expense, furnish data, which substantiates that the requested substitute material is “equal” to the materials identified in the Contract Documents. The Contractor shall, at its expense, have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the requested substitute material will fulfill its intended function, and will sufficiently match other materials in use by the City on public improvements either completed or in the course of completion.

Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the requested substitute material is equal.

All data and test results submitted by Contractor in substantiation of the requested substitute material shall be submitted to the Engineer no later than fifteen calendar days prior to the earlier of: (a) the date on which Contractor is required to order the material in accordance with the Project Schedule; or (b) the date on which Contractor is required to submit shop drawings or submittals regarding the material to the City, in accordance with the Project Schedule.

Within fifteen calendar days after the Contractor submits all substantiation of the offer, the Engineer shall either: (a) issue a written determination to the Contractor, as to whether or not the requested 380
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-6 – Materials
81 substitute material may be used in the performance of the Contract Documents; or (b) if the Engineer fails to issue a written determination within fifteen calendar, the requested substitute material shall be deemed rejected. If the Engineer determines that the substitute material may be used, he will issue a Change Order to the Contractor for such use on the project. The Engineer’s determination shall be final.

The Contractor shall not order, install or use the substitute material unless and until approved by Change Order.

If a requested substitute material is not found to be equal to the material specified in the Contract Documents, Contractor shall furnish and install the specified material at the Contract Amount.

Contractor shall not be entitled to an extension of Contract Time resulting from a request for a substitution of materials.

Lines and Grades
The Contractor will furnish his own layout and control lines necessary for the construction of the improvements covered by this contract and as shown on the plans. The Contractor shall be responsible for all layout and control costs.

The Contractor shall provide all necessary surveys, field staking, and positioning for the construction of all components at the proper alignment, elevations, grades, and positions, as indicated on the Drawings and as required for the proper operation and function.

PAYMENTS

Payments for materials and supplies stored or not installed in their final position will not be allowed.

MEASUREMENTS AND PAYMENTS
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 and no additional compensation will be allowed therefor.
381
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-7 – Description of Work
82 SECTION SP-7 - DESCRIPTION OF WORK

GENERAL

In general, the work will include pedestrian enhancements along Chanslor, 5th St and 6th St near Lincoln School and at Chanslor Ave and 4th St to improve the safety for school children by adding median refuges and raised intersection; installing raised pedestrian crosswalks with pedestrian-actuated flashing beacons/signs along the Richmond Greenway (Class I bicycle and pedestrian trail) crossings at 2nd Street, 4th Street, 6th Street, and 8th Street that are required by the Drawings, Standard Specifications, of these Special Provisions.

COMPENSATION

Compensation for all work specified to be performed under this contract and shown on the drawings will be made under the payment items listed herein. The contract prices for the said payment items shall be full compensation for all of the costs in connection therewith, including furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in completing each item herein as specified. Principal features of the work to be included under the various payment items are noted. Work not specifically mentioned shall be included for payment under the items to which such work is applicable. The quantity to be paid for will be the number of or amount of the items acceptably installed complete in place, as determined by the Engineer.

BASE BID

The Base Bid includes all the work included in the plans.

Contract award will be based on the lowest responsive bidder for the Base Bid plus Bid Additive No. 1, whose bid complies with all the requirements prescribed.

The City reserves the right to reject Bid Additive No. 1.

QUALITY ASSURANCE (STANDARD SPECIFICATION 6-3.05)

The City uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract.

You may examine the records and reports of tests the City performs if they are available at the job site. Schedule work to allow time for QAP.
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City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-8 – Order of Work
83 SECTION SP-8 - ORDER OF WORK

GENERAL
Order of work shall conform to the provisions specified herein. Also, when required by the special provisions or plans, the Contractor shall follow the sequence of operations as set forth therein.

Construction activities shall adhere to the special construction constraints indicated in the Drawings and specified in these Special Provision unless written permission to deviate from these requirements is provided by the City.

PROJECT MEETINGS
The City or its appointed representative may call, schedule, and conduct project meetings to be attended by the Contractor and, at the request of the City or its appointed representative, subcontractors, suppliers, and personnel performing services or providing materials to the Project. Project review meetings will be held weekly with the contractor and subcontractors if needed. Project progress meetings will be scheduled weekly.

Prior to commencement of Work, Contractor shall meet with the Engineer (and other City employees and consultants) to discuss the Construction Schedule, the Schedule of Values, the Submittal Schedule, and contract administration procedures, including: project meetings, submittal and review of invoices, submittal and review of shop drawings, and procedures for communications

Order of work shall be scheduled such that the work can be carried out in an efficient manner. The order of work shall include:

1. Submit traffic control, schedule, and water pollution control plan

2. Establish traffic control and water pollution control systems

3. Complete Underground Service Alert

4. Install Solar Rectangular Rapid Flashing Beacon (if Bid Additive #1 is accepted)

5. Complete Concrete work

6. Complete striping work

MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor. 383
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-10 – Progress Schedule
84 SECTION SP-9 - COOPERATION AND SCHEDULING WORK

Attention is directed to Section 5 -1.36D, "Nonhighway Facilities," of the Standard Specifications and these special provisions.

SCHEDULE
Contractor shall submit (at the preconstruction conference) and shall maintain (throughout performance of Work) an up to date Construction Schedule, providing an orderly, feasible, and realistic progression of the Work to final completion within the Contract Time, and completion milestones. The Construction Schedule, and each update, shall be subject to the review and approval of the Engineer, and shall accurately reflect Contractor’s actual intent and reasonable expectations regarding the sequences of activities, productivity, or efficiency, expected weather conditions, completion of any activity or item of Work, delays or problems encountered or anticipated, and specified float time. At a minimum, subject to the approval of the Engineer, the Construction Schedule shall be in a sufficient level of detail to show the coordination of all items of work for a 20 work day period, with an overall master schedule for the final completion of the Work within the Contract Time.

The Construction Schedule shall be prepared in a critical path network format, with critical paths clearly indicated. Each scheduled activity shall be matched with an item on the Schedule of Values.

The Construction Schedule shall incorporate the Schedule of Submittals (and shop drawings). In addition to a graphic plot of the network, the Construction Schedule shall include reports sorting and listing the activities in order of increasing float, by early start dates, and by late start dates.

Contractor shall regularly update the Construction Schedule, not less than weekly, so that it accurately reflects the progress of the Work (including all change orders), and final completion of the Work within the Contract Time.

If Contractor is not diligently proceeding with the prosecution of the Work as set forth in the Construction Schedule, Contractor shall, immediately and at no additional cost to the City, take all measures necessary, including: increasing the number of employees, or working overtime, additional shifts, Sundays, or holidays, as may be required to ensure final completion of the Work within the Contract Time.

The City shall not be responsible for failure of the Contractor to plan, schedule and perform the Work in accordance with the Master Schedule or the Contractor’s Construction Schedule, or the Contractor’s failure to cooperate with other contractors, or the contractor’s failure to meet scheduled completion dates or the schedule and coordinate the work of the Contractor’s own subcontractors or suppliers.

Contractor shall submit (at the preconstruction conference) and shall maintain (throughout performance of Work) an up to date Construction Schedule, providing an orderly, feasible, and realistic progression of the Work to final completion within the Contract Time, and completion milestones. The Construction Schedule, and each update, shall be subject to the review and approval of the Engineer, and shall accurately reflect Contractor’s actual intent and reasonable expectations regarding the sequences of activities, productivity, or efficiency, expected weather conditions, completion of any activity or item of Work, delays or problems encountered or anticipated, and specified float time. At a minimum, subject 384
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-10 – Progress Schedule
85 to the approval of the Engineer, the Construction Schedule shall be in a sufficient level of detail to show the coordination of all items of work for a 20 work day period, with an overall master schedule for the final completion of the Work within the Contract Time.

The Construction Schedule shall be prepared in a critical path network format, with critical paths clearly indicated. Each scheduled activity shall be matched with an item on the Schedule of Values. The Construction Schedule shall incorporate the Schedule of Submittals (and shop drawings). In addition to a graphic plot of the network, the Construction Schedule shall include reports sorting and listing the activities in order of increasing float, by early start dates, and by late start dates.

Contractor shall regularly update the Construction Schedule, not less than weekly, so that it accurately reflects the progress of the Work (including all change orders), and final completion of the Work within the Contract Time.

If Contractor is not diligently proceeding with the prosecution of the Work as set forth in the Construction Schedule, Contractor shall, immediately and at no additional cost to the City, take all measures necessary, including: increasing the number of employees, or working overtime, additional shifts, Sundays, or holidays, as may be required to ensure final completion of the Work within the Contract Time.

The City shall not be responsible for failure of the Contractor to plan, schedule and perform the Work in accordance with the Master Schedule or the Contractor’s Construction Schedule, or the Contractor’s failure to cooperate with other contractors, or the contractor’s failure to meet scheduled completion dates or the schedule and coordinate the work of the Contractor’s own subcontractors or suppliers.

The Contractor shall coordinate his work with that of the public utility companies who may be working in the project area. No additional time will be allotted under the contract time of completion for this coordination.

MEASUREMENT AND PAYMENT
Full compensation for adhering to the provisions of this special provision shall be considered as included in the price paid for the various contract items of work, and no separate payment will be made therefor.
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City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-10 – Progress Schedule
86 SECTION SP-10 - PROGRESS SCHEDULE

Progress schedules will be required for this contract and shall conform to the provisions in Section 8-1.02, "Schedule", of the Standard Specification, and these Special Provisions.

Contractor shall submit a weekly construction schedule in a form provided by, or acceptable to, the Engineer. The schedule shall include the locations where work was performed on previous weeks and where work will be performed the following week, the work status at each location, and completion dates. The submittal day will be determined during the pre-construction conference.

No work may begin under contract until the progress schedule and Traffic Control Plan have been approved by the Engineer. Time required for review and approval of these items shall not constitute a basis for time extension.

It will be the responsibility of the Contractor to arrange for the towing and removal of any vehicles which have not been removed by the owner and which interfere with any operations.

MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor. 386
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-11 – Existing Facilities/Cooperation
87 SECTION SP-11 - EXISTING FACILITIES/COOPERATION

Attention is directed to Section 5-1.20, “Coordination with Other Entities” and Section 5-1.36, "Property and Facility Preservation", of the Standard Specifications and these Special Provisions.

The Plans do not show the location of underground utilities. The Contractor shall assume underground utilities are located within the project area. The Contractor shall be responsible for verifying the exact location and depth of existing utilities in the field. Where excavation is contemplated, the Contractor shall notify Underground Service Alert (USA) at 811 prior to excavation.

Where excavations are performed in the vicinity of underground utility services, the Contractor shall, as necessary, perform initial exploratory excavations to determine their exact depth and location. Extreme care shall be exercised to avoid damage as it will be the Contractor’s sole responsibility to have the repairs made to the existing facilities at his/her own expense.

OBSTRUCTIONS AND UTILITY COORDINATION
The Contractor's attention is directed to the existence of certain underground facilities which may require that special precautions be taken by the Contractor to protect the health, safety and welfare of workmen and of the public. Facilities requiring special precautions include, but are not limited to:
conductors of petroleum products, oxygen, chlorine, and toxic or flammable gases; natural gas in pipelines greater than 6 inches in diameter or pipelines operating at pressures greater than 60 psi (gage); underground electric supply system conductors or cables either directly buried or in duct or conduit which do not have concentric neutral conductors or other effectively ground metal shields or sheaths; and underground electrical conductors with potential to ground more than 300 volts. The Contractor shall submit an emergency response plan to the Engineer for review. The plan shall detail procedures that will be taken in the event that a high risk utility is damaged during construction. The Contractor shall notify the Engineer at least forty-eight (48) hours prior to performing any work in the vicinity of such facilities.

The Contractor shall call USA at (800) 227-2600 to mark the locations of all underground utilities at least seventy-two (72) hours before the intended start of excavation. Contractor shall document all USA requests and provide to Engineer. The Contractor shall remove all project USA markings, Engineer markings, and Survey markings, prior to project completion.

Any damage to any utility due to the Contractor's operations shall be repaired or replaced by the Contractor to the satisfaction of the Engineer. Contractor shall use extra caution prior to excavating where utility lateral locations are not known, and shall repair property damage caused by damage to any utility.

The City of Richmond will not locate its sewer, storm drain, electrical, traffic signal, or fiber optic communications system. The Contractor shall retain a utility locating services and coordinate with the Engineer to identify the location of these City owned facilities.

In accordance with Public Contract Code Section 7104, Contractor shall notify the City of any hazardous waste or other unusual conditions discovered while performing exploratory excavations.

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City of Richmond
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Section SP-11 – Existing Facilities/Cooperation
88 UTILITY COORDINATION
The Contractor shall cooperate with any forces so that the work will be handled in an efficient manner. The following utility companies may be involved:

1. PG&E (Gas, Electric)

2. EBMUD (Water)

3. AT&T (Communications)

4. Comcast (Communications)

5. City of Richmond (Storm Drains, Sewer, Street Lighting, Traffic Signal, and Communications)

The Contractor is responsible for contacting the City of Richmond at least 48 hours prior to either the disconnect of any traffic signal interconnect, or to subsurface work in the vicinity of the traffic signal interconnect system.

DELAYS
The Contractor shall receive no additional compensation for delays or inconvenience caused by utility relocations and/or adjustments. The delay caused by these relocations and/or adjustments shall not count towards the Contractor’s “working days.”

SURVEY MONUMENTS
Existing survey monuments shall be preserved, referenced or replaced pursuant to the requirements of State of California Streets and Highways Code Sections 732.5, 1492.5, and 1810.5 and Business and Professions Code Section 8771, and City Standard Plans S-19 and S-20 and the following:

Prior to starting any construction, all monuments within the work zone shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer and a corner record or record of survey of the references shall be filed with the county surveyor.

Unless otherwise shown in the Drawings, the Contractor shall not disturb permanent survey monuments or bench marks without consent of the Engineer. The Contractor shall bear the expense of replacing any monument or benchmark that is disturbed without permission. Replacement shall be done only with the direction of and in the presence of the Construction Manager.

Any monuments that are disturbed by the contractor shall be replaced by a professional land surveyor registered in the State of California, and a record of survey shall be prepared and filed.

The contractor shall exercise caution when working around monuments so as not to disturb them.

During cold planning, grinding, excavation or other operations, the Contractor shall work around survey monuments unless specifically otherwise indicated on the Plans. If a monument is disturbed or damaged during adjusting, or other operations, the Contractor shall be responsible for all costs associated with the reestablishment of the monument including but not limited to surveying performed by a Licensed Surveyor and filing documents with County and constructing the new monument in accordance with City of Richmond Standard Detail 30-AA-1045 and 30-A-1049.

Should the Contractor during the course of construction encounter a survey monument or bench mark not shown on the Drawings, they shall promptly notify the Engineer in writing so that the monument or 388
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-11 – Existing Facilities/Cooperation
89 bench mark may be referenced, preserved, and/or restored accordingly.

Where a monument will be disturbed and replaced, the existing monument, typically consisting of a concrete core and brass tack, nail or other marking device located inside of a survey monument cover with frame, shall not be disturbed until a Licensed Surveyor has arranged for establishment of reference points to preserve the location of the monument. The Contractor shall be responsible for the Record of Survey preparation and filing.

Survey monument shall be reset in conformance with City of Richmond Standard Detail 30-AA-1045 and 30-A-1049 in the surface of the new construction and a suitable monument box placed thereon.

MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor. 389
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-12 – Dust Control
90 SECTION SP-12 - DUST CONTROL

Dust control shall conform to the provisions in Section 14-11.04, "Dust Control", of the Standard Specifications and these special provisions.

Contractor shall exercise diligence in preventing dust nuisance. When necessary, or when directed by the Engineer, the Contractor shall apply water for allaying dust caused by grading operations and passage of traffic through the work. Water shall be applied by means of pressure type distributors equipped with a spray system that will insure a uniform application.

MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this Special Provision, not otherwise provided for, shall be considered as included in the price paid for the various related contract items of work, and no separate payment will be made therefor. 390
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-13 – Property and Facility Preservation
91 SECTION SP-13 - PROPERTY AND FACILITY PRESERVATION

Attention is directed to the provisions in Section 5-1.36, "Property and Facility Preservation”, of the State Standard Specifications and these Special Provisions.

The Contractor shall make a thorough investigation of the job site and size equipment accordingly. The Contractor shall select equipment to avoid damaging existing facilities, which include, but are not limited to: street paving, traffic controls, sidewalks, curbs and gutters, etc.

The Contractor at no cost to the City shall restore any damage caused by oversized equipment.

MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor. 391
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-14 – Submittals
92 SECTION SP-14 - SUBMITTALS

The Contractor shall provide submittals for all materials, product data, working/shop drawings, diagrams, schedules, or other data prepared by the Contractor in accordance to the Contract requirements. The submittals shall not modify any Contract requirement.

The Contractor shall provide a certificate of compliance from its material suppliers, in advance of the work, that each conforms to the requirements of these specifications. The Contractor shall also furnish to the City in triplicate, certified copies of all factory and mill test reports when required by the Engineer. The Certificate shall be signed by the manufacturer of the material. The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance alone.

The list of technical submittals shall include, but not be limited to the following:

Schedules of work
Traffic Control Plans for each stage
of work Stormwater Pollution
Management Plan Hot Mix Asphalt
Concrete
Detectable Warning
Surfacing Aggregate
Base
Signs and Barricades
Pre-formed Thermoplastic Crosswalk
Marking Solar Rectangular Rapid
Flashing Beacon Thermoplastic Striping

Submittals shall be shown on the schedule and shall not be critical path items of work.

All Contractor required submittals, except as noted, shall be reviewed by the Engineer and returned to the Contractor within 10 working days from the date of receipt by the Engineer. In addition, the Contractor shall allow the City identical time periods for any rejected submittals that are re-submitted for approval.

The Engineer’s review of Contractor shop drawing submittals shall not relieve the Contractor of the entire responsibility for the correctness of details and dimension. The Contractor shall assume all responsibility and risk for any misfits due to any errors in Contractor submittals. The Contractor shall be responsible for the dimensions and the design of adequate connections and details. Acceptance by the Engineer of a substitute item proposed by the Contractor shall not relieve the Contractor of the responsibility for full compliance with the Contract Documents and for adequacy of the substitute item.

MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor. 392
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-15 – Mobilization
93 SECTION SP-15 - MOBILIZATION

Mobilization shall conform to the provisions of Section 9-1.16D, “Mobilization” of the State Standard Specifications and these Special Provisions. The total cost for mobilization should not exceed 5% of the total bid price. Any amount bid on the bid schedule in excess of 5% shall be withheld from payment until the completion of the project, to be paid as part of the final payment.

Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies incidental to the project site, for the establishment of all offices, buildings and other facilities necessary for work on the project and for all other work and operations which must be performed or for project costs incurred prior to beginning work on the various Contract items.

Sanitary restroom facilities shall be provided and maintained, by the Contractor, on the project site.

The Contractor proposed locations for restroom facilities shall be reviewed with the Engineer prior to delivery and placement of the restroom facility.

The Contractor shall develop a temporary construction staging area for the storage and operation of construction equipment and supplies. The staging area shall be located on a portion of paved public roadway adjacent to the project site. No staging of equipment or material will be permitted on any unpaved area or private property.

The Contractor shall submit a plan describing the construction staging area to the Engineer for approval. The Contractor shall not permit any waste or damage to be done to the staging area and shall maintain the area in good condition, free of litter and debris. Upon completion of the work, the area shall be restored to its pre-construction or better condition, including the repair of any damaged pavement, curbs, markings, or other public infrastructure components.

Where shown on the bid schedule, the total cost for mobilization for that bid schedule shall not exceed 5% of the total bid price less the cost for mobilization.

NOTIFICATIONS
Public notification shall consist of a procedure of written one-week notices (handouts and/or mailings), and door-to-door notifications 24 hours prior to starting work for every phase of construction (traffic control, excavation, piling, wood lagging, etc.) as described below. A copy of all written notices shall be submitted to the Engineer for approval at least one week prior to handout and/or mailing.

The Contractor shall provide a written advanced notice to all residents residing on the project streets and including side/cross streets adjacent, and all emergency, public transportation, and garbage/recycle collection services by letter of the pending work, at least five (5) working days, but not more than seven (7) working days, prior to start of construction on each project street. Work shall be scheduled to avoid interruption of garbage/recycling collection services. Contact Richmond Sanitary Services at (510) 262-7100, 3260 Blume Drive, Richmond for service schedules. Notifications shall include the following information:

• Identification of Contractor(s) including emergency contact name(s) and phone number(s), • Description of work,
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Section SP-15 – Mobilization
94 • Dates and times of construction, and
• Information regarding street closures and/or detouring.

On the day before work on a specific project street is to begin, the Contractor shall securely attach a door hanger with notice. This door-to-door notification shall provide the same information as the one- week notice. Each notice remaining on the door on the evening of construction completion shall be picked up and disposed of by the Contractor.

The contractor shall photograph or video the entire site, each storefront and residence, and each existing improvement prior to construction. The contractor shall also document the location and type of existing signs so that they may be replaced in kind.

Note that the City has not provided a laydown area for the Contractor. The Contractor shall be responsible for establishing a laydown area.

Contractor shall document all design changes and prepare red lined plans representing the finished field conditions.

Storm Water Pollution Management shall conform to the provisions in Section 18, "Storm Water Pollution Management", of these special provisions.

Cleanup, demobilization of the Contractor’s forces, and leaving the job site after the work is completed. On completion of the work, the Contractor shall clean all portions of the project area.

This work includes removing all debris, street sweeping, clearing Underground Service Alert marks, and power washing sidewalks.

Measurement and Payment
The contract lump sum price paid for Mobilization (Bid Item 1 and 1A) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in mobilization, complete in place, including but not limited to preparing and distributing notifications, General Provisions , storm water pollution mangement , plans, specifications, construction schedule, bonds, preparation and submittal of all project records and documents; obtaining all required permits, licenses, and paying all applicable fees, developing and submitting construction schedules and updates, delivery of all materials and equipment to the site required for operation, all preparatory work, public notifications, public utility coordination, coordination and cooperation required, attending project meetings, developing construction water supply, providing and removing on -site sanitary facilities, developing a temporary construction staging area, insurance and bonds; demobilization and all other mobilization work as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Mobilization (Bid Item 1A) shall be a Bid Alternative item not included in the base bid.

***This value shall not exceed 5% of the sum of the other items of work listed in the bid schedule***
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City of Richmond
Lincoln Elementary School Safe Route Improvements
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Section SP-16 – Construction Layout
95 SECTION SP-16 - CONSTRUCTION LAYOUT

The Contractor shall provide all construction staking and surveying. All working stakes shall be established by a licensed Land Surveyor or a registered Civil Engineer authorized to practice land surveying pursuant to Section 8725 of the Business and Professions Code of California. The Contractor shall be held responsible for the correctness of such working stakes. The Contractor shall furnish the City Engineer legible notes ten (10) calendar days prior to the Contractor starting work in the area staked. The notes shall show the location of the working stakes in relation to the construction centerline or reference line, and all calculations used to reach the results of information written on the working stake marker. The location of the working stakes shall conform to the latest edition of the Caltrans Surveys Manual as shown in Chapter 12.

The Contractor shall provide a qualified “Grade Setter” to check horizontal and vertical alignment of all improvements in progress so that improvements will be built to conform to the lines, widths, and grades on the approved plans or any change order issued by the Engineer. The Contractor shall make available the “Grade Setter” to work with the City’s Inspector on checking or verifying all grade stakes, blue tops, form work, etc., when requested by the Inspector. The “Grade Setter” shall provide all necessary equipment and tools to perform this work.

Since this is in various bid items, the Contractor is responsible for any and all re-staking expenses. The only exception is if there is found to be an error in the approved plans. All additional cost considerations will be included as part of any Change Order.

The Contractor shall preserve all existing benchmarks, survey control points, reference points, and other permanent points within the project limits. Unless noted in the plans, any survey control damaged by the Contractor shall be replaced by the Contractor’s licensed Land Surveyor at no cost to the Engineer.

In addition to the survey work required for establishing “…the lines, widths, and grades on the approved plans (etc)”, the Contractor shall engage the services of a licensed land surveyor to fully comply with §8771(b) of the Land Surveyors’ Act. This work consists of locating and referencing any/all survey monument(s) that might be “destroyed, damaged, covered, or otherwise obliterated” during the prosecution of this contract. All known reference points are shown in the Plans. Thereafter, the Contractor’s surveyor shall prepare, submit, and file for pre-construction and post-construction Corner Records as required.

Monument Preservation
As required by the State of California, the Contractor shall preserve all existing benchmarks, survey control points, reference points, and other permanent points within the project limits hereinafter referred to as Points. All Points may not be shown in the Plans. If the Contractor believes there is a Point that may be disrupted, they shall contact the Engineer immediately.

Any of the Points that are damaged shall be replaced by the Contractor at no cost to the Engineer.

This will require referencing of the Point, staking the Point, installing the Point, and filing a record of survey with Contra Costa County. Where required, this work shall be completed by a State of California licensed Land Surveyor.

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City of Richmond
Lincoln Elementary School Safe Route Improvements
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Section SP-16 – Construction Layout
96 MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor. 396
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-17 – Clearing and Grubbing
97 SECTION SP-17 - CLEARING AND GRUBBING

Clearing, Grubbing and Removals shall conform to the provisions of Section 17 -2 “Clearing and Grubbing” of the State Standard Specifications and these Special Provisions. Clearing, Grubbing and Removals shall consist of thoroughly sweeping and cleaning surfaces prior to resurfacing, removal and disposal of raised pavement markers, existing weeds, brush, or other objectionable material in or along the edge of areas to receive work.

Contractor shall keep existing streets free from dirt and debris at all times. Contractor shall be prepared to sweep surfaces immediately at the request of the Engineer should he deems it is necessary for safety of public and to avoid damage to properties.

When required, existing thermoplastic pavement markings shall be removed in accordance with Section 14-11.12 of the State Standard Specifications and all applicable state laws and regulations.

Existing pavement markers shall be removed in accordance with Section 81-8 of the State Standard Specifications.

Storm Water Pollution Management shall conform to the provisions in Section 18, "Storm Water Pollution Management", of these special provisions.

Contractor shall trim overhanging limbs that may be in conflict with paving and other construction activities. Tree, roots, and bush pruning shall be performed by a certified arborist and in accordance with "Pruning Standards," published by the Western Chapter of the International Society of Arboriculture.

Contractor shall remove existing landscaping (hard and soft) which is in conflict with the new improvements.

MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor. 397
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-18 – Storm Water Pollution Management
98 SECTION SP-18 - STORM WATER POLLUTION MANAGEMENT

All Contractors and Subcontractors working on City of Richmond projects are required to comply with the pollution control measures included in the Appendix “D” of these Special Provisions.

Additionally, the Contractors shall follow any local, State or Federal regulations and ordinances on construction pollution control .

The Contractor shall prepare a Water Pollution Control Program (WPCP) that pertains to the project in accordance with Section 13 -2 of the Standard Specifications for review and approval by the Engineer. The Contractor shall be responsible for installing and maintaining storm water control devices noted in the WPCP for the project’s duration in accordance with Section 13 of the Standard Specifications. The Contractor shall modify the installed pollution control devices as directed by the Engineer. When the project is complete, the Contractor shall remove and legally dispose all water pollution control devices.

The Contractor shall prepare and submit three (3) copies of the WPCP to the Engineer at or before the pre - construction meeting. The Engineer will have 3 days to review the WPCP. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the WPCP within 2 days of receipt of the Engineer's comments. The Engineer will have 2 days to review the revisions. Upon the Engineer's approval of the WPCP, three (3) additional copies of the WPCP incorporating the required changes shall be submitted to the Engineer. Minor changes or clarifications to the initial submittal may be made and attached as amendments to the WPCP. In order to allow construction activities to proceed, the Engineer may conditionally approve the WPCP while minor revisions or amendments are being completed.

Engineer shall not issue Notice To Proceed until WPCP is approved.

Unless otherwise directed by the Engineer or specified in these special provisions, the Contractor's responsibility for WPCP implementation shall continue throughout any temporary suspension of work ordered in conformance with the provisions in Section 13 -2.03, "Construction," of the Standard Specifications. Requirements for installation, construction, inspection, maintenance, removal, and disposal of control measures shall be as described in the approved WPCP.

When no longer required for the purpose, as determined by the Engineer, temporary drainage inlet protection facilities and other features shall be removed. Removed facilities shall become the property of the Contractor and shall be disposed of outside the highway right of way in conformance with the provisions in Section 17 -2.03D, "Disposal of Material” of these Special Provisions.

MEASUREMENT AND PAYMENT
The contract price paid per lump sum for Storm Water Pollution Management (Bid Item 3 and 3A) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in the Dust Control, Water Pollution Control, Watering, Erosion Control Plan and SWPPP as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Storm Water Pollution Management (Bid Item 3A) shall be a Bid Alternative item not included in the base bid.

398
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-18 – Storm Water Pollution Management
99 Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor. 399
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-19 – Traffic Control and Construction Area Signs 100

SECTION SP-19 - TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS

The Contractor shall comply with Section 7 -1.04, “Public Safety” and Section 12-3, “Temporary Traffic Control Devices” of the Standard Specifications and these Special Provisions.

The Contractor shall not implement a traffic control system until public noticing described herein is complete, obtain an encroachment permit from the City of Richmond as well as obtained approval of the traffic control plans from the Engineer. For the purpose of this section, traffic pertains to truck and motor vehicles, pedestrians, bicyclists, and public transit operations.

Traffic Control Plan Submittal
As previously described in the Submittals section of these Special Provisions, the Contractor shall submit a detailed plan to the Engineer describing how you propose to manage traffic while performing the work. This Plan shall be coordinated with the following agencies:

Alameda Contra Costa County Transit Agency (AC
Transit) Richmond Waste Collection
US Post Office

The Plan shall detail:

Your sequence and type of work to be performed and
duration Your proposed traffic handling through the
work zone Accessible pedestrian routing plan through
the work zone
Your proposed plan to allow access to residents and tenants within the work zone

The traffic control plans shall not be general, but specific to the project and of sufficient detail for the Engineer to understand your method of traffic management. Your plans shall be consistent with the latest California edition of the Manual of Uniform Traffic Control Devices.

The Engineer will NOT issue the Notice to Proceed until the traffic control plan is approved.

Construction Area Signs
Once construction starts, the Contractor shall furnish and install construction area signs to inform motorists, pedestrians, and bicyclists of work in the streets and sidewalks. These signs may include, but are not limited to, “Road Construction Ahead”, “Detour Ahead”, “Road Closed”.

Construction area signs shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 12-3, “Temporary Traffic Control Devices” of the Standard Specifications and these Special Provisions. Construction area signs shall be metal, with reflective coating, black on orange, and securely mounted. Signs shall be kept clean and in good repair. The Contractor’s traffic control plan shall show the location of the signs.

The Contractor shall be responsible for providing, placing, and installing all construction area signs. Traffic Control System
The Contractor shall implement the traffic control system as approved by the Engineer. If warranted by field conditions, the Contractor shall adjust the system as directed by the Engineer. 400
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-19 – Traffic Control and Construction Area Signs 101

The Contractor shall provide and implement all traffic handling devices and equipment as described in Sections 12-3 and 12-4 of the Standard Specifications.

If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the component to its original condition or replace the component, and shall restore the component to its original location.

At the end of each workday, the Contractor shall open all streets for access and remove traffic control devices except for those providing advanced warning near work zones. Traffic control devices shall not be stored within public streets.

The Contractor shall allow traffic flow in two directions at all times providing two travel lanes of at least 10 feet each. When this is not possible, the Contractor shall provide flaggers to control traffic. Section 12 -1.04 of the Standard Specifications is deleted; the cost for flaggers is the Contractor’s responsibility.

All excavations shall be backfilled or covered with steel trench plates suitable for traffic loading, at the end of each day’s work. Trench plates shall be securely anchored in place and have temporary asphalt ramps all around. No open excavation of any depth will be permitted to remain overnight.

The Contractor shall provide access to all driveways within the work zone at all times. Portable Message Signs
Contractor shall provide at least two portable changeable signs to inform the community for the duration of the
work. The placement of the signs shall be determined by the Engineer. The said signs shall state the following: “ROAD CONSTRUCTION WORK AHEAD FROM TO “(dates) and “EXPECT MINUTE DELAYS” or
“ROAD CLOSED FROM TO (time and dates)”. The proposed portable changeable sign locations must be shown on Traffic Control submittals as directed by the Engineer.

Temporary Pedestrian Access
All weather and accessible access for pedestrians shall be provided at all times in and through the construction area. When a sidewalk is removed, the area should be fenced and signage provided to direct pedestrians to an alternate route. Pedestrians shall be routed to temporary crossing points as approved by the Engineer. However, the route shall not exceed one block.

The Contractor shall note that the City of Richmond has a large population of people with visual impairment, which requires additional protection and warnings near work zones.

At the end of each work day, the Contractor shall make provisions to allow safe access to pedestrians through the work zone.

In locations where the sidewalk is removed and entrances to private property are obstructed, the Contractor shall provide a temporary sidewalk fabricated from wood or asphalt. The temporary 401
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-19 – Traffic Control and Construction Area Signs 102

sidewalk shall comply with the Americans with Disabilities Act. A temporary access plan shall be submitted to the Engineer for review and approval 10 days prior to removal of the sidewalk.

Temporary Pavement Delineation
When the Contractor removes striping or markings, he or she shall immediately place temporary delineation prior to opening the traveled way to public traffic.

Surfaces on which temporary pavement delineation is to be applied shall be cleaned of all dirt and loose material and shall be dry when the pavement delineation is applied. The Contractor shall perform all work necessary to establish satisfactory alignment for temporary pavement delineation. Temporary pavement delineation that is damaged from any cause during the progress of the work shall be immediately repaired or replaced by the Contractor at their expense.

The Contractor shall not use paint on pavement that is to remain in place. In this case, the Contractor shall use Temporary Traffic Stripe and Pavement Marking Tape. Tape shall be applied to a clean dry surface and rolled slowly with a rubber tired vehicle or roller to ensure complete contact with the pavement surface in accordance with the manufacturer’s recommendations.

Tape shall not be applied over existing stripes or markings. Completed stripes shall be straight on tangent alignments and shall be on a true arc on curved alignments.

Temporary pavement markers may be used to simulate the striping shown on the approved traffic control plans. The use of temporary pavement markers shall conform to the typical details for pavement markers and traffic lines shown in the Standard Plans and as determined by the Engineer.

When no longer required for the direction of public traffic, as determined by the Engineer, the temporary traffic stripe and pavement marking tape and temporary pavement markers, applied to existing pavement, the top layer of new pavements or any other paved surface where the previously placed pavement delineation conflicts with the new traffic pattern, shall be removed and disposed of in accordance with the provisions provide herein, and all lines and marks used to establish the alignment for the temporary traffic stripes, pavement markings and temporary pavement markers shall be removed from the pavement.

MEASUREMENT AND PAYMENT
The contract price paid per lump sum for Traffic Control and Construction Area Signs (Bid Item 2 and 2A) shall include full compensation for all labor, materials, tools, equipment, and incidentals required to prepare traffic control plans, providing flagging, installing temporary signs and striping, and managing traffic as shown in the Plans, specified in these Special Provisions, and as designated by the Engineer. Traffic Control and Construction Area Signs (Bid Item 2A) shall be a bid alternative item not included in the base bid. 402
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-20 – Project Area Signs
103

SECTION SP-20 - PROJECT AREA SIGNS

The Contractor shall furnish and install two (2) Project Area Signs that inform the community of the work and funding source. The sign shall be constructed per the requirements of the Caltrans Division of Traffic Operations as with the wording described below. The signs shall be made by a professional sign painter, approved in advance by the Engineer. The signs will be installed prior to construction and maintained in place for the duration of the project by the Contractor.

Locations of the signs will be determined by the Engineer. Signs shall be repaired or replaced at no cost to the City, if damaged or stolen. The signs shall include the following information:

City logo (as shown below) instead of Caltrans
Logo “Slow for the Cone Zone” logo
Project Title: LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS Year of Completion: 2023
Funding Source: Congestion Mitigation and Air Quality (CMAQ)

MEASUREMENT AND PAYMENT
Full compensation for furnishing all labor, materials, tools, equipment; and for doing all the work involved in the furnishing, placing the signs complete in place , removing the signs at the end of construction and construction layout , as shown on the plans, as specified in these specifications and as directed by the Engineer, shall be considered as included in the contract price for Traffic Control (Bid Item 2 and 2A) and no separate payment will be made therefor. 403
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-21 – Public Notification
104

SECTION SP-21 - PUBLIC NOTIFICATION

General Notifications - The Contractor shall be required to notify and cooperate with the public, transit companies, local law enforcement agencies, local fire districts, local utilities companies, refuse collectors, schools, and any other persons or agencies who may be affected by this project at least two (2) weeks prior to construction. Other notifications may be required during project construction as outlined below.

Notifications will be provided by the Contractor relating to, but not limited to, the following items: General information
Traffic delays and alternate
routes Tree removals and/or
trimming Driveway closures
Temporary relocation of bus
stops Waste pick up

2-Week Notifications - Before Contractor begins any work, all residents and businesses on each street affected by the work shall be notified in writing, at least fourteen (14) days in advance.

This notification will provide general information about the project, approximate range of dates on when construction will take place, time of work, Contractor’s name and phone number and any other pertinent information for residents. The Contractor shall provide the Engineer a copy of the proposed written notification for review seventy-two (72) hours prior to delivery.

Failure to comply with the notification requirement will result in a stop work order. The Contractor shall maintain an updated and chronological record at the job site of all written notifications along with a list of recipients. Such records shall be made available upon request by the Engineer.

No work shall take place prior to the required notification, re-notification, or coordination work with affected facilities.

The Contractor shall be responsible for making immediate access available to emergency vehicles at any time during work hours. The Contractor shall contact schools, fire and police stations, hospitals, or other similar facilities designated by the Engineer adjacent to the work and coordinate his operation with the facility’s operations so that the Contractor’s operations will have a minimized affect to the facility.

No Parking Signs/Towing
The Contractor shall provide “No Parking” signs with day of the week written out or properly abbreviated with 3 or 4 letters; the month shall be written out or properly abbreviated with 3 or 4 letters; date or dates of restriction shall be listed completely; the beginning and ending times shall be clearly listed on the sign.

Signs shall be mounted such that the words, “No Parking” are at an elevation at least 3 feet and not more than 7 feet above the adjacent flow line. Signs may be tied with string to trees and power poles, taped to existing sign poles, or mounted on stakes or barricades as provided by the Contractor. The signs shall be placed as needed to control the parking of cars within the 404
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-21 – Public Notification
105

construction zone.

Signs shall be posted and maintained by the Contractor for a period of 72 hours prior to the restrictions becoming effective. The Contractor shall promptly reset or replace all damaged and defective signs. Upon completion of work in each area, all signs, stakes, and barricades shall be promptly and completely removed by the Contractor.

The Contractor shall be fully responsible for adequate removal of all parked cars. All vehicle removal shall be coordinated by the Contractor with the Richmond Police Department. The Contractor shall notify the Police Traffic Sergeant upon posting of the parking restrictions for a particular street. For removal of parked vehicles, the Contractor shall notify the Police traffic sergeant not less than 2 hours prior to the needed removal with the address nearest the parked vehicle, make, model, color, and license number. The City shall not be responsible for any delay or additional cost associated with the removal of parked cars which obstruct the construction operation.

If a vehicle owner successfully contests a towing citation in court, and their citation is dismissed for causes related to the Contractor’s failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation.

The Contractor shall cooperate and allow City or utility company work crews to use the traffic control system when set up for the Contractor’s work. The Contractor is not obligated to maintain the traffic control system beyond their scheduled activities.

The Contractor shall cooperate and allow City work crews to use the traffic control system when set up for the Contractor’s work.

MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor. 405
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-22 –Removals
106

SECTION SP-22 - REMOVALS

The work performed in connection with removal of various existing highway facilities and preservation of property shall conform to the provisions in Section 15, "Existing Facilities," of the Standard Specifications and these special provisions.

The Contractor shall remove and dispose of existing portland cement concrete curb, gutter, sidewalk, driveway, curb ramp, and valley gutter at the locations shown on the Plans. When curb and gutter and/or roadway pavement are removed, the Contractor shall immediately place portable delineators along the edge of the pavement. Portable delineators shall be 36 -inch minimum height, orange with white reflectors. The delineators shall be maintained by the Contractor until new curb and gutter are placed. All materials removed shall be legally disposed of in accordance with S ECTION SP-26 – DISPOSAL OF MATERIALS of these specifications and Special Provisions.

Existing concrete to be removed shall be sawcut at the nearest joint or score line. Any existing concrete damaged by reason of the Contractor’s operations outside this limit shall be repaired at the Contractor’s expense. The repair shall be made by removing and replacing the entire portion between weakened plane joints or score lines.

The Contractor shall remove painted and thermoplastic stripes, markers and legends within the limits of work shown on the Plans. All materials removed shall be disposed of in accordance with S ECTION SP-26 – DISPOSAL OF MATERIALS of these specifications and Special Provisions.

The Contractor’s attention is directed to the State Health and Safety and CAL -OSHA regulations and requirements regarding the removal, handling and disposal of yellow thermoplastic and painted traffic striping and pavement markings. The Contractor is responsible for any additional requirements necessary to comply with the regulations.

Where grinding or other methods approved by the Engineer are used to remove yellow thermoplastic and yellow painted traffic stripe and pavement marking, the removed residue, including dust, shall be contained and collected immediately. Sweeping equipment shall not be used. Collection shall be by a high efficiency particulate air (HEPA) filter equipped vacuum attachment operated concurrently with the removal operations or other equally effective methods approved by the Engineer.

Nothing in these Special Provisions shall relieve the Contractor of the Contractor’s responsibility as specified in Section 7-1.04, “Public Safety” of the Standard Specifications.

Full compensation for work involved in removal of existing concrete curb, gutter, sidewalk, driveway, curb ramp, and valley gutter shall be considered as included in the unit prices paid for the various bid items for removal and replacement of these items and no separate payment shall be made therefor.

MEASUREMENT AND PAYMENT
Compensation for removing sidewalk, curb ramp, curb, gutter and conform paving shall be 406
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-22 –Removals
107

considered as included in the various contract prices paid for the applicable bid items and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in removal of sidewalk, curb ramp, curb, gutter and conform paving, complete in place, including but not limited to excavation, removal and disposal of excess materials including sawcutting, and root cutting, as shown on the contract plans, as specified in the Standard Specifications, these specifications, and as directed by the Engineer and no additional compensation will be allowed therefor.

The contract unit bid price per square foot for Remove Exist AC Speed Bump (Bid Item 3) shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in removal of existing AC speed bump, complete in place, including but not limited to earthwork, subgrade preparation, clearing and grubbing, excavation, removal and disposal of excess materials including disposal of material, sawcutting, root cutting and construction layout, as shown on the contract plans, as specified in the Standard Specifications, these specifications, and as directed by the Engineer and no additional compensation will be allowed therefor.
407
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-23 –Concrete Improvements
108

SECTION SP-23 - CONCRETE IMPROVEMENTS

The construction of concrete shall conform to the applicable provisions in Section 73 "Concrete Curbs and Sidewalks” of the Standard Specifications, the details on the plans, and these special provisions.

The work involved for Curb Ramp shall generally require:

(1) Construction staking and layout
(2) Sawcut existing concrete to nearest score line. Review with city inspector prior to performance. (Utilize wet spray as a minimum for dust control while sawcutting)
(3) The removal of the existing facilities as needed to conform to adjoining grades. (4) Subgrade preparation, including excavation, placement and compaction of aggregate base
(5) Construction of new raised median as shown on the plans. (6) Maintain gutter flow elevations and demonstrate this to the City inspector by water flow test to ensure there’s no ponding.

Detectable warning surface shall consist of raised truncated domes constructed or installed on curb ramps in conformance with the details shown on the plans and these special provisions. The detectable warning surface shall be prefabricated, cast -in-place. The color of the detectable warning surface shall be yellow conforming to Federal Standard 595B, Color No. 33538.

Contractor shall neatly trim prefabricated dome panels to fit and conform to curb radius.

Prefabricated detectable warning surface shall be in conformance with the requirements established by the Department of General Services, Division of State Architect and be attached in conformance with the manufacturer's recommendations, Armor Tile or approved equal.

The finished surfaces of the detectable warning surface shall be free from blemishes.

The manufacturer shall provide a written 5 -year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound- on-cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the contract. Class 2 aggregate base, ¾ in. size, shall be placed under curb ramps, after excavating existing subgrade, with a minimum thickness of 4 inches, and be compacted to 95% relative compaction (ASTM D-1557)

Concrete shall be 5 sack mix with 1 pound of lamp black added per CY.

All new Portland Cement Concrete (PCC) improvements shall be doweled to existing PCC improvements as directed by the Engineer using twelve inch (12") long No. 4 rebar at 12” O.C.

Landscaping, yard drain pipes, and sprinkler heads and lines located near the existing back of sidewalk or sidewalk ramp shall be protected from damage. Sewer cleanouts located near the existing back of sidewalk or curb ramp shall also be protected from damage and remain free of debris. Any damage shall be repaired at the Contractor's expense to the satisfaction of the 408
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-23 –Concrete Improvements
109

Engineer.

MEASUREMENT AND PAYMENT
The contract unit bid price per square foot for Construct Raised Concrete Median (Bid Item 5) shall include full compensation for demolition, saw cutting, removal, disposal, excavation, relocation of existing utility boxes and signs (except where specific pay items are designated for same), construction layout, earthwork, and preparation of sub-grade; furnishing, placing, and compacting class 2 aggregate base; furnishing and placing all reinforcement; drilling and grouting dowel reinforcement; furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing concrete retaining curb (for depressed style ramps), curb and gutter associated with the ramp installation, disposal of material, sawcutting, detectable warning surfaces/truncated domes, and patching and repaving of the asphalt concrete in the street (with permanent hot mix) as shown on the plans (except where specific pay items are designated for same), as specified in the Standard Specifications, these Special Provisions, and as directed by the City Engineer.

The contract unit bid price per each for Install Detectable Warning Surface (Bid Item 6) shall include full compensation for demolition, saw cutting, removal, disposal, excavation, relocation of existing utility boxes and signs (except where specific pay items are designated for same), construction layout, earthwork, and preparation of sub-grade; furnishing, placing, and compacting class 2 aggregate base; furnishing and placing all reinforcement; drilling and grouting dowel reinforcement; furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing concrete retaining curb (for depressed style ramps), curb and gutter associated with the ramp installation, disposal of material, sawcutting, detectable warning surfaces/truncated domes, and patching and repaving of the asphalt concrete in the street (with permanent hot mix) as shown on the plans (except where specific pay items are designated for same), as specified in the Standard Specifications, these Special Provisions, and as directed by the City Engineer.
409
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-24 –Saw Cutting
110

SECTION SP-24 - SAW CUTTING

When asphalt or concrete pavement is to be removed adjacent to paving that is to remain, the Contractor shall saw cut at the limit. Saw cutting shall be vertical and neatly edged and all the way through pavement to the sub grade. The sawing method shall consist of cutting a groove through the pavement with a power driven concrete saw or equivalent. The Contractor shall provide a vacuum to remove water and debris during the saw cutting process.

The Contractor shall mark the saw cut locations with temporary paint. The Engineer shall review the saw cut locations prior to cutting. The Contractor shall adjust the limits as required by the Engineer.

Storm Water Pollution Management shall conform to the provisions in Section 18, "Storm Water Pollution Management", of these special provisions.

MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor. 410
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-25 –Earthwork
111

SECTION SP-25 - EARTHWORK

This work shall be performed in accordance with Section 19, “Earthwork,” of the Standard Specifications, these Special Provisions and as directed by the Engineer. After removal of the existing asphalt pavement or concrete and in other locations required by the Plans, the Contractor shall excavate aggregate base, native materials, or other substances of whatever nature to the required subgrade depth as shown on the Plans or as directed by the Engineer.

Excavation shall be accomplished with properly selected equipment, which has been approved by the Engineer and in such manner that the stability of the subgrade is maintained to the greatest extent possible and to prevent damage to underground utilities. The prepared subgrade shall not be permitted to dry and/or crack prior to placement of the next covering layer.

All surplus and/or unsatisfactory excavated material shall be disposed of outside the roadway right of way in accordance with Section 17 -2.03D, “Disposal of Materials” of these Special Provisions.

Following the removal of the materials to the selected depth, the subgrade soils shall be scarified in accordance with Section 10-21 of these Special Provisions. The final subgrade shall be prepared in accordance with Section 19-1.03C, “Grade Tolerance” of the Standard Specifications.

The road or existing concrete surface to remain in place shall not be damaged in any way. Care shall be exercised to avoid damage to manholes and other covers (whether shown or not shown on the plans) and adjacent gutters. Utilities and underground pipelines, which are to remain in place shall be worked around and protected from damage or interruption of service. All improvements damaged by construction shall be replaced at the Contractor’s expense. It shall be the contractor’s responsibility to ascertain the location of all utilities, including manholes and monuments.

Footings which may be affected by any excavation shall be underpinned or otherwise protected against settlement and shall be protected against lateral movement. Fills or other surcharge loads shall not be placed adjacent to any building or structure unless such building or structure is capable of withstanding the additional loads caused by such fill or surcharge.

The Contractor shall provide no less than 48 hours’ notice to the Engineer, in writing of the need for compaction testing of the subgrade.

Storm Water Pollution Management shall conform to the provisions in Section 18, "Storm Water Pollution Management", of these special provisions.

MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor. 411
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-26 –Disposal of Materials
112

SECTION SP-26 - DISPOSAL OF MATERIALS

The City has not made arrangements for disposal of material. All excess and unsuitable material shall be disposed of by the Contractor in a legal manner.

It shall be the responsibility of the Contractor to conduct tests to determine the level of contaminants present in the soil to be exported. Soil samples should be collected by a reputable testing firm and submitted to a state certified laboratory and analyzed for total petroleum hydrocarbons in the diesel (TPHd) and motor oil (TPHmo) ranges (EPA Test Method 8015), 17 California Assessment Manual (CAM) metals (EPA Test Method 6000/7000), organochlorine pesticides (EPA Test Method 8081), and polychlorinated biphenyls (PCBs) (EPA Test Method 8082), polynuclear aromatic hydrocarbons (PAHs) (EPA Test Method 8270SIM), and any other tests required by the receiver of the soil.

The Contractor shall assume that all soil has levels of contamination that exceeds environmental screening levels listed by the California Regional Water Quality Control Board for residential land use or commercial/industrial land use, but is non-regulated and non-hazardous. All material shall be disposed of in a Class II landfill with all-weather access.

Disposal of contaminated soil or contaminated groundwater which is encountered in the Work that has levels of contaminants sufficient to be considered a regulated hazardous waste will be as defined in Section 14-11 “Hazardous Waste and Contamination” of the Standard Specifications.

Storm Water Pollution Management shall conform to the provisions in Section 18, "Storm Water Pollution Management", of these special provisions.

The Contractor shall schedule disposal of materials such that weather does not impair access to the disposal facility.

MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor. 412
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)

Section SP-27 –Subgrade Preparation
113

SECTION SP-27 - SUBGRADE PREPARATION

This work shall consist of the scarification and re-compaction of native soil underneath the concrete improvements and ramps as shown on the Plans.

If excavation reaches to subgrade depth in locations to receive hot mix asphalt or concrete, the soil shall be scarified to a minimum depth of 6 inches, moisture conditioned to within 2 to 5 percentage points above optimum moisture content, and compacted to a minimum relative compaction of 90 percent relative compaction to the maximum dry density as determined in the laboratory according to ASTM D1557.

The Contractor shall protect from damage all existing improvements, drainage facilities, sanitary sewage facilities, water facilities, traffic signal facilities, landscaped areas, trees and shrubbery that are not required to be removed during construction. Any existing improvements, drainage facilities, sanitary sewage facilities, water facilities, traffic signal facilities, landscaped areas, etc., damaged as a result of the Contractor’s construction activities shall be replaced by the Contractor at no cost to the City.

Shallow utilities may be located within the scarification area. The Contractor shall identify these utilities and protect during scarification.

It is the Contractor’s responsibility to plan the preparation of the subgrade with respect to weather conditions. If poor weather creates excessive moisture in the subgrade or the inability to meet minimum compaction standards, the Contractor shall implement alternative methods as approved by the Engineer to continue subgrade preparation in accordance with these Special Provisions.

Storm Water Pollution Management shall conform to the provisions in Section 18, "Storm Water Pollution Management", of these special provisions.

MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor. 413
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Section SP-28 –Adjust Utility Frame and Cover to Grade
114

SECTION SP-28 - ADJUST UTILITY FRAME AND COVER TO GRADE

Existing manhole covers, valve covers, cleanout riser covers, pressure relief covers and other items listed in these Special Provisions or shown on the plans, or as directed by the Engineer, shall be adjusted to final grade. The adjustments, which shall not be performed until all of the concrete surfacing has been placed, shall conform to the provisions in Section 71-5.03B, "Reconstruction," of the State Standard Specifications, these Special Provisions, the standard details, and as directed by the Engineer with the following modifications and as amended to include the adjustment of the facilities that do not belong to the City.

Utility companies reserve the right to perform the work using their own forces after the contract is awarded. The Contractor shall notify the utility agencies prior to start of construction for any coordination effort, and to determine if the utility owners will perform the work using their own forces.

Covers shall be adjusted so that there will not be any perceptible difference in elevation between the finished pavement surface and the cover. The City Engineer shall be the sole judge of the acceptable degree of smoothness of passage of a motor vehicle over the adjusted covers.

Portland cement concrete used for adjusting covers shall be Class B, 5 sack minor concrete conforming to the provisions in State Standard Specification Section 51, "Concrete Structures," and aggregate shall conform to Section 90 -2.02C of the State Standard Specifications with a maximum aggregate size of 1 inch.

Mortar used in resetting manhole covers shall conform to the provisions in Section 41-2.02C, "Mortar" of the State Standard Specifications.

Precast concrete elements shall conform to the provisions in Section 904, "Precast Concrete Structures" of the State Standard Specifications.

Salvaged materials which are undamaged may be reinstalled as directed by the Engineer.

Structures built of cast-in- place or precast concrete and brick or vitrified clay pipe parts shall be replaced in kind, unless otherwise permitted by the owners of the facilities.

Dirt, rocks or debris shall not be permitted to enter storm drain or sewer lines. When manhole adjustment involves excavation or concrete removal, a temporary cover shall be placed to prevent entry of material into the manhole and sewer pipe.

Storm Water Pollution Management shall conform to the provisions in Section 18, "Storm Water Pollution Management", of these special provisions.

MEASUREMENT AND PAYMENT
Adjustment of existing structure to final grade or removal and replacement of utility frame will be paid at the contract unit bid price for each acceptably adjusted frame and cover or replaced frame complete in place for Adjust SSCO Cover to Grade (Bid Item 7) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in construction layout, adjusting the facility (including removing and 414
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disposing of concrete) or replacing the cover complete in place, including supervision, as shown on the plans, as specified herein and in the special provisions, and as directed by the Engineer.

Adjustment of existing structure to final grade or removal and replacement of utility frame will be paid at the contract unit bid price for each acceptably adjusted frame and cover or replaced frame complete in place for Adjust SSMH Cover to Grade (Bid Item 8) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in construction layout, adjusting the facility (including removing and disposing of concrete) or replacing the cover complete in place, including supervision, as shown on the plans, as specified herein and in the special provisions, and as directed by the Engineer.

Adjustment of existing structure to final grade or removal and replacement of utility frame will be paid at the contract unit bid price for each acceptably adjusted frame and cover or replaced frame complete in place for Adjust SDMH Cover To Grade (Bid Item 9 and 4A) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in construction layout, adjusting the facility (including removing and disposing of concrete) or replacing the cover complete in place, including supervision, as shown on the plans, as specified herein and in the special provisions, and as directed by the Engineer.

Adjust SDMH Cover To Grade (Bid Item No. 9 and 4A) shall be a Bid Alternative item not included in the base bid.

Adjustment of existing structure to final grade or removal and replacement of utility frame will be paid at the contract unit bid price for each acceptably adjusted frame and cover or replaced frame complete in place for Adjust Water Valve Cover to Grade (Bid Item 10), and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in construction layout, adjusting the facility (including removing and disposing of concrete) or replacing the cover complete in place, including supervision, as shown on the plans, as specified herein and in the special provisions, and as directed by the Engineer.

No compensation will be allowed for any adjustments which may be performed by the owners of the facilities.
415
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Section SP-29 –Class 2 Aggregate Base
116

SECTION SP-29 - CLASS 2 AGGREGATE BASE

Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, “Aggregate Bases”, and compaction shall conform to Section 26 -1.03E of the State Standard Specifications and these Special Provisions.

Aggregate base exceeding a workable moisture content will be rejected by the Engineer and shall be immediately removed from the project site by the Contractor. The grading of the material shall conform to the ¾ inch, maximum, specified in Section 26 -1.02B, “Class 2 Aggregate Base”, of the State Standard Specifications.

Aggregate base shall be spread in accordance with the provisions of Section 26-1.03D, "Spreading" and Section 26-1.03E, "Compaction", of the State Standard Specifications. Spreading and compacting shall be performed by methods that will produce a uniform base, firmly compacted and free from pockets of coarse or fine material. No spreading operation shall begin until the physical characteristics of aggregate base have been approved by the Engineer.

Storm Water Pollution Management shall conform to the provisions in Section 18, "Storm Water Pollution Management", of these special provisions.

MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor. 416
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Section SP-30 –Hot Mix Asphalt (HMA)
117

SECTION SP-30 - HOT MIX ASPHALT (HMA)

This work includes producing and placing hot mix asphalt (HMA) Type A using the “Standard” process. Comply with Section 39, "Hot Mix Asphalt," of the Standard Specifications except as modified herein.

MATERIALS
The grade of asphalt binder mixed with aggregate for HMA Type A must be PG 64-10. The aggregate for HMA Type A must comply with the ½” grading for the final lift and ¾” grading for the lower lifts and base repair areas as shown on the plans.

Modify 39-2.03A Testing as follows:

Quality Characteristic: Percent of maximum theoretical density (%) for HMA Types A & B to 92% to 96%. Retain footnotes e & f. Add the footnotes k through m to this requirement:

k. Perform testing in accordance with CT 375
l. Maximum lot size shall be 500 tons

1. Maximum 3 test sites per location, 1 test for each 50 tons thereafter.

2. Each street segment shall be an independent lot(s)
m. Failing test shall be verified by coring if requested by the Contractor. Contractor obtains cores at locations randomly determined by Engineer. Engineer tests cores.

If requested by the Contractor and approved by the Engineer, non-nuclear gauges may be substituted for use in CT 375.

Tack Coat
Tack coat shall be applied to all vertical surfaces of existing pavement, curbs, gutters, and construction joints, against which additional material is to be placed, to a new or old pavement to be overlaid, and to other surfaces as designated by the Owner’s Engineer. Shields for protecting curb faces shall be provided and used during tacking of curb faces.

If the paving oil or emulsion is applied undiluted, it shall be applied at a rate of 0.05 to 0.15 gallons per square yard. If the emulsion is applied diluted 1:1 with water, it shall be applied at a rate of 0.10 to 0.30 gallons per square yard, as directed by the Engineer.

WORKMANSHIP
Finished Surface
The completed surfacing shall be thoroughly compacted, smooth, and free from ruts, humps, depressions, irregularities, rock pockets, excessive coarse aggregate, and roller marks.

Any ridges, indentations, or other objectionable marks left in the surface of the asphalt concrete shall be eliminated by rolling or other means. The use of any equipment that leaves ridges, indentations, or other objectionable marks in the asphalt concrete shall be discontinued.

The Contractor shall provide sufficient manpower and manual compacting equipment to perform 417
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all handwork compaction in unison with the initial compaction rolling. If the handwork compaction begins to lag for whatever reason, the Contractor shall cease paving operations until the handwork compaction is caught up with the rest of the paving operation.

Areas of hand work at joints and miscellaneous structures shall match the smooth surface texture of all other areas of the new pavement. Any areas which have a rough surface texture shall be reworked with heat and asphalt concrete fines shall be placed. Coarse aggregate removed during raking shall not be returned to the finished mat surface. Such coarse aggregate may be returned to the hopper of the paving machine or spread immediately in front of the paver. Cold coarse aggregate shall not be reused, but discarded.

Finished areas of asphalt concrete adjacent to concrete drainage facilities shall be placed in such a manner that the finished surface is no greater than 1/4 inch higher than the facility and no lower than flush with the facility.

Cold Joints
The contractor shall heat by torch or other acceptable methods paving joints which do not receive an adjacent pass within 3 hours of placement. If the cold joint goes unpaved against overnight, the contractor shall heat the joint and place tack coat prior to placing the adjacent pass. Longitudinal pavement joints shall be on, or as close as possible to, the lane lines.

Storm Water Pollution Management shall conform to the provisions in Section 18, "Storm Water Pollution Management", of these special provisions.

MEASUREMENT AND PAYMENT
The contract unit bid price per square foot for Construct Raised Intersection (Bid Item 4) shall include full compensation for construction layout, site preparation storm water pollution management, class 2 aggregate base, disposal of material, sawcutting, furnishing and placing HMA, and grading in compliance with the provisions of this section, as shown on the plans, as specified in the Standard Specifications, these Special Provisions, and as directed by the City Engineer.

The contract unit bid price per square foot for Construct Raised Crosswalk (Bid Item 3A) shall include full compensation for construction layout, site preparation , storm water pollution management, class 2 aggregate base, disposal of material, sawcutting, furnishing and placing HMA, and grading in compliance with the provisions of this section, as shown on the plans, as specified in the Standard Specifications, these Special Provisions, and as directed by the City Engineer. Construct Raised Crosswalk (Bid Item 4A) shall be a Bid Alternative item not included in the base bid

418
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Section SP-31 –Thermoplastic Striping and Pavement Markings 119

SECTION SP-31 - THERMOPLASTIC STRIPING AND PAVEMENT MARKINGS

Traffic striping and pavement markings shall conform to the provisions in Sections 84 -1, “General” and 84 -2, “Thermoplastic Traffic Stripes and Pavement Markings” of the Standard Specifications and these Special Provisions. The Contractor shall provide and place traffic stripes and pavement markings as described in Section 84 “Markings” of the State Standard Specifications and as described in these Special Provisions. Traffic striping and pavement markings shall be thermoplastic unless noted otherwise. Striping “Details” shall be as described in Chapter 6, “Markings,” of the State Traffic Manual and as shown in the State of California Department of Transportation Standard Plans (2018 as amended).

Apply a primer if recommended by manufacturer of the thermoplastic material to all asphalt surfaces.

Layout markings shall be approved by the Engineer prior to performing the striping. All new striping and markings shall coincide as nearly as possible with the original unless otherwise directed by the Engineer. Work shall be in conformance with Sections 84 of the State Specifications, as modified herein. Striping and marking layout shall be in accordance with the State Traffic Manual details, except as modified by the Engineer.

Advance spotting and recording of angle points, end points, and other control points, plus color and line detail type, shall be performed by the Contractor. Any uncertainties shall be discussed with Engineer prior to application. Permanent striping and markings shall be placed no sooner than (7) and no later than (10) calendar days after the pavement is placed.

Subsequent to completion of traffic striping operations on a project street, all temporary layout markings and, “floppies,” must be removed by the contractor.

Red Curb Painting
Existing concrete curbs shall be painted as shown on the plans and as directed by the Engineer.

Paint coverage shall be from the bottom of the vertical face of the curb to the joint or score line between the top of curb and sidewalk or median surfacing. Red paint shall conform to the provisions in Section 91-4.02B of Standard Specification or as approved by the Engineer.

Removal of existing striping

Existing and temporary striping and pavement markings that conflict with the final striping and pavement markings, as shown on the plans, shall be removed to the fullest extent possible as approved by the engineer. Any grinding of the pavement marking shall be done to a square or rectangular block shape. The method of removal shall not materially damage the surface or texture of the pavement or surfacing. Any pavement or surfacing, in the opinion of the engineer that has been unreasonably damaged, shall be repaired to the Engineer’s satisfaction at no expense to the City.

Sand or other material deposited on the pavement as a result of removing the traffic stripe and markings shall be removed immediately as the work progresses and shall not be allowed to enter drainage facilities or constitute a hazard to traffic.
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Following removal of traffic stripes, either temporary or new permanent stripes and markings shall be in place prior to opening the roadway to public.

Storm Water Pollution Management shall conform to the provisions in Section 18, "Storm Water Pollution Management", of these special provisions.

MEASUREMENT AND PAYMENT
Thermoplastic traffic stripes will be measured by the linear foot regardless of the number of individual stripes and pavement markers comprising the detail.

The contract prices paid per linear foot for Install 12" Thermoplastic Pavement Marking or Crosswalk (Bid Item 12 and 8A) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in construction layout, storm water pollution management, applying pavement markers, thermoplastic pavement striping and markings complete in place, including surface preparation, establishing alignment for stripes, layout work, stencils, and application of glass beads, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Install 12" Thermoplastic Pavement Marking or Crosswalk (Bid Item 9A) shall be a Bid Alternative item not included in the base bid.

The contract prices paid per linear foot for 4" Diagonal Stripe (White) (Bid Item 14) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in construction layout , storm water pollution management , applying pavement markers, thermoplastic pavement striping and markings complete in place, including surface preparation, establishing alignment for stripes, layout work, stencils, and application of glass beads, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

The contract prices paid per square feet for the various Install Thermoplastic Pavement Marking (Bid Item 7A) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in construction layout, storm water pollution management , applying pavement markers, thermoplastic pavement striping and markings complete in place, including surface preparation, establishing alignment for stripes, layout work, stencils, and application of glass beads, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Install Thermoplastic Pavement Marking (Bid Item 8A) shall be a Bid Alternative item not included in the base bid.

The contract unit price paid per linear foot for Paint Curb Red (Bid Item 13) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in storm water pollution management, painting curbs, complete in place, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.
420
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Section SP-32 –Pavement Markers
121

SECTION SP-32 - PAVEMENT MARKERS

This work shall consist of furnishing and placing pavement markers as designated by the Engineer in conformance with Section 81 -3, "Pavement Markers", of the State Standard Specifications, the details on the plans, and these special provisions.

The maximum allowable tolerances for positioning the markers shall be as follows: Slanted toward the traffic lane – 5/8 inch in the 4 inch width of the marker.

Slanted away from the traffic lane – 1/4 inch in the 4 inch width of the marker.

MEASUREMENT AND PAYMENT
Full compensation for pavement markers shall be considered as included in the contract prices paid per linear foot for the stripe and no separate payment will be made therefor. 421
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Section SP-33 –Pre-formed Thermoplastic Crosswalk Marking 122

SECTION SP-33 - PRE-FORMED THERMOPLASTIC CROSSWALK MARKING

GENERAL

Preformed thermoplastic pavement marking is a pavement overlay marking material to be used for crosswalks as shown on the plans.

The material must be a resilient preformed thermoplastic product which contains a minimum of thirty percent (30%) intermixed anti-skid/anti-slip elements and where the top surface contains anti-skid/anti-slip elements. These anti-skid/anti-slip elements must have a minimum hardness of 8 (Mohs scale) and meet the following gradation:

Size Gradation Intermix Drop - On

US Mesh

µm Retained,
%

Passing,
%
Retained,
%

Passing,
%
10 2000 0 - 10% 90 - 100%
12 1700 5 - 25% 75 - 95%
14 1400 15 - 50% 50 - 85%
16 1180 15 - 50% 50 - 85% 0 - 5% 95 - 100%
18 1000 10 - 30% 70 - 90% 0 - 10% 90 - 100%
20 850 0 - 5% 95 - 100% 5 - 25% 75 - 95%
25 710 0 - 2% 98 - 100% 15 - 50% 50 - 85%
30 600 15 - 50% 50 - 85%
35 500 5 - 25% 75 - 95%
40 425 0 - 10% 90 - 100%

The material must be resistant to the detrimental effects of motor fuels, antifreeze, lubricants, hydraulic fluids, etc.

The material shall be capable of being applied on bituminous and/or portland cement concrete pavements primarily by the use of an infrared heater supplied by the material manufacturer. A handheld propane heat torch supplied by the material manufacturer may be used in isolated areas.

The use of a compactor or similar equipment shall not be necessary. The material must be able to be applied to asphalt and concrete surfaces without preheating the application surface to a specific temperature. The material must be capable of being affixed to green concrete (concrete that has set but not appreciably hardened). The material shall not require the portland cement concrete application areas to be cured or dried out.

The material must be capable of conforming to pavement contours, breaks and faults through the action of traffic at normal pavement temperatures. It shall not be necessary to use a grid template or to make pattern grooves or other indentations in the asphalt or concrete surface prior to applying the material. It shall not be necessary to inlay the material in grooves or indentations.

It shall not be necessary to heat the pavement or application surface to a specific temperature.

The material is typically supplied in segments measuring 24 in. (61cm) by 24 in. (61cm). The material must be factory assembled and interconnected with a compatible material, so that it is 422
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unnecessary to assemble the individual “brick” pieces at the jobsite. Certain 24 in. (61cm) by 24 in. (61cm) material segments may be rotated to create additional pattern options using standard parts.

Interchangeable, patterned borders shall be available in either 8 in. (20cm) or 12 in. (30cm) wide by 24 in. (61cm) long sizes, to allow flexibility in design options using standard parts.

The material must be able to be applied in temperatures down to 45ºF (7.2ºC) without any special storage, preheating or treatment of the material before application.

The material must be able to be applied to asphalt and concrete surfaces without using a grid template and without forming a pattern in the pavement substrate. Heating indicators must be evenly distributed on the surface of the material in order to ensure correct application.

The material must cover the entire application area and be flush across the surface. Once applied, no part of the pavement surface should be visible in the application area.

MANUFACTURING CONTROL AND ISO CERTIFICATION: The manufacturer must be ISO 9001:2008 certified for design, development and manufacturing of preformed thermoplastic, and provide proof of current certification.

MATERIAL

Must be composed of an ester modified rosin impervious to degradation by motor fuels, lubricants, etc. in conjunction with aggregates, pigments, binders, and anti-skid/anti-slip elements. Pigments and anti-skid/anti-slip elements must be uniformly distributed throughout the material. The thermoplastic material conforms to AASHTO designation M249, with the exception of the relevant differences due to the material being supplied in a preformed state, being non-reflective, and potentially being of a color different from white or yellow.

Pigments:

White: The material shall be manufactured with sufficient titanium dioxide pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as revised and corrected.

Red, Blue, and Yellow: The material shall be manufactured with sufficient pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as revised and corrected. The pigment system must not contain heavy metals nor any carcinogen, as defined in 29 CFR 1910.1200 in amounts exceeding permissible limits as specified in relevant Federal Regulations.

Other Colors: The pigment system must not contain heavy metals nor any carcinogen, as defined in 29 CFR 1910.1200 in amounts exceeding permissible limits as specified in relevant Federal Regulations.

Heating indicators: The top surface of the material shall have regularly spaced indents. These indents shall act as a visual cue during application that the material has reached a molten state allowing for satisfactory adhesion and proper embedment of anti-skid/anti-slip elements, and a 423
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post-application visual cue that the application procedures have been followed.

Skid Resistance: The surface of the preformed thermoplastic material shall contain factory applied anti-skid material with a minimum hardness of 8 (Mohs scale). Upon application the material shall provide a minimum skid resistance value of 60 BPN when tested according to ASTM E 303.

Slip Resistance: The surface of the preformed thermoplastic material shall contain factory applied anti-skid material with a minimum hardness of 8 (Mohs scale). Upon application the material shall provide a minimum static friction of coefficient of 0.6 when tested according to ASTM C 1028 (wet and dry), and a minimum static coefficient of friction of 0.6 when tested according to ASTM D 2047.

Thickness: The material must be supplied at a minimum thickness of 125 mil (3.18mm).

Environmental Resistance: The material must be resistant to deterioration due to exposure to sunlight, water, salt or adverse weather conditions and impervious to oil and gasoline.

Interconnected: The material must consist of interconnected individual pieces of preformed thermoplastic pavement marking material, which through a variety of colors and patterns, make up the desired design. The individual pieces in each material segment, typically 24 in. (61cm) by 24 in. (61cm), must be factory assembled and interconnected with a compatible material so that in the field it is not necessary to assemble the individual pieces within a material segment. Multiple patterned border segment options shall be available in the material in either 8 in. (20cm) or 12 in. (30cm) wide by 24 in. (61cm) long sizes.

APPLICATION

Manufacturer Certified Applicator Requirement: The material shall be supplied and applied only by an applicator certified by the material manufacturer. The applicator shall provide proof of current certification before commencing work. The Certified Applicator shall follow the material manufacturer’s current published application procedures.

Asphalt: The material shall be applied primarily by using an infrared heater supplied by the material manufacturer. A handheld propane heat torch supplied by the material manufacturer may be used in isolated areas. The material must be able to be applied at ambient and road temperatures down to 45ºF (7.2ºC) without any preheating of the pavement to a specific temperature. A sealer specified and supplied by the material manufacturer must be applied to the substrate prior to material application to ensure proper adhesion, and to provide bond reinforcement for larger volumes of material. The sealer must be supplied by the material manufacturer in 300/600ml cartridges along with sealer application supplies. A thermometer shall not be required during the application process. The pavement shall be clean, dry and free of debris. The supplier must provide current application instructions to the Certified Applicator.

Portland Cement Concrete: The same application procedure shall be used as described above.

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PACKAGING

The preformed thermoplastic material shall be placed in protective plastic film with cardboard stiffeners where necessary to prevent damage in transit. The cartons in which packed shall be non-returnable and shall not exceed 25 in. (64cm) in length and 25 in. (64cm) in width. Packages shall be labeled for ease of identification. The weight of the individual carton must not exceed fifty (50) pounds (23kg). A protective film around the box must be applied in order to protect the material from rain or premature aging.

MEASUREMENT AND PAYMENT
The contract price per square foot for Install Pre-formed Thermoplastic Crosswalk Markings (Bid Item 11 and 5A) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved with placing thermoplastic crosswalk markings as specified in these Special Provisions, as shown on the plans and as directed by the Engineer. Install Pre-formed Thermoplastic Crosswalk Markings (Bid Item 6A) shall be a Bid Alternative item not included in the base bid. 425
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Section SP-34 –Rectangular Rapid Flashing Beacons
126

SECTION SP-34 - RECTANGULAR RAPID FLASHING BEACONS

GENERAL

The work described in this section shall be completed in accordance with Section 86 of the 2018 edition of the State Standard Specifications, the 2018 edition of the State Standard Plans, the City Standard Plans and Specifications, the Construction Plans, and these Special provisions except unless otherwise specified.

Functions
a. The light intensity of the vehicle indications shall meet the minimum specifications of Society of Automotive Engineers (SAE) standard J595 (Directional Flashing Optical Warning Devices for Authorized Emergency, Maintenance, and Service Vehicles) dated November 2008. Manufacturer Certification of Compliance shall be provided upon request. b. When activated, all indications associated with a given crosswalk (including those with an advance crossing sign, if used) shall simultaneously commence operation of their alternating rapid flashing within 120msec, and shall cease operation at a predetermined time after the pedestrian actuation. c. The Pedestrian indication shall be directed at and visible to pedestrians in the crosswalk, and it shall flash concurrently with the vehicle indications to give confirmation that the RRFB-XL™ is in operation.
d. The system shall include an actuation counter providing data that can be downloaded on-site to a laptop computer using DB9 or USB type cables. e. Autonomy with a fully charged battery shall be up to 14 -28 days without sun, dependent upon ambient temperature and number of activations

MATERIALS

Light Bar Housing and Indications
a. The Light Bar housing shall be constructed of durable, corrosion- resistant powder-coated aluminum with stainless steel fasteners.
b. Enclosed components shall be modular in design whereby any component can be easily replaced using common hand tools, without having to remove the housing from the pole.
c. All mounting hardware required for mounting the Light Bar housing shall be provided, and shall be stainless steel.
d. Each of the two vehicle RRFB-XL™ LED indications shall be approximately 7.25" wide x 3" high.
e. A pedestrian LED indication, approximately 0.5" wide x 2.5" high, shall be side- mounted in the Light Bar housing to be directed at and visible to pedestrians in the crosswalk.
f. The LEDs used shall be rated for a minimum 15-year life span.

Controller
a. The Controller shall be housed in a NEMA 3R rated aluminum enclosure, intended for indoor or outdoor use, primarily to provide a degree of protection 426
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against corrosion, windblown dust and rain, splashing water, hose -directed water, and damage from ice formation.
b. The LED light outputs and flash pattern shall be completely programmable, with the capability to actuate RRFB-XL, RRFB, round LED signal beacons and LED- enhanced signs.
c. The flashing output shall have 70 to 80 periods of flashing per minute, during which one of the yellow indications shall emit two medium pulses of light and the other yellow indication shall emit four short rapid pulses of light followed by a long pulse. The output current shall be maintained as programmed for the duration of the pulse. The flashing output shall be programmable. d. The Controller shall be reconfigurable if future MUTCD or State guidelines specify a different flash pattern.
e. The Controller shall be capable of storing input count data in preset intervals, with downloadable capabilities using optional Windows - based PC software program and standard RS232 programming cable.

f. The Controller shall be, in the unlikely event of failure, replaceable independently of other components.

Battery
a. The Battery shall be a 12VDC Absorbed Glass Mat (AGM) sealed lead-acid, maintenance-free battery.
b. The Battery shall be rated at 45AH minimum and shall conform to Battery Council International (BCI) specifications.
c. The Battery shall be solar-charged with a capacity up to 30 days of autonomy without sunlight, varying with ambient temperature and number of activations. d. The Battery shall be replaceable independently of other components. e. The Battery shall have a minimum operating temperature range of -76º to 140ºF (-60º to 60ºC).

Wireless Transceiver Radio
a. Radio control shall be solar-powered, operating on a FCC- approved 900mhz frequency, hopping spread spectrum network with a normal operating range of 1000 feet.
b. Radios shall provide wireless communication between the Assemblies to integrate the pushbutton activation of indications.
c. To ensure all integral indications consistently flash in unison, the Radio shall synchronize the Controllers to activate the indications within 120msec of one other and remain synchronized throughout the duration of the flashing cycle. d. Radio systems shall operate from 3.6 VDC to 15VDC
e. The Radio shall be, in the unlikely event of failure, replaceable independently of other components.
f. The Radio shall have a minimum operating temperature range of -30ºF to 165ºF (-34.4º to 73.8ºC).

Solar Panel
a. The Solar Panel shall provide 55 watts at peak total output. 427
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b. The Solar Panel shall be affixed to an aluminum plate and bracket, adjustable at an angle of 45°- 60° to facilitate adjustment for maximum solar collection and optimal battery strength.
c. The Solar Panel Assembly (panel, plate and bracket) shall be mounted on a 360º rotatable pole cap mount, to facilitate adjustment for maximum solar collection and optimal battery strength.
d. Rated for 90mph wind conditions
e. The Solar Panel shall have a minimum operating temperature range of -40º to 185ºF (-40º to 85ºC).

Signs and Plaques
a. All signs shall conform to MUTCD standards.
b. All sign blanks and plaques shall be Federally specified .080 gauge, 5052 aluminum. c. Unless specified otherwise, sign sheeting shall be 3M™ DG3 diamond grade cubed or equivalent prismatic sheeting, with anti-graffiti overlay. d. All sign assemblies shall use provided anti-vandal fasteners and tools to mount components to sign, and sign to fixture.
e. Crossing signs shall be W11-2, S1-1 or W11-15 per MUTCD f. Crossing plaques W16-7P shall also accompany the crossing signs. g. Pedestrian pushbutton instruction signs shall be furnished, at a minimum size of 5" x 7", to be mounted adjacent to or integral with each pedestrian pushbutton.

Bulldog Pushbutton
a. The Push Button shall be capable of continuous operation within a temperature range of -30º to 165ºF (-34º to 74ºC).
b. The Push Button shall be ADA compliant, and shall operate as a normally open (n/o) circuit.

MEASUREMENT AND PAYMENT
The contract price per each for Install Solar Rectangular Rapid Flashing Beacon (Bid Item 6A) shall include compensation for the installation of the RRFB system and construction layout, including all mounting hardware, conduit, pull boxes and cabling, including configuration of the system and testing shall be included in the contract lump sum price paid for the RRFB System and no additional compensation will be allowed therefor. Install Solar Rectangular Rapid Flashing Beacon (Bid Item 7A) shall be a Bid Alternative item not included in the base bid.

The contract price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing and installing, modifying, or removing the systems, combinations or units thereof, as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer, including any necessary pull boxes; excavation and backfill; concrete foundations; pedestrian barricades; furnishing and installing poles; restoring sidewalk, pavement and appurtenances damaged or destroyed during construction; salvaging existing materials; and making all required tests.

Full compensation for all additional materials and labor, not shown on the plans or specified, which are necessary to complete the installation of the various systems, shall be considered as 428
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included in the prices paid for the systems, or units thereof, and no additional compensation will be allowed therefor.
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SECTION SP-35 - ROADSIDE SIGNS

Work includes sign installation as shown on plans and as directed by the engineer. Sign installation shall conform to the provisions in Section 82 -3, “Roadside Signs,” of the Standard Specifications and these provisions. Traffic signs shall conform to the latest edition of the MUTCD California Supplement.

All new sign posts shall be 2 -inch inside diameter galvanized Schedule 40 steel pipe and conform to Contra Costa County Standard Plans CRS1i unless noted on the contract drawings.

The post shall be of sufficient length to fasten the specified number of signs with minimum ground clearance, and 2.5 -foot foundation depth. All post tops shall be fitted with a slip -on aluminum cap.

Concrete for roadside sign bases shall be Minor Concrete to the Standard Specifications. Portland cement concrete structures shall conform to the provisions in Section 51, "Concrete Structures," of the Standard Specifications and these special provisions.

When conflict exists between specifications published in the City of Richmond Standard Plans and Contra Costa County Standard Plans, the specifications indicated in the City of Richmond Standard Plans shall take precedence.

Sign panels shall be constructed from 0.080 gauge new sheet aluminum alloy 5052 H38 or 6061- T6 conforming to the requirements of ASTM B -209. Shape, color, legend, and size shall conform to the current Caltrans sign specifications.

Sign panel fastening hardware and mountings including straps and saddle brackets necessary for mounting signs panels to electroliers shall conform to Caltrans Standard Plan RS4 and be stainless steel conforming to the specifications of ASTM A 167, Type 302 or 304. Theft -proof bolts shall be provided for all signs.

Storm Water Pollution Management shall conform to the provisions in Section 18, "Storm Water Pollution Management", of these special provisions.

MEASUREMENT AND PAYMENT
The contract price per each for Install New Sign and Post (Bid Item 15) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in construction layout , storm water pollution mangement , earthwork, subgrade preparation, clearing & grubbing, furnishing and installing, including post, foundation, panel, hardware, disposal of material, complete in place as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

Multiple sign panels installed on one post will count as one sign. 430

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SECTION SP-36 - REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS FHWA-1273 -- REVISED MAY 1, 2012

14.01. General

14.02. Nondiscrimination

14.03. Nonsegregated Facilities

14.04. Davis-Bacon and Related Act Provisions

14.05. Contract Work Hours and Safety Standards Act Provisions

14.06. Subletting or Assigning the Contract

14.07. Safety: Accident Prevention

14.08. False Statements Concerning Highway Projects

14.09. Implementation of Clean Air Act and Federal Water Pollution Control Act

14.10. Compliance with Governmentwide Suspension and Debarment Requirements

14.11. Certification Regarding Use of Contract Funds for Lobbying

Attachments

Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)

14.1.01 General

Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services).

The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider.

Form FHWA-1273 must be included in all Federal -aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract).

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Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract.

A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

14.1.02 Nondiscrimination

The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies:

Executive Order 11246, 41 CFR 60, 29 CFR 1625 -1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60 -1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

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Section SP-36 - Required Contract Provisions Federal-Aid Construction Contracts Fhwa-1273 -- Revised May 1, 2012

a) Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625- 1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

1. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract.

2. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre- apprenticeship, and/or on-the-job training."

b) EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

c) Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

1. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer.

2. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations 433

Section SP-36 - Required Contract Provisions Federal-Aid Construction Contracts Fhwa-1273 -- Revised May 1, 2012

within thirty days following their reporting for duty with the contractor.

3. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

4. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

5. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

d) Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

1. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

2. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

3. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees.

e) Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed:

1. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
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2. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.

3. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

4. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

f) Training and Promotion:

1. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

2. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

3. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each.

4. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

g) Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

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Section SP-36 - Required Contract Provisions Federal-Aid Construction Contracts Fhwa-1273 -- Revised May 1, 2012

1. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

2. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability.

3. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

4. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph.

In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

h) Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.

i) Selection of Subcontractors, Procurement of Materials and Leasing of Equipment:

The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

1. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract.

2. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

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j) Assurance Required by 49 CFR 26.13(b):

1. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program are incorporated by reference.

2. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.

k) Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.

1. The records kept by the contractor shall document the following:

(a) The number and work hours of minority and non -minority group members and women employed in each work classification on the project;

(b) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and

(c) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women;

2. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

14.1.03 Nonsegregated Facilities

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of
$10,000 or more.
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Section SP-36 - Required Contract Provisions Federal-Aid Construction Contracts Fhwa-1273 -- Revised May 1, 2012

The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

14.1.04 Davis-Bacon and Related Act Provisions

This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right -of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA -1273 format and FHWA program requirements.

A. Minimum wages

1. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis- Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be 438

Section SP-36 - Required Contract Provisions Federal-Aid Construction Contracts Fhwa-1273 -- Revised May 1, 2012

compensated at the rate specified for each classification for the time actually worked therein:

Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis- Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

1. The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(a) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(b) The classification is utilized in the area by the construction industry; and

(c) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

2. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

3. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary.

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4. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

d) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

B. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

1. Payrolls and Basic Records Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing 440

Section SP-36 - Required Contract Provisions Federal-Aid Construction Contracts Fhwa-1273 -- Revised May 1, 2012

benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

2. The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals.

Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.

3. Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
a) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
b) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either 441

Section SP-36 - Required Contract Provisions Federal-Aid Construction Contracts Fhwa-1273 -- Revised May 1, 2012

directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; c) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph

3.b.(2) of this section.

4. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
a) The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

5. Apprentices and trainees
a) Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

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The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

6. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.
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Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

7. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

a) Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.

8. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.

9. Subcontracts. The contractor or subcontractor shall insert Form FHWA -1273 444

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in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

10. Contract termination: debarment. A breach of the contract clauses in 29 CFR

5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

11. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

12. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7.

Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S.

Department of Labor, or the employees or their representatives.

13. Certification of eligibility.
a) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

14.1.05 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR

5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess 445

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of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages.

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.

14.1.06 SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction contracts on the National Highway System.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any 446

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specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).

a) The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions:

i) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;
ii) the prime contractor remains responsible for the quality of the work of the leased employees;
iii) the prime contractor retains all power to accept or exclude individual employees from work on the project; and
iv) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.

b) "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract.

The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.

The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

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No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.

The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self-performance requirements.

14.1.07 SAFETY: ACCIDENT PREVENTION

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704).

14.1.08 FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by 448

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engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:

18 U.S.C. 1020 reads as follows:

"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented;

Shall be fined under this title or imprisoned not more than 5 years or both."

14.1.09 IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER

POLLUTION CONTROL ACT

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:

1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.

2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and 449

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further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.

14.1.10 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

INELIGIBILITY AND VOLUNTARY EXCLUSION

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200.

1. Instructions for Certification – First Tier Participants:

a) By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.

b) The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction.

c) The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default.

d) The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

e) The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction 450

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under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

f) The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

g) The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

h) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https:// www.epls.gov/), which is compiled by the General Services Administration.

i) Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

j) Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate 451

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this transaction for cause or default.

* * * * *

2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants:

a) The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:

i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;

ii) Have not within a three-year period preceding this proposal been convicted ofor had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and

iv) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

b) Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)

a) By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.

b) The certification in this clause is a material representation of fact upon 452

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which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

c) The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.

d) The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

e) The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

f) The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

g) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, 453

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unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

h) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

i) Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

* * * * *

14.1.11 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:

The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

* * * * *

CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).

The prospective participant certifies, by signing and submitting this bid or proposal, to the best 454

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of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

4. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 455

Appendices

APPENDICES
456

A
APPENDIX A – CITY OF RICHMOND –

CONSTRUCTION AGREEMENT
457
A-1

CONSTRUCTION AGREEMENT

This Construction Agreement (“Agreement”) is made and entered into this ____ day of ____, 202_, by and between the City of Richmond, a municipal corporation and charter city (“City”) and __________________, [IDENTIFY CORPORATE FORM] (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”

RECITALS

A. On ______________, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of _________________, located at ____________ (the “Project”).

B. Contractor submitted the lowest responsive bid and has been determined to be responsible.

C. City now desires to contract with Contractor to furnish construction and related services for the Project.

NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:

ARTICLE I

CONSTRUCTION OF PROJECT

Section 1.1 Contract Documents
.

Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids [THIS

LIST MAY BE MODIFIED TO PROVIDE A MORE DETAILED DESCRIPTION OF THE DOCUMENTS FOR YOUR PROJECT – FOR EXAMPLE, YOU MAY SPECIFY THE NUMBER OF RFI/RESPONSES TO RFI THAT RE INCLUDED] – Contractor’s Proposal attached as Exhibit A, and this Agreement, constitute the “Contract Documents.”

Section 1.2 Construction
.

Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.

Section 1.3 Payments
.

Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as 458
A-2

part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.

Section 1.4 Discovery of Hazardous Waste or Unusual Conditions .

(a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement. (c) 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 Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

Section 1.5 Laws and Regulations
.

(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof.

(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, 459
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building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.

(c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq
., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City’s Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City’s Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City’s Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56). During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.

(d) Contractor and all subcontractors shall maintain accurate payroll records 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 and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance.

Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.

Section 1.6 Inspections
.

Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and 460
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inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.

Section 1.7 Equal Opportunity.

(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.

(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.

Section 1.8 Working Hours
.

Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.

Section 1.9 Insurance and Bond Requirements
.

(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861. (b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days. The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor’s receipt of the City’s approval of evidence of insurance coverage related to the construction of the Project.
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(c) Contractor shall require and verify that all subcontractors or other parties hired for the Project purchase and maintain coverage for indemnity and insurance at least as broad as specified in the Project Specifications to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this Agreement. Contractor shall include the following language in their agreement with subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Contract Documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the insurance and indemnity requirements of the Contract Documents will be furnished to the subcontractor upon request.” Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder’s Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.

(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
(e) Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in the Project Specifications shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in the Project Specifications; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. No representation is made that the minimum insurance requirements set forth in the Project Specifications are sufficient to cover the obligations of the Contractor under this Agreement. (f) Contractor shall maintain the insurance requirements set forth in the Project Specifications for a minimum of five (5) years following the completion of the Project. In the event Contractor fails to obtain or maintain completed operations coverage as required by the Project Specifications, the City at its sole discretion may purchase the coverage required and the cost for the same shall be paid by Contractor upon demand by the City.

Section 1.10 Security In Lieu of Retention
.

(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.

1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.
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2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 463
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(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address

At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner Contractor
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________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature

Section 1.11 Senate Bill 854 Notice Requirements.

As provided in SB 854 (Stats. 2014, ch. 28): (a) no contractor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contracts Code, or engage in the performance of any contract for public work, unless currently registered with DIR and qualified to perform public work pursuant to California Labor Code Section 1725.5 (Lab. Code §1771.1(a)); (b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform publ ic work pursuant to Labor Code Section 1725.5 (Lab. Code §1771.1(b)); and (c) work performed on the project is subject to compliance monitoring and enforcement by DIR (Lab. Code §1771.4).

Section 1.12 Job Site Notices.

Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.

Section 1.13 Municipal Code Chapter 2.65 Requirements .

Contractor shall comply with Chapter 2.65 of the Richmond Municipal Code banning the requirement to provide information of prior criminal convictions on employment applications.

ARTICLE II

DEFAULT AND REMEDIES
Section 2.1 Events of Default.

In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.

Each of the following shall constitute a “Default” by Contractor under this Agreement:
(a) Breach of Covenants
. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the 465
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breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.

(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor’s relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.

(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.

(e) Liens on Property and the Development
. There shall be filed any claim of lien
(other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.

Section 2.2 Remedies.

The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:

(a) Specific Performance
. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.

(b) Right of Contest
. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder.

Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.

(c) Remedies Cumulative
. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and 466
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each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.

Section 2.3 Waiver of Damages
.

Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.

ARTICLE III

GENERAL PROVISIONS
Section 3.1 Relationship of Parties.

Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.

Contractor shall be solely responsible for its own acts and those of its agents and employees.

Section 3.2 Change Orders
.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:

1. The work performed in connection with the change to be made;

2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2018 State of California Department of Transportation Standard Specifications; and

3. The amount of time to be adjusted in the schedule for performance, if any. (b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will 467
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become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.” (c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.

Section 3.3 Claims By Contractor
.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project. Pursuant to Section 9204 (d)(5) of the Public Contract Code, however, Contractor may present a claim on behalf of a subcontractor for work which was performed by that subcontractor or lower tier subcontractor. Such claim shall have been reviewed and evaluated by Contractor prior to submission to the City. (b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should Contractor have a claim against the City, as the term “claim” is defined in Section 9204 of the Public Contract Code, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER (each, a “Claim”), then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice by registered or certified mail with return receipt requested, and such Claim shall be resolved as set forth below. (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.

Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and 468
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entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.

Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. (d) Administration After Claim Submittal.

1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (or any extension thereof mutually agreed upon by City and Contractor, or any such greater time to respond afforded City under Section 9204(d)(1)(C) of the Public Contract Code) of submittal, it shall be deemed denied.

2. If Contractor disputes City’s written response, or if City fails to respond to a Claim within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.

3. Within ten (10) business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in di spute, City will provide Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within sixty (60) days after City issues its written statement. Any disputed portion of the Claim, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with City and Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the Claim has been identified in writing. If City and Contractor cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualifie d neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to Section 3.3(f) of this Agreement.

4. Failure by City to respond to a Claim within the time periods described in Section 9204 of the Public Contract Code or to otherwise comply with the time requirements of that section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of City’s failure to have responded to a claim, or its failure to otherwise comply with the time requirements of Section 9204 of the Publ ic Contract Code, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant filing the Claim.

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5. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.

(f) Compliance

1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100
th day after the earlier of (i)
the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.

2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.

3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.

Section 3.4 Indemnification
.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the “Indemnified Parties”), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and other defense costs (collectively, “Actions”), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors’ employees), or damage to property of any kind, or any other injury or damage whatsoever, which Actions arise out of or are in any way connected with the construction of the Project, regardless of Contractor’s fault or negligence; provided, however, that Contractor’s, and Contractor’s subcontractors’ indemnity obligations hereunder shall not apply to the extent any Actions are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Actions asserted after termination of this Agreement for whatever reason for the full period of time allowed by law.
(b) In Actions against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, 470
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compensation of benefits payable under workers’ compensation acts, disability benefit acts or other employee benefit acts.
(c) The defense and indemnification obligations set forth in Section 3.4(a) above are undertaken in addition to, and shall not in any way be limited by, the insurance obligations set forth in the Project Specifications.

Section 3.5 Non-Liability of City Officials, Employees and Agents .

No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.

Section 3.6 No Third Party Beneficiaries
.

There shall be no third party beneficiaries to this Agreement.

Section 3.7 Conflict of Interest
.

(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person’s tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.

(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.

Section 3.8 Notices, Demands and Communications
.

If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and

(1) if intended for the City shall be addressed to:
471
A-15

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: XXXX

With copy to:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney

(2) if intended for Contractor shall
be addressed to:

XXXX
XXXX
XXXX
Attn: XXXX

Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.

Section 3.9 Applicable Law
.

This Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.

Section 3.10 Parties Bound
.

Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.

Section 3.11 Severability
.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
472
A-16

Section 3.12 Force Majeure.

Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.

Section 3.13 Waivers
.

Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City’s written consent to future waivers.

Section 3.14 Title of Parts and Sections
.

Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’s provisions.

Section 3.15 Entire Understanding of the Parties.

The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.

The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.

Section 3.16 Multiple Originals; Counterpart
.

473
A-17

This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.

[Signatures on following page]

474
A-18

WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.

Reviewed By:

_______________________
City Attorney

ATTEST:

_______________________________
City Clerk

CITY:

CITY OF RICHMOND, a municipal corporation and
charter city

By: _________________________________

Name: _________________________________
Its: __________________________________

CONTRACTOR:

XXXX

By: _________________________________

Name: _________________________________
Its: _________________________________
475

B
APPENDIX B – CITY OF RICHMOND – INSURANCE
REQUIREMNTS – CONSTRUCTION PROJECTS
476
Exhibit B

City of Richmond - Insurance Requirements –

CONSTRUCTION PROJECTS

Type 1 – Page 1 of 4

Revised: January 2013

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)

3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property.

7. Contractor’s Pollution Liability

Required Coverage

Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

477
Exhibit B

City of Richmond - Insurance Requirements –

CONSTRUCTION PROJECTS

Type 1 – Page 2 of 4

Revised: January 2013

General Liability
(primary and excess limits
combined)

PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit.

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Additional Insured Endorsement

Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
478
Exhibit B

City of Richmond - Insurance Requirements –

CONSTRUCTION PROJECTS

Type 1 – Page 3 of 4

Revised: January 2013

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS

The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors

CONTRACTOR
shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

479
Exhibit B

City of Richmond - Insurance Requirements –

CONSTRUCTION PROJECTS

Type 1 – Page 4 of 4

Revised: January 2013

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation

CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

480
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):

Services up to $100,000

ACORD Certificate of Liability Insurance
Standard Form

ACORDTM CERTIFICATE OF LIABILITY INSURANCE

DATE
(MM/DD/YY)

THIS CERTIFICATE IS ISSUED AS MATTER OF

INFORMATION ONLY AND CONFERS NO RIGHTS UPON
THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES

NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW.

PRODUCER

INSURERS AFFORDING COVERAGE

INSURER A:

INSURER B:

INSURER C:

INSURER D:

INSURED

INSURER E:

COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.

NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INS
R
LTR

TYPE OF INSURANCE POLICY
NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)
POLICY

EXPIRATION

DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE OCCUR MED EXPENSE (Any one person) $
_______________________________ PERSONAL & ADV INJURY $ _______________________________

GENERAL AGGREGATE $
GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $

POLICY
PRO-
JECT

LOC

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident)
$
ANY AUTO $
ALL OWNED AUTOS $

SCHEDULED AUTOS

BODILY INJURY
(Per person) $
HIRED AUTOS $

NON-OWNED AUTOS

BODILY INJURY
(Per accident) $
_______________________________ $

PROPERTY DAMAGE
(Per accident) $
GARAGE LIABILITY AUTO ONLY–EA ACCIDENT $
ANY AUTO EA ACC $

OTHER THAN
AUTO ONLY: AGG $

EXCESS LIABILITY EACH OCCURRENC

OCCUR CLAIMS MADE AGGREGATE
$
DEDUCTIBLE $

RETENTION $

WC STATU-

TORY LIMITS
OTHER
E.L. EACH ACCIDENT $
E.L. DISEASE – EA EMPLOYEE $
WORKERS’ COMPENSATION AND

EMPLOYERS LIABILITY

E.L. DISEASE – POLICY LIMIT $
OTHER

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL/PROVISIONS

CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: ____ CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ______ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE

LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE

ACORD 25-S (7/97) © ACORD CORPORATION 1988
APPENDIX A-9 COR Insurance Documents
(Sample) 1 of 7
481
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):

Services up to $100,000

IMPORTANT

If the certificate holder is an ADDITIONAL IN SURED, the policy(ies) must be endorsed.

A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A stat ement on this certific ate does not confer rights to the certificate holder in lieu of such endorsement(s).

DISCLAIMER

The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.

APPENDIX A-9 COR Insurance Documents
(Sample) 2 of 7
482
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):

Services up to $100,000

SAMPLE Endorsements
Preferred form

Reproduction of Insurance Services Office, Inc. Form

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED—OWNERS, LESSEES OR

CONTRACTORS (FORM B)

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE

Name of Person or Organization:

(If no entry appears above, information requir ed to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedul e, but only with respect to li ability arising out of “your work” for that insured by or for you.

CG 20 10 11 85 Copyright, Insura nce Services Office, Inc., 1982 APPENDIX A-9 COR Insurance Documents
(Sample) 3 of 7
483
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):

Services up to $100,000

SAMPLE Endorsements
Acceptable form when combined with CG 20 37 10 01
Reproduction of Insurance Services Office, Inc. Form

POLICY NUMBER: COMMERICAL GENERAL LIABILITY
CG 20 10 10 01

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT OF LIMITS OF INSURANCE (DESIGNATED PROJECT OR PREMISES)

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designation of Project Or Premises:

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

A. Section II – WHO IS AN INSURED is amended to include as an in sured the person or organization shown in the Schedule but only wi th respect to liability arising out of your ongoing operations performed for the insured.

B. With respect to the insurance afforded to these additional insureds, the following exclusion is added:

1. Exclusions

This insurance does not apply to “bodily injury” or “property damage” occurring after:

(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than se rvice, maintenance or repairs) to be performed by or on behalf of the addition al insured(s) at the site of the covered operations has been completed; or

(2) That portion of “your work” out of which the injury or damage arises has been put to its intended use by any person or organization other than contractor or subcontractor engaged in performing oper ations for a principal as part of the same project.

CG 20 10 10 01 Page 1 of 1
ISO Properties, Inc., 2000

APPENDIX A-9 COR Insurance Documents
(Sample) 4 of 7
484
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):

Services up to $100,000

SAMPLE Endorsements
Acceptable form when combined with CG 20 10 10 01
Reproduction of Insurance Services Office, Inc. Form

POLICY NUMBER: COMMERICAL GENERAL LIABILITY
CG 20 37 10 01

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name of Person or Organization:

Location And Description of Completed Operations:

Additional Premium:

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

Section II – WHO IS AN INSURED is amende d to include as an insured the person or organization shown in the Schedule but only with respect to li ability arising out of “your work” at the location designated and desc ribed in the Schedule of this endorsement performed for that insured and included in the “products-completed operations hazard.”

CG 20 37 10 01 Page 1 of 1
Copyright, ISO Properties, Inc., 2000

APPENDIX A-9 COR Insurance Documents
(Sample) 5 of 7
485
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):

Services up to $100,000

SAMPLE Endorsement
Waiver of Subrogation – Workers’ Compensation
FOUR STATE COMPENSATION INSURANCE FUND FORMS:

Reproduction of State Compensation
Insurance Fund Form
Certificate of Workers’ Compensation Insurance
STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101

COMPENSATION

INSURANCE
FUND CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE

POLICY NUMBER:

CERTIFICATE EXPIRES:

⎡
|

|
⎣

This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.

This policy is not subject to cancellation by the Fund except upon 30 days’ written notice to the employer.

We will give you 30 days’ advance notice should this policy be canceled prior to its normal expiration.

This certificate of insurance is not an insurance policy and odes not amend, extend or alter the coverage afforded by the polic ies listed herein. Notwithstanding any requireme nt, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.

PRESIDENT

(Note: following text is typewritten addition to printed form)

THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION ENDORSEMENT #2570.

AGAINST (ENTITY) ______________________ , ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS BY REASON OF ANY PAYMENT UNDER THIS POLICY.

ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ADDITIONAL INSURED EMPLOYER: ___________________________

ENDORSEMENT #2065 ENTITLED 30 DAY CANCELLATION NOTICE EFFECTIVE IS ATTACHED TO AND FORMS A PART OF THIS POLICY.

LIABILITY OF THE STATE COMPENSATION INSURANCE FUND IS LIMITED TO ______________ FOR ALL DAMAGES FOR ONE OR MORE CLAIMS RESULTING FROM EACH ACCIDENT OF OCCURRENCE ARISING OUT OF ANY ONE EVENT.

EMPLOYER

APPENDIX A-9 COR Insurance Documents
(Sample) 6 of 7
486
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):

Services up to $100,000

SAMPLE Endorsement
Waiver of Subrogation – Liability
Reproduction of Insurance Services Office, Inc. Form

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 10 93

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

OCP LIABILITY COVERAGE PART

SCHEDULE

Name of Person or Organization:

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:

We waive any right of recovery we may have agai nst the person or organization shown I the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and incl uded in the “products-completed operations hazard.” This waiver applies only to the person or organization shown in the Schedule above.

CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992

APPENDIX A-9 COR Insurance Documents
(Sample) 7 of 7
487

C
APPENDIX C – CITY OF RICHMOND – TRUCK ROUTE
488

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SAN PABLO
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POTRERO AVE

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GARRARD BLVD
RD 20

APPIAN WY

TENNENT AVE

SOLANO AVE

FAIRMOUNT AVE

WEST CUTTING BLVD
13TH ST

MCBRYDE AVE

HARBOUR WY

APPIAN WY

A R L I N G T O N B L V D

C A S T R O R A N C H R D

A L H A M B R A V A L L E Y R D

PINOLE V A L L E Y RD

V A L L E Y V I E W
R D

B L U M E DR

H I L L T O P D R

R E F U G I O V A L L E Y R D

S Y C A M O R E A V E

S A N P A B L O A V E

R I C H M O N D P K W Y

B R O O K S I D E D R S A N P A B L O D A M R D

E L P O R T A L D R
I-580
I-80
I-80
4 San Pablo Bay
San Francisco Bay
Richmond Inner Harbor
San Pablo
Reservoir
Refugio Creek
Pinole Creek
Wildcat Creek
Rheem Creek
San Pablo Creek
Garrity Creek
BART - Richmond Line
Richmond
BART Station
El Cerrito Del Norte
BART Station
El Cerrito Plaza
BART Station
Source: City of Richmond
22nd St. 1
23rd St. 2
Atlas Rd. 3
Blume Dr. 4
Canal Blvd. 5
Central Ave. 6
Dornan Dr. 7
Garrard Blvd. 8
Giant Hwy. 9
Hall Ave.10
Harbour Wy. So.11
Hilltop Dr.12
I-58013
I-8014
Macdonald Ave.15
Marina Bay Pkwy.16
Marina Way So.17
Meeker Ave.18
Ohio Ave.19
Parr Blvd.20
Regatta Blvd.21
Richmond Pkwy.22
San Pablo Ave.23
San Pablo Dam Rd.24
So. 4th St.25
W. Cutting Blvd.26
Wright Ave.27
N
0 1 20.5 MILES
A CRE S10
50 Existing Truck Routes
Map 4.4
Note: This map is provided for informational purposes
only. It may be periodically updated by the the City of Richmond Engineering Services Department.
23 2
3 4
5 6
7 8
9 10
11 12
13 14
15 1617
18 19
20 21
22 23
24 25
26 27
14 14
13 13
22 22
23 23
1 COUNTY COUNTY
COUNTY
COUNTY

CONTRA COSTA
COUNTY
COUNTY
PINOLE

HERCULES

EL CERRITO

SAN PABLO
COUNTY

KENSINGTON

ALAMEDA COUNTY

SAN PABLO AVE
23RD ST

RICHMOND PKWY

CARLSON BLVD

CUTTING BLVD

BARRETT AVE

MACDONALD AVE

GIANT RD

POTRERO AVE

MOESER LN

RUMRILL BLVD

CENTRAL AVE

GARRARD BLVD
RD 20

APPIAN WY

TENNENT AVE

SOLANO AVE

FAIRMOUNT AVE

WEST CUTTING BLVD
13TH ST

MCBRYDE AVE

HARBOUR WY

APPIAN WY

A R L I N G T O N B L V D

C A S T R O R A N C H R D

A L H A M B R A V A L L E Y R D

PINOLE V A L L E Y RD

V A L L E Y V I E W
R D

B L U M E DR

H I L L T O P D R

R E F U G I O V A L L E Y R D

S Y C A M O R E A V E

S A N P A B L O A V E

R I C H M O N D P K W Y

B R O O K S I D E D R S A N P A B L O D A M R D

E L P O R T A L D R
I-580
I-80
I-80
4 San Pablo Bay
San Francisco Bay
Richmond Inner Harbor
San Pablo
Reservoir
Refugio Creek
Pinole Creek
Wildcat Creek
Rheem Creek
San Pablo Creek
Garrity Creek
BART - Richmond Line
Richmond
BART Station
El Cerrito Del Norte
BART Station
El Cerrito Plaza
BART Station
Source: City of Richmond
22nd St. 1
23rd St. 2
Atlas Rd. 3
Blume Dr. 4
Canal Blvd. 5
Central Ave. 6
Dornan Dr. 7
Garrard Blvd. 8
Giant Hwy. 9
Hall Ave.10
Harbour Wy. So.11
Hilltop Dr.12
I-58013
I-8014
Macdonald Ave.15
Marina Bay Pkwy.16
Marina Way So.17
Meeker Ave.18
Ohio Ave.19
Parr Blvd.20
Regatta Blvd.21
Richmond Pkwy.22
San Pablo Ave.23
San Pablo Dam Rd.24
So. 4th St.25
W. Cutting Blvd.26
Wright Ave.27
N
0 1 20.5 MILES
A CRE S10
50 Existing Truck Routes
Map 4.4
Note: This map is provided for informational purposes
only. It may be periodically updated by the the City of Richmond Engineering Services Department.
489

D
APPENDIX D - CITY OF RICHMOND – STORM

WATER PROTECTION FOR CONSTRUCTION

CONTRACTS
490

STORMWATER PROTECTION FOR

CONSTRUCTION CONTRACTS

The goal of these requirements is to prevent the pollution of storm water runoff from construction projects by keeping pollutants out of storm drains, reducing the exposure and discharge of materials and wastes to storm water, and by reducin g erosion and sedimentation. Storm drains discharge runoff directly to creeks and the Bay wit hout treatment. City of Richmond is required under its stormwater discharge NPDES permit from th e Regional Water Quality Control Board (RWQCB) to reduce pollutants in stormwater runoff f rom construction sites to the maximum extent practicable.

A. General Requirements
The following requirements shall be met on all projects for City of Richmond.

1) Employee and Subcontractor Training and Awareness
a. The CONTRACTOR shall train all employees/subcontrac tors on the storm water pollution prevention requirements contained in these Specifications.
b. The CONTRACTOR shall inform subcontractors of the s torm water pollution prevention contract requirements an d include appropriate subcontract provisions to ensure that t hese requirements are met.
c. The CONTRACTOR shall label new storm drain inlets, constructed as part of the project, with the “No Du mping” message (to obtain a stencil or marker, contact your local public works department or water quality agency).

2) Nonhazardous Material / Waste Management
a. Designated Area
The CONTRACTOR shall propose designated areas of th e
project site, for approval by the ENGINEER, suitabl e for material delivery, storage, and waste collection th at are near construction entrances and away from storm drain inlets, gutters, drainage courses, and creeks.
b. Granular Material
i) The CONTRACTOR shall store granular material at
least ten feet away from storm drain inlet and curb
returns.
ii) The CONTRACTOR shall not allow granular material to enter the storm drains or creeks.
iii) When rain is forecast within 24 hours or during wet weather, the ENGINEER may require the
CONTRACTOR to cover granular material with a
tarpaulin and to surround the material with sand bags.
c. Dust Control
i) The CONTRACTOR shall use reclaimed water to
control dust on a daily basis or as directed by the
ENGINEER.
491

d. Street Sweeping
i. At the end of each working day or as directed by the ENGINEER, the CONTRACTOR shall clean and sweep
roadways and on-site paved areas to remove all materials attributed to or involved in the work. The
CONTRACTOR shall not use water to flush down
streets in place of street sweeping.
b. Recycling
i) The CONTRACTOR shall recycle aggregate base materia l, asphalt concrete, and Portland cement concrete.
ii) In addition, to the maximum extent practicable, the CONTRACTOR shall reuse or recycle any useful constr uction materials generated during the project.
c. Disposal
i) At the end of each working day, the CONTRACTOR shall collect all scrap, debris, and waste material, and dispose of such materials properly
ii) The CONTRACTOR shall inspect dumpsters for leaks and contact trash hauling contractors to replace or repair dumpsters that leak. iii) The CONTRACTOR shall not discharge water on-site fr om cleaning dumpsters.
iv) The CONTRACTOR shall arrange for regular waste coll ection before dumpsters overflow.

3) Hazardous Material / Waste Management
a. Storage
i) The CONTRACTOR shall label and store all hazardous materials, such as pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, such as waste oil, antifreeze and mercury- containing devices such as thermostats and fluorescent light bulbs in accordance all applicable local, State and Federal regulations. ii) The CONTRACTOR shall store all hazardous materials and all hazardous wastes in accordance with secondary conta inment regulations, and it is recommended that these materials and wastes be covered, as needed, to avoid potential management of collected rainwater as a hazardous waste.
iii) The CONTRACTOR shall keep an accurate, up-to-date inventory, including Material Safety Data Sheets (MSDSs), of h azardous materials and hazardous wastes stored on-site, to assist emergency response personnel in the event of a hazardous materials incident. b. Usage
i) When rain is forecast within 24 hours or during wet weather, the ENGINEER may prevent the CONTRACTOR from applying
chemicals in outside areas.
ii) The CONTRACTOR shall not over-apply pesticides or fertilizers and shall follow material manufacturers’ instructio ns regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals. Over-application of a pesticide cons titutes a “label 492

violation” subject to an enforcement action by your local Agricultural Commissioner.
c. Disposal
i) The CONTRACTOR shall arrange for regular hazardous waste collection to comply with time limits on storage of hazardous wastes.
ii) The CONTRACTOR shall dispose of hazardous waste onl y at authorized and permitted Treatment, Storage, and Di sposal Facilities, and use only licensed hazardous waste h aulers to remove the waste off-site, unless quantities to be transported are below applicable threshold limits for transportatio n specified in State and Federal regulations.
iii) If the CONTRACTOR qualifies as a “Conditionally Exe mpt Small Quantity Generator” as defined under State an d Federal regulations then the CONTRACTOR may be able to disp ose of this waste through a local sponsored small quantity generator program. Contact your local hazardous waste manage ment agency for information on these programs.
iv)
4) Spill Prevention and Control
a. The CONTRACTOR shall keep a stockpile of spill clea nup materials, such as rags or absorbents, readily accessible on-site, and ensure that all employees know where these materials are and how to use them.
b. The CONTRACTOR shall immediately contain and preven t leaks and spills from entering storm drains, and properly clean up a nd dispose of the waste and cleanup materials. If the waste is hazardous, the CONTRACTOR shall handle the waste as described in section A.3.c above.
c. The CONTRACTOR shall not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials. d. The CONTRACTOR shall report any hazardous materials spill to the local fire department.

B. Activity-Specific Requirements
The following requirements shall be met on all proj ects for City of Richmond that include the listed activities.

Dewatering Operations
Sediment Control
The CONTRACTOR shall route water through a control measure, such as a sediment trap, sediment basin, or Baker tank, to remove settleable solids prior to discharge to the storm drain system.

Approval of the control measure shall be obtained in advance from the ENGINEER.

Filtration of the water following the control measu re may be required on a case-by-case basis.

If the ENGINEER determines that the dewatering operation would not generate an appreciable amount of settleable solids, the control measure requirement in i) above may be waived.
493

The CONTRACTOR shall reuse water for other needs, s uch as dust control or irrigation, to the maximum extent practicable.

Contaminated Groundwater
If the project is within an area of known groundwat er
contamination, then water from dewatering operation s shall be tested prior to discharge. If the water quality me ets Regional Water Quality Control Board (RWQCB) standards, then it may be discharged to the storm drain. If the water qualit y meets local sanitary sewer pretreatment regulations, then it may be discharged to the sanitary sewer with prior approval from the local wastewater management authority. Otherwise, the water shall b e treated or hauled off-site for proper disposal.

If the project is not within an area of known groun dwater contamination, then monitoring shall only be requir ed if directed by the ENGINEER. The CONTRACTOR shall follow secti on
B.1.b.i above, if contamination is found.

If the project is found to be within an area of gro undwater contamination not identified in the project specifications, a change order shall be negotiated to cover additional work performed by the CONTRACTOR.

Paving Operations
Project Site Management
When rain is forecast within 24 hours or during wet weather, the ENGINEER may prevent the CONTRACTOR from paving.

The ENGINEER may direct the CONTRACTOR to protect
drainage courses by using control measures, such as earth dike, and sand bag, to divert runoff or trap and filter sediment.

The CONTRACTOR shall place drip pans or absorbent m aterial under paving equipment when not in use.

The CONTRACTOR shall cover storm drain inlets and manholes when paving or applying seal coat, tack coat, slurr y seal, or fog seal.

If the paving operation includes an on-site mixing plant, the CONTRACTOR shall comply with General Industrial Act ivities Storm Water Permit requirements.

Paving Waste Management
The CONTRACTOR shall not sweep or wash down excess sand (placed as part of a sand seal or to absorb excess oil) int o gutters, storm drains, or creeks. Instead, the CONTRACTOR shall either collect the sand and return it to the stockpile, or dispose of it in a trash container.

The CONTRACTOR shall not use water to wash down asp halt or concrete pavement.

Marking paint shall be removed from paving using dry methods such as a wire brush and vacuum. If water is used, all wastewater shall be collected and disposed of to a dirt area or to the sanitary sewer.

494

Saw Cutting
During saw cutting, the CONTRACTOR shall cover or b arricade storm drain inlets using control measures, such as filter fabric, straw bale s, sand bags, and fine gravel dams, to keep slurry out of the storm drain system. When protecting a storm drain inlet, the CONTRACTOR shall ensure that the entire opening is covered.

The CONTRACTOR shall shovel, absorb, or vacuum saw cut slurry and pick up the waste prior to moving to the next location or at the end of each working day, whichever is sooner.

If saw cut slurry enters storm drain inlets, the CO NTRACTOR shall remove the slurry from the storm drain system immediately.

Contaminated Soil Management
On all projects involving grading or excavation, th e CONTRACTOR shall look for contaminated soil as evidenced by site history, dis coloration, odor, differences in soil properties, abandoned underground tanks or pipes, or buried debris. If the project is not within an area of known soil contamination and no evidence of soil contamination is found, then testing of the soil shall only be required if directed by the ENGINEER. The CONTRACTOR shall follow section B.4.b below, if contamination is found.

If the project is within an area of known soil cont amination or evidence of soil contamination is found, then soil from grading or excavation oper ations shall be tested. The soil shall be managed as required by the local hazardous waste management agency.

If the project is found to be within an area of soi l contamination not identified in the project specifications, a change order shall be negotiated to cover additional work performed by the CONTRACTOR.

Concrete, Grout, and Mortar Waste Management
The CONTRACTOR shall store concrete, grout, and mor tar away from drainage areas and ensure that these materials do not enter the storm drain system.

Concrete Truck/Equipment Wash Out
The CONTRACTOR shall not wash out concrete trucks o r equipment into streets, gutters, storm drains, or creeks.

The CONTRACTOR shall perform washout of concrete tr ucks or equipment off-site or in a designated area on-site where the water will flow onto dirt or into a temporary pit in a di rt area. The CONTRACTOR shall let the water percolate into the s oil and dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, then the CONTRACTOR sha ll collect the wash water and remove it off-site.

Exposed Aggregate Concrete Wash Water
The CONTRACTOR shall avoid creating runoff by draining water from washing of exposed aggregate concrete to a dirt are a to percolate and evaporate. If a suitable dirt area is not avai lable, then the CONTRACTOR shall filter the wash water or allow sol ids to settle out and pump the water to a sanitary sewer (first check with your local wastewater authority).

The CONTRACTOR shall collect and return sweepings f rom exposed aggregate concrete to a stockpile or dispose of the waste in a trash container.

495

Painting
Painting Cleanup
Designated Area
The CONTRACTOR shall conduct cleaning of painting
equipment and tools in a designated area that will not
allow run-on of storm water or runoff of spills.

The CONTRACTOR shall not allow wash water from
cleaning of painting equipment and tools to drain i nto streets, gutters, storm drains, or creeks.

Water-based Paint
The CONTRACTOR shall remove as much excess paint
as possible from brushes, rollers, and equipment be fore starting cleanup.

To the maximum extent practicable, the CONTRACTOR
shall dispose of wash water from aqueous cleaning o f
equipment and tools to the sanitary sewer.

Otherwise, the CONTRACTOR shall direct wash water
onto dirt area and spade in.

Oil-based Paint
The CONTRACTOR shall remove as much excess paint
as possible from brushes, rollers, and equipment be fore starting cleanup.

To the maximum extent practicable, the CONTRACTOR
shall filter paint thinner and solvents for reuse.

The CONTRACTOR shall dispose of waste thinner and
solvent, and sludge from cleaning of equipment and tools as hazardous waste, as described in section A.3.c above.

Painting Materials and Waste Management
The CONTRACTOR shall store paint, solvents, chemicals, and waste materials in compliance with all applicable local, State and Federal regulations. The CONTRACTOR shall store these materials in a designated area that will not allow run-on of storm water or runoff of spills.

The CONTRACTOR shall dispose of excess thinners, so lvents, oil- and water-based paint as hazardous waste.

The CONTRACTOR shall dispose of dry, empty paint cans/buckets, old brushes, rollers, rags, and drop cloths in the trash.

Earthwork
The CONTRACTOR shall maximize the control of erosio n and sediment by using the BMPs for erosion and sedimentation in the RWQCB’s Erosion and Sediment Control Field Manual .

Vehicle / Equipment Cleaning
The CONTRACTOR shall not perform vehicle or equipme nt cleaning on- site or in the street using soaps, solvents, degrea sers, steam cleaning equipment, or equivalent methods.

The CONTRACTOR shall perform vehicle or equipment c leaning offsite, or onsite with water only, in a designated, bermed area that will not allow rinse water to run off-site or into streets, gutters, storm drains, or 496

creeks.

Vehicle / Equipment Maintenance and Fueling
The CONTRACTOR shall perform maintenance and fueling of vehicles or equipment in a designated, bermed area or over a dr ip pan that will not allow run-on of storm water or runoff of spills.

The CONTRACTOR shall use secondary containment, suc h as a drip pan, to catch leaks or spills any time that vehicle or e quipment fluids are dispensed, changed, or poured.

The CONTRACTOR shall keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site.

The CONTRACTOR shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cle anup materials as hazardous waste, as described in section A.3.c above.

The CONTRACTOR shall not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials.

The CONTRACTOR shall report any spill of vehicle fl uids to City of Richmond.

The CONTRACTOR shall inspect vehicles and equipment arriving on-site for leaking fluids and shall promptly repair leakin g vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made.

The CONTRACTOR shall recycle waste oil and antifreeze.

The CONTRACTOR shall comply with local, State and F ederal requirements for aboveground storage tanks.
497

498

499

500

501

502

503

504

505

506

507

508

509

E
APPENDIX E - CITY OF RICHMOND – ELECTRONIC

CERTIFIED PAYROLL
510

Certified Labor Compliance Payroll Report Submission via Anovo Systems, LLC: The Prime Contractor is required to register to utilize Anovo Systems, LLC for inputting certified payroll and related information as well as contract payment tracking information for itself. The Prime Contractor is responsible to enforce these requirements on all tiers of subcontractors providing work on behalf of the applicable project. Anovo Systems, LLC can be readily accessed remotely through the web at the following url: www.anovosys.com and is independent of the awarding agency. It has been optimized for use on tablets as well as cell phones. All tiers of contractors must submit all related documentation through Anovo Systems, LLC. Once the agency establishes the project in Anovo System, Inc. and identifies their awarded Prime Contractor, the Prime Contractor will receive a Log-In and Password to begin utilizing the system. The Contractor is required to contract with Anovo Systems, LLC for the entire duration of project construction.