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CITY OF RICHMOND
Department of Public Works
______________________________________________________________________________
NOTICE TO CONTRACTORS
BID PROPOSAL
AND
SPECIAL PROVISIONS
FOR
As-Needed Concrete Contractor for
Sidewalk Construction, ADA Curb Ramp,
and Miscellaneous Concrete Repair
Release Date: March 13, 2024
Deadline for Submittal
March 28, 2024 at 8:00am
Contact: Ken Cheng, PE, Senior Civil Engineer
Email: [email protected]
Phone Number: (510)-621-1612
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AS-NEEDED CONCRETE CONTRACTOR FOR
SIDEWALK CONSTRUCTION, ADA CURB RAMP,
AND MISCELLANEOUS CONCRETE REPAIR
The special provisions contained herein have been prepared by or under the direction of the following Registered Persons.
Ken Cheng, Senior Civil Engineer Date
Registered Civil Engineer, RCE No. C94227
Approved:
Robert Armijo, Deputy Public Works Director/City Engineer Date Registered Civil Engineer, RCE No. C63173
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TABLE OF CONTENTS
INTRODUCTION .......................................................................................................................... 1 INVITATION FOR BIDS .............................................................................................................. 2 INSTRUCTIONS TO BIDDERS ................................................................................................... 5 BID PROPOSAL .......................................................................................................................... 18 BID SCHEDULE .......................................................................................................................... 19 SUBCONTRACTOR FORM ....................................................................................................... 23 PUBLIC CONTRACT CODE ...................................................................................................... 27 DEBARMENT AND SUSPENSION CERTIFICATION ........................................................... 29 BIDDER’S NON-COLLUSION AFFIDAVIT ............................................................................ 30 BIDDER’S BOND ........................................................................................................................ 31 PERFORMANCE BOND ............................................................................................................. 33 PAYMENT BOND ....................................................................................................................... 35 WARRANTY BOND ................................................................................................................... 37 FIRST SOURCE AGREEMENT ................................................................................................. 40 CONTRACT ................................................................................................................................. 41 SPECIAL PROVISIONS .............................................................................................................. 58 SECTION SP-1 – STANDARD SPECIFICATIONS .............................................................. 59 SECTION SP-2 – WORK ORDERS, SPECIFICATIONS AND CONSTRUCTION SCHEDULE .............................................................................................................................. 60 SECTION SP-3 - AWARD AND EXECUTION OF CONTRACT ........................................ 61 SECTION SP-4 – SCOPE OF WORK ..................................................................................... 63 SECTION SP-5 – CONTROL OF WORK ............................................................................... 64 SECTION SP-6 – CONTROL OF MATERIALS .................................................................... 70 SECTION SP-7 - LEGAL RELATIONS AND RESPONSIBILITY....................................... 74 SECTION SP-8 - PROSECUTION AND PROGRESS ........................................................... 82 SECTION SP-9 – MEASUREMENT AND PAYMENT ........................................................ 88 SECTION SP-10 – GENERAL ................................................................................................ 91 SECTION SP-11 – MOBLIZATION ..................................................................................... 104 SECTION SP-12 – PROGRESS SCHEDULE (Critical Path Method).................................. 106
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SECTION SP-13 – DUST CONTROL................................................................................... 112 SECTION SP-14 – WATERING ........................................................................................... 113 SECTION SP-15 – TEMPORARY TRAFFIC CONTROL ................................................... 114 SECTION SP-16 – PUBLIC UTILITY COORDINATION .................................................. 120 SECTION SP-17 – CLEARING AND GRUBBING ............................................................. 121 SECTION SP-18 - DISPOSAL OF MATERIALS ................................................................ 122 SECTION SP-19 - EXISTING FACILITIES ......................................................................... 123 SECTION SP-20 – PRESERVATION OF PROPERTY ....................................................... 128 SECTION SP-21 – EARTHWORK ....................................................................................... 131 SECTION SP-22 – CONCRETE ............................................................................................ 133 SECTION SP-23 – ASPHALT CONCRETE ......................................................................... 140 SECTION SP-24 – AGGREGATE BASE ............................................................................. 146 SECTION SP-24 – TRAFFIC STRIPING AND PAVEMENT MARKINGS ....................... 147 SECTION SP-26 – CONTAMINATED MATERIAL HANDLING, REMOVAL AND DISPOSAL ............................................................................................................................. 153 SECTION SP-27 –TREE PROTECTION, TREE REMOVAL, ROOT PRUNING, ROOT REMOVAL, AND TREE STUMP REMOVAL .................................................................... 158 SECTION SP-28 – ADJUST UTILITY FRAMES, COVERS AND GRATES .................... 162 SECTION SP-29 – CONCRETE SIDEWALK GRIND/SHAVE .......................................... 163 SECTION SP- 30 – PROJECT APPEARANCE .................................................................... 164 APPENDICES ..................................................................................................................................
APPENDIX A – CITY OF RICHMOND – FIRST SOURCE AGREEMENT ........................ A APPENDIX B – CITY OF RICHMOND – CONSTRUCTION AGREEMENT ...................... B APPENDIX C – CITY OF RICHMOND – INSURANCE REQUIREMNTS .......................... C APPENDIX D – CITY OF RICHMOND – TRUCK ROUTE .................................................. D
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:
AS-NEEDED CONCRETE CONTRACTOR FOR
SIDEWALK CONSTRUCTION, ADA CURB RAMP,
AND MISCELLANEOUS CONCRETE REPAIR
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 2022 edition of the State of California Department of Transportation Standard Specifications.
"City Standard Details" shall mean the Standard Details
END OF INTRODUCTION
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 As-Needed Concrete Contractor for Sidewalk Construction, ADA Curb Ramp, and Miscellaneous Concrete Repair contract electronically through BidsOnline until 8:00 a.m. on Thursday, March 28, 2024. All bid forms must be electronically submitted by the due date and time or the bid will not be considered.
NON-MANDATORY PRE-BID MEETING: There will not be a non-mandatory pre-bid meeting.
QUESTIONS: All questions relative to this bid must be submitted via the electronic BidsOnline system on the Q&A tab by 3:00 p.m. PST on Friday, March 22, 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 LOCATION AND DESCRIPTION: The Project is located in various neighborhoods in the City of Richmond. The City of Richmond is looking to select one or more contractor(s) for the As-Needed Concrete Contractor for Sidewalk Construction, ADA Curb Ramp, and Miscellaneous Concrete Repair and execute a construction agreement for up to $1.5M per contractor, and expiration December 31, 2025, with the option to extend the contract for one year. The quantity of the bid schedule in this advertisement will not reflect the actual work order bid item quantities issued for construction. The unit price of each bid item in this proposal will be used as measurement and payment based on the work order quantity issued by the enginee r. In general, the selected contractor(s) will receive multiple work order packages issued by the City and the City’s design team. The City anticipates to issue the first work order by June 12, 2024 and construction slated to start July 1, 2024. The Project construction is described as follows including incidentals as described in these special provisions: demolition and reconstruction of concrete sidewalks, ADA curb ramps, curbs, gutters, driveway flares and aprons, and similar miscellaneous concrete items to meet the current Americans with Disabili ties Act (ADA) standards, City Standards, State Standard Specification, and of these Special Provisions. The total approximate number of locations will vary between 150 -200 locations with approximately 24 curb ramp locations. Any other work order afterwards is related to as-needed cases.
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.
Invitation for Bids
3 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 C ounty 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 re ason 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 si gned 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 and the provisions of Business and Professions Code Section 7028.15. A California Type A or Type C-8 contractor’s license is required to bid this Contract. Joint ventures must secure a joint venture license prior to award of this Contract. Other licenses may be required for additional specialty work.
Invitation for Bids
4 DIR REGISTRATION: The City will not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.
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
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 As-Needed Concrete Contractor for Sidewalk Construction, ADA Curb Ramp, and Miscellaneous Concrete Repair
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
Instructions to Bidders
6 in sum total or individually or in any combination unless the bid form makes specific 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 Work Orders, 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
Instructions to Bidders
7 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 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 Work Orders 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
Instructions to Bidders
8 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.
5. TIME LIMITS OF WORK
The contract shall expire in December 31, 2025 with an option to extend the contract for 1 year. The work to be performed shall be completed before the expiration of the contract. No additional working days will be compensated for the alternate additional bid items.
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 WORK ORDERS 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.
Instructions to Bidders
9 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.
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. The Contractor and all subcontractors shall comply with the following City of Richmond Codes and Ordinances, which are incorporated into the Contract Documents by this reference:
1. Nondiscrimination Clause in City Contracts (RMC Chapter 2.28)
2. Business Opportunity Ordinance No. 16-12 N.S. (RMC Chapter 2.50)
3. Local Employment Program Ordinance No. 15-10 N.S. (RMC Chapter 2.56)
4. Living Wage Ordinance No. 15-17 N.S.(RMC Chapter 2.60)
a. Except as provided in Section 2.60.080, the Living Wage Ordinance requires that an employer under contract valued at $25,000 or greater and/or an employers with ten or more employees provide to its covered employees the following minimum compensation terms for the duration of the covered period:
• Not less than $16.17/hour if employer pays at
$1.50/hour/employee towards an employee medical benefits plan; or
• Not less than $17.67/hour if the employer does not provide the employees with such medical benefits plan.
5. Ordinance Banning the Requirement to Provide information of Prior Criminal Convictions on all Employment Applications No. 14-13 N.S. (“Ban the Box”) (RMC Chapter 2.65)
6. Sanctuary City Contracting and Investment Ordinance No. 12-18 N.S.
D. City Ordinances may be found in their entirety at:
https://www.ci.richmond.ca.us
https://library.municode.com/ca/richmond/codes/code_of_ordinances
E. 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
Instructions to Bidders
10 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, 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.
Instructions to Bidders
11 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 endorsem ents 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
17. PERMITS
Instructions to Bidders
12 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.
See Appendix D for Environmental Agency 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.
Instructions to Bidders
13 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 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
Instructions to Bidders
14 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.
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.
Instructions to Bidders
15 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.
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.
Instructions to Bidders
16 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:
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
Instructions to Bidders
17 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
Bid Proposal
18 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. ____________________________________
AS-NEEDED CONCRETE CONTRACTOR FOR
SIDEWALK CONSTRUCTION, ADA CURB RAMP,
AND MISCELLANEOUS CONCRETE REPAIR
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 an d the Contract annexed hereto and also in accordance with the State Standard Specifications dated 2022 and the current "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 work orders 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
Bid Schedule
19 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
AS-NEEDED CONCRETE CONTRACTOR FOR
SIDEWALK CONSTRUCTION, ADA CURB RAMP,
AND MISCELLANEOUS CONCRETE REPAIR
ITEM
NO.
DESCRIPTION OF WORK EST.Q
TY.
UNIT UNIT
PRICE
TOTAL
COST
Base Bid
1 Mobilization per Work Order 4 EA
2 Temporary Traffic Control per Work Order 4 EA
3 Remove and Replace Concrete Curb Ramp
including incidentals (all types)
1,750 SF
4 Remove and Replace Concrete Sidewalk
including incidentals
7,000
SF
5 Remove and Replace Concrete Vertical Curb
and Curb & Gutter including incidentals
2,000
SF
6 Remove and Replace Concrete Residential
Driveway including incidentals
1,500 SF
7 Remove and Replace Concrete Commercial
Driveway including incidentals
500 SF
8 Remove and Replace Asphalt Concrete (6
inch min depth)
3,000 SF
9 Remove Tree, Stump, Roots and dispose of
debris
13 EA
10 Concrete Sidewalk Grind/Shave 250 LF
TOTAL BASE BID
*NOTE: In case of error in extension of price into the total price column, the unit price will govern.
Bid Schedule
20 BID SUMMARY
BASE BID
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.
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
Bid Schedule
21 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 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 Work Orders and as specified herein. Any items shown on the Work Orders, 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
Bid Schedule
22 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
Subcontractor Form
23 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
DIR Registration
Number
Amount of Bid
($ or %)
Subcontractor Form
24 Contracting License &
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
Subcontractor Form
25 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
Subcontractor Form
26 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
Public Contract Code
27 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.
Public Contract Code Section 10232 Statement
Public Contract Code
28 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
Debarment and Suspension Certification
29 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
Bidder’s Non-Collusion Affidavit
30 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
Bidder’s Bond
31 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 h ereby waive notice of such extension.
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
Bidder’s Bond
32 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
Performance Bond
33 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 s um 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 obligati on, 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.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 202__.
Performance Bond
34 By: _________________________
Title: _________________________
By: _________________________
Title: _________________________
END OF PERFORMANCE BOND
Payment Bond
35 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 performanc e 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 Unemp loyment 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, cost s 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, extension, alteration, or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 202__.
Payment Bond
36 By: _________________________
Title: _________________________
By: _________________________
Title: _________________________
END OF PAYMENT BOND
Warranty Bond
37 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 AS-NEEDED
CONCRETE CONTRACTOR FOR SIDEWALK CONSTRUCTION, ADA CURB RAMP, AND MISCELLANEOUS CONCRETE REPAIR (“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 enforce the provisions of this Bond.
Warranty Bond
38 7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20_________.
[Signatures are on the following page.]
Warranty Bond
39 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
FIRST SOURCE AGREEMENT
40 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
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41 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.”
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.
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42 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.
(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.
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43 (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 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
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44 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 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
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45 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 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.
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46 (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 withdrawal by Contractor at any time and from time to time without notice to the Owner .
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47 (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.
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48 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 informed of its progress, then the breach shall not constitute a default provided that the
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49 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
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50 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 sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of
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51 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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52 (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
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53 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, "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
CONTRACT
54 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:
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.
CONTRACT
55 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.
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.
CONTRACT
56 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.
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: __________________________________
CONTRACT
57 CONTRACTOR:
XXXX
By: _________________________________
Name: _________________________________
Its: _________________________________
END OF CONTRACT
Special Provisions
58 City of Richmond
Department of Public Works
SPECIAL PROVISIONS
___________________________________________
________________________________________________
GENERAL 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 2022 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 Work Orders 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.
Section SP-1 – Standard Specifications
59 SECTION SP-1 – STANDARD SPECIFICATIONS
References in the Special Provisions to “City Standard Details and Specifications”, Contra Costa County Details, “Caltrans Standard Specifications” or “State Standard Specifications” shall mean the Standard Specifications, dated 2022, of the State of California, Department of Transportation, including all revisions and amendments, insofar as the same may apply and in accordance with the following special provisions.
In case of conflict between the State Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions.
Section SP-2 – Plans and Specifications
60 SECTION SP-2 – WORK ORDERS, SPECIFICATIONS AND CONSTRUCTION SCHEDULE
The Contractor shall maintain a control set of Work Orders and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Work Orders 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 Work Orders 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 "Prosecution and Progress" 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.
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. Exhibit “A”, Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
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.
Section SP-3 – Award and Execution of Contract
62 Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to that 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.
Section SP-4 – Scope Of Work
63 SECTION SP-4 – SCOPE OF WORK
Description of Work
The work to be done in general consists of mobilization, traffic control, grind/shaving concrete, concrete demolition, asphalt concrete demolition, tree removal, stump removal, root removal, root pruning, concrete installation (sidewalk, curb, gutter, driveway, and other similar concrete items), sidewalk under drains, utility box adjustment, utility line relocation, landscape conform, landscape restoration (decorative rock, irrigation systems and other similar landscape decorations), arborist collaboration, and all other work as specified in these Special Provisions and shown in the Work Order Package
Section SP-5 – Control Of Work
64 SECTION SP-5 – CONTROL OF WORK
TRENCH EXCAVATION SAFETY PLANS
OSHA permit will be required for all trench excavations 5 feet or more in depth. OSHA permit will also be required for excavations less than 5 feet in depth if the Engineer deems it necessary for safety reasons due to the unstable nature of soils to be trenched. Contractor will obtain all necessary permits per Section 7 of the Special Provisions.
CONTRACT COMPONENTS
In case of any conflict between contract documents, the following order shall be used in determining which document governs over another document or other documents:
A. Agreement.
B. These Special Provisions.
C. All Bidding Documents, as amended by Addenda.
D. Project Work Order
1. Specific notes govern over all other notes and all other portions of the Work Order.
3. Figured or numerical dimensions govern over dimensions obtained by scaling.
E. City Standard Specifications and Details.
F. State Standard Plans.
G. State Standard Specifications.
H. CCC Standard Specifications
SUPERINTENDENCE
The Prime Contractor shall designate in writing before starting work an authorized representative who shall have the authority to represent and act for the Prime Contractor. The authorized representative shall be an employee of the Prime Contractor's organization and shall be shown on the Prime Contractor's payroll. The Prime Contractor will not be allowed to designate a Subcontractor as the authorized representative. Failure of the authorized representative to be present at the job site at all times when w ork is in progress on the contract will be considered as failure on the part of the Prime Contractor to perform a provision of the contract, and as such, the Resident Engineer may, in accordance with Section 8 -1.06, "Temporary Suspension of Work," suspend all work until such time as satisfactory arrangements have been made to have an authorized representative on the job site at all times when work is in progress. No additional compensation or additional working days will be allowed due to the suspension. The days on which the suspension is in effect shall be considered working days if such days are working days within the meaning of the definition set forth in Section 8 - 1.06, “Time of Completion.” The Contractor Representative shall be authorized by the Con tractor to sign, send, and receive all notices contemplated or required by the Contract Documents. The Contractor shall at all times, keep the Engineer informed in writing of the name and telephone number of the Contractor Representative.
The Contractor sh all, at all times, keep the Engineer informed in writing of the names and telephone numbers of all subcontractors performing the Work.
Section SP-5 – Control Of Work
65 DIFFERING SITE CONDITIONS
During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall no later than five (5) working days from discovery of the differing site condition notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed.
Upon written notification, the Engineer will investigate the conditions, and, if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract , an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The Engineer will notify the Contractor of his/her determination whether or not an adjustment of the contract is warranted.
No contract adjustment that results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.
No contract adjustment will be allowed under the provisions specified in this section for any effects caused on unchanged work.
Any contract adjustment warranted due to differing site conditions will be made in accordance with the provisions in Section SP-4 Scope of Work, “Change Quantity Payment Adjustments” of the Standard Specifications, except as otherwise provided.
REQUESTS FOR INFORMATION
In the event that the contractor, subcontractor or supplier, at any tier, determines that some portion of the drawings, specifications, or other contract documents requires clarification or interpretation by the City, the contractor shall submit a Request for Information in writing to the Engineer.
Requests for Information may only be submitted by the contractor and shall only be submitted on the Request for Information form provided by the City. Each Request for Information shall be dated and numbered sequ entially starting with the number 1. The contractor shall clearly and concisely set forth the issue for which clarification or interpretation is sought and why a response is needed from the City. In the Request for Information the contractor shall set fort h their interpretation or understanding of the requirement along with reasons why they have reached such an understanding.
A. The City will review all Requests for Information to determine whether they are Requests for Information within the meaning of this term. If the City determines that the document is not a Request for Information it will be returned to the contractor, un -reviewed as to content, for re - submittal on the proper form and in the proper manner.
B. Responses to Requests for Information will be issued within ten (10) working days of receipt of the request from the contractor unless the City determines that a longer period of time is
Section SP-5 – Control Of Work
66 necessary to provide an adequate response. If a longer period of time is determined necessary by the City, the City will, within ten (10) working days of receipt of the request notify the contractor of the anticipated response time. The ten (10) working days referred to herein will start on the date stamped received "In From Contractor" by the City and ends on the date stamped "Out to Contractor" by the City. If the contractor submits a Request for Information on an activity with ten (10) working days or less of float on the current project schedule, the contractor shall not be entitled to any time extension due to the time it takes the City to respond to the request provided that the City responds within the ten (10) working days set forth above.
C. Responses to Requests for Information from the City will not change any requirement of the contract documents unless so noted by the City in the response to the Request for Information. In the event the Contractor believes that a response to a Request for Information will cause a change to the requirements of the contract document the contractor shall give written notice to the City stating that the contractor considers the response to be a Change Order within two working days of receipt of the response. Contractor’s failure to give such written notice within two working days shall waive the contractor's right to seek additional time or cost under the Changes article of these Special Provisions.
RECORD DOCUMENTS
The Contractor shall make a record of changes during construction on one set of prints of the Work Orders and specifications provided by the Engineer for this purpose. This set of documents shall be kept at the job site and shall be used only for marking as-built conditions. Upon completion of the project, the Contractor shall deliver these documents to the Engineer prior to the processing of the final estimate.
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.
DOCUMENTATION AND RECORD KEEPING
Contractor’s Project Records shall include all of Contractor’s accounting records, employment records, and project work records for all employees, subcontractors, and suppliers, including: the Contract Documents, one record copy of the Work Orders and specifications, change orders, requests for clarifications, requests for information, instructions from the City, contracts with suppliers and subcontractors, correspondence, submittals, samples, shop drawings, invoices, receipts, vouchers, purchase or ders, notes, daily logs, and memoranda relating to the Work. The Contractor’s Project Records shall also include all financial information and data used by the Contractor in the preparation or support of any cost submission, including the Contractor's original bid, required for this Contract, any Change Order, claim or other request for equitable adjustment and a copy of the cost summary and information submitted to the City.
A. DAILY RECORDS - The Contractor shall prepare and maintain Daily Project Records to document the progress of the work on a daily basis. Such daily records shall include a daily accounting of all labor and all equipment on the site for the Contractor and all subcontractors, at any tier. Such daily records will make a clear distinction between work being performed under
Section SP-5 – Control Of Work
67 Change Order, base scope work and/or disputed work. Copies of the Contractor’s daily reports shall be submitted to the Project Manager within five days of the date of the report.
B. RECORDS OF CITY -CAUSED DELAY - In the event that any labor or equipment is idled, solely as a result of the City’s actions or inactions, the Daily Records shall record which laborers and equipment were idled and for how long. In the event that specific work activities were stopped, solely as a result of the City’s actions or inactions, and labor and equipment was reassigned to perform work on other activities, the Daily Records will make a clear record of which activities were stopped and where labor and equipment was redirected to.
C. CONTRACTOR’S MAINTENANCE OF PROJECT RECORDS - Contractor shall keep and preserve Project records in accordance with generally accepted accounting principles and practices consistently applied, and state law requirements. The Contractor shall also mainta in all financial information and data used by the Contractor in the preparation or support of any cost submission, including the Contractor's original bid, required for this Contract, or any Change Order, claim or other request for equitable adjustment, an d a copy of the cost summary or information submitted to the City. During performance of the Work, Contractor shall keep all of Contractor’s Project records in a secure location at the Project Site. After completion of the Work, Contractor shall maintain the Project records for no less than four years after final completion of the Work.
AUDIT BY THE CITY
All of Contractor’s Project Records, as identified in this Special Provisions Section - Documentation And Record Keeping, shall be made available to the City (including agencies and entities designated by the City), and the Contractor shall provide copies of the Contractor’s records upon request by the City. The City’s representatives shall have access upon twenty-four (24) hours advanced written notice, at all times during normal business hours, to all such books, records, documents, financial information, and all other evidence for the purpose of inspection, audit, and copying. The Contractor shall, at no cost to the City, provide proper facilities for such access, inspection and copying purposes.
The Contractor agrees to make the provisions of Section Documentation And Record Keeping applicable to this Contract, and all Change Orders, claims or other requests for equitable adjustment affecting the Contract time or price. The Contractor agrees to include the provisions of this Section in all subcontracts and sub-subcontracts or purchase orders, at any tier, and make this Section applicable to all subcontracts, at any tier, in excess of $10,000 and to make the provisions of this Section applicable to all Change Orders, claims, and other requests for equitable adjustment related to project performance.
Audits conducted under this Section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or audit agency. The Contractor agrees to the disclosure of all information and reports resulting from access to records under the provisions of this Section, to the City and other affected agencies. This right of access Section applies to all financial records pertaining to this Contract and all Change Orders and claims. In addition, this right of access applies to all records pertaining to all contracts, Change Orders and Contract Amendments:
A. To the extent the records pertain directly to Contract performance;
Section SP-5 – Control Of Work
68 B. If there is any indication that fraud, gross abuse, or corrupt practices may be involved; C. If the Contract is terminated for default or convenience.
Access to records is not limited to the required retention periods. The authorized representatives of the City shall have access to records at any reasonable time for as long as the records are maintained.
CORRECTION OF DEFECTIVE WORK
Contractor shall perform the Work to the satisfaction of the Engineer. In determining whether the Work conforms to the requirements of the Contract Documents, the Engineer may require special inspection or testing of the Work. If the Engineer determines that all or a portion of the Work does not conform to the requirements of the Contract Documents, the Engineer will issue a Non - Conformance Notice in writing to the Contractor. Such Notice shall record the fact that, in the opinion of the Engineer, the work has been determined to be defective or not in compliance with the Contract requirements.
Payment will not be made on any portion of the work for which a Non -Conformance Notice has been issued and the work not corrected to the satisfaction of the Engineer.
A. Upon receipt of a Non-Conformance Notice the contractor shall provide a written Response to Non-Conformance Notice within five (5) working days after receipt of the Notice. To the contractor's response shall detail either:
1. Why they believe that the work was performed in accordance with the contract documents, or
2. What corrective action they intend to take, at their sole expense, to correct the non - conforming work.
B. If the contractor disputes issuance of the Notice, the Engineer has five (5) working days in which to respond by either:
1. Withdrawing the Notice of Non-Conformance, or
2. Directing the contractor to correct Defective Work, and to replace, repair, or restore to the City’s satisfaction any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work.
C. Such determination by the Engineer shall be final and conclusive of the matter. If directed to correct the work, the contractor shall do so within five (5) working days after receipt of such direction from the Engineer, or such other time as may be agre ed to with the Engineer. If the Contractor believes that this determination is in error, he shall nevertheless, proceed promptly to repair or replace the work, as directed, keeping separate track of the costs of such repair or replacement. The Contractor may submit a request for equitable adjustment for such costs under the provisions of the potential claims and dispute resolution (Section 10) of these Contract Documents.
Section SP-5 – Control Of Work
69 ACCEPTANCE OF DEFECTIVE WORK
Notwithstanding the provisions of Section Correction Of Defective Work, the City shall have the option, at its sole discretion and by notice to Contractor, to accept Defective Work instead of requiring its removal or correction, in which case the Contract Amount shall be reduced by an amount equal to the difference between: (a) the value to the City such Work would have had were it complete, correct, and in conformity with the Contract Documents and (b) the value to the City of such Defective Work. Such opt ion shall be exercised solely by notice to Contractor and shall not be implied from any act or omission by the City or the Engineer. If the remaining payments and retention are insufficient to cover the amount of the reduction of the Contract Amount, Contractor shall promptly pay to the City the amount of any such deficiency.
UNCOVERING OFWORK
If a portion of the Work is covered prior to inspection by the City (contrary to Engineer’s request or direction, or contrary to the requirements of the Contract Documents), the Contractor shall, if required in writing by Engineer, uncover the Work for the Engineer’s observation, and replace the Work at Contractor’s expense without adjustment of the Contract Time or the Contract Sum.
If a portion of the Work has been covered, which is not required by the Contract Documents to be observed or inspected prior to its being covered and which the Engineer has not specifically requested to observe prior to its being covered, the Engineer may request to see such Work and it shall be uncovered and replaced by Contractor. If such Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Work shall be added to the Contract Amount by Change Order; and if the uncovering and replacing of the Work results in an Excusable Delay or a Compensable Delay, an appropriate adjustment of the Contract Time shall be made by Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such costs and shall not be entitled to an adjustment of the Contract Time or the Contract Amount.
Section SP-6 – Control of Materials
70 SECTION SP-6 – CONTROL OF 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.
COMPACTION TESTING
The contractor is required to 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 Work Orders. 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. All compaction test results has be submitted to City or Construction manager for review and approval.
Full compensation for work involved in compaction test shall be considered as included in the unit prices paid for the various bid items for aggregate base and asphalt concrete of these items and no separate payment shall be made therefor.
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.
Section SP-6 – Control of Materials
71 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 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)
• All Submittals related to excavation
• OSHA and other necessary Safety permits
Section SP-6 – Control of Materials
72 • 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 Work Orders and Specifications carefully and submit shop drawings and submittals as required.
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.
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 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
Section SP-6 – Control of Materials
73 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 Work Orders. 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.
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.
Section SP-7- Legal Relations And Responsibility
74 SECTION SP-7 - LEGAL RELATIONS AND RESPONSIBILITY
HAZARDOUSWASTE IN EXCAVATION
If the Contractor encounters material in excavation that he/she has reason to believe may be hazardous waste, as defined by Section 25117 of the Health and Safety Code, he/she shall immediately notify the Engineer in writing. Excavation in the immediate area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling operation, the Contractor will be granted an extension of time as provided in Section SP-8 – Prosecution and Progress –“Liquidated Damages” of the Standard Specifications.
If such suspension delays the current controlling operation more than 2 working days, the delay will be considered a right-of-way delay and the Contractor will be compensated for such delay as provided in Section SP-8 – Prosecution and Progress “Delays” of the Standard Specifications.
The City reserves the right to use other forces for exploratory work to identify and determine the extent of such material and for removing hazardous materials from such area.
NOISE CONTROL
The Contractor shall comply with local ordinances regulating noise levels.
Night work is not anticipated for the project.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the contract items of work involved and no additional compensation will be allowed therefor.
PERMITS AND LICENSES
The Contractor shall procure all permits and licenses and pay all charges and fees, unless otherwise noted. The Contractor shall give all notices necessary to the due and lawful prosecution of the work.
Contractor shall pay all license fees and royalties related to or necessary for the Work and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device that is the subject of patent rights or copyrights held by others.
There will be no fee charged for a City of Richmond Encroachment Permit. Contractor and Subcontractors must possess valid Richmond business license and provide a copy to City.
Caltrans Encroachment Permit
The Contractor shall conform to the requirements of the Encroachment Permit for work affecting State right-of-way. Prior to starting work, the Contractor shall apply for and obtain an encroachment permit for construction (any fees to be paid by Contractor).
Section SP-7- Legal Relations And Responsibility
75 Full compensation for conforming to the requirements of this section shall be included in the contract prices paid for various items of work, and no additional compensation will be allowed therefor.
OCCUPATIONAL SAFETY AND HEALTH STANDARDS
All construction personnel shall wear orange colored safety vests during working hours unless otherwise approved by the Engineer.
The Contractor shall provide temporary toilet facilities at the site, which shall be maintained in a sanitary condition at all times.
Contractor shall not unreasonably encumber the Project site with materials or equipment.
Contractor shall, during performance of the Work, keep the Project site and surrounding area free from the accumulation of excess dirt, waste materials, and rubbish caused by Contractor.
Contractor shall remove all excess dirt, waste material, and rubbish caused by the Contractor; tools; equipment; machinery; and surplus materials from the Project site and surrounding area at the completion of the Work.
Contractor shall establish a system for daily collection and disposal of waste materials from construction areas and elsewhere on the site. Contractor shall handle waste materials that are hazardous, dangerous, or unsanitary separately from inert waste by containerizing appropriately.
Burning or burying of waste materials on site will not be permitted.
Contractor shall abide by requirements in OSHA Standard 29 CFR Part 1910.146, “Permit- required confined spaces” during all phases of work.
Contractor shall also abide by any additional safety and health requirements implanted by State, Contra Costa County or City of Richmond. See the following links for COVID-19 guidelines:
https://www.dir.ca.gov/dosh/coronavirus/
https://www.coronavirus.cchealth.org/
https://covid19.ca.gov
AIR POLLUTION CONTROL
Contractor shall report in writing to the Engineer, to the Air Pollution Control District, and to the Regional Office of the Environmental Protection Agency any discharge of smoke, dust, or any other air contaminants which are a violation of any applicable legal requirement. Contractor shall take all steps necessary to minimize the impact of adverse odors upon adjacent properties.
TEMPORARY LIGHT, POWER, AND WATER
Contractor shall at its own expense, furnish, install, maintain, and remove all temporary light, power, and water, including piping, wiring, lamps, and other equipment, necessary for the Work. Contractor shall not draw water from any fire hydrant, except to extinguish a fire, without first obtaining permission from the Engineer and the applicable water agency.
Section SP-7- Legal Relations And Responsibility
76 WATER POLLUTION CONTROL
Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution and shall conduct and schedule its operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of construction of those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall report in writing to the City, the Regional Water Quality Control Board, and to the Regional Office of the Environmental Protection Agency, any violation of any applicable legal requirement.
DRAINAGE AND EROSION CONTROL
Contractor shall maintain drainage within and through the Work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete or other acceptable materials will be permitted when necessary to protect the Work, provided their use does not create a hazard or nuisance to the public. Such dams shall be removed from the site as soon as their use is no longer necessary.
PUBLIC NOTIFICATION
The Contractor shall assign a Project Superintendent who has the complete authority to make decisions on behalf of the Contractor. The Project Superintendent shall be on the job at all times during the construction and shall be available and on call 24 hours a day for the duration of the project. The Contractor shall provide the Engineer and to the Richmond Police Department a 24-hour contact number for the Project Superintendent. This number shall not direct calls to a recorder or other message taking service.
Ten (10) calendar days prior to beginning any work, the Contractor shall furnish and hand deliver written notice to all adjoining residents, businesses, and tenants. The notice shall be in a form approved in advance by the Engineer. A sample of the notice will be provided to the Contractor at the Pre-construction Conference. The Contractor shall provide written notification to the public, local residents, local utility companies, the United States Postal Service (USPS), local school districts, bus services, businesses, garbage collection companies, and any other persons or agencies affected by this Project’s work on the street/block. An operation is defined as work performed by a specific trade (e.g. sidewalk repair, driveway repair, etc.). Failure to distribute notices shall be sufficient cause for the Engineer to suspend the work until such notices are distributed. The notice shall alert the resident of the scope of the work that will take place in two days along their frontage and potential impacts to ingress and egress of their driveways, as well as parking restrictions. The notice shall also contain contact information for individuals associated with this project (such as the Resident Engineer and Contractor Superintendent), as well as overall program contact information.
Contractor shall provide new notification if schedule changes after original notification has been sent.
Contractor shall provide to the Engineer for approval, a copy of the proposed written notification prior to mailing or delivery. The Contractor shall provide a copy of the written notification as mailed or delivered, as well as a list of all recipients of such notification. The Contractor shall
Section SP-7- Legal Relations And Responsibility
77 maintain an updated and chronological record at the job site of all written notifications along with a list of the recipients. Such records shall be made available upon request by the Engineer.
The Contractor shall post temporary “No Parking” signs in existing parking areas in the public right-of-way directly impacted by the current construction at least 72 hours in advance. The Contractor shall notify the Richmond Police 24 hours prior to posting the signs.
The Contractor shall also contact and coordinate the work with the agencies and companies listed below with the aim of minimizing inconvenience or disruption of service to Richmond residents.
The Contractor shall make every effort to accommodate the service to the community provided by those agencies and companies listed below. Additionally, the Contractor shall give the agencies and companies listed below written notification of the project fourteen days prior to beginning any work.
Richmond Police Department (510) 233-1214
Richmond Fire Department (510) 307-8031
U.S Post Office (800) 275-8777
Contra Costa Transportation Authority (925) 407-0121 West Contra Costa Unified School District (510) 231-1100 West Contra Costa Integrated Waste Management Authority (510) 215-3125 Richmond Public Works (Street Sweeping) (510) 231-3011 Richmond Sanitary Company (Garbage Collection) (510) 262-1600 Stege Sanitary District (Sewer Services) (510) 524-4668 West County Wastewater District (Sewer Services) (510) 222-6700
Unless otherwise approved by the Engineer, a project site location cannot remain open for more than 3 weeks.
If operations on any street go dormant for more than (5) calendar days, all affected property owners on each street will require re -notification, and “No Parking” signs will require reposting. Failure to distribute new notifications and repost “No Parking” signs shall be sufficient cause for the Engineer to suspend all work until such notices are distributed and signs posted.
Full compensation for conforming to the requirements in this section “Public Notification,” shall be considered as included in the contract prices paid for the various contract items of work and no additional compensation will be allowed therefor.
The Contractor may be assessed liquidated damaged, as specified in Section Prosecution and Progress, for performing work in an area without providing the required notifications.
PUBLIC CONVENIENCE
Contractor shall not trespass on private property without permission. Work is intended to take place from public property side of right-of-way.
Section SP-7- Legal Relations And Responsibility
78 Contractor shall coordinate all construction activities with businesses to minimize impact.
No work will be allowed on Saturday, Sunday, or legal City holidays, unless shown on the work orders, specified in these Special Provisions or approved by the Engineer.
The portion of the traveled way open to public traffic shall remain open and shall be free of any obstructions.
Temporary access to properties shall be provided by the Contractor at all times except when temporary closure is authorized by the Engineer.
The Contractor shall be responsible for investigating and accommodating the specific access needs of the property owners whose driveways are impacted by the Contractor’s daily construction activity.
Temporary closure of driveways may be allowed subject to the advance written approval of the Engineer. However, in no case shall a driveway remain closed for more than 6 hours unless otherwise authorized by the Engineer. Prior to closure of driveways, the Contractor shall coordinate and notify the property owner or resident by delivery at least twice of such closure.
Closure notices shall be given to the property owner/resident 24 hours and one hour prior to each closure. It is the Contractor's responsibility to assess and accommodate all property owners' specific needs for driveway access.
Pedestrian access facilities shall be provided through construction areas at all times. If the Contractor's operations require closure of walkways, adequate pedestrian directional signs shall be provided and maintained. At the end of each working day or until the pedestrian walkways are permanently restored, temporary asphalt concrete (4'-0" minimum width) or trench steel plate walkways shall be provided and maintained. The temporary walkway surfacing shall be skid resistant and free from irregularities.
PUBLIC SAFETY
The Contractor shall provide for the safety of traffic and the public in accordance with the provisions in Section 7-1.04, “Public Safety” of the Standard Specifications and these Special Provisions.
The Contractor shall have a Traffic Control Plan prepared for each street and for each stage of construction and when requested by the Engineer for any specific construction activity. The Traffic Control Plan shall be prepared by a person who is certified by the Institute of Transportation (ITS), the American Traffic Safety Services Association (ATSSA), the International Municipal Signal Association (IMSA) or the State of California Department of Transportation (Caltrans) as having successfully completed training in the design and operation of work zone traffic control.
Along with the Traffic Control Plan, the Contractor shall submit the designer's Certification. Work shall not proceed without the Engineer's advance approval of the Traffic Control Plan for the work attempted.
Section SP-7- Legal Relations And Responsibility
79 The Contractor shall maintain a minimum of one ten (10) foot lane of traffic and twelve (12) foot lane on truck routes, flagger controlled, open to the public at all times while work in progress.
Traffic lanes may be temporarily shifted only during the hours of work. All original traffic lanes must be restored at the end of each work day. The Contractor shall include in the Traffic Control Plan discussed above a plan for temporarily shifting lanes while maintaining one lane of traffic open in each direction.
All steel trench plates shall have non-skid surfaces. Steel plates shall be tack welded at the seams if to be in place for more than 24 hours. Steel plates shall be recessed and installed with their surface flush with the pavement surface for locations where traffic speed is 30 mph or greater, or the trench plate is to be in place for more than seven (7) days. The length of trench plate in place in any given localized area at one time shall not exceed 150 feet, unless otherwise noted. Trench plates shall be removed from a street upon completion of utility work in that street and prior to beginning utility work at another street.
The Contractor may be assessed liquidated damaged, as specified in Section SP 8 – Prosecution and Progress – “Liquidated Damages”, for failure to maintain trench plates and maintain pedestrian access as required.
When construction work is adjacent to a lane carrying public traffic, and when the construction grade is more than 0.25 feet below the existing pavement surface, the construction grade shall conform to the existing pavement surface at a 4:1 slope or flatter to provide for public safety. The material used for this slope shall be completely removed before the structural section is constructed to allow proper placement and compaction of the structural section material.
The Contractor shall install temporary railing (Type K) between any lane carrying public traffic and obstacle or storage area when the following conditions exist:
(a) Temporarily Unprotected Permanent Obstacles.--Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for his convenience and with the permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day.
(b) Storage Areas.--Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the specifications.
No stockpiling in the street is allowed.
All vehicles involved in the Contractor's operations shall turn around only at public street intersections. Driveways and other private properties shall not be used unless authorized in writing by the property owner(s). A dated copy of the written consent shall be delivered to the Engineer prior to the use of private driveways or properties.
Portable delineators may be used as barriers during daylight hours only. When traffic cones or
Section SP-7- Legal Relations And Responsibility
80 delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 10 feet without written approval from the Engineer.
In Section 7-1.04, “Public Safety” of the Standard Specifications, second paragraph from the top, add the following:
If the Contractor refuses or fails to furnish and install the necessary warning devices and take protective measures in a timely manner, the Engineer, with or without notice to the Contractor, may provide suitable warning or protection by causing such work to be done and such materials to be furnished. The cost and expense of such work and materials so furnished shall be borne by the Contractor; and if the same is not paid for on presentation of the bills therefor, then such costs will be deducted from any monies due or to become due to the Contractor. The performance of such work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer.
Full compensation for conforming to the requirements in this section “Public Safety,” shall be considered as included in the contract prices paid for the various contract items of work and no additional compensation will be allowed therefor.
USE OF EXPLOSIVES
Use of explosives will not be allowed.
ASSIGNMENT AND DELEGATION
The Contract Documents, and any portion thereof, shall not be assigned or transferred, nor shall any of the Contractor’s duties be delegated, without the written consent of the City. Any attempt to assign or delegate the Contract Documents without the written consent of the City shall be void and of no force and effect. Consent by the City to one assignment shall not be deemed to be a consent to any subsequent assignment.
Pursuant to California Government Code section 4552, the Contractor shall assign to the City, all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Action (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract.
This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. The Contractor further warrants that all goods, services, and materials provided to the City in accordance with this Contract are free and clear of all liens and encumbrances.
INSURANCES
Refer to Appendixes for insurance requirements
DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION.
City will not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that
Section SP-7- Legal Relations And Responsibility
81 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.
These prevailing rates are available online at http://www.dir.ca.gov/OPRL. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.
Subcontractor List. Each bidder must submit the name, location of the place of business, California contractor license number and DIR registration number for each Subcontractor who will perform work or service or fabricate or install work for the prime contractor in excess of one- half of 1% of the bid price, using the Subcontractor List form included with the Contract Documents.
If City is unable to confirm that the bidder’s DIR registration is current, City must disqualify the bidder as non-responsive. (Labor Code section 1725.5.)
COORDINATION WITH UTILITY COMPANIES
Refer to Section SP-16 - Public Utility Coordination.
MEASUREMENT AND PAYMENT
Full compensation for Insurance, and other requirements of this section shall be considered as included as included in the contract prices paid for the various contract items of work and no additional compensation will be allowed therefor.
Section SP-8 – Prosecution and Progress
82 SECTION SP-8 - PROSECUTION AND PROGRESS
START OF JOB SITE ACTIVITIES
It is anticipated that the City Council will award (if it is to be awarded) a contract for this project at their regular scheduled meeting.
It is the Contractor’s responsibility to have all contracts, bonds, and insurance approved by the City before starting work.
HOURS OFWORK
The Contractor’s day work operations shall be limited to the hours between 8:00 A.M. and 5:00 P.M., unless otherwise specified in these Special Provisions, the contract plans, or approved in advance by the Engineer.
All references herein to timeframes that are specified in days shall mean calendar days, unless specifically stated otherwise.
The temporary full closure of streets is not permitted without the advance approval of the Engineer.
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.
ORDER OF WORK
Order of work shall conform to the provisions specified herein. Also, when required by the special provisions or work orders, the Contractor shall follow the sequence of operations as set forth therein.
Construction activities shall adhere to the special construction constraints indicated in the Work Order 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
Section SP-8 – Prosecution and Progress
83 and review of invoices, submittal and review of shop drawings, and procedures for communications.
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.
No progress payment will be authorized if the contractor has not submitted and received written approval for the Construction Schedule, or if the City has suspended the contract in writing and in full.
ARCHAEOLOGICAL DISCOVERIES
At the pre-construction conference, all personnel connected with the project will be informed of the possibility of finding archaeological resources (e.g. human remains, artifacts, bedrock, bone or
Section SP-8 – Prosecution and Progress
84 shells). If during construction such resources are encountered, all work will be halted within a 30- yard radius of the findings and a qualified archaeologist retained by City, to ascertain the nature of the discovery. Measures recommended by the archaeologist and approved by the City will be implemented.
LIQUIDATED DAMAGES
Attention is directed to the provisions in Sections 8-1.05, “Time,” 8-1.10, “Liquidated Damages,” and 20-4, “Plant Establishment Work,” of the State Standard Specifications and these special provisions.
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 $500 per calendar day for each and every calendar day delay in finishing the work in excess of the number of working days prescribed above, except as extended by contract change order.
CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
The Contractor shall prosecute the work in the most efficient manner to minimize inconvenience to the public and complete the work within the Contract time limit. Prior to issuing the notice to proceed, the Contractor shall:
1. Provide the Engineer the name and local 24-hour telephone contact number of the Contractor’s Superintendent.
2. Provide the Notice to Residents.
3. Provide a Materials List.
4. Prepare a Vehicular and Pedestrian traffic control plan.
5. Provide for photo and video documentation of the existing conditions.
The Contractor shall complete the work in accordance with the following:
1. Procure all materials and equipment needed for construction
2. Establish traffic control system
3. Install water pollution prevention devices
4. Pothole to locate all existing utilities in areas of work
The Contractor’s proposed Construction Schedule shall be submitted in a format as detailed in Section 8-1.02 “Schedule” of the State Standard Specifications to the Engineer within ten (10) working days after the date of the Notice of Award of Contract and shall reflect all major and controlling items of work and conform to all contract requirements, including the order of work mentioned above. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.
Section SP-8 – Prosecution and Progress
85 Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed Construction Schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures.
In the event of a deviation from the most current order of work, progress report or complete progress schedule (whether authorized, planned, unplanned or emergency deviation) if additional or unplanned inspection fees are incurred by the City as a result as determined by the Engineer, then an inspection service fees will be charged against the Contractor. The service fees will include all costs to the City associated with the deviation, including consultant fees, testing fees, employee regular and overtime rates, benefits, overhead and travel time. The service fees will be deducted from any amounts due the Contractor.
SUBMITTALS
The Contractor shall provide submittals in an electronic format to the Engineer for review and approval. The Contractor shall not proceed with procuring materials or commencing work until the submittal receives a favorable review by the Engineer. Prior to the Pre-Construction, the Contractor shall furnish the following:
1. Designation of Project Superintendent.
2. 24-hour contact information.
3. Advance notifications (door knockers)
4. Construction schedule
5. Vehicular and Pedestrian Traffic Control Plan
6. Concrete Mix Design Certification of Compliance
7. Asphalt Concrete Mix Certification of Compliance
8. Class 2 Aggregate Base Certification of Compliance
9. Washed Class II Permeable Angular Rock Crushed Stone
The City reserves the right to require additional submittals from the Contractor that are not specifically identified above. See the Special Provisions for additional submittals required.
DEFAULT
In the event that the Contractor is in default of the Contract, as defined in this section, the Engineer shall provide written notice to the Contractor and the Contractor’s surety (if any) in which the default is described.
A. Contractor shall be in default of this Agreement if the Engineer determines that any one of the following conditions exist:
1. Contractor is insolvent, files for bankruptcy, makes a general assignment for the benefit of its creditors, or fails to pay its debts as they become due.
2. Contractor fails to perform any portion of the Work in accordance with the requirements of the Contract Documents.
3. Contractor fails to perform any portion of the Work in accordance with the
Section SP-8 – Prosecution and Progress
86 timing requirements of the Construction Schedule.
4. Contractor abandons the Project site.
5. Contractor fails to replace or repair any damage caused by Contractor or its agents, representatives, contractors, subcontractors, or employees in connection with performance of the Work.
6. Contractor fails to supply workers, subcontractors, or other personnel with the skills, certifications, or licenses required by the Contract Documents.
7. Contractor violates any legal requirement related to the Work.
B. The City may, in the discretion of the Engineer, take any or all of the actions identified in this subsection, if the Contractor fails to: (a) promptly commence, and diligently and continuously prosecute the cure of the default, or (b) within ten (10) days, cure the default, or provide adequate written assurance to the satisfaction of the Engineer that the cure will be promptly commenced and diligently prosecuted to its completion,
1. Issue a Notice of Suspension of Work, by which the Contractor shall suspend all Work except for those portions of the Work authorized by the Notice, and for which the Contractor shall not be entitled to any adjustment of the Contract Amount or Contract Time.
2. Cure the default and charge the Contractor for all costs resulting therefrom, including administrative costs (including City staff costs, City consultant costs, and attorney’s fees) and interest in an amount equal to seven percent (7 %) per annum from the date of default, which charge may be deducted by the City from amounts otherwise payable to the Contractor.
3. Demand the Contractor to complete performance of the Work (including repair, or removal and replacement, of nonconforming Work).
4. Terminate control of the Work.
5. Terminate the Contract.
6. Remove the Contractor from the site and demand the Contractor’s surety (if any) to complete performance of the Work.
7. Take possession of the Project site and all materials, supplies, equipment, tools, and construction equipment and machinery thereon owned by Contractor; accept the assignment of any or all of the subcontracts; and then complete the Work by any method the City may deem expedient. If requested by the City, Contractor shall remove any part or all of Contractor’s materials, supplies, equipment, tools, and construction equipment and machinery from the Project site within seven (7) days of such request; and if Contractor fails to do so, the City may remove or store, and after ninety (90) days sell, any of the same at Contractor’s expense.
Section SP-8 – Prosecution and Progress
87 C. In the event that the Contract is terminated by the City in accordance with this section:
1. Contractor shall not be entitled to receive any further payment until the expiration of thirty-five (35) days after Final Completion and acceptance of all Work by the City.
2. If the unpaid balance of the Contract Amount exceeds the cost of completing the Work (including all additional costs and expenses made necessary thereby, plus all losses sustained, including any liquidated damages provided under the Contract Documents), such excess shall be paid to Contractor. If such costs, expenses, losses and liquidated damages exceed the unpaid balance of the Contract Sum, Contractor shall pay such excess to the City.
3. No termination or action taken by the City after termination shall prejudice any other rights or remedies of the City provided by law or by the Contract Documents upon such termination; and the City may proceed against Contractor to recover all losses suffered by the City.
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.
Section SP-10 – General
88 SECTION SP-9 – MEASUREMENT AND PAYMENT
BID ITEMS
Payment for the various items of the Bid Schedule shall include all compensation to be received by the Contractor for executing all aspects of the Work included in the Work Order and these Special Provisions. The Bid Amounts for each Bid Item will be used for comparative bid analysis.
Bid items are not intended to be exclusive descriptions of work categories and the Contractor shall determine and include in its pricing all materials, labor, and equipment necessary to complete each Bid Item as shown and specified.
BASE BID BID ITEMS:
Mobilization per Work Order
“Mobilization per Work Order ” shall be paid at the contract unit each performed 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 notifications, preparation and submittal of all project re cords 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, coordination and cooperation required, attending project meetings, developing construction water supply, referencing all survey monuments within the work zone, pre-construction video and photos, providing and removing on -site sanitary facilities, developing a temporary construction staging area, insurance and bonds; development, furnishing, placing, development and demobilization and all other mobilization work as shown on the work order, as specified in the Standard Specifications and these specifications, and as directed by the Engineer and no additional compensation will be allowed therefor.
The total cost for mobilization shall not exceed five (5) percent of the total price less the price for the mobilization.
Temporary Traffic Control per Work Order
“Temporary Traffic Control per Work Order ” shall be paid at the contract unit each performed include full compensation for furnishing all labor, including traffic control supervision, materials (including signs, barricades, and electronic portable changeable message signs), flaggers, tools, equipment and incidentals, and for doing all the work inv olved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of traffic control system including all lane closures necessary for any activities during the life of the project and for performing all work involved as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer and no additional compensation will be allow ed therefor.
All flagging costs will be paid as part of “Traffic Control” in lieu of provisions in Section 12- 2.02, “Flagging Costs," of the Standard Specifications and no separate payment will be paid therefor.
Section SP-10 – General
89 Remove and Replace Concrete Sidewalk including incidentals "Remove and Replace Concrete Sidewalk including incidentals” shall be paid at the contract unit prices per square foot performed and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals required for doing all the work involved, including sawcutting, demolishing, removing the existing concrete sidewalk and base , root pruning, debris disposal, utility adjustment, relocation and coordination , preparing the subgrade, landscape restoration, material testing, furnishing and compacting the aggregate base, protecting and incorporating existing pipe drains into the new works, doweling into the existing concrete, furnishing, placing and finishing concrete, and placing curing compound as specified herein, as shown on the Work Orders, as specified in the Standard Specification and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.
Remove and Replace Concrete Vertical Curb and Curb & Gutter including incidentals "Remove and Replace Concrete Vertical Curb and Curb & Gutter including incidentals ” shall be paid at the contract unit prices per linear foot performed and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals required for doing all the work involved, including sawcutting, demolishing, and removing the existing concrete curb, gutter and base and/or other material, removal of asphalt concrete up to 12 inch from gutter of curb (when gutter is not present), root pruning, utility relocation and coordination, debris disposal, protecting and incorporating new/existing pipe drains into the new work, preparing the subgrade, landscape restoration, furnishing and compacting the aggregate base, pipe drain, paint curb, doweling into the existing concrete, material testing, furnishing, placing and finishing concrete, placing curing compound, 6 inch min deep full depth asphalt concrete, as specified herein, as shown on the Work Orders, as specified in the Standard Specification and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.
Remove and Replace Concrete Residential Driveway including incidentals "Remove and Replace Concrete Residential Driveway including incidentals ” shall be paid at the contract unit prices per square foot performed and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals required for doing all the work involved, including sawcutting, demolishing, remov ing the existing concrete sidewalk and base , root pruning, utility adjustment, relocation and coordination, debris disposal, preparing the subgrade, landscape restoration, material testing, furnishing and compacting the aggregate base, protecting and incorporating existing pipe drains into the new works, doweling into the existing concrete, furnishing, placing and finishing concrete, and placing curing compound as specified herein, as shown on the Work Orders, as specified in the Standard Specification and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.
Remove and Replace Concrete Commercial Driveway including incidentals "Remove and Replace Concrete Commercial Driveway including incidentals” shall be paid at the contract unit prices per square foot performed and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals required for doing all the work involved, including sawcutting, demolishing, remov ing the existing concrete sidewalk and base , root pruning, utility adjustment, relocation and coordination, debris disposal, preparing the subgrade, landscape restoration, material testing, furnishing and compacting the aggregate base, protecting and incorporating existing pipe drains into the new works, doweling into the existing concrete,
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90 furnishing, placing and finishing concrete, and placing curing compound as specified herein, as shown on the Work Orders, as specified in the Standard Specification and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.
Remove and Replace Asphalt Concrete (6 inch min depth)
" Remove and Replace Asphalt Concrete (6 inch min depth)” shall be paid at the contract unit price per ton for these items shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals required for doing all the work involved, including sawcutting, demolishing, grinding, T -cuts, root pruning, debris disposal, utility adjustment, relocation and coordination, preparing the subgrade, furnishing, compacting aggregate base and asphalt concrete, constructing, maintaining, removing, and disposing of temporary asphalt concrete tapers, material testing, replacement of striping and for performing all the work involved as shown on the Work Orders, as specified in the Standard Specification and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.
Remove Tree, Stump, Roots and Dispose of Debris
"Remove Tree, Stump, Roots and Dispose of Debris " shall be paid at the contract unit prices per each and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in tree removal, stump removal, roots removal to a 2 foot depth, hauling, recycling, clean up, clearing and grubbing, landscape restoration, including removal and disposal of all resulting material and backfill, as required to facilitate access and perform the work as shown in the Work Orders, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.
This item is revocable if no tree/stump/root removal, clearing and grubbing is required.
Concrete Sidewalk Grind/Shave
"Concrete Sidewalk Grind/Shave” shall be paid at the contract unit prices per linear foot performed and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals required for doing all the work involved, including grinding/shaving, debris disposal as specified herein, as shown on the Work Orders, as specified in the Standard Specification and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.
Section SP-10 – General
91 SECTION SP-10 – GENERAL
DEFINITIONS
Agency/City - City of Richmond
Board - City Council
Caltrans - California Department of Transportation
City
City Standard
Details
-
-
City of Richmond
City of Richmond Department of Public Works Standard Details
County
Contra Costa
County
Standard
Details
- County of Contra Costa
Contra Costa County Public Works Department – Standard Details Dated March 2014
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
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92 Plan/Work Order
Rock
-
-
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.
Set of proposed design documents provided by the City and/or construction manager for construction.
Solid homogeneous interlocking crystalline material with firmly cemented, laminated, or foliated masses or conglomerate deposits, neither of which can be removed without systematic drilling and blasting, drilling and the use of expansion jacks or feather wedges, or the use of backhoe-mounted pneumatic hole punchers or rock breakers; also large boulders, buried masonry, or concrete other than pavement exceeding ½ cubic yard in volume. Removal of “hard material” will not be considered rock excavation because of intermittent drilling or use of above mentioned equipment that is performed merely to increase production.
State Standard
Specifications
- Standard Specifications, State of California, Department of Transportation, dated 2022 (or current version), including all revisions and amendments.
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
Section SP-10 – General
93 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.
5. The contractor shall be held responsible for any field changes made without written authorization from the City Engineer.
5. Contractor shall provide adequate traffic controls & shall submit a traffic control plan
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
Section SP-10 – General
94 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 2022 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.
LABOR NONDISCRIMINATION
Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.
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.
ARBITRATION
The last paragraph in Section 9-1.22, “Arbitration,” of the State Standard Specifications is amended to read:
Arbitration shall be initiated by a Complaint in Arbitration made in compliance with the requirements of said regulations. A Complaint in Arbitration by the Contractor shall be made not later than 180 days after the date of service in person or by mail on the Contractor of the final written decision by the Department on the claim.
Change Orders
At any time during the progress of the work, and without in any way rendering void the Agreement, the City may order alterations, additions or deductions from the work by change order, without notice to sureties. When so ordered in writing, the Contractor shall proceed with work as directed by the change order.
The change order shall describe the change in the work, the adjustment of the contract sum (if any), and the adjustment of the contract time (if any). The Contractor shall not be entitled to any extension of time for the completion of the work by virtue of any change order unless the change order specifically provides for this. If, after receiving a change order, the Contractor feels that he or she is entitled to an extension of time, he or she may, within five (5) working days file a written claim to that effect for consideration by the Engineer.
Section SP-10 – General
95 The process of submitting a proposed change, a cost proposal, or negotiating an agreed upon change order, or any failure to reach an agreement as to an adjustment in the contract sum or the contract time, shall not relieve the Contractor of his/her obligation to perform in accordance with the Contract Documents.
A change order may be in the form of a City directed change order or an agreed upon change order. Upon the receipt of either form of change order, the Contractor shall proceed promptly and diligently with the extra work.
(a) City Directed Change Orders - A City directed change order may be issued by the City without the Contractor’s signature where the City determines that it is in the City’s best interest to proceed with the work, and the change does not materially alter the character of the work. The Contractor shall be deemed to have accepted the terms of any City directed change order unless the Contractor asserts a claim with respect to the change order, no later than ten (10) working days following the Contractor’s receipt of the change order. See Special Provisions, Section SP-10 “Potential Claims And Dispute Resolution”.
(b) Agreed Upon Change Orders - Within five (5) working days after receiving a request from the City for a written proposal for an agreed upon Change Order, the Contractor shall provide the Engineer with a cost proposal in a form satisfactory to the Engineer, setting forth the Contractor’s proposed adjustments to the contract sum and contract time for performing the extra work.
Compensation for agreed upon change orders shall be calculated based upon the unit prices stated in the Bid Schedule and no additional markup for overhead or profit will be provided unless stated otherwise as follows. If there are no unit prices for the extra work, the Contractor and the City may agree upon unit prices or lump sum costs, which shall be used to increase or decrease the contract sum. In the absence of any such agreement, the contract sum shall be adjusted by Force Account.
1. Quantity Adjustments - Unit prices shall govern not only for alterations to work covered by written specifications and drawings, but also for other work incidental or necessary to completing the work for which written specifications and drawings may be later prepared. Whenever an item of work or materials is specified in the contract by unit price and is increased or decreased by more than 25 percent (25%), Section 9-1.06 of the Standard Specifications shall govern payment. This Section allows for a renegotiation of the unit price based upon consideration of the total pay item cost. If, however, a renegotiated price cannot be reached by the Contractor and the City, then the payment for this item shall be adjusted by Force Account.
2. Agreed Upon Price – If there are no unit prices for proposed extra work, the Contractor and the City may agree upon unit prices or lump sum costs, by written change order, prior to commencing work. In the absence of any such agreement, the contract sum shall be adjusted by Force Account.
Section SP-10 – General
96 3. Force Account - When extra work is to be paid on a force account basis, the labor, materials and equipment used in the performance of that work shall be paid in accordance with the 2022 State Standard Specification, Section 9-1.04 “Force Account.” To the total of the direct costs computed, there can be an added markup of up to thirty-five percent (35%) to the cost of labor, up to fifteen percent (15%) to the cost of materials and up to fifteen-percent (15%) to the cost of equipment. These markups shall constitute full compensation for any and all overhead costs, profit, or other costs not specifically designated as a cost of labor, material or equipment. When subcontractors perform force account work, an additional ten-percent (10%) markup shall be added to the total cost of the extra work to reimburse the Contractor for additional administrative costs. No markup for any Subcontractor beyond the first tier shall be paid.
During the performance of extra work by Force Account, and as a condition to the Contractor’s right to an adjustment of the contract sum, the Contractor shall prepare daily reports itemizing all costs for labor, materials, and equipment rental and provide certified payrolls. For labor costs, the reports shall include names, job classifications, hours worked and rates of pay. For equipment costs, the reports shall include size, type, identification number and hours of operation. All records and reports shall be submitted to the Engineer for approval on a daily basis. Reports shall be made on the State of California, Daily Extra Work Report Form or on a similar form approved by the Engineer.
i. Labor - Labor costs shall be based on the prevailing wage scale for each craft or type of workman, and no compensation shall be allowed for payment in excess of the prevailing wage. Employer payments for payroll taxes and insurance, health and welfare, pension, vacation, and other direct labor costs shall be included and will be calculated as the Labor Surcharge stipulated in the State of California, Labor Surcharge and Equipment Rental Rates book.
ii. Materials - Materials cost shall be the cost of all materials purchased by the Contractor and used in the extra work and shall be the actual cost of such materials, including sales taxes, freight and delivery charges. The City reserves the right to reject materials to be furnished by the Contractor, sources of supply or, if necessary, to furnish the materials to the Contractor. No compensation will be paid to the Contractor for any material furnished by the City or for materials not used.
iii. Equipment Rental - The Contractor will be allowed the actual rental rate of equipment, prorated over the time the machinery or equipment is required. For Contractor owned equipment, this rate shall be as stipulated in the State of California, Labor Surcharge and Equipment Rental Rates book. In addition, the Contractor will be allowed reasonable move-in and move-out charges, if applicable. All equipment shall, in the opinion of the Engineer, be in good working order, good condition, and suitable for its purpose. Equipment or tools having a replacement value of $200.00 or less, whether or not consumed by use, shall be considered small tools and no payment will be made therefore. iv. Other Services or Expenditures - The City may authorize and approve payment for work performed by special forces or necessary services and expenditures
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97 other than labor, materials, and equipment rental.
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 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,” of these Special Provisions and State Standards Specifications 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.
Section SP-10 – General
98 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 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
Section SP-10 – General
99 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:
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
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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.
REMOVAL OF ASBESTOS, LEAD PAINT AND HAZARDOUS SUBSTANCES When the presence of asbestos, lead paint or hazardous substances are not shown on the work orders or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, all such removal of asbestos or hazardous substances including any exploratory work to identify and determine the extent of such substances will be included in the lump sum price for this contract. If delay of work in the area delays the current controlling operation, it will be considered Extra Work as detailed in the Section 4-1.05 “Changes and Extra Work,” of the State Standard Specifications.
LUMP SUM
All labor, materials and incidentals shall be provided for the lump sum prices specified in the Bid Schedule.
SUBCONTRACTING
All subcontractors, suppliers and vendors shall comply with applicable Agency, City and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Fail to file any report due under said orders will result in suspension of periodic progress payments.
PAYMENTS
Attention is directed to Section 9-1.16, “Progress Payments,” and 9-1.17, “Payment After Contract Acceptance,” of the State Standard Specifications and these special provisions. In these sections revise “The Department” to “The City of Richmond.”
For the purpose of making partial payments pursuant to Section 9-1.16, “Progress Payments,” of the State Standard Specifications, the amount set forth for the contract items of work hereinafter listed shall be deemed to be the maximum value of said contract item of work which will be
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recognized for progress payment purposes.
After acceptance of the contract pursuant to Section 3, “Contract Award and Execution,” of the State Standard Specifications, the amount, if any, payable for a contract item of work in excess of the maximum value for progress payment purposes herein above listed for said item, will be included for payment in the first estimate made after acceptance of the contract.
SOUND CONTROL REQUIREMENTS
The noise level from the Contractor’s operations, between the hours of 8:00 a.m. and 5:00 p.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 requirement shall apply to all equipment 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.
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.
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:
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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.
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.
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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 6-2.03E, “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
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.
Section SP-11 – Mobilization
SECTION SP-11 – MOBLIZATION
GENERAL DESCRIPTION
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. Restroom facilities must be secured offsite and removed from the site after each shift.
Just prior (ten calendar days maximum) to beginning work at the subject site, the contractor shall jointly with the Engineer photograph and videotape the project site in sufficient detail to show the existing site conditions, including but not limited to the proposed alignment, staging areas, routes of ingress and egress for hauling and delivering, and all other areas that the contractor believes are appropriate. Contractor shall provide copy of video(s) to the City.
The Contractor shall arrange for and develop temporary construction staging areas for the storage and operation of construction equipment and supplies. The staging area shall be located outside of public right-of-way. No staging of equipment or material will be permitted on any public right- of-way without permission from the City. The Contractor must obtain written permission from the property owners to use their property in any fashion and provide copy of permission to City. No equipment, material, vehicles, personnel, etc shall be placed on private property, parking lots, driveways, etc without permission from the property owner. All contractor, subcontractor, and supplier employees shall park at the temporary construction staging area only. Contractor shall be responsible for security of their equipment and materials at all times
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.
Partial payment for Mobilization shall conform to Public Contract Code 10264.
ENVIRONMENTAL REQUIREMENTS
The Contractor shall comply with all air pollution, water quality, and other environmental control rules, regulations, ordinances and statutes as apply to the project and the executing of the work performed pursuant to the Contract. The Contractor shall implement construction site best management practices for the control of storm water and non-storm water and point discharges, erosion and sediment control. The
Section SP-11 – Mobilization
Contractor shall be fully responsible for implementing, maintaining, and repairing all water pollution controls for the duration of the construction contract. The Contractor shall make any repairs to the storm water pollution.
The Contractor shall be required to implement temporary construction site best management practices (BMP's) in accordance with the Construction Site Best Management Practices (BMP's) Manual issued by the State of California, Department of Transportation. The temporary construction site best management practices required for this Contract shall include, but are not limited to:
A. Stockpile Management: Implement BMP's, as appropriate, for soil stabilization and sediment control as applicable to stockpile of various materials.
B. Mobile Operations: Implement BMP's, as appropriate, for the control of equipment fueling and maintenance, concrete mixing and wash out, hauling and storage of materials. BMP's shall control the specific situations that mobile operations can create.
C. Wind Erosion Controls: Implement BMP's, as appropriate, for all disturbed soils on the project site that are subject to wind erosion when wind and dry conditions exist.
D. Tracking Controls: Implement BMP's, as appropriate, for the control of sediments and debris from the collection system.
E. Non-Storm Water and Waste Management and Materials Pollution Controls: Implement BMP's, as appropriate, to control the discharge of materials other than storm water to the storm water collection system.
The Contractor shall inspect BMP's regularly. The WPCP shall indicate the schedule for inspections, and the responsible person(s) for inspections. Improperly installed, damaged or ineffective BMP's shall be corrected immediately. Records of all inspections and compliance certifications reporting must be retained as part of the WPCP for the duration of construction.
The Contractor shall be responsible for any fines imposed by the Regional Water Quality Control Board or other agency as a result of noncompliance, negligence, or violation of water pollution control requirements.
MEASUREMENT AND PAYMENT
“Mobilization per Work Order ” shall be paid at the contract unit each performed 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 notifications, preparation and submittal of all project re cords 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, coordination and cooperation required, attending project meetings, developing construction water supply, referencing all survey monuments within the work zone, pre-construction video and photos, providing and removing on -site sanitary facilities, developing a temporary construction staging area, insurance and bonds; development, furnishing, placing, development and demobilization and all other mobilization work as shown on the work order, as specified in the Standard Specifications and these specifications, and as directed by the Engineer and no additional compensation will be allowed therefor.
Section SP-12 – Progress Schedule (critical path method) 106
SECTION SP-12 – PROGRESS SCHEDULE (Critical Path Method)
GENERAL
This Section specifies the requirements for project planning, scheduling and progress reporting to be performed by the Contractor. This section supersedes all other sections dealing with this item in the contract documents.
Critical PathMethod scheduling (CPM) shall be employed by the Contractor for planning, scheduling and reporting all work required by the Contract Documents.
DEFINITIONS
A. Baseline Schedule – The initial schedule representing the Contractor’s work plan on the first working day of the project. A detailed CPM schedule, prepared by the Contractor, indicating the Contractor’s plan for executing the Contract work. This schedule shall include the Contractor’s logic network diagrams, all schedule network reports and all schedule resource reports.
B. Revised Baseline Schedule – The Baseline Schedule shall be revised as necessary to incorporate Contract changes. The Contractor’s field performance or other avoidable delays shall not be considered justification for Baseline Schedule revision.
C. Update Schedule – A current schedule developed from the baseline or subsequent schedule through regular monthly review to incorporate as-built progress and any planned changes.
D. Weekly Plan – A detailed bar chart plan of the work to be accomplished in the coming 3 weeks. All activities and sub-task activities in the weekly plan shall be referenced with the activity numbers in the Update Schedule.
E. Time Impact Analysis – A schedule and narrative report developed specifically to demonstrate what effect a proposed change or delay has on the update scheduled completion date.
The Contractor shall provide information on the software used for all the computer generated reports and logic network graphics. The City may request for an electronic copy of the schedule submittals.
The Contractor shall submit the following schedules:
1. Baseline Schedule
2. Revised Baseline Schedule
3. Update Schedule
4. Weekly Plan
5. Time Impact Analysis
6. Final Update Schedule
Section SP-12 – Progress Schedule (critical path method) 107
SCHEDULE SUBMITTAL
A. BASELINE SCHEDULE
The Baseline schedule submitted by the Contractor shall represent the Contractor’s plan of operation performed within the specified Contract completion time and within the Contract bid price. It shall represent a practical plan to complete the work. A schedule extending beyond the Contract completion date will not be accepted. The Contractor shall submit to the Construction Manager a baseline schedule within 20 working days of award of contract. The Contractor shall allow 3 weeks for the Construction Manager’s review after the baseline schedule and all support data are submitted.
The Contractor is required to involve all subcontractors in the development, implementation, and updating process of its schedule. When completed with the proper format and content, the Contractor shall submit its Baseline schedule to the Construction Manager for review and approval.
Failure by the Contractor to include any element of work required for the performance of this Contract shall not excuse him from completing all work required within any applicable completion date. Items missing from the schedule are assumed to be incidental work and not critical activities. If activities are found to be missing from the schedule after the Construction Manager’s approval, the Contractor shall submit a revised schedule to include these items. The revised schedule shall be subject to review and approval by the Construction Manager as described in “Revised Schedule” clause. No extension of time will be granted because of errors or omissions on the schedule. The Contractor shall be responsible to incorporate all necessary activities to cover the work required by the Plans and Specifications.
The CPM schedule when approved by the Construction Manager shall constitute the official Contract work schedule throughout the construction period. No alteration of the logic, duration of activities, etc. will be allowed without the approval of the Construction Manager. A total of not more than 50 percent of the baseline schedule activities shall be critical or near critical, unless otherwise authorized by the Construction Manager.
The work of this Contract will be affecting neighboring businesses, property owners and utility agencies. Therefore, it is imperative that a schedule be submitted as soon as possible in order for the Construction Manager to have adequate time to inform other parties affected by the construction operations. If the Contractor delays submitting the required schedule, the Contractor will be restricted from doing any work until a schedule is submitted.
The Baseline Schedule shall comply with the following:
1. The time scaled schedule shall be cost and resource loaded.
2. The schedule shall include separate non-construction activities indicating:
a. Preparation and submittal.
b. City review and approval.
c. Procurement and delivery of major material and equipment. d. Necessary testing.
Section SP-12 – Progress Schedule (critical path method) 108
e. City review of limit of work and form. 10 days shall be provided for City review of post- construction.
f. Curing.
g. Final cleaning.
h. Final inspection.
i. Punch List.
3. Negative float will not be allowed on the CPM schedule on the initial submittal. Initial CPM schedule with negative floats shall be rejected immediately. The Contractor shall provide sufficient manpower (multiple crews) and maximize working hours (extended hours) to perform the required work within the specified completion time and Contract bid price.
B. REVISED BASELINE SCHEDULE
The Revised Baseline Schedule is an update of the latest approved Baseline Schedule. Any revision to the latest approved Baseline Schedule requires the Construction Manager’s approval. Revisions shall reflect only changes that are approved or that are unavoidable. The Revised Baseline Schedule submittal shall meet the following minimum conditions:
1. Critical path(s) shall be clearly identified.
2. Durations, sequence and logic of activities shall not be changed except as a result of changes or changes in unit price quantities that directly affect the durations, sequence and logic of activities in the latest approved Baseline Schedule.
3. New activities added to the Revised Baseline Schedule shall include, as applicable, the cost, manpower and quantities associated with these new activities.
4. Time Extensions to the Contract will be considered only through a revised Baseline Schedule submittal.
5. Revised completion date shall be shown in the Revised Baseline Schedule submittal. The latest approved Contract completion date shall also be shown. If there is any time difference between the two completion dates, positive or negative floats shall be shown.
C. UPDATE SCHEDULE
The Contractor shall submit an updated schedule on or before the first day of each month, beginning one month after the baseline schedule is accepted. The Contractor shall allow 2 weeks for the Construction Manager’s review after the update schedule and all support data are submitted, except that the review period shall not start until the previous month’s required schedule is accepted.
Updated schedules that are not accepted or rejected within the review period will be considered accepted by the Construction Manager.
Section SP-12 – Progress Schedule (critical path method) 109
The updated schedule shall show the status of work actually completed to date and the work yet to be performed as planned. Actual activity start dates, percent complete and finish dates shall be shown as applicable. Durations for work that has been completed shall be shown on the update schedule as the work actually occurred, including Engineer submittal review and Contractor resubmittal times.
The Contractor may include modifications such as adding or deleting activities or changing activity constraints, durations or logic that do not (1) alter the critical path(s) or near critical path(s) or (2) extend the scheduled completion date compared to that shown on the current accepted schedule. The Contractor shall state in writing the reasons for any changes to planned work. If any proposed changes in planned work will result in (1) or (2) above, then the Contractor shall submit a time impact analysis as described herein.
D. WEEKLY PLAN (Three-Week-Look Ahead)
The Contractor shall prepare and deliver to the Construction Manager at the weekly construction meeting, a weekly plan.
The weekly plan shall cover the period from the last weekly construction meeting through the next three (3) weeks after the meeting.
The weekly plan shall be prepared in the form of a bar chart breaking down activities.
The Contractor shall notify the Construction Manager in writing of any deviation from the weekly plan, no less than forty – eight (48) hours prior to said deviation. Deviations from the weekly plan may be rejected by the Construction Manager.
E. TIME IMPACT ANALYSIS
The Contractor shall submit a written time impact analysis (TIA) to the Construction Manager with each request for adjustment of contract time, or when the Contractor or Construction Manager consider that an approved or anticipated change may impact the critical path or contract progress.
The Contractor will be required to submit the network diagrams, narrative report, and the schedule data to support the TIA.
The TIA shall illustrate the impacts of each change or delay on the current scheduled completion date or internal milestone, as appropriate. The analysis shall use the accepted schedule that has a data date closest to and prior to the event. If the Construction Manager determines that the accepted schedule used does not appropriately represent the conditions prior to the event, the accepted schedule shall be updated to the day before the event being analyzed. The TIA shall include an impact schedule developed from incorporating the event into the accepted schedule by adding or deleting activities, or by changing durations or logic of existing activities. If the impact schedule shows that incorporating the event modifies the critical path and scheduled completion date of the accepted schedule, the difference between scheduled completion dates of the two schedules shall be equal to the adjustment of contract time. The Construction Manager may construct and utilize an appropriate project schedule or other recognized method to determine adjustments in contract time until the Contractor provides the TIA.
Section SP-12 – Progress Schedule (critical path method) 110
The Contractor shall submit a TIA in duplicate within 15 working days of receiving a written request for a TIA from the Construction Manager. The Contractor shall allow the Construction Manager 2 weeks after receipt to approve or reject the submitted TIA. All approved TIA schedule changes shall be shown on the next update schedule.
If a TIA submitted by the Contractor is rejected by the Construction Manager, the Contractor shall meet with the Construction Manager to discuss and resolve issues related to the TIA. If agreement is not reached, the Contractor will be allowed 15 days from the meeting with the Construction Manager to give notice in conformance with the provisions in Section 5-1.43, “Potential Claims and Dispute Resolution,” of the Standard Specifications. The Contractor shall only show actual as-built work, not unapproved changes related to the TIA, in subsequent updated schedules. If agreement is reached at a later date, approved TIA schedule changes shall be shown on the next update schedule. The Construction Manager will withhold remaining payment on the schedule contract item if a TIA is requested by the Construction Manager and not submitted by the Contractor within 15 working days. The schedule item payment will resume on the next estimate after the requested TIA is submitted.
No other contract payment will be retained regarding TIA submittals.
F. FINAL UPDATE SCHEDULE
The Contractor shall submit a final update, as-built schedule with actual start and finish dates for the activities, within 30 days after completion of contract work. The Contractor shall provide a written certificate with this submittal signed by the Contractor’s project manager and an officer of the company stating, “To my knowledge and belief, the enclosed final update schedule reflects the actual start and finish dates of the actual activities for the project contained herein.” An officer of the company may delegate in writing the authority to sign the certificate to a responsible manager.
G. RETENTION
The City will retain an amount equal to ten (10) percent of the estimated value of the work performed during each estimate period in which the Contractor fails to submit an acceptable schedule conforming to the requirements of these special provisions as determined by the Construction Manager. Schedule retentions will be released for payment on the next monthly estimate for partial payment following the date that acceptable schedules are submitted to the Construction Manager or as otherwise specified herein. Upon completion of all contract work and submittal of the final update schedule and certification, any remaining retained funds associated with this section, “Progress Schedule (Critical Path Method)”, will be released for payment. Retentions held in conformance with this section shall be in addition to other retentions provided for in the contract. No interest will be due the Contractor on retention amounts.
8. PROJECT MEETINGS
The Contractor will be required to attend the following meetings:
1. Pre-Construction Meeting
2. Weekly Construction Meetings
3. Public Meetings as necessary
Section SP-12 – Progress Schedule (critical path method) 111
MEASUREMENT AND PAYMENT
Full compensation for progress scheduled (critical path method) shall be considered as included in the contract prices paid for bid items of work involved and no additional compensation will be allowed therefor.
Section SP-13 – Dust Control
112
SECTION SP-13 – DUST CONTROL
DESCRIPTION OF WORK
Dust control shall conform to the provisions of Section 18, "Dust Palliatives" of the Standard Specifications.
MEASUREMENT AND PAYMENT
Full compensation for dust palliative including water and distribution shall be considered as included in the contract prices paid for bid items of work involved and no additional compensation will be allowed therefor.
Section SP-14 – Watering
113
SECTION SP-14 – WATERING
Watering shall conform to Section 10-4 “Water Usage”, Section 10-5 “Dust Control” ,Section 10-6 “Watering” Section 13, “Water Pollution Control,” Section 19 “Dust Palliatives” of the State Standard Specifications and these Special Provisions.
The Contractor shall supply the necessary labor, material, and equipment for construction water needs throughout the contract period. Construction water includes, but is not limited to, watering for dust control, and pipe testing. The Contractor shall contact East Bay Municipal Utility District (EBMUD) for a temporary water meter to supply the project. The contractor will be responsible for any fees, or deposits associated with obtaining construction water. This section applies during working and non-working periods, including weekends.
No separate payment will be made for the purpose of controlling dust caused by Contractor and public traffic.
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.
Section SP-15 – Temporary Traffic Control
114
SECTION SP-15 – TEMPORARY TRAFFIC CONTROL
All traffic control shall be provided by the Contractor.
Traffic control shall conform to the latest edition of “California Manual on Uniform Traffic Control Devices” issued by Caltrans, or State Standard Plan T13, “Traffic Control System for Lane Closure on Two Lane Conventional Highways.”
Any deviation in traffic control from the references mentioned above will not be allowed unless advance written approval is granted by the Engineer.
Attention is directed to Section 7-1.03, "Public Convenience", Section 7-1.04, "Public Safety", and Section 12 "Temporary Traffic Control" of the Standard Specifications and to the Section 8, "Public Safety.” Nothing in these Special Provisions shall be construed as relieving the Contractor from his/her responsibility as provided in said Section 7-1.04.
Minor deviations from the traffic requirements of this section, which do not significantly change the cost of the work, may be permitted upon the written request of the Contractor, if in the opinion of the Engineer public traffic will be better served and work expedited. Such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by contract change order.
Contractor shall provide all markers, signs, delineators, barricades, portable flashing beacons, flaggers, etc. necessary to ensure the safe passage of traffic through the work zone.
Maintaining safe and efficient traffic flow through the work zone is a high priority for the City.
For the purpose of this section, traffic relates to cars, trucks, buses, pedestrians, and bicycles. The traffic control described in this section shall be coordinated with other City projects. The Contractor’s shall conform to Sections 7-1.03 “Public Convenience,” 7-1.04 “Public Safety” and Section 12 “Temporary Traffic Control” of the State Standard Specifications, insofar as they may apply, and these Specifications.
Traffic Control shall comply with the following:
1. No work is allowed on Saturday, Sunday or Holidays.
2. During lane closure operations, a minimum of one flagman controlled and unobstructed paved traffic lane, not less than 11 feet wide, shall be open for use by public traffic.
3. The Contractor shall provide flagman and other personnel to control traffic at all times.
4. The Contractor shall prepare a detailed traffic control plan for the Engineer's advance approval; no work involving traffic control may occur until the Engineer approves the Plan.
5. All signs and other warning devices (including construction and advance warning signs placed beyond the limits of work) shall be provided and maintained by the Contractor at his or her expense, and shall remain his or her property after the completion of the contract.
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6. The Contractor shall provide all flaggers at his or her expense.
7. The Contractor shall provide and maintain all necessary signs to inform the public of the work.
TRAFFIC CONTROL PLAN SUBMITTAL
The Contractor shall submit a “Traffic Control Plan” in conformance with Standard Plan, “Traffic Control System For Lane Closure on Multilane Conventional Highway”, showing the proposed exact location of signs, cone taper limits, and flashing arrow sign for review and acceptance by the Engineer. Lanes shall not be closed until the traffic control plan has been reviewed and accepted by the Engineer. Plan shall also be in compliance with the latest CA MUTCD.
Contractor shall submit a “Pedestrian Traffic Control Plan” showing pedestrian detours or diversions that complies with the latest CA MUTCD including but not limited to Chapter 6D, Chapter 6F. Section 6F.74, Chapter 6G. Section 6G.05, and Chapter 6H, Typical Application 28 and Caltrans Pedestrian Facilities Handbook downloadable from http://www.dot.ca.gov/hq/construc/safety/Temporary_Pedestrian_Facilities_Handbook.pdf.
All traffic control plans shall be prepared by a registered civil or traffic engineer, and shall provide sufficient information and details to show typical lane closures, channelizing, proposed detours, locations and usage of flagmen, typical construction zone signing, provisions for pedestrians, etc. The traffic control plan shall show in detail the proposed staging and sequencing of the work together with the proposed traffic control system for each work task. The proposed traffic control system shall, in all respects, satisfy the requirements of these Special Provisions.
The Engineer will review the proposed traffic control plan and return it to the Contractor for any necessary revisions or corrections. The Contractor shall revise and resubmit the plan to the Engineer, and this process shall be repeated, until the proposed traffic control plan is accepted by the Engineer. The Contractor will not be permitted to perform any lane closures or implement any part of the traffic control plan until it has been accepted by the Engineer.
All weather and accessible access for pedestrians shall be provided at all times in and through the construction area. When a sidewalk, driveway or curb ramp is removed, the area shall be fenced and signage provided to direct pedestrians to an alternate ADA compliant route. Pedestrians shall be routed to temporary crossing points which shall be submitted to the Engineer for review and approval.
In locations where the sidewalk, driveway or curb ramp are removed, at the end of the work day the Contractor shall provide a temporary ADA compliant sidewalk, driveway or curb ramp
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fabricated from an accessible surface, including wood, asphalt or metal. A temporary access plan shall be submitted to the Engineer for review and approval 10 days prior to removal of the sidewalk, driveway or curb ramp.
No demolition work shall begin without the Engineer’s approval of the plans.
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”, and “Road Closed”.
Construction area signs shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 12, “Temporary Traffic Control ” of the State Standard Specifications and these Specifications. 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. The signs shall not be installed on trees, utility poles, private property, traffic signals, or any other appurtenance, unless approved by the Engineer.
NO PARKING SIGNS
The Contractor’s traffic control plans shall show the locations where on street parking is to be temporarily removed. If approved by the Engineer, the Contractor shall post "NO PARKING" signs along the street to be closed not less than 72 hours in advance of the time he or she wishes to commence operations. The time and date must be written on each sign that is posted. Signs must be posted no more than 50 feet apart along the area to be cleared of vehicles. Signs shall be removed upon completion of the work in any given area or when there will be a delay between types of work (underground, concrete, pavement rehabilitation, etc.).
The Contractor shall notify the Engineer after posting said "NO PARKING" signs 72 hours before the prohibition is to become effective.
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.
The Contractor shall provide and implement all traffic handling devices and equipment as described in Sections 12-3 “Temporary Traffic Control Devices” and 12-4 “Maintaining Traffic” of the State 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
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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 11 feet each. When this is not possible, the Contractor shall provide flaggers to control traffic. 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.
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.
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 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.
The Contractor shall provide an alternate circulation path shall be provided whenever the existing pedestrian access route in the public right-of-way is blocked by construction, alteration, maintenance, or other temporary conditions.
Where possible, the alternate circulation path shall parallel the disrupted pedestrian access route, on the same side of the street. The path shall minimize the length of detour and shall be approved by the Engineer before implementation. The alternate circulation path shall be all weather and compliant with the Americans with Disabilities Act. Where the alternate circulation path is adjacent to potentially hazardous conditions, the path shall be protected with barricades.
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.
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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 State 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 of these Specifications, 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.
TEMPORARY VEHICLE ACCESS
The Contractor shall provide a stable base for vehicles to travel over at the end of the workday.
This can include a class II aggregate base or cement treated base compacted adequately to support vehicle traffic without yielding. The Contractor shall apply water to control dust. The Contractor shall leave this temporary condition for the shortest period as necessary to complete the work; it shall be no more than 7 working days.
TEMPORARY PAVING
To accommodate the stage construction, the Contractor may need to install temporary asphalt paving to provide a uniform path of travel. The Contractor shall place hot mix asphalt pavement in accordance with the Section 39 “Asphalt Concrete” of the State Standard Specification as necessary to provide two lanes of travel in each direction, turn lanes, access through intersections, and accommodate any vertical transitions. In locations shown in the Plans, the Contractor shall additionally provide, place, and compact class II aggregate base to facilitate the installation of the temporary asphalt paving. When a vertical difference in excess of 1.0 inch (i.e. between new pavement and old pavement) exists either parallel or perpendicular to the vehicle’s path of travel, the Contractor shall place hot mix asphalt pavement allowing for a smooth transition to the satisfaction of the Engineer. The Contractor shall be responsible for maintaining the asphalt pavement for the duration of the project. The Contractor shall grind, remove, and dispose of the asphalt as necessary to accommodate the staging.
MEASUREMENT AND PAYMENT
“Temporary Traffic Control per Work Order” shall be paid at the contract unit each performed include full compensation for furnishing all labor, including traffic control supervision, materials (including signs, barricades, and electronic portable changeable message signs), flaggers, tools, equipment and incidentals, and for doing all the work involved in placing, removing, storing,
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maintaining, moving to new locations, replacing, and disposing of the components of traffic control system including all lane closures necessary for any activities during the life of the project and for performing all work involved as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.
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SECTION SP-16 – PUBLIC UTILITY COORDINATION
Attention is directed to Section 8 -1.10 "Utility and Non -Highway Facilities" of the Standard Specifications and these Special Provisions.
It is not the intent of the Work Order to show the exact location of existing utilities, and the Engineer assumes no responsibility therefore. Whenever any such utilities are indicated thereon, the Contractor shall be responsible for verifying their actual location and depth in the field. Where excavation is contemplated to be deeper than eight inches, the Contractor shall notify Underground Service Alert at (800) 642-2444 prior to excavation.
Where excavations are performed in the vicinity of underground utility mains and/or services the Contractor shall, as necessary, perform initial exploratory excavations (i.e., potholing) to determine their exact depth and location. Payment for exploratory excavation shall be included in the various items of work needed to complete the excavation work. Extreme care shall be exercised to avoid damage, and it will be the Contractor's responsibility to have repairs made to existing facilities at his/her expen se in the event of damage. Where existing utilities require temporary or permanent relocation to accommodate proposed work the Contractor will work with the utilities to provide a minimum of interruption to local service.
In order to avoid conflicts, construction work for the site shall be coordinated with any work by utility entities performing utility relocations. Upon completion of the installation and backfill of the soldier pile retaining wall, the contractor shall coordinate with the utilities, such that the utilities may have sufficient time to install their facilities, if any, in the roadway prior to final paving.
Reimbursement for right-of-way delays regarding work by utility entities shall not be allowed, and Section 8-1.10 of the Standard Specifications shall not apply to utilities identified on the plans or stated herein.
MEASUREMENT AND PAYMENT
Full compensation for conforming to Public Utility Coordination shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor.
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SECTION SP-17 – CLEARING AND GRUBBING
Clearing and Grubbing shall conform to the provisions in Section 15, “Existing Facilities” and Section 17-2, "Clearing and Grubbing," of the State Standard Specifications and these Special Provision Specifications.
Clearing and grubbing, especially with concern for existing native vegetation, shall be limited to the maximum extent practicable to those areas actually affected by the planned construction, and for access as necessary.
Clearing and grubbing shall also include temporary removal and replacement of black plastic tarping, ropes and sandbags as required to perform the project work. The tarping shall be replaced on the site following retaining wall installation to protect side slopes and bottom of the slide area not included in the retaining wall installation area.
Clearing and grubbing shall include, but not be limited to the following:
• Pruning of branches and vines in the vicinity of the erosion protection work and retaining wall as shown on the drawings.
• Removal of trees that are in conflict with the design as marked by the Engineer in the field. Existing trees throughout the project shall be protected from equipment. The Contractor shall protect the tree root systems for trees in the proximity of construction, and make every effort to modify his operation to not jeopardize the health of the tree.
• Removal of stump.
• Removal of soil from the retaining wall area.
• Removal of all other items conflicting with the work as shown on the plans as necessary to accommodate construction operations, or as directed by the Engineer.
Items that are designated to be salvaged shall be transported by the Contractor to the City’s facility located in Richmond as directed by the Engineer.
STORAGE OF MATERIALS
Construction materials (e.g., gravel, aggregate, heavy equipment) or project debris and waste material should not be placed adjacent to or against the trunks of trees. Disposing or depositing of oil, gasoline, chemicals or other harmful materials within the drip line or in drainage channels and swales is prohibited.
PRODUCTS
Submit suppliers product data for the following products:
MEASUREMENT AND PAYMENT
Full compensation for conforming to Clearing and Grubbing shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor.
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SECTION SP-18 - DISPOSAL OF MATERIALS
The City has not made arrangements for disposal of material, which may include but is not limited to soil, concrete, asphalt, pipe, rock, and vegetation. The Contractor shall dispose of all excess and unsuitable material in a legal manner.
The City has not completed testing of soil within the project limits. The Contractor is responsible for disposing of all excess soil in a legal manner at a facility with all-weather access. The Contractor should assume all soil must be disposed in a Class II landfill. The Contractor shall be responsible for testing soil as required by the disposal site.
The Contractor shall dispose of material such as asphalt, concrete, organic, and wood in a recycling facility.
The Contractor shall be responsible for disposing asphalt containing reinforcing fabric. All other materials shall be disposed in a legal facility.
Disposal of contaminated hazardous materials refer to Section SP-25 - Contaminated Material Handling, Removal And Disposal of these special provisions and state standard specifications.
MEASUREMENT AND PAYMENT
Full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work involved in Disposal of Materials shall be considered as included in the prices paid for the various items of work unless otherwise defined in these Specifications and no additional compensation will be allowed therefor.
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SECTION SP-19 - EXISTING FACILITIES
Attention is directed to Sections 8-1.10, “Utility and Non-Highway Facilities”, and Section 15, “Existing Facilities”, of the State Standard Specifications. The scope of work of this section includes, but is not limited to, the following: removal of existing highway facilities, adjusting existing survey monuments, water valves, manholes and interconnect and monitoring well covers to grade, and protecting existing highway facilities.
The Contractor shall verify all horizontal and vertical locations of existing utilities and other obstructions prior to construction activities by potholing. If the Contractor identifies conflicts, he or she shall notify the Engineer immediately.
The Contractor shall call U.S.A. 800-227-2600 to mark the locations of all underground utilities at least forty-eight (48) hours before the intended start of excavation.
At the completion of work, the Contractor shall remove all U.S.A. painted markings by water blasting or other non-destructive method, approved by the Engineer. Sandblasting or grinding to remove markings will not be allowed.
Payment for removing U.S.A. painted markings shall be considered as included in the cost of the various items of work shown on the Bid Form Proposal and no additional compensation will be allowed therefore.
Any damage to storm drain facilities or sewer facilities due to the Contractor’s operations shall be repaired or replaced by the Contractor to the satisfaction of the Engineer at the Contractor’s expense. Any damage to gas, electric, water, telephone, or other utilities shall be repaired by the utility company at the Contractor’s expense.
The Contractor shall be responsible for coordinating with all utilities for the repair, adjustment or relocation of utility facilities.
The Contractor shall coordinate their work with all utility companies in the project area which may include but may not be limited to:
Pacific Gas & Electric Company (Gas & Electric Services) (800)-743-4911 East Bay Municipal Utility District (Water Services) (866)-403-2683 Richmond Sanitary Sewer District (Sewer Services) (510)-307-8091 Stege Sanitary District (Sewer Services) (510) 524-4668 West County Wastewater District (Sewer Services) (510) 222-6700
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
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utility relocations and / or adjustments. The delay caused by these relocations and/or adjustments shall not count towards the Contractors’ “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 the following:
1. 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 bench mark that may be disturbed without permission. Replacement shall be done only with the direction of, and in the presence of, the Engineer.
2. Should the Contractor, during the course of construction, encounter a survey monument or bench mark not shown on the plans for the work, he/she shall promptly notify the Engineer, in writing, so that the monument or bench mark may be properly referenced, preserved and/or restored.
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 grinding, excavation or other operations, the Contractor shall work around survey monuments unless specifically otherwise indicated on the Work Orders. 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 Detail 30-A-1049 and 30-AA-1045.
Work done within 10 feet or less of a monument in the street, the contractor shall be survey the monument pre-construction and post-construction at their own expense.
Should the Contractor during the course of construction encounter a survey monument or bench mark not shown on the Work Order, they shall promptly notify the Engineer in writing so that the monument or 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 Detail 30-A-1049 and 30-AA-1045.in the surface of the new construction and a suitable monument box placed thereon.
REMOVALS
The Contractor shall remove and dispose of existing portland cement concrete curb, gutter, sidewalk, driveway, curb ramp, and curb ramp at the locations shown on the Work Orders. When
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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 Section 14-10, “Solid Waste Disposal and Recycling” of the Standard Specifications.
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 Worker Order. All materials removed shall be disposed of in accordance with Section 14-10, “Solid Waste Disposal and Recycling” of the Standard Specifications.
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.
For removal of tree roots, refer to Section SP-26 Tree Protection, Tree Removal, Root Pruning, Root Removal, And Tree Stump Removal. 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.
Replacement and adjustment of any utility box as shown in the Work Order shall be contractor’s responsibility to coordinate, order, pick up and install. Full compensation for the work involved in replacing and adjusting of any utility box shall be considered as included in the unit pries paid for various bid items for replacement and adjustment of these items and no separate payment shall be made therefor.
Full compensation for work involved in removal of existing concrete curb, gutter, sidewalk, driveway, and curb ramp 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.
RESTORE EXISTING IRRIGATION SYSTEMAND LANDSCAPING
Any irrigation system and/or landscaping damaged during the installation of the removal and
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placement of sidewalk, curb, gutter, driveway and curb ramps shall be replaced in kind by the Contractor within one week of damage occurring.
The Contractor’s attention is directed to the existence of private irrigation facilities not shown on the Work Orders. It is anticipated that some of these facilities will be in conflict with the proposed improvements or may be damaged during construction.
Existing turf may be carefully removed and restored following site grading. Turf may be replaced as long as new sod is of the same species as the existing. Contractor shall submit a sample to the Engineer for approval prior to installation.
The irrigation system in conflict with the proposed work shall be repaired and/or relocated to facilitate the concrete improvements. The Contractor shall coordinate replacement/relocation of the irrigation system with the property owners. The Contractor shall remain responsible for irrigating the landscape area until the irrigation system is fully functional.
The Contractor shall perform repairs in a timely manner and shall notify property owner when repairs are made. Engineer or City appointed representative shall be notified of any damages to the existing irrigation system and informed prior to any repairs taking place.
REMOVAL OF EXISTING PIPES, CONDUITS, STRUCTURES, AND EXISTING
FACILITIES
A. Unless otherwise noted on the Worker Orders, existing manholes, miscellaneous metals/concrete/polymer cleanouts, miscellaneous brickwork, and drainage inlets designated on the work order to be removed shall be transported offsite and disposed of in a legal manner.
Dismantling of the existing facilities in the trench or at the project site shall not be done by impact from driver mounted equipment (backhoe, loader, etc.) without prior approval of the Engineer. Portions of pipe that are not required to be removed shall be abandoned in accordance with these Specifications. Manhole covers and frames where indicated shall be salvaged and adhering concrete shall be removed. Salvaged manhole covers and frames shall be relocated to storage facilities at the City Corporation Yard. Off-loading of the salvaged material shall be done by the Contractor.
B. Existing abandoned utilities within the limits of the grading excavation and the excavation for proposed utilities are to be removed. Existing abandoned utilities beyond the limits of the excavation shall be abandoned in place by plugging the ends or by filling as shown on the work orderss. Removal of existing structures may require additional excavation and backfilling, beyond the limits of the excavation for the proposed facilities, so that the complete structure can be removed. No extra compensation shall be considered for such additional excavation to remove structures.
WATER VALVE BOXES/CANS
East Bay Municipal Utility District (EBMUD) valve cans shall be referenced by the Contractor with a field marking on the nearest curb prior to start of work using white spray paint, to be removed by the Contractor at the end of the project. Field marking shall be made at a point on the curb perpendicular to the pipeline noting the distance (X’) to EBMUD valve can with an arrow
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pointing in the direction of the water (W) valve (V). Field marking shall follow the convention “ arrow W V X’ ” If the valve can is located in an intersection, at least two separate field markings from different curb locations shall be used to clearly indicate the distance and location of the valve can.
Valve can reference field markings shall be inspected and approved by EBMUD prior to valve can removal and lowering. Contractor shall notify EBMUD seven (7) days prior to inspection and shall notify and coordinate directly with the EBMUD contact.
Contractor shall protect valve cans from damage or debris. Contractor shall remove debris from valve can prior to raising valve can and lids such that valve nut is fully visible and operable.
MEASUREMENT AND PAYMENT
Full compensation for existing facilities shall be considered as included in the contract prices paid for bid items of work involved and no additional compensation will be allowed therefor.
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SECTION SP-20 – PRESERVATION OF PROPERTY
The Contractor’s attention is directed to Section 5-1.36 “Property and Facility Preservation” of the State Standard Specifications. Building, fences, signs, walls, headers, curbs, gutters, sidewalks, driveways, curb ramps, pavements, hardscape, irrigation systems, drains, utilities, and any other features which are not designated to be removed shall be protected in place. Any damage to these facilities shall be repaired by the Contractor entirely at his or her expense as directed by the Engineer.
All improvements, such as fencing, irrigation, landscaping, etc., that conflict with the new improvements shall be removed and restored to preconstruction or better condition in new locations as approved in advance by the Engineer, and as shown on the Work Orders.
Should tree, root, and/or bush pruning or trimming be required to construct the improvements shown on the work orders, specified in these Special Provisions, and directed by the Engineer, pruning shall be performed in accordance with "Pruning Standards," published by the Western Chapter of the International Society of Arboriculture. Tree trimming or pruning shall be approved or performed in the presence of a certified and licensed arborist.
The Contractor shall notify the Engineer if tree roots over 2” in diameter are encountered. No roots of this size shall be cut without prior consent from a certified and licensed arborist. Such roots should be retained if possible and, if necessary, tunneled beneath. Severing of roots two (2) inches or greater in diameter shall be performed under the direction of the City Engineer with guidance and recommendations from a certified and licensed arborist, the following guidelines shall be followed whenever damage to any root over two (2) inches is required: Cleanly cut all encountered roots over 2” diameter. Coat cut root faces with emulsified asphalt, or other acceptable coating formulated for use on damaged plant tissues. Temporarily cover exposed roots with wet burlap to prevent roots from drying out, maintain moist condition of burlap at all times and remove burlap and cover with earth as soon as possible or recommendations from a certified and licensed arborist.
Specific limits of clearing and grubbing shall be approved in advance by the Engineer.
This work includes, but is not limited to: clearing, grubbing, demolition, removal of all objectionable material such as debris, shrubs, trees including stumps and roots, backfilling and recompaction of additional material to 90% relative compaction for stump holes and disposal of material at the end of each working day from within the specified work area as shown on the work order and as specified herein. Attention is directed to Section SP-21 “Earthwork” of these Special Provisions for requirements on quantified excavations and compaction requirements.
Underground irrigation systems, outside of the public right-of-way, which are damaged or removed during construction, shall be restored within 48 hours of the first destruction or removal in order to be functional. The Contractor shall be responsible for all damage to existing vegetation to remain due to lack of irrigation from broken irrigation lines. The landscaping and any other facilities shall be replaced in kind or as approved by the Engineer.
It shall be the contractor’s responsibility to ascertain the location of all utilities, including drains,
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manholes and monuments. The Contractor shall preserve all existing benchmarks, survey control points, reference points, and other permanent points within the project limits. Any of the aforementioned controls that are damaged will be replaced by the Contr actor’s licensed Land Surveyor at no cost to the City.
Additionally, the Contractor shall institute measure to preserve and protect buildings, fences, signs, hardscape, and underground utilities located adjacent to the work area. All damaged items shall be replaced in kind or as approved by the Engineer.
REPLACEMENT OF DAMAGED SURFACES
All asphalt concrete, concrete curbs, gutters, driveways, sidewalks, curb ramps or other surfaced areas which are broken or damaged shall be reconstructed by and at the expense of the Contractor, of the same kind of material and of the same dimensions as the original work or as directed by the Engineer, with the minimum requirement that concrete as specified herein shall be used. Repairs shall be made by removing and replacing the entire portion between joints or scores and not by refinishing the damaged part.
APPEARANCE OF WORK
All work shall match the appearance of existing improvements to the satisfaction of the Engineer.
UTILITIES
The Contractor shall telephone Underground Service Alert (USA) at (800) 227-2600 or 811 a minimum of two working days prior to start of work so that underground facilities can be approximately located and marked on the surface by the various utilities.
The Contractor shall, prior to start of construction, excavate and pothole and determine the exact locations, both horizontally and vertically, of all utilities within the roadway in the Project area.
Any utilities that are in conflict with the proposed work shall be relocated by the respective utility companies. If any utilities are in conflict with the proposed work, the Contractor shall notify the Engineer in writing of the location and elevation of the utility line that is in conflict. The Contractor shall coordinate all work with the utility companies under the direction of the Engineer.
The Contractor will be allowed additional working days equal to the number of working days that the relocation of utilities delays his work. No compensation will be allowed for idle time of equipment during the utility relocation.
MATERIALS
Materials and quality of work shall conform to those specified by the City Standards, the State Standard Plans and Specifications, and these Specifications.
RESTORATION DUE TO CONTRACTOR’S MEANS AND METHODS
The contract documents show the least impact to existing facilities for concrete improvements and related appurtenances. As required by the demolition and installation method as selected by the Contractor and approved by the Engineer, the Contractor shall restore existing curbs, gutters, sidewalks, curb ramps, driveways, signs, striping and asphalt at no additional cost to the City.
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REMOVAL AND DISPOSAL OFMATERIALS
All material removed, unless designated to be salvaged, shall become property of the Contractor and shall be disposed of outside of City right-of-way in accordance with State Standard Specifications Section 14-10, "Solid Waste Disposal and Recycling".
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-21 – EARTHWORK
This work shall be performed in accordance with Section 19, “Earthwork,” of the State Standard Specifications, these Special Provision Specifications and as directed by the Engineer.
Structure excavation and backfill shall conform to Section 19-3 "Structure Excavation and Backfill" of the Standard Specifications.
The Contractor shall verify all horizontal and vertical locations of existing utilities and other obstructions prior to construction activities by potholing. If the Contractor identifies conflicts, he or she shall notify the Engineer immediately.
The Contractor shall take all necessary precautions to avoid damage to existing facilities to remain in place including Concrete Curb and Gutter, AC pavement, Sanitary Sewer, Storm Drains, Water Lines and all other utilities in the project site area. Any damaged items shall be repaired or replaced to the satisfaction of the Engineer and the City.
After clearing and grubbing, removal of the existing asphalt pavement, and/or concrete in the locations shown in the Work Order, the Contractor shall excavate aggregate base, native materials, or other substances of whatever nature to the required subgrade depth as shown on the Work Order or as directed by the Engineer.
Perform excavation, filling, compaction and related earthwork under the observation of the Engineer. Materials placed without approval of the Engineer will be presumed to be defective and, at the discretion of the Engineer, shall be removed and replaced at no cost to the City. Notify the Engineer at least 24-hours prior to commencement of earthwork and at least 48 hours prior to testing.
Aggregate base shall be as specified in Section SP-24 – Aggregate Base.
EXCAVATION
All excess excavated material shall be disposed of outside the right-of-way as required by Section 14-10 “Waste Disposal and Recycling” of the Standard Specifications. The depth of the excavation shall be to the lines and grades shown on the work order plan and as directed by the Engineer.
Existing concrete, paving fabric and bituminous surfacing (at-grade and/or up to two-feet below grade) is required to be removed to construct proposed improvements as shown on the Work Order and as directed by the Engineer. Material shall be removed and disposed of in accordance with local ordinances.
Contractor shall note the possibility of pavement fabric and/or concrete within the existing pavement section. This material shall be disposed of at an acceptable site.
Where existing concrete or asphalt surfacing is to be removed flush with back of existing curbs, even where such surfacing is monolithic with existing curbs, the outline of the area to be removed shall be cut on a neat line with a power-driven saw to a minimum depth of 4 inches before
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removing the surfacing. Full compensation for cutting the existing surfacing shall be considered as included in the various contract items of work and no additional compensation will be allowed therefore. Damage to existing curb during these operations shall be corrected and paid for by Contractor.
Sawcut slurry shall be prevented from entering the storm drain system by covering or barricading storm drains. The Contractor shall vacuum and dispose of slurry off-site in accordance with Section 14-10 “Waste Disposal and Recycling” of the Standard Specifications.
The Engineer will perform observations and tests required to enable him or her to form an opinion of the acceptability of the Project earthwork. The Contractor shall correct earthwork that, in the opinion of the Engineer, does not meet the requirements of these Special Provision Specifications.
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 excess soil shall become the property of the Contractor and shall be disposed of as indicated in the Section SP-18 - Disposal of Materials of these Special Provision Specifications.
ROCK EXCAVATION
Rock excavation shall include remove and disposal of rock from open-cut excavations and that meet the requirements of the definition of “rock” as specified in Section SP10 - General “Definitions”.
Removal of “hard material” will not be considered rock excavation because of intermittent drilling or other equipment that is performed merely to increase production.
PREPARATION OF SUBGRADE
The Contractor shall notify the Engineer if unstable subgrade is exposed during removal and replacement and construction of concrete and asphalt concrete work. When directed by the Engineer or Construction Manager, the Contractor shall over-excavate unsuitable subgrade as shown in the City of Richmond Trench Section Detail, SS-10. Over-excavation shall be as directed by the Engineer and shall be backfilled with class 2 aggregate base and compacted to 95%, as shown in the City Standard Detail.
MEASUREMENT AND PAYMENT
Full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work involved in Earthwork shall be considered as included in the prices paid for the various items of work unless otherwise defined in these Specifications and no additional compensation will be allowed therefor.
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SECTION SP-22 – CONCRETE
Work covered by this section includes removal and replacement of concrete curb, gutter, sidewalk, driveways, and curb ramp improvements, as well as concrete for cleanout construction as shown on the work workers and as described in these Specifications.
Concrete to be removed and replaced shall be removed and replaced to the nearest existing score joint or expansion joint, unless otherwise shown in the drawings or directed by the Engineer.
QUALITY CONTROL / ACCEPTANCE TESTING
Field testing shall include testing for concrete slump as per ASTM C-143 and compressive strength (C39). Such testing shall be at a frequency determined by the Engineer and shall be performed by the Owner’s laboratory at the Owner’s expense. The Contractor shall furnish the concrete necessary for casting test cylinders.
The contractor is required to 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 Work Orders. 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.
Full compensation for work involved in compaction test shall be considered as included in the unit prices paid for the various bid items for aggregate base and asphalt concrete of these items and no separate payment shall be made therefor.
MATERIALS
PORTLAND CEMENT CONCRETE
Concrete shall conform to the provisions in Section 73 “Concrete Curbs and Sidewalks” of the State Standard Specifications, unless otherwise specified.
Class 2 aggregate base shall conform to the requirements specified elsewhere in these Special Provisions.
The Contractor shall submit reports of tentative concrete mix design and testing including:
1. Slump on which the design is based.
2. Total gal of water per cu yd.
3. Brand, type composition, and quantity of cement.
4. Brand, type, composition, and quantity of fly ash.
5. Specific gravity and gradation of each aggregate.
6. Ratio of fine to total aggregates.
7. Surface-dry weight of each aggregate per cu yd.
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8. Brand, type, ASTM designation, active chemical ingredients and quantity of each admixture.
9. Air content.
10. Compressive strength based on 7 day and 28 day compression tests.
11. Time of initial set. Submit suppliers certified fly ash test reports for each shipment delivered to concrete supplier.
1. Physical and chemical characteristics.
2. Certification of compliance with the specifications.
3. Signed by Contractor and concrete supplier.
Concrete Mix Designs Shall Comply with ASTM C94. The Contractor shall be responsible for all costs associated with the required mix design.
Portland cement concrete shall conform to the provisions in Section 90, "Portland Cement Concrete," of the Standard Specifications and these special provisions.
References to Section 90 2.01, "Portland Cement," of the Standard Specifications shall mean Section 90 2.01, "Cement," of the Standard Specifications.
Mineral admixture shall be combined with cement in conformance with the provisions in Section 90 4.08, "Required Use of Mineral Admixtures," of the Standard Specifications for the concrete materials specified in Section 56 2, "Roadside Signs," of the Standard Specifications.
The requirements of Section 90 4.08, "Required Use of Mineral Admixture," of the Standard Specifications shall not apply to Section 19 3.025C, "Soil Cement Bedding," of the Standard Specifications.
Qualified testing laboratories shall conform to the following requirements:
A. Laboratories performing ASTM Designation: C 1293 shall participate in the Cement and Concrete Reference Laboratory (CCRL) Concrete Proficiency Sample Program and shall have received a score of 3 or better on all tests of the previous 2 sets of concrete samples.
B. Laboratories performing ASTM Designation: C 1260 shall participate in the Cement and Concrete Reference Laboratory (CCRL) Pozzolan Proficiency Sample Program and shall have received a score of 3 or better on the shrinkage and soundness tests of the previous 2 sets of pozzolan samples.
Aggregates on the list shall conform to one of the following requirements:
A. When the aggregate is tested in conformance with the requirements in California Test 554 and ASTM Designation: C 1293, the average expansion at one year shall be less than or equal to 0.040 percent; or
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B. When the aggregate is tested in conformance with the requirements in California Test 554 and ASTM Designation: C 1260, the average of the expansion at 16 days shall be less than or equal to 0.15 percent.
The amounts of cement and mineral admixture used in cementitious material shall be sufficient to satisfy the minimum cementitious material content requirements specified in Section 90 1.01, "Description," or Section 90 4.05, "Optional Use of Chemical Admixtures," of the Standard Specifications and shall conform to the following:
A. The minimum amount of cement shall not be less than 75 percent by mass of the specified minimum cementitious material content.
B. The minimum amount of mineral admixture to be combined with cement shall be determined using one of the following criteria:
1. When the calcium oxide content of a mineral admixture is equal to or less than 2 percent by mass, the amount of mineral admixture shall not be less than 15 percent by mass of the total amount of cementitious material to be used in the mix.
2. When the calcium oxide content of a mineral admixture is greater than 2 percent by mass, and any of the aggregates used are not listed on the approved list as specified in these special provisions, then the amount of mineral admixture shall not be less than 25 percent by mass of the total amount of cementitious material to be used in the mix.
3. When the calcium oxide content of a mineral admixture is greater than 2 percent by mass and the fine and coarse aggregates are listed on the approved list as specified in these special provisions, then the amount of mineral admixture shall not be less than 15 percent by mass of the total amount of cementitious material to be used in the mix.
4. When a mineral admixture that conforms to the provisions for silica fume in Section 90 2.04, "Admixture Materials," of the Standard Specifications is used, the amount of mineral admixture shall not be less than 10 percent by mass of the total amount of cementitious material to be used in the mix.
5. When a mineral admixture that conforms to the provisions for silica fume in Section 90 2.04, "Admixture Materials," of the Standard Specifications is used and the fine and coarse aggregates are listed on the approved list as specified in these special provisions, then the amount of mineral admixture shall not be less than 7 percent by mass of the total amount of cementitious material to be used in the mix.
C. The total amount of mineral admixture shall not exceed 35 percent by mass of the total amount of cementitious material to be used in the mix. Where Section 90 1.01,
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"Description," of the Standard Specifications specifies a maximum cementitious content in kilograms per cubic meter, the total mass of cement and mineral admixture per cubic meter shall not exceed the specified maximum cementitious material content.
INSTALLATION
Reinforcing steel:
Reinforcing steel shall conform to the following:
1. Bars: ASTM A615, Grade 60.
2. Welded wire fabric: ASTM A185 or A497.
3. Bar supports: PS7; CRSI Class B or E, fabricated from galvanized wire or having stainless steel legs.
Detectable Warning Surfaces:
Detectable warning surface shall be in the form of tiles manufactured from a fiberglass reinforced ultra violet stabilized polymer composite. The tiles shall be cast-in-place and replaceable with removable nylon anchors attached with tamper proof stainless steel fasteners.
Detectable warning surface tiles shall conform to the requirements established by the Department of General Services, Division of State Architect and incorporate an in-line pattern of truncated domes measuring nominal 0.2" in height, 0.90" base diameter, and 0.45" top diameter, and spaced center-to-center 2.35" as measured side by side. The field area shall consist of a high density, pyramid micro texture of raised points 0.05" high. Detectable warning surface tiles shall be Armor-Tile or approved equal.
Detectable warning surface tiles color shall be homogeneous throughout the tile. Color shall be:
Federal Yellow (Federal Color No. 33538)
Detectable warning surface tiles shall be configured such that the required area is covered by no more than two tiles to conform to the dimensions as shown on the plans, and as directed by the Engineer. If multiple detectable warning surface tiles are used, joints shall be joined in the curb ramp or as approved by the Engineer.
Detectable warning surface tiles shall conform to the following ASTM specifications:
ASTM D 695 Compressive Strength Not less than 25,000 psi ASTM D 790 Flexural Strength Not less than 30,000
ASTM D 570 Water Absorption 0.05%
ASTM C 1028 Slip Resistance 0.8 wet/dry ASTM E 84 Flame Spread Index <25 ASTM B 117 Salt Spray No Change (300 hours) ASTM 1308 Chemical Stain No Effect ASTM C 501 Abrasion Resistance Lw>500
ASTM G 155 Accelerated Weathering Delta E<5 (2,000 hours) ASTM D 638 Tensile Strength 12,500 psi
AASHTO-H20 Load Bearing at 10,410 lbs. No Cracking, Delamination or Deformation ASTM C 1026 Freeze/Thaw/Heat No Chipping, Cracking or Peeling ASTM D 1037 Accelerated Aging [Freeze/Thaw] No Change in Color, Gloss or Delamination ASTM D 696-03 Linear Thermal Expansion 9.45 x 10 ~7 per degree Fahrenheit
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Detectable warning surface tiles shall be suitably packaged or crated to prevent damage in shipment or handling. Finished surfaces shall be protected by sturdy plastic wrappings to protect tile from concrete residue during installation and tile type shall be identified by part number.
Protective plastic wrapping shall be removed within 24-hours after tiles are installed.
Detectable warning surface installation shall comply with the manufacturer’s recommendations.
Installation of surface applied detectable warning surface shall not be allowed.
Detectable warning surface tiles shall be warranted in writing for a period of five (5) years from date of final completion. The guarantee shall include defective work, breakage, deformation, fading, and loosening of tiles.
The Contractor shall be certified as a truncated dome installer and possess an installation certification from a truncated dome manufacturer that must be approved at the preconstruction meeting with the truncated dome material submittal.
INSTALLATION
The reconstruction and new installation of concrete curb, gutter, sidewalk, driveway, and curb ramp marked in the field or shown on the work order shall conform to the provisions in Section 73 "Concrete Curbs and Sidewalks" of the State Standard Specifications, details A88A, A88B of the State Standard Plans and details ST-1A, ST-1B, ST-1C, ST-1D, and ST-1E.
Boundaries of concrete curb, gutter, sidewalk, and driveway removal are shown approximately on the work orders. The Contractor shall remove and replace concrete to the nearest score joint or expansion joint, unless otherwise directed by the Engineer. Expansion joints, control joints and scoring shall match adjacent existing improvements or shall be as directed by the Engineer.
The new improvements shall match the existing improvements at each end. Provide constant slope between ends if no other elevations are shown on the work orders.
Installation shall conform to the State Standard Specifications and the details shown in the Plans and herein in these special provisions.
A 12 inch wide strip of asphalt pavement shall be neatly sawcut and removed at the lip of gutter of the proposed curb and gutter to allow room for formwork. After the formwork is removed, the area shall be repaved with a 6 inch deep lift of asphalt concrete.
Restoration and modification of traffic signal post bases shall adhere to the requirements of the Standard Specifications.
MEASUREMENT AND PAYMENT
Remove and Replace Concrete Curb Ramp (all types)
“Remove and Replace Concrete Curb Ramp (all types)” shall be paid at the contract unit prices per square foot performed and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals required for doing all the work involved, including sawcutting, demolishing, removing the existing concrete sidewalk, curb ramp, truncated domes and base, tree protection measures (if applicable by licensed certified arborist) , root pruning , debris disposal,
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debris disposal, utility adjustment, relocation and coordination, preparing the subgrade, material testing, landscape restoration, sidewalk conform, furnishing and compacting the aggregate base, protecting and incorporating existing pipe drains into the new works, doweling into the existing concrete, furnishing, placing and finishing concrete, cast-in-place truncated domes, and placing curing compound as specified herein, as shown on the Work Orders, as specified in the Standard Specification and these Special Provisions, and as directed by t he Engineer and no additional compensation will be allowed therefor.
Remove and Replace Concrete Sidewalk including incidentals "Remove and Replace Concrete Sidewalk including incidentals” shall be paid at the contract unit prices per square foot performed and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals required for doing all the work involved, including sawcutting, demolishing, remov ing the existing concrete sidewalk and base , tree protection measures (if applicable by licensed certified arborist) , root pruning , debris disposal, utility adjustment, relocation and coordination, preparing the subgrade, landscape restoration, material testing, furnishing and compacting the aggregate base, protecting and incorporating existing pipe drains into the new works, doweling into the existing concrete, furnishing, placing and finishing concrete, and placing curing compound as specified herein, as shown o n the Work Orders, as specified in the Standard Specification and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.
Remove and Replace Concrete Vertical Curb and Curb & Gutter including incidentals "Remove and Replace Concrete Vertical Curb and Curb & Gutter including incidentals ” shall be paid at the contract unit prices per linear foot performed and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals required for doing all the work involved, including sawcutting, demolishing, and removing the existing concrete curb, gutter and base and/or other material, removal of asphalt concrete up to 12 inch from gutter of curb (when gutter is not present), tree protection measures (if applicable by licensed certified arborist) , root pruning, utility relocation and coordination, debris disposal, protecting and incorporating new/existing pipe drains into the new work, preparing the subgrade, landscape restoration, furnishing and compacting the aggregate base, pipe drain, doweling into the existing concrete, material testing, furnishing, placing and finishing concrete, placing curing compound, 6 inch min deep full depth asphalt concrete, as specified herein, as shown on the Work Orders, as specified in the Standard Specification and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.
Remove and Replace Concrete Residential Driveway including incidentals "Remove and Replace Concrete Residential Driveway including incidentals ” shall be paid at the contract unit prices per square foot performed and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals required for doing all the work involved, including sawcutting, demolishing, remov ing the existing concrete sidewalk and base , tree protection measures (if applicable by licensed certified arborist), root pruning, utility adjustment, relocation and coordination , debris disposal, preparing the subgrade, landscape restoration, material testing, furnishing and compacting the aggregate base, protecting and incorporating existing pipe drains into the new works, doweling into the existing concrete, furnishing, placing
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and finishing concrete, and placing curing compound as specified herein, as shown on the Work Orders, as specified in the Standard Specification and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.
Remove and Replace Concrete Commercial Driveway including incidentals "Remove and Replace Concrete Commercial Driveway including incidentals” shall be paid at the contract unit prices per square foot performed and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals required for doing all the work involved, including sawcutting, demolishing, remov ing the existing concrete sidewalk and base , tree protection measures (if applicable by licensed certified arborist), root pruning, utility adjustment, relocation and coordination, debris disposal, preparing the subgrade, landscape restoration, tree, material testing, furnishing and compacting the aggregate base, protecting and incorporating existing pipe drains into the new works, doweling into the existing concrete, furnishing, placing and finishing concrete, and placing curing compound as specified herein, as shown on the Work Orders, as specified in the Standard Specification and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.
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SECTION SP-23 – ASPHALT CONCRETE
HOT MIX ASPHALT CONCRETE
GENERAL
Work to be performed under this Section covers all labor, materials, tools, equipment, transportation, and incidentals necessary to construct HMA including base repairs and trenches. This work includes producing and placing hot mix asphalt (HMA) leveling and surface course using the Method Process as indicated herein. All such work shall conform to the applicable provisions of the State of California, Department of Transportation, Standard Specifications (Caltrans) 2022 Edition; these Technical Provisions; and the work orders.
Sections 39 “Asphalt Concrete” of the Caltrans Standard Specifications 2022 edition is applicable to the hot mix asphalt for this project with the exceptions indicated hereafter. Section 39 of the Caltrans Standard Specifications 2018 Edition will not be applicable to the hot mix asphalt for this project.
Full compensation for hot mix asphalt concrete pavement restoration improvements related to curb ramps, curb, gutters shall be paid in various bid items.
MATERIALS
Mix Types:
The HMA for this project shall be 1/2 inch Type A HMA. Submit Job Mix Formula (JMF) for each mix using CEM 3511, CEM 3512 and CEM 3513.
Asphalt Binder:
The grade of asphalt shall be PG 64-10.
Tack Coat:
Tack coat shall be utilized and will be emulsified asphalt Grade RS-1, RS-1h, SS-1, or SS-1h and shall conform to Section 94, ‘Asphaltic Emulsions’, of the Standard Specifications.
Delivery Tickets:
Each delivery ticket shall include information on the material type, binder type, oil content, and the mix design number. Material delivered to the project without such annotations shall be subject to rejection.
Sampling:
The Engineer may sample the asphalt concrete from truck beds at the plant, from the hopper of the spreading machine, or from the completed mat at the discretion of the Engineer. The Contractor shall facilitate the sampling process.
CONSTRUCTION
Surface Preparation:
The work shall consist of preparing the existing street surfaces prior to the commencement of paving.
Such work shall include removing raised pavement markers, removing thermoplastic traffic markings and legends, controlling nuisance water, sweeping, watering, and removing loose and broken asphalt
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concrete pavement and foreign material as specified in the Standard Specifications and these Technical Provisions, and as directed by the Engineer.
Layout:
The contractor shall layout and mark the location of the edges of the paving passes of the surface course to match the new layout of the lane lines. The layout shall be made at least 24 hours prior to paving. The layout shall be approved by the Engineer prior to paving.
If the striping is to remain unchanged, the edges of the paving passes shall conform to existing lane edges.
In all cases where practical, each lane shall be paved in a single pass. In tapered transition areas, the shoulder areas shall be paved first, then the through lane shall be hotlapped immediately after the shoulder paving.
For paving which incorporates new quarterpoints or gradebreaks due to keycuts or other conditions, the contractor shall provide equipment capable of adjusting to the new surface profile at the appropriate locations. The profile adjustments shall be within twelve inches of the actual quarterpoint or gradebreak.
The Contractor shall take sufficient measurements during laydown to assure that the full design asphalt concrete layer depth is provided at each quarterpoint, gradebreak, and transition. Failure to provide the design depth at these areas will result in rejection of the work. Correction of this rejected work will include cold planing out the new asphalt concrete from the road edge to the centerline or nearest inside lane line and repaving. The minimum length of the milled and corrected area shall be fifty feet.
Cold Joints:
All cold joints, both longitudinal and transverse, shall be heated with a torch immediately prior to placing take coat and paving. Cold joints include previous passes placed more than three hours prior.
All cold joints shall be tack coated.
Vertical Joints:
Do not leave a vertical joint more than 0.15 foot high between adjacent lanes open to public traffic.
Tolerances:
The finished asphalt concrete surface shall be flush with, to 1/4 inch (0.02 feet or 6 mm) above, the gutter lips. The finished pavement surface shall not be lower than the gutter lips.
The average pavement thickness shall be equal to the specified thickness for the project. For total pavement thicknesses of less than four inches, the minimum allowable thickness will be 1/4 inch less than that specified. For total pavement thicknesses of four inches or more, the minimum allowable thickness will be 1/2 inch less than that specified.
Rolling and Compaction – Surface Course:
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Rolling shall be performed as indicated in the referenced Caltrans specifications for “Method” placement except that a pneumatic tired roller shall not be used. The rolling shall be completed by 250°F.
The Contractor shall have hand-compaction equipment immediately available to compact all areas inaccessible to rollers. Hand-compaction shall be performed concurrently with breakdown rolling. If for any reason hand-compaction falls behind breakdown rolling, further placement of asphalt concrete shall be suspended until hand-compaction is caught up. Hand-compaction includes vibra- plates and hand tampers. Hand torches shall be available for rework of areas which have cooled.
After compaction, the surface texture of all hand work areas shall match the surface texture of the machine placed mat. Any course or segregated areas shall be corrected immediately upon discovery.
Failure to immediately address these areas shall cause suspension of asphalt concrete placement until the areas are satisfactorily addressed, unless otherwise allowed by the Engineer.
Rolling and Compaction – Trench Paving:
The standard process shall apply to permanent trench paving. Density tests shall be taken randomly within each 100 foot of trench paving on each lift. If density determination fails by nuclear methods, then core density/nuclear gauge correlation and/or core densities shall be used to establish density.
The contractor shall obtain the cores and deliver them to the Engineer. The Engineer shall test the cores within the 48 hours of taking possession of the cores. The table "Reduced Payment Factors for Percent of Maximum Theoretical Density" indicated in Section 39-2.01A of the Caltrans Standard Specifications shall apply to individual density test locations in the trench.
Temperature:
For placement of the Maintenance Overlay, both the pavement temperature and the ambient air temperature must be 60°F or higher.
MEASUREMENTS AND PAYMENT
Full compensation for hot mix asphalt (HMA) shall be considered as included in the contract prices paid for bid items of work involved and no additional compensation will be allowed therefor.
ASPHALT CONCRETE GRINDING
GENERAL
The Work covered by this section includes grinding of the existing pavement with various thicknesses. Work shall be in conformance with Section 39-3.04, “Cold Planing Asphalt Concrete,” of the 2022 Caltrans Specifications.
Work may include, but is not limited to, wedge grinding, conform grinding, mill and fill, removal of asphalt concrete on top of the gutter pan, and grinding sections of AC at humps causing drainage issues, as shown on the work orders and as directed by the Engineer to accommodate actual field conditions.
MATERIALS
The asphalt concrete grinding machine shall have a cutter head at least 6 feet in width and have automatic controls that accurately establish or maintain existing profile grades at each edge of the cutter by referencing from the existing pavement or an independent grade reference. The planing
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machine shall be operated in such a way so as not to produce smoke or fumes.
The cold planing machine shall be capable of planing the pavement without requiring the use of a heating device to soften the pavement during or prior to the planing operation.
CONSTRUCTION
Preparation:
Pavement to be cold planed may contain pavement fabric. No pavement borings were performed or tested . The assumption that fabric is present or not shall be at the sole risk of the Contractor.
There shall be no adjustment in compensation to the Contractor for cold planing asphalt concrete pavement that contains pavement fabric.
Cold plane existing asphalt paving to a minimum depth that results in a new HMA pavement section which is minimum thickness as shown on the Drawings. Contractor shall make a sawcut after cold planing at the conform edges to allow for a minimum 2-inch vertical surface at the conforms.
Cold Milling And Area Grinding Asphalt Concrete Pavement:
The outside lines of the planed area shall be neat and uniform. The roadway surface to remain in place shall not be damaged in any way. The Contractor shall replace the teeth on the planing machine when necessary in order to provide a final cut with uniform grooves and ridges. The final cut shall result in a uniform surface and meet the approval of the Engineer.
Contractor shall place and maintain warning signs and temporary AC “ramps” at all pedestrian and vehicular crossings over the entire length of grinding. HMA for temporary tapers must be of the same quality that is used for the HMA overlay.
It is the Contractor’s responsibility to ascertain the location of, and avoid damage to, all manholes, water valves, gas valves, survey monument covers and adjacent concrete improvements. Traffic loop detectors and home runs shall be protected unless called for replacement on the plans or otherwise directed by the Engineer. Contractor shall notify the Engineer a minimum of one (1) week prior to beginning work near the loops. All improvements damaged by the grinding operation shall be replaced at the Contractor’s expense.
The material ground from the roadway surface, including material deposited in existing gutters or on the adjacent travel way, shall be immediately removed from the work site and disposed of in a legal and proper manner. The planer shall pick up the material as it progresses, or a removal crew shall follow within 50 feet of the grinding operations to pick up the material.
The Contractor shall be responsible for maintaining the street in a clean condition during the course of the cold planing or grinding operations using a vacuum sweeper.
No longitudinal drop-off of more than 0.15 foot will be allowed at any time between any adjacent lanes open to public traffic at the end of the working period. When allowed by the Engineer, the Contractor may cold plane the final longitudinal pass between adjacent travel lanes such that a minimum 30:1 slope is maintained between the cold planed surface and the adjacent existing pavement grade when opened to public traffic. There shall be no adjustment in compensation to the Contractor for making additional passes or to comply with this requirement.
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If a drop-off between the existing pavement at conform lines and driveways (businesses, schools, offices, commercial, residential, etc.), and the planed areas at transverse joints cannot be avoided before opening to traffic, construct a temporary HMA taper. The HMA temporary taper must be:
1. Placed to the level of existing pavement and tapered on a slope of 30:1 (horizontal:
vertical) or flatter to the level of the planed areas.
2. Compacted by any method that will produce a smooth riding surface.
Where When the existing pavement surface adjacent to any frames, covers, grates, manholes, or driveways is removed by cold planing, and the top layer of asphalt concrete is not placed during the same working period, the Contractor shall place temporary tapers around each frame, cover, grate, manhole, or driveways prior to opening the area to any public traffic. Temporary asphalt concrete tapers shall be ramped on a slope of 30:1 or flatter from the level of the planed surface to the top of the facility cover. Material for temporary tapers shall be commercial quality (hot mix) asphalt concrete. A commercial grade roofing paper or other suitable material shall be placed beneath the temporary ramps and tapers. Temporary asphalt concrete tapers shall be completely removed before placing the permanent surfacing.
Temporary ramps and tapers shall remain in place no longer than seven (7) calendar days. Material for temporary ramps and tapers shall be commercial quality (hot mix) asphalt concrete and may be spread and compacted by any method that will produce a smooth riding surface. A commercial grade roofing paper or other suitable material shall be placed beneath the temporary ramps and tapers.
Temporary asphalt concrete ramps shall be completely removed before placing the permanent surfacing. The removed ramp materials shall be disposed of outside the highway right-of-way in accordance with the provisions of Section 7-1.13, "Disposal of Material Outside the Highway Right- of-Way" of the State Standard Specifications.
The asphalt concrete inlay/overlay operation shall start no later than seven (7) calendar days after the start of planing.
All existing pavement shall be trimmed as required to provide a smooth face to abut the new pavement. The ground areas shall be smooth, and have a dry and properly prepared surface prior to the start of paving operations. It shall be free from all loose screening and other loose or foreign material.
Contractor shall notify Engineer (in writing) at least forty-eight (48) hours prior to grinding. Work shall not proceed until Engineer has approved grinding schedule.
The Existing pavement section information from pavement cores at various locations are shown on the plans, however the pavement section may vary between coring locations. If the subgrade material is being removed by the cold plane equipment then the Contractor will adjust the depth of removal to just remove the asphalt concrete pavement. There shall be no adjustment in compensation to the Contractor for adjusting cold planing depth.
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Requirements:
Care shall be taken to avoid damage to adjacent improvements. All damage shall be repaired by Contractor.
Contractor shall place and maintain warning signs and temporary AC patch material to serve as “ramps” at all pedestrian and vehicular crossings over grind area.
All material removed by grinding shall be cleaned up and legally disposed of outside of the City limits, unless directed otherwise by the Engineer. Recycling of the material is encouraged in compliance with the City recycling ordinance, described in the Special Provisions of these specifications.
Remove and Replace Asphalt Concrete (6 inch min depth)
" Remove and Replace Asphalt Concrete (6 inch min depth)” shall be paid at the contract unit price per ton for these items shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals required for doing all the work involved, including sawcutting, demolishing, grinding, T-cuts, root pruning, debris disposal, utility adjustment, relocation and coordination, preparing the subgrade, furnishing, compacting aggregate base and asphalt concrete, constructing, maintaining, removing, and disposing of temporary asphalt concrete tapers, material testing, replacement of striping and for performing all the work involved as shown on the Work Orders, as specified in the Standard Specification and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.
Section SP-24 – Aggregate Base
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SECTION SP-24 – AGGREGATE BASE
GENERAL
The work covered by this section shall consist of furnishing, spreading and compacting aggregate base required during utility operations, pavement works, and concrete works, in accordance with the provisions of Standard Specifications Section 26, "Aggregate Bases", and as specified herein.
MATERIALS
Class II Aggregate Base
Class II Aggregate Base shall be ¾” maximum, shall be placed and compacted conforming to the provisions in Section 26, “Aggregate Bases” of the Standard Specifications.
COMPACTION AND TOLERANCE
95% minimum relative compaction as shown on the work orders and as determined by State of California compaction test No. 216G. The finished surface of the base course shall meet the grade and cross section of the existing pavement. Grading tolerance shall be 0.02' or less.
TESTING
The contractor is required to 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 Work Orders. 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. All compaction test results has be submitted to City or Construction manager for review and approval.
Full compensation for work involved in compaction test shall be considered as included in the unit prices paid for the various bid items for aggregate base and asphalt concrete of these items and no separate payment shall be made therefor.
PAYMENT
Full compensation for aggregate base, including procuring, placing, treating (e.g. herbicide treatment), and compacting Class 2 aggregate base in work orders where in accordance with City Standard of paving, sidewalk, curb, gutter, driveways and/or other areas, shall be considered as included in the items of work involved and no additional compensation will be allowed therefor.
Section SP-25 – Traffic Striping And Pavement Markings
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SECTION SP-25 – TRAFFIC STRIPING AND PAVEMENT MARKINGS
GENERAL
The Contractor shall furnish and apply traffic stripes, characters, arrows, pavement markers, painted curbs and other delineations and markings. These shall be reapplied in the original pattern on all roads in-kind, as specified herein, or as directed by the Engineer. Contractor shall install traffic striping and markers in accordance with Sections 81-3 and 84, “Pavement Markers” and “Markings”.
All pavement legends and traffic striping shall be applied in thermoplastic unless otherwise noted.
MATERIALS
Pavement Delineation- Thermoplastic:
Thermoplastic material shall be TMT-Pathway ‘Duraline’ hydrocarbon thin mil sprayable thermoplastic traffic marking material (1031TW & 1032TY meets State of California PTH392B) or City approved equivalent. Placement shall be performed as directed by the manufacturer.
Legends and arrows shall be preformed, thermoplastic pavement markings and shall be Premark 20/20 Flex Plus or a City approved equivalent. Placement shall be performed as directed by the manufacturer.
Pavement Delineation- Pavement Markers:
Raised and reflective pavement markers shall comply with Section 81-3 of the Standard Specifications. The specific type to be used shall be consistent with the type generally in use within the local jurisdiction unless directed otherwise by the Engineer.
Preformed Thermoplastic Bike Lane Green Pavement:
Use:
A durable, high skid and slip resistant pavement marking material suitable for use as, bike lane, roadway, intersection, airport, commercial or private pavement delineation and markings. For use on asphalt or portland cement concrete pavement surfaces.
The material shall be a resilient light green color thermoplastic product containing a minimum thirty percent (30%) intermix of 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).
The material shall be resistant to the detrimental effects of motor fuels, antifreeze, lubricants, hydraulic fluids etc.
The material shall be capable of being affixed to bituminous and/or Portland cement concrete pavements by the use of the normal heat of a propane torch, infrared heater, or a blue radiant heater.
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The material shall be capable of conforming to pavement contours, breaks and faults through the action of traffic at normal pavement temperatures (i.e. without preheating the application surface to a specific temperature). The markings shall have resealing characteristics, such that it is capable of fusing with itself and previously applied thermoplastic.
The material shall not have minimum ambient and road temperature requirements for normal application, storage, or handling. When manufacturer’s standard application procedures require the use of a 2-component sealer, the material shall be capable of being applied with a compatible 2- component sealer recommended by the manufacturer, at minimum ambient and surface temperatures of 45⁰F without any special storage, preheating or treatment of the material before application.
The material shall contain heating indicators evenly distributed on the surface that shall act as visual cues during both the application process and post-application.
Manufacturing Control and ISO Certification:
The manufacturer must be ISO 9001:2008 certified for design, development and manufacturing and provide proof of current certification. The scope of the certification shall include the design, development, and manufacture of preformed thermoplastic reflective highway markings.
Material:
Must be composed of an ester modified rosin resistant to degradation by motor fuels, antifreeze, lubricants, etc. in conjunction with aggregates, pigments, binders, abrasives, and anti-skid/anti-slip elements (uniformly distributed throughout the material) which have been factory produced as a finished product, and meets the requirements of the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways. The thermoplastic material conforms to AASHTO designation M249-79 (98), with the exception of the relevant differences due to the material being supplied in a preformed state.
Pigment: 3.2.2. Light Green: The material shall be manufactured with appropriate pigment to ensure that the resulting colors complies with the Light Green color as specified in the FHWA Memorandum dated April 15th, 2011: Interim Approval for Optional Use of Green Colored Pavement for Bike Lanes (IA-14).
Daytime chromaticity coordinates for the color used for green colored pavement shall be as follows:
1 2 3 4
X Y X Y X Y X Y
0.230 0.754 0.266 0.500 0.367 0.500 0.444 0.555
Nighttime chromaticity coordinates for the color used for green colored pavement shall be as follows:
1 2 3 4
X Y X Y X Y X Y
0.230 0.754 0.266 0.500 0.367 0.500 0.444 0.555
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The pigments shall contain no lead chromate nor heavy metals or 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. The closing of these indents during application, shall act as a visual cue that the material has reached a molten state allowing for satisfactory adhesion and proper bead embedment, and as a post-application visual cue that the application procedures have been followed.
Skid Resistance: The surface of the preformed thermoplastic marking materials shall contain factory applied elements 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 marking materials shall contain factory applied anti-skid elements with a minimum hardness of 8 (Mohs scale). Upon application, the material shall provide a minimum static coefficient of friction 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 90 mils (2.29 mm).
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.
Application:
Asphalt: The material shall be capable of being applied using the propane torch method recommended by the manufacturer, without minimum requirements for ambient and road temperatures down to 45°F, and without any preheating of the pavement to a specified temperature.
The material shall be capable of being applied without the use of a thermometer. The pavement shall be clean, dry and free of debris. Supplier must enclose application instructions with each box/package.
Portland Concrete: The same application procedure shall be used as described under Section 4.1, however, a compatible primer sealer, recommended by the manufacturer, shall be applied to the surface prior to the application of material to ensure proper adhesion.
Packaging:
The preformed thermoplastic markings shall be placed in protective plastic film with cardboard stiffeners where necessary to prevent damage in transit. Linear material must be cut to a maximum of 3' long pieces.
Legends and symbols must also be supplied in flat pieces. The cartons in which packed shall be non- returnable and shall not exceed 40" in length and 25" in width, and be labeled for ease of identification. The weight of the individual carton must not exceed fifty (50) pounds. A protective film around the box must be applied in order to protect the material from rain or premature aging.
Technical services:
The successful bidder shall provide technical services as required.
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Performance:
The preformed thermoplastic markings shall meet state specifications and be approved for use by the appropriate state agency.
A sample of the green bike lane pavement marking material that shows the color when dry (not a color chip) must be provided to the City for review and written approval at least seven (7) calendar days prior to ordering materials or installing any green markings.
PAINTED CURBS
Paint shall comply with Section 78-4 “Miscellaneous Coatings” of the Standard Specifications and be as shown on the work orders and directed by the Engineer or Construction Manager.
Payment for replacement of painted address number at curb removed due to improvements shall be included in the price paid for other items and no separate payment shall be made therefor.
CONSTRUCTION
All construction shall conform to the respective provisions of the Standard Specifications, manufacturer’s installation requirements, and these Special Provisions.
Existing Striping and Markings:
In areas adjacent to the reconstructed surfacing where existing striping must be changed to conform to a revised striping pattern, conflicting striping shall be removed by grinding or other methods as specified in the Standard Specifications or by the Engineer.
The Contractor shall replace all striping which has been damaged or obliterated by or during the work. This shall include striping replacement completely across the street even in the event that the Contractor’s work may not extend that far. Both lines of each crosswalk shall be completely repainted even if only a portion of a line has been obliterated.
When the Contractor’s work removes or reduces the visual appearance of a lane or center line, the Contractor shall replace all striping between the adjacent intersections in both directions.
Where a median exists, this work will be required only in the roadway where the work has occurred, unless a detour which altered the pavement markings occurred in the other roadway. In such cases, the striping will be replaced in both directions.
Layout for Temporary and Permanent Striping:
The alignment and layout of traffic stripes shall conform to Section 84 “Markings” of the Standard Specifications.
The Contractor shall perform all tie downs, layout, alignment, and spotting. The City Engineer or acting Agent shall review and approve striping layout prior to final striping. City will be allotted 5 days for review after layout is done.
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The Contractor shall physically tie down the location of the beginning and ending of each paint or thermoplastic marking type in the adjacent curb top. The marking location shall not exceed fifty square inches each. Any locations exceeding this limit shall be removed by the Contractor prior to acceptance of the work. The Contractor shall contact the City Traffic Division for review of tie downs.
The Contractor shall be responsible for accurately referencing out and replacing the lines and positions of all traffic lines, directional lines, arrows, and other markings in accordance with the work orders and City standard markings by cat tracking with painted marks. This shall occur no later than two hours behind the final surface course paving operation.
Cat tracking shall consist of stretching a rope on a straight line between control points on tangent alignment and on a true arc through control points on curved alignment and placing spots of paint along the rope. Temporary tab markers shall be placed not more than twelve feet apart on curves nor more than twenty-four feet apart on straight segments.
Temporary tab markers shall be the same color as the traffic stripe that they are replacing, shall measure two inches tall by 3-1/2 inches wide, and have a reflective lens across the width of the marker.
Prior to application of permanent striping and markers, the Contractor shall call for review and approval of the proposed striping by the City Engineer or agent. The City shall have the right to make changes in the location and alignment of line stripes. Striping and traffic markings shall not be applied until approval is granted by the City Engineer or acting Agent. The Contractor shall allow a minimum of five working days for review of the layout by the City. Any remaining temporary striping and markers shall be removed after permanent striping is installed.
Schedule:
Raised pavement markers (RPM’s) shall be placed as specified in Section 81-3 “Pavement Markers” of the Standard Specifications, “Pavement Markers.” Hot melt bitumen adhesive shall be used to cement the markers to the pavement. When utilizing hot melt bituminous adhesive, RPM’s shall be placed after the surface has been open to traffic for at least seven days. The RPM’s shall not be placed more than twenty-one days after paving or surfacing.
Permanent traffic striping and markings including legends and arrows shall be placed between eight (8) and twelve (12) days after paving or surfacing, unless otherwise directed by the Engineer. All permanent striping shall be complete in place by the 13th day after completion of resurfacing work.
Pavement Stencils:
The Contractor shall use stencils which match the following descriptions. The stencils (legends) shall be Federal FHA and the State of California Department of Transportation metric specification and the stencils shall be designed for paint application.
Templates used shall match the following criteria:
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Pavement Stencil Descriptions:
a. Current Federal FHA and State of California Department of Transportation - 8' Letters.
b. Prior to 1988 State of California Department of Transportation - 8' Numbers.
c. Legends conforming to Federal FHA and State of California Department of Transportation.
Reflective and Raised Pavement Markers:
Installation of both reflective and raised pavement markers shall conform to the provisions of Section 81-3 of the Standard Specifications. Pavement markers shall be placed in the same pattern and locations as they were previously, except as shown on the work orders or modified herein.
Replace existing hydrant markers. A single blue marker shall be placed on the new or existing pavement surface. Location of the new marker shall be six (6) inches off of the lane striping nearest to and in line with the existing fire hydrant.
Pavement Delineation-Thermoplastic:
Pavement temperature shall be measured at the beginning of the shift on each working day and this information shall be provided to the Engineer.
No primer or thermoplastic shall be installed within forty-eight hours from the last measurable rain report as provided by the City.
Thermoplastic traffic striping, legends, and arrows shall conform to the provisions of Section 84 “Markers” and Section 81-3 “Pavement Markers” of the Standard Specifications, and these Technical Provisions.
MEASUREMENTS PAYMENT
Full compensation for traffic striping and pavement markings shall be considered as included in the contract prices paid for bid items of work involved and no additional compensation will be allowed therefor.
Section SP-25 – Contaminated Material Handling, Removal And Disposal 153
SECTION SP-26 – CONTAMINATED MATERIAL HANDLING, REMOVAL AND
DISPOSAL
REQUIREMENTS
The Contractor shall furnish all engineering, labor, materials, tools, equipment, and services required for the removal and off-site disposal of all contaminated soil and water encountered during the work.
The Contractor shall handle, remove, and dispose of all contaminated soil and water in accordance with all applicable governmental laws, regulations, and orders, and the requirements of the Contract Documents.
REFERENCE SPECIFICATIONS, CODES AND STANDARDS
Codes: All work shall comply with all codes, as referenced herein
Code of Federal Regulations – Title 40 – Protection of the Environment, Part 761 (40 CFR 761), Subpart D (Storage and Disposal).
Code of Federal Regulations – Title 40 – Protection of the Environment, Part 761, (40CFR 761), Subpart J (Records and Reports).
California Code of Regulations, Title 22, Social Security, Division 4, Environmental Health, Chapter 30 – Minimum Standards for Management of Hazardous and Extremely Hazardous Wastes, Article 4 (Hazardous Waste Facility Permit).
California Code of Regulations, Title 22, Social Security, Division 4, Environmental Health, Chapter 30 – Minimum Standards for Management of Hazardous and Extremely Hazardous Wastes, Article 5 (Hazardous Waste Hauler Registration).
California Code of Regulations, Title 22, Social Security, Division 4, Environmental Health, Chapter 30 – Minimum Standards for Management of Hazardous and Extremely Hazardous Wastes, Article 6 (Requirements for Generators of Hazardous Waste).
California Code of Regulations, Title 22, Social Security, Division 4, Environmental Health, Chapter 30 – Minimum Standards for Management of Hazardous and Extremely Hazardous Wastes, Article
6.5 (Requirements for Transporters of Hazardous Waste).
California Code of Regulations, Title 22, Social Security, Division 4, Environmental Health, Chapter 30 – Minimum Standards for Management of Hazardous and Extremely Hazardous Wastes, Article 7 (Additional Requirements for Management of Extremely Hazardous Waste).
CONTRACTOR SUBMITTALS
Job Plan:
The Contractor shall prepare and submit to the Engineer, for review, a detailed Job Plan describing the proposed methods and procedures for excavating, segregating, testing, and disposing of petroliferous soil or groundwater. The Job Plan shall be submitted to the Engineer no less than fourteen (14) days prior to the start of any excavation work at locations where contaminated soils and ground water is anticipated.
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The Job Plan shall include step-by-step procedures for the actions to be taken in identifying, handling, removing, and disposing of any contaminated soil or groundwater encountered during excavation. The Job Plan shall include a description of monitoring considerations, subcontractor participation, and shall demonstrate conformance to environmental, local, State, and Federal laws and regulations. All required permits, licenses, certificates of disposal, and manifests shall be referenced. The equipment and procedures described in this section are intended to serve as guideline for the Contractor’s use in preparing the Job Plan.
Health and Safety Plan:
At least fourteen (14) days before the start of any excavation at locations where contaminated soils and ground water are anticipated, the Contractor shall prepare and submit to the Engineer, for review, a Health and Safety Plan. The Health and Safety Plan shall be prepared by an industrial hygienist certified by the American Board of Industrial Hygiene and shall include, but not be limited to, training of the Contractor’s personnel, protective equipment, air monitoring, sampling, and emergency procedures.
No excavation will be allowed to commence until the Health and Safety Plan has been returned by the City to the Contactor with the notation: “Resubmittal not required”. The Contractor is referred to Section 5, General, Paragraph 5-1.16, Hazardous Waste in Excavation for additional information.
Manifests:
Copies of hazardous waste transporter licenses, permits, or registrations for all states in which the shipment shall travel.
Permits and Licenses:
The Contractor shall obtain all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, including certification of transport vehicles carrying hazardous material. The National Environmental Quality Act of 1970 (Chapter 1433, STATS. 1970), as amended by Chapter 1154 STATS. 1972, may be applicable to permits, licenses and authorizations which the Contractor shall obtain from local agencies in connection with performing the work of the contract.
The Contractor shall comply with the provisions of said statues in obtaining such permits, licenses and authorizations.
Certified Testing Laboratory:
Contractor shall submit documentation attesting to the certification and QA/QC procedures for the testing laboratory to be used.
All expenses for permits and licenses shall be considered as included in the respective bid items for contaminated materials and no additional compensation will be allowed therefore.
PRODUCTS
Organic Vapor Analyzer:
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Contractor shall furnish a properly calibrated, fully functional organic vapor analyzer (OVA) for use at the site of every excavation or open trench. The OVA shall utilized the principle of hydrogen flame ionizations, shall incorporate a chemically-resistant sampling system, shall provide accurate indication of gas concentration over the range of 0 to 10 parts per million (ppm), shall continuously sample and monitor the ambient atmosphere, shall provide both visible readouts and audible alarms, and shall be outfitted with a recording strip-chart or other permanent recording device.
If the OVA provides more than one (1) monitoring scale, then the monitor shall be set to monitor over the zero (0) to ten (10) ppm range at all times during use.
The audible alarms shall be set to activate at a level equal to ten (10) percent of the lower explosive limit (LEL) for methane.
The organic vapor analyzer shall be a Model OVA 128 Century Organic Vapor Analyzer, as manufactured by the Foxboro Company, Foxboro, Massachusetts, or approved equal.
MONITORING
The Contractor shall calibrate and make available the OVA equipment daily.
The preliminary mode of examination for petroliferous soil and/or groundwater shall be through visual and olfactory means. Upon the first observation of soil or water that may contain petroliferous products, the Contractor shall stop excavation work and immediately notify the Engineer. No excavation of petroliferous soil, nor pumping of petroliferous water, shall proceed without the approval of the Engineer.
Following sensory observation of petroliferous products, the OVA equipment shall be brought to the excavation site and the atmosphere shall be tested. The Contractor’s Job Plan and Health and Safety Plan shall be immediately placed into effect.
Potentially contaminated soil or water shall be segregated and tested by the Contractor, at a certified laboratory approved by the Engineer, to determine the consistency and quantity of petroliferous products. Costs for testing shall be paid by the Contractor. The soil or water shall then be disposed of in accordance with applicable local, State, and Federal law, following the procedures described in the Contractor’s Job Plan and Health and Safety Plan.
CONTAMINATED TRENCH MATERIALS HANDLING AND DISPOSAL
The Contractor shall avoid or minimize excavation in contaminated areas whenever possible.
Excavated trench material that, in the opinion of the Engineer exhibits evidence of petroleum contaminated shall be removed from the site and temporarily stockpiled by the Contractor. The location of the temporary stockpile area must be reviewed by the City. The contaminated trench materials shall be placed on 10 mil polyethylene sheeting to prevent contamination of uncontaminated soils and shall be separated from all uncontaminated trench materials. The temporary stockpiles of contaminated trench materials shall be covered securely with 10 mil polyethylene
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sheeting to limit emissions and prevent rainfall from entering the stockpile. Runoff or drainage from the temporary stockpile shall be prevented from leaving the area and all materials shall be surrounded with 6-foot-high temporary chain-link fence.
The temporary stockpiles of contaminated trench materials shall be sampled and analyzed by a certified testing laboratory, approved by the Engineer, that is retained and paid for by the Contractor.
Results of the laboratory analysis shall be provided by the Engineer within seven (7) calendar days from the date that the material is stockpiled.
Disposal of the contaminated trench materials will depend on the results of the testing program. The Contractor shall dispose of the contaminated material in one of the following two ways with the approval of the Engineer.
Option 1: Thermal Remediation and Disposal
The Contractor shall be responsible for storage, loading, transporting, and loading the contaminated soil to a plant licensed by the State of California to do remediation of the soil contamination.
A certification of Remediation of Contaminated Soils certifying that the contamination has been destroyed and the soil is inert shall be provided by the Contractor to the City. The Certificate shall include a provision holding the City harmless as a result of the thermal remediation work done for the project.
Option 2: Disposal in a Class II Landfill
The Contractor shall be responsible for proper handling, loading, transporting, and unloading the contaminated soil to a Class II Landfill. The disposal site shall be selected by the Contractor subject to City approval.
A manifest or certificate attesting that the contaminated soil has been delivered and accepted by a licensed landfill authorized to accept such contaminated soil shall be provided by the Contractor to the City.
All handling, storing, transporting, treatment, and disposal of contaminated soil and groundwater shall conform with Federal and State environmental regulations, including those of the Regional Water Quality Control Board, Department of Toxic Substance Control, Integrated Waste Management Board, State Air Resources Control Board, and the Bay Area Air Quality Management District. Transport of contaminated material and groundwater shall be performed by appropriately certified and/or licensed personnel.
Two companies that do remediation work are provided below for information purposes only.
The City does not endorse, nor is affiliated with, the following companies:
Phillips Services Corporation – Telephone (925) 244-1803 One Earth Environmental, Inc – Telephone (831) 637-8509
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Upon completion of excavation within the contaminated area and the hauling and disposal of contaminated materials, the Contractor shall clean up the site, including proper removal and disposal of all plastic sheetings, containers, and other materials used.
Any groundwater from trenching activities within the contaminated soil area, as shown on the plan shall be stored in temporary Baker-type storage tanks. The Contractor shall pay for the groundwater to be sampled and analyzed by a certified testing laboratory approved by the Engineer. After testing, Contractor shall dispose of the stored groundwater as directed by the Engineer. If analyzed samples indicate that the groundwater may be discharged into the sewer system, no additional payment will be made to the Contractor. If analyzed samples indicate that the groundwater cannot be discharged into the sewer system, a change order for disposal only, will be negotiated with the Contractor.
Section SP-25 – Tree Protection, Tree Removal,
Root Pruning, Root Removal, And Tree Stump Removal
158
SECTION SP-27 –TREE PROTECTION, TREE REMOVAL, ROOT PRUNING, ROOT
REMOVAL, AND TREE STUMP REMOVAL
Tree Protection, Tree Removal, Root Pruning, Root Removal, And Tree Stump Removal shall consist of removal and disposal of all objectionable material from the project site, including existing weeds, ivy, brush, shrubs, trees, stumps, roots, concrete, masonry, other unsuitable material, and obstructions interfering with the new construction. The limits of tree protection, tree removal, root pruning, root removal, and tree stump removal shall be of sufficient area and depth to complete the work as shown on the work orders. Tree protection, tree removal, root pruning, root removal, and tree stump removal shall conform to Section 17-2, “Clearing and Grubbing” of the Standard Specifications. Tree protection, tree removal, root pruning, root removal, and tree stump removal shall include limb, trunk, and root protection and tree and root pruning.
A permit application form must be completed by the contractor for City owned trees requiring pruning or removal. Contractor shall notify and negotiate with the affected resident and neighborhood at least 30 days prior to the tree removal.
Tree protection, tree removal, root pruning, root removal, and tree stump removal must be performed in advance of any other construction operations. The area to be cleared and grubbed must be within the work construction area. Shrubs and hedges shall be designated for removal in the work orders or as directed by the Engineer. Existing landscaping and trees which are to remain in place must be protected from injury or damage. Existing trees must be protected with a temporary fence around the drip line, edge of the tree well or planting strip, or adhere to the requirements set forth in the “Tree and Root Protection and Root Pruning” section. Unless otherwise specified, the Contractor shall protect trees at the Contractor’s expense.
Unless otherwise specified, all materials as shown on the work order to be removed, or as field marked and as directed by the Engineer to be removed shall be disposed of outside the project limits. Residue from cutting operations shall not be permitted to flow into storm drains or across lanes occupied by traffic and shall be removed from the pavement surface, concurrent with the cutting operation. The work area shall be left with a neat and finished appearance.
The Contractor shall not store or permit debris to accumulate on site. If the Contractor fails to remove excess debris promptly, the City reserves the right to cause removal at the Contractor’s expense.
TREE AND ROOT PROTECTION AND ROOT PRUNING
General
The Contractor is required to notify the construction manager to request for a licensed certified arborist to perform assessments for root pruning and tree removal.
Care shall be taken when working near all trees, public or private. For all phases of the work, the Contractor is responsible for protecting trees, and the ‘Damages’ section of this contract will be enforced for any trees judged damaged by the City. Contractor will inform the Contractor’s licensed certified arborist and the Engineer of the schedule for when the roots are expected to be exposed. Should tree or
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Root Pruning, Root Removal, And Tree Stump Removal
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root pruning be required to construct the improvements shown on the work order, as specified in these Special Provisions, and as directed by the Engineer. The Contractor shall notify the Engineer and contact the licensed certified Arborist or Urban Forestry Representative at least 2 business days in advance of tree or root pruning. The licensed certified arborist will inspect each site to approve the necessary root pruning, or work with the Engineer to modify the work to accommodate the tree roots. The licensed certified arborist will use white, chalk-based paint to indicate which roots may be pruned and where root pruning is prohibited. Root pruning must adhere to the directions of the licensed certified arborist. All root pruning shall be performed by the contractor in accordance with all requirements outlined in bid item “Tree protection, tree removal, root pruning, root removal, and tree stump removal.”
In the event that root pruning would compromise the structural stability of the tree, the tree will be removed. Trees may also be removed based on their condition or location. Tree Removal will be decided by the licensed certified arborist. Tree removal will be coordinated by the Contractor and scheduled in conjunction with the Contractor’s licensed certified arborist and the Engineer.
Underground Service Alert (USA) of Northern/Central California and Nevada a. The Contractor will contact USA North 811 Call Before You Dig in accordance with all applicable requirements.
b. The Contractor will notify USA North that there will be root grinding and root removal in addition to the sidewalk removal.
c. The Contractor will ensure that the utility location marks are offset so that they are placed on a permanent surface that will not be removed. Offset marks locate the utility by showing the orientation of the utility and the distance from the marks to the utility.
Limb and Trunk Protection
This applies when trees are not surrounded by protective fencing. Trees situated in a tree well or sidewalk planting strip shall have the trunk protected by wrapping it with straw tubes (wattle) or vertical wood slats (ex. 2x4), up to a minimum of 8 feet from grade. Wooden slats shall be angled to protect the root flare at the base of the tree and bound securely on the outside. Closed cell foam or an equivalent material shall be used to protect the trunk of the tree where it contacts the slats. Lateral branches below 8 feet shall also be protected. Contractor shall keep deleterious materials associated with project construction from contacting any part of the trees or being placed or stored in the tree well or planting strip.
Root Protection and Preparation for Root Pruning
a. Existing hardscape shall be removed in a manner that prevents any machinery, such as a backhoe, Bobcat, mini-excavator, or any driven machinery used to remove concrete or asphalt from traveling over the exposed root zone.
b. Contractor shall make every attempt to not scrape, skin, or pull-on roots. Hand excavation around roots may be required.
c. Where roots must be pruned, the area shall be excavated down to the depth required for the improvements prior to the Urban Forestry Representative inspecting the site; and all rock, concrete or other loose material shall be removed.
d. No roots shall be torn or pulled using any other tools or machinery unless already severed on each end by one of the approved pruning tools.
Section SP-25 – Tree Protection, Tree Removal,
Root Pruning, Root Removal, And Tree Stump Removal
160
e. Exposed roots shall be covered with soil, mulch, or wet burlap if they will be exposed for more than 48 hours without measurable precipitation.
Root Pruning Requirements
a. All pruning of roots shall be performed using a stump/root cutting machine, saw, axe, or any other sharp blade tool; resulting in a flat surface with the adjacent bark firmly attached.
b. Roots 2 inches in diameter or greater shall be pruned by the contractor in accordance with these provisions.
c. Roots smaller than 2 inches in diameter shall be pruned by the Contractor in accordance with these provisions, with the exception of contacting the Urban Forestry Representative.
d. Large roots may be shaved to a depth of no more than one-third of their thickness, or as approved by the City’s Urban Forestry Representative.
e. At no time will any root pruning cut into the root flare as defined by the City Arborist.
All debris resulting from root pruning shall be removed by the Contractor.
Damages
Contractor shall make every effort to avoid damaging any City owned property, including (roots, trunk and canopy of) City maintained trees. If damages to trees are found to be as part of Contractor negligence, Contractor shall be responsible for damages as follows:
Contractor will provide full reparation to include: removal of irreparable tree and replacement with similar approved species. For every protected tree deemed by the licensed certified arborist to be removed due to damages caused by the Contractor, the Contractor shall plant two (2) new trees at the Contractor’s with the City’s directions at the contractor’s sole expense. No additional compensation shall be allowed therefor. Contractor will perform this work themselves (at Contractor’s expense) under supervision of the Construction Manager’s licensed certified Arborist, Contractor will reimburse City for City expenses incurred in the related reparation work, consisting of but not limited to, site inspections, corrective pruning, tree removal, and tree replacement.
Tree Removal
Tree removal shall conform to Section 17-2, “Clearing and Grubbing” of the Standard Specifications, “Tree Protection, Tree Removal, Root Pruning, Root Removal, And Tree Stump Removal” of the General Provisions, these Technical Provisions, as shown on the work order, and as directed by the Engineer. Tree designated for removal in the work orders or as directed by the Engineer shall be removed in its entirety along with the stump and roots greater than 1-inch in diameter to a minimum of twenty four (24) inches below finish grade. The resultant void shall be backfilled with clean material free of organics and deleterious material, and compacted to 95% relative compaction.
MEASUREMENT AND PAYMENT
Remove Tree, Stump, Roots and Dispose of Debris
"Remove Tree, Stump, Roots and Dispose of Debris " shall be paid at the contract unit prices per each and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in tree removal, stump removal, roots removal to a 2 foot depth, hauling, recycling, clean up, clearing and grubbing, landscape restoration, including
Section SP-25 – Tree Protection, Tree Removal,
Root Pruning, Root Removal, And Tree Stump Removal
161
removal and disposal of all resulting material and backfill, as required to facilitate access and perform the work as shown in the Work Orders, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor. This item is revocable if no tre e/stump/root removal, clearing and grubbing is required.
Full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work involved in implementing tree protection measures, and root pruning shall be considered as included in the prices paid for the various items of work unless otherwise defined in these Specifications and no additional compensation will be allowed therefor.
Section SP-28 – Adjust Utility Frames, Covers And Grates 162
SECTION SP-28 – ADJUST UTILITY FRAMES, COVERS AND GRATES
GENERAL
Frames and covers and frames and grates of existing manholes, valves, inlets, monuments, or other facilities shall be adjusted to grade in accordance with the provisions in Section 71-5.013B “Frames, Covers, Grates and Manholes” of the Standard Specifications.
If existing materials are in good condition, they may be reused subject to the Engineer's approval.
Debris protection shall be provided by installing cover plates or other acceptable methods approved by the Engineer, for keeping debris or foreign material from entering the system.
If any debris or foreign materials enter the system due to the Contractor's operations, the Contractor shall remove all the debris and foreign materials to the satisfaction of the Engineer. If the Contractor fails to do so, the City maintenance Staff will clean the system and charge the Contractor for the cost incurred.
Water Valves/boxes shall be lowered and raised in accordance with East Bay Municipal Utility District standards and as shown on the work orders. See SP-19 “Existing Facilities” for additional requirements associated with East Bay Municipal Utility District valve boxes/cans.
Adjusting existing manholes to grade shall include adjusting cone sections as necessary.
Adjusting existing valve boxes to grade shall include extension of valve stems.
Prior to any work on the sewer manholes, the Contractor shall install false bottoms in the manholes impacted by the work. Upon completion of the work the false bottoms shall be removed.
Except as approved by the Engineer, Contractor shall protect utility iron to be raised to grade while concrete collars are curing and keep traffic off of raised facilities for 48 hours or until concrete has reached a minimum strength of 1,000 psi. Any damage to utility iron, concrete collars or new HMA pavement shall be repaired or replaced at the Contractor’s expense and to the satisfaction of the Engineer.
Coordinate the iron raising and patch paving so that no partially completed iron raising remains over the weekend.
Full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work involved in adjust utility frames, covers and grates shall be considered as included in the prices paid for the various items of work unless otherwise defined in these Specifications and no additional compensation will be allowed therefor.
Section SP-29 – Concrete Sidewalk Grind/Shave
163
SECTION SP-29 – CONCRETE SIDEWALK GRIND/SHAVE
GENERAL
Work to be performed under this Section covers all labor, materials, tools, equipment, transportation, and incidentals necessary concrete sidewalk grind/shave. All such work shall conform to Section 42 – “Groove and Grind Concrete” of the State Standard Specifications; these Special Provisions; and the work order.
This work shall consist of grinding Portland cement concrete surfaces as directed by the Engineer and as specified in these special provisions.
Shaving/Grinding shall be performed with abrasive grinding equipment utilizing diamond cutting blades.
Existing Portland Cement Concrete (PCC) shall be ground as follows:
Grinding shall be performed so that the pavement surface on both sides of all transverse joints and cracks has essentially the same depth of texture and does not vary from a true plane enough to permit a 1.9 mm thick shim 75 wide to pass under a one-meter straight-edge adjacent to either side of the joint or crack when the straight-edge is laid on the surface parallel to centerline with its midpoint of the joint or crack. After grinding has been completed, the concrete surface shall conform to the straightedge and profile requirements specified in Section 42-3, “Grinding”.
Ground surfaces shall not be smooth or polished and, except as otherwise specified in Section 51-1.03. Residue from grinding operations shall be picked up by means of a vacuum attachment to the grinding machine and shall not be allowed to flow across the concrete surface nor be left on the surface. Residue from grinding PCC pavement shall be disposed of outside the highway right of way in accordance with all applicable laws, regulations, and ordinances, including the City’s zoning ordinance.
MEASUREMENT AND PAYMENT
"Concrete Sidewalk Grind/Shave” shall be paid at the contract unit prices per linear foot performed and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals required for doing all the work involved, including grinding/shaving, debris disposal as specified herein, as shown on the Work Orders, as specified in the Standard Specification and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.
Section SP-30 –Project Appearance
164
SECTION SP- 30 – PROJECT APPEARANCE
Cleanup shall conform to the provisions of Section 4-1.02, "Final Cleanup," of the Standard Specifications, on the work orders, and these Special Provisions
The project area shall be left in a neat and clean condition, as approved by the Engineer, at the end of each workday. Securing open excavations, construction equipment and building materials from presenting a hazard to the public is the responsibility of the Contractor.
MEASUREMENT AND PAYMENT
Full compensation for conforming to Project Appearance shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed.
Appendices
APPENDICES
A
APPENDIX A – CITY OF RICHMOND – FIRST SOURCE AGREEMENT
Appendix A-1 First Source Agreement (Sample) – 1 of 3
CITY OF RICHMOND
FIRST SOURCE AGREEMENT
RECITALS
THIS FIRST SOURCE AGREEMENT is entered into on the date stated below by and between the CITY OF RICHMOND, a municipal corporation and charter city (hereinafter the “City”), and _________________________ (hereinafter the “Employer”).
WHEREAS, the Employer has been awarded a contract, forgivable loan or subsidy by the City and/or the Richmond Community Redevelopment Agency, dated _____________________________,20 (hereinafter the “Contract”) to perform certain work and provide certain services at ________________________________in Richmond, California, described as follows:
WHEREAS, the Employer, in addition to the Contract, agrees to enter into this First Source Agreement (hereinafter the “FSA”) with the City;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Compliance with Chapter 2.56. Employer will comply with the terms of Chapter 2.56 of the Richmond Municipal Code, Local Employment Program (hereinafter the “Ordinance”), a copy of which is attached hereto and incorporated herein by reference.
2. Liaison. Employer shall designate a liaison for issues related to the Ordinance and this FSA. The liaison shall work with designated City of Richmond staff to facilitate effective implementation of the Ordinance and this FSA (hereinafter the “Designated City Staff”).
3. First Source Hiring Process for CONSTRUCTION and NON-CONSTRUCTION JOBS – Employer shall take the following steps regarding hiring in furtherance of the Contract. (a) Long-Range Planning. Employer shall, prior to hiring in furtherance of the Contract, and as soon as practicable, provide to the Designated City Staff the approximate number and type of hires that it will make for employment, and the basic qualifications necessary for each projected hire. (b) Dual Notification Process (CONSTRUCTION ONLY ). Where there is a signatory agreement with the local union and the associated craft, Employer shall work with the local union and the City of Richmond Employment and Training Department (hereinaft er the “ETD”) to fill those positions. The Employer shall forward to the ETD a copy of all personnel requests made to the trade unions, specifying the residency of personnel requested (this process is hereinafter referred to as the "dual notification process" and a description of it is attached hereto along with the Request for Craft form for use by the Employer). In the dual notification process, the Employer shall utilize the "name call," "rehires," "transfers," or "sponsorship" options in maximizing the participation of Richmond, California residents.
Appendix A-1 First Source Agreement (Sample) – 2 of 3 (c) Notification of job opportunities. Prior to hiring in furtherance of the Contract, Employer shall notify the Designated City Staff, by email or fax, of available job openings and provide a description of job responsibilities and qualifications, including expectations, salary, work schedule, duration of employment, required standard of appearance, and any special requirements, e.g., language skills, driver’s license, etc. Job qualifications shall be limited t o skills directly related to performance of job duties.
(d) Filling of job opportunities. Prior to announcing or advertising in any form and by any means (except for compliance with internal posting procedures) the availability of an employment position created by the vacancy of an existing position or a new employment position, the Employer shall utilize the dual notification process to notify the pertinent union, if appropriate, and ETD in writing of such position, including a general description of the position and Employer's minimum requirements for qualified applicants, and shall request any pertinent union and ETD to refer qualified applicants for such position to Employer's trade union and/or personnel representative, as appropriate. The Employer shall refrain from any general announcement or advertisement of the availability of such position for a period of ten (10) business days after notification to the ETD. This ten-day period shall be known as the "Advance Notice Period.” (e) Job Site Applications. In the event that any persons seek employment with the Employer at the job site, the Employer shall have the person complete a Job Site Application consisting of name, address, telephone number, social security number and trade. The Employer will then submit thi s information to the ETD.
(f) Transfer and Promotion. Nothing contained herein shall prevent the Employer from filling job vacancies or newly created positions without compliance with the foregoing procedures by transfer or promotion from its existing staff.
4. Monthly Reports. Employer shall, on a monthly basis, furnish certified payroll sheets to ETD.
Failure to provide the City with this information shall result in delay of progress payments for that portion which is deemed not in compliance with the provisions of this FSA.
5. Quarterly Reports. Employer shall prepare quarterly reports detailing the number of hires for employment in furtherance of the Contract during the quarter and stating what percentage of such hires were residents of Richmond, California. The D esignated City Staff shall assist Employer by preparing forms to be completed for this purpose. Reports shall be filed with the ETD within thirty (30) days after the completion of each quarter. Reports may include a description of any difficulties the Employer is having with obtaining qualified referrals through the Designated City Staff.
6. Non-compliance Procedure. In the event the City believes the Employer may not be in compliance with the requirements of this FSA, the following procedure will be followed:
(a) The Community and Economic Development Executive Director (hereinafter the “Executive Director”) or designee shall cause to be delivered to the Employer a written “Notice of Non - Compliance” (hereinafter the “Notice”). The Notice shall specify the matters which constitute the non- compliance; the specific action required to correct the non- compliance; and the time period during which such correction shall occur. In no event shall this time period be more than thirty (30) days after receipt of the Notice by the Employer. If the Notice is mailed, it will be deemed received five (5) days after the date of mailing.
Appendix A-1 First Source Agreement (Sample) – 3 of 3 (b) If the Employer disagrees with the Notice, they shall have the burden of proving compliance with the provisions of the Ordinance and shall submit any evidence and argument to the Executive Director or designee to establish compliance no more than thirty (30) days after receipt of the Notice by the Employer.
(c) In the event the Executive Director or designee subsequently agrees that compliance has occurred, the Executive Director or designee shall cause to be delivered promptly to the Employer a written “Notice of Correction of Non -Compliance,” specifying the original noncompliance which has been corrected.
(d) In the event the Executive Director or designee d oes not agree that compliance has occurred, the Executive Director or designee shall promptly notify the Employer by a written “Notice of Failure to Correct Non-Compliance” (“hereinafter the “Notice of Failure to Correct”), describing the facts constituting the non-compliance.
(e) After the issuance of the Notice of Failure to Correct, the Employer shall have the right to request a hearing before the City Manager or designee (hereinafter “Request for Hearing”), who shall make the final determination. The Request for a Hearing must be made within ten (10) working days after receipt of the Notice of Failure to Correct. If the Notice of Failure to Correct is mailed, it will be deemed received five (5) days after the date of mailing. The hearing shall be held no sooner than twenty (20) and no later than thirty (30) days after receipt by the City of the Request for Hearing, unless otherwise agreed to by the parties. At the hearing, the Employer will be allowed to present any evidence and argument it believes proves compliance.
The City Manager or designee shall issue their final determination no later than ten (10) business days after the hearing. The Employer must exhaust this administrative remedy prior to commencing legal action. (f) In the event no Request for Hearing is timely made, the determination of failure to correct non-compliance shall be deemed to be final.
(g) Should the Employer fail to comply with the Notice of Non-Compliance as specified above, and a final determination of non -compliance is made, the City may exercise any of its powers as specified in §2.56.080 of the Ordinance.
Executed this _________ day of ________________________________, 20_______.
EMPLOYER CITY OF RICHMOND
By: ____________________________________ By: __________________________________ Name: _________________________________ Name: _______________________________ Title: __________________________________
Approved as to form:
_____________________________________
City Attorney
B
APPENDIX B – CITY OF RICHMOND – CONSTRUCTION AGREEMENT
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 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, A-3
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
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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 A-4
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.
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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 A-9
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 A-10
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 A-11
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 A-12
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, A-14
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:
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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.
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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
.
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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]
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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: _________________________________
CITY OF RICHMOND
Sanctuary City Compliance Statement
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Con tractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Con tractor understands the meaning of the following t e rms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide vari
ety 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. “Ex treme 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 Cont
ract 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 en tity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Execu ted this d ay of , 20 , at , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
Performance Bond
32 City of Richmond
Department of Public Works
PERFORMANCE BOND
Bond No. ____________
Whereas, The City Council of the City of Richmond, State of California, and __________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________, 202_, and identified as project __________, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the principal and __________, as surety, are held and firmly bound unto the City of Richmond (hereinafter called “City”), in the penal sum of __________ dollars ($__________) 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.
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
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,
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
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
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.]
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
C
APPENDIX C – CITY OF RICHMOND – INSURANCE REQUIREMNTS
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.
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
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.
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.
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
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.
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 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
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
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
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
D
APPENDIX D – CITY OF RICHMOND – TRUCK ROUTE
4.52 | richmond general plan 2030
4 circulation
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.
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.
#6 13th Street Bldg C, Richmond, CA 94804-3530
Telephone: (510) 231-3006 Fax: (510) 231-3039 www.ci.richmond.ca.us
PUBLIC WORKS
As-Needed Concrete Contractor for
Sidewalk Construction, ADA Curb Ramp,
and Miscellaneous Concrete Repair
March 14, 2024
Addendum No. 1
This addendum shall be incorporated and considered as part of the specifications for the above-mentioned Bid as though it had been issued at the same time.
The Public Works Department has made the following additions/changes to the above referenced Bid:
• In Invitation for Bids, under Work Location and Description:
Added, “The quantity of the bid schedule in this advertisement will not reflect the actual work order bid item quantities issued for construction.”
Please Note: Revised set of plans will be issued after this addendum.
All other information remains the same.
_________________________ _________
Ken Cheng, PE March 14, 2024 Senior Civil Engineer
Public Works Department
Engineering Division
#6 13th Street Bldg C, Richmond, CA 94804-3530
Telephone: (510) 231-3006 Fax: (510) 231-3039 www.ci.richmond.ca.us
PUBLIC WORKS
As-Needed Concrete Contractor for
Sidewalk Construction, ADA Curb Ramp,
and Miscellaneous Concrete Repair
March 19, 2024
Addendum No. 2
This addendum shall be incorporated and considered as part of the specifications for the above-mentioned Bid as though it had been issued at the same time.
The Public Works Department has made the following additions/changes to the above referenced Bid:
• Q&A will be attached to the Addendum #2
• In Invitation for Bids, under Work Location and Description:
Added, “The unit price of each bid item in this proposal will be used as measurement and payment based on the work order quantity issued by the engineer.”
Please Note: Revised set of plans will be issued after this addendum.
All other information remains the same.
_________________________ _________
Ken Cheng, PE March 19, 2024
Senior Civil Engineer
Public Works Department
Engineering Division
#6 13th Street Bldg C, Richmond, CA 94804-3530
Telephone: (510) 231-3006 Fax: (510) 231-3039 www.ci.richmond.ca.us
PUBLIC WORKS
As-Needed Concrete Contractor for
Sidewalk Construction, ADA Curb Ramp,
and Miscellaneous Concrete Repair
March 20, 2024
Addendum No. 3
This addendum shall be incorporated and considered as part of the specifications for the above-mentioned Bid as though it had been issued at the same time.
The Public Works Department has made the following additions/changes to the above referenced Bid:
• Q&A will be attached to the Addendum #3
• In Instructions to Bidders:
- Removed section 2 Site Visit
- Section 3 – Proposal – J: Removed “shall visit the site of work” - Section 5 – Time Limits of Work: Revised to “The contract shall expire in December 31, 2025 with an option to extend the contract for 1 year. The work to be performed shall be completed before the expiration of the contract. No additional working days will be compensated for the alternate additional bid items”
Please Note: Revised set of plans will be issued after this addendum.
All other information remains the same.
_________________________ _________
Ken Cheng, PE March 20, 2024 Senior Civil Engineer
Public Works Department
Engineering Division