CITY OF RICHMOND
ENGINEERING & CAPITAL IMPROVEMENT PROJECTS DEPARTMENT
450 CIVIC CENTER PLAZA RICHMOND,
CA 94804
TELEPHONE: (510) 307-8091
FAX: (510) 307-8116 PROJECT
SPECIFICATIONS
LINCOLN ELEMENTARY SCHOOL SAFE
ROUTE IMPROVEMENTS
ONE BAY AREA GRANT FUNDING (OBAG 2)
FEDERAL-AID PROJECT NO. CML-5137(055)
September 2024
FOR USE IN CONJUNCTION WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION STANDARD SPECIFICATIONS AND STANDARD PLANS DATED 2023 (AS AMENDED) AND APPLICABLE LABOR SURCHARGE AND
EQUIPMENT RENTAL RATES
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS
SAFE ROUTE TO SCHOOL PROGRAM
FEDERAL-AID PROJECT NO. CML-5137(055)
The special provisions contained herein have been prepared by or under the direction of the following Registered Persons.
9/24/24
Kourosh Iranpour, Project Manager Date
Harris & Associates
Registered Civil Engineer, RCE No. C53336
Approved:
Robert Armijo, Deputy Public Works Director/City Engineer Date Registered Civil Engineer, RCE No. C63173
Docusign Envelope ID: 80C1A635-3709-4482-802A-3BFEC5B80343 9/27/2024
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Introduction
i
LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS
ONE BAY AREA GRANT FUNDING (OBAG 2)
FEDERAL-AID PROJECT NO. CML-5137(055)
Table of Contents
INTRODUCTION ........................................................................................................... 1 INVITATION FOR BIDS ................................................................................................ 2 INSTRUCTIONS TO BIDDERS ..................................................................................... 5 EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE ................. 16 FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS ................................................................................................................ 37 BID PROPOSAL ........................................................................................................... 51 BID SCHEDULE ........................................................................................................... 53 SUBCONTRACTOR FORM ......................................................................................... 57 PUBLIC CONTRACT CODE ....................................................................................... 61 DEBARMENT AND SUSPENSION CERTIFICATION ............................................... 63 NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS ................ 64 EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES .................................... 65 BIDDER’S NON-COLLUSION AFFIDAVIT ............................................................... 67 BIDDER’S BOND .......................................................................................................... 68 PERFORMANCE BOND .............................................................................................. 70 PAYMENT BOND ......................................................................................................... 72 WARRANTY BOND ..................................................................................................... 74 FIRST SOURCE AGREEMENT................................................................................... 77 EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT .................... 78 EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS ................. 80 EXHIBIT 12-B: BIDDER’S LIST OF SUBCONTRACTOR (DBE AND NON-DBE) – PART 1 .......................................................................................................................... 83 EXHIBIT 12-B: BIDDER’S LIST OF SUBCONTRACTOR (DBE AND NON-DBE) – PART 2 .......................................................................................................................... 85 CONTRACT .................................................................................................................. 86 SPECIAL PROVISIONS ............................................................................................. 103 SECTION SP-1 - SPECIFICATIONS AND PLANS ................................................................... 104 SECTION SP-2 - BIDDING....................................................................................................... 106 SECTION SP-3 - AWARD AND EXECUTION OF CONTRACT ................................................ 107 SECTION SP-4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ............................................................................................................................... 109 SECTION SP-5 - GENERAL ..................................................................................................... 111 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Introduction
ii
SECTION SP-6 - MATERIALS ................................................................................................. 124 SECTION SP-7 - DESCRIPTION OF WORK ............................................................................ 128 SECTION SP-8 - ORDER OF WORK ........................................................................................ 129 SECTION SP-9 - COOPERATION AND SCHEDULING WORK ................................................ 130 SECTION SP-10 - PROGRESS SCHEDULE ............................................................................. 132 SECTION SP-11 - EXISTING FACILITIES/COOPERATION ................................................... 133 SECTION SP-12 - DUST CONTROL ......................................................................................... 136 SECTION SP-13 - PROPERTY AND FACILITY PRESERVATION ........................................... 137 SECTION SP-14 - SUBMITTALS .............................................................................................. 138 SECTION SP-15 - MOBILIZATION .......................................................................................... 139 SECTION SP-16 - CONSTRUCTION LAYOUT ......................................................................... 141 SECTION SP-17 - CLEARING AND GRUBBING ..................................................................... 143 SECTION SP-18 - STORM WATER POLLUTION MANAGEMENT .......................................... 144 SECTION SP-19 - TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS ....................... 145 SECTION SP-20 - PROJECT AREA SIGNS .............................................................................. 148 SECTION SP-21 - PUBLIC NOTIFICATION ............................................................................ 149 SECTION SP-22 - REMOVALS ................................................................................................. 151 SECTION SP-23 - CONCRETE IMPROVEMENTS ................................................................... 153 SECTION SP-24 - SAW CUTTING AND MILLING (COLD PLANING) ..................................... 155 SECTION SP-25 - EARTHWORK ............................................................................................. 157 SECTION SP-26 - DISPOSAL OF MATERIALS ....................................................................... 158 SECTION SP-27 - SUBGRADE PREPARATION ....................................................................... 159 SECTION SP-28 - ADJUST UTILITY FRAME AND COVER TO GRADE ................................. 160 SECTION SP-29 - CLASS 2 AGGREGATE BASE...................................................................... 162 SECTION SP-30 - HOT MIX ASPHALT (HMA) ........................................................................ 163 SECTION SP-31 - THERMOPLASTIC STRIPING AND PAVEMENT MARKINGS ................... 165 SECTION SP-32 - PAVEMENT MARKERS .............................................................................. 167 SECTION SP-33 - PRE-FORMED THERMOPLASTIC CROSSWALK MARKING .................... 168 SECTION SP-34 - RECTANGULAR RAPID FLASHING BEACONS ......................................... 172 SECTION SP-35 - ROADSIDE SIGNS ...................................................................................... 176 APPENDICES ................................................................................................................. A APPENDIX A – CITY OF RICHMOND – FIRST SOURCE AGREEMENT ................................. A APPENDIX B – CITY OF RICHMOND – INSURANCE REQUIREMNTS – CONSTRUCTION PROJECTS .................................................................................................................................. A APPENDIX C – CITY OF RICHMOND – TRUCK ROUTE ......................................................... A APPENDIX D - CITY OF RICHMOND – STORM WATER PROTECTION FOR CONSTRUCTION CONTRACTS ................................................................................................. A APPENDIX E - CITY OF RICHMOND – ELECTRONIC CERTIFIED PAYROLL ...................... A APPENDIX F - CITY OF RICHMOND – PLANS ........................................................................ A
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Introduction
1 City of Richmond
Department of Public Works
INTRODUCTION
1. CONTRACT DOCUMENTS
All documents included in the Project Specifications shall constitute part of the contract (hereinafter called "Contract Documents") for the completion of the project.
2. PROJECT
The Project (hereinafter in the Contract Documents and in the Contractual Agreement signed by the Contractor called "Project") to be completed by the Contractor is defined as follows:
LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS
ONE BAY AREA GRANT FUNDING (OBAG 2)
FEDERAL-AID PROJECT NO. CML-5137(055)
3. DEFINITIONS
The following terms as used in the Contract Documents and in the Contractual Agreement signed by the Contractor shall have the meanings set forth below:
"City" shall mean the City of Richmond, California.
"Contract" shall mean both the Contract Documents and the Contractual Agreement for the completion of the Project which is signed by the Contractor.
"Contractor" shall mean the bidder who signs the Contractual Agreement for the Project substantially in the form set forth in the Contract Documents labeled, "Contractual Agreement Form."
“Department” shall mean the City of Richmond, California.
"Engineer" shall mean the City Engineer or his designated representative.
"Local Public Agency" shall mean the City of Richmond, California.
"Standard Specifications" shall mean 2023 edition of the State of California Department of Transportation Standard Specifications.
"City Standard Details" shall mean the Standard Details
END OF INTRODUCTION
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Invitation for Bids
2 CITY OF RICHMOND
DEPARTMENT OF PUBLIC WORKS
INVITATION FOR BIDS
BID OPENING: The City of Richmond will receive sealed bids for the LINCOLN
ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS ONE BAY AREA GRANT FUNDING (OBAG 2) FEDERAL -AID PROJECT NO. CML -5137(055) electronically through BidsOnline until 5:00 PM . on Wednesday, October 23, 2024. All bid forms must be electronically submitted by the due date and time or the bid will not be considered.
THE DBE CONTRACT GOAL IS 6 PERCENT.
QUESTIONS: All questions relative to this bid must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00 PM. on Thursday October 10, 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 bidder’s responsibility to periodically check the BidsOnline website,
www.ci.richmond.ca.us/bids for any possible Addenda to the bid that may have been posted.
WORK DESCRIPTION: In general, the work consists of clearing and grubbing, installation of temporary traffic control measures, disposal of material, removal of asphalt concrete, construction of raised intersection, construction of raised concrete median, installation of detectable warning surface, adjust sanitary sewer cleanout cover to grade, adjust sanitary sewer manhole cover to grade, adjust storm drain manhole cover to grade, adjust water valve cover to grade, install pre -formed thermoplastic crosswalk marking, install 12” thermoplastic pavement marking or crosswalk, paint curb red, installation of 4” diagonal stripe (white), and install new sign and post; and for all other work, items, or details including demolition and removals, that are required by the Drawings, State Standard Specifications, of these Special Provisions.
The Engineer’s Estimate of Probable Construction Cost for the Bid Work is approximately:
$500,000.
BID DOCUMENTS: Bid Documents can be obtained from the City of Richmond’s website www.ci.richmond.ca.us/bids. To download documents, new vendors will be required to register.
Once the vendor downloads any documents relative to a solicitation, that vendor’s name will appear on the prospective bidders list for that project and will receive any addenda or notifications relating to this bid.
BID DEPOSIT: A certified check or bank draft, payable to the order of the City of Richmond, negotiable U.S. Government Bonds (at par value) or a satisfactory Bid Bond executed by the Bidder and an acceptable surety, in an amount equal to ten percent (10%) of the total bid shall be City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Invitation for Bids
3 submitted with each bid. A bidder shall not be relieved of the bid unless by consent of the City nor shall any changes be made in the bid because of mistake, but a bidder may bring an action in the Superior Court of Contra Costa County for recovery of any amount forfeited, without interest or costs. A bidder who claims a mistake or who forfeits his or her bid security shall be prohibited from participating in further bidding on the project.
WITHDRAWAL OF PROPOSALS: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the bidder or its duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time nor may any bid be withdrawn after the time fixed in the public notice for opening of bids.
DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected as not responsive.
PREVIOUS DISQUALIFICATION, REMOVAL, OR OTHER PREVENTION OF BIDDING:
A bid may be rejected on the basis of a bidder, any officer of such bidder, any employee of such bidder who has a proprietary interest in such bidder, or any listed subcontractor, having been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of any law or any safety regulation.
RESPONSIBILITY FOR VERIFYING CONTRACT ADDENDA: All bidders shall verify if any addenda for this project have been issued by the City of Richmond. It is the bidders’ responsibility to ensure that all requirements of contract addenda are included in the bidder’s proposal. All bidders shall include a signed copy of all contract addenda with the proposal.
Failure to comply with this requirement shall cause the proposal to be considered as non- responsive and shall be grounds for rejection of the bid.
CONTRACTOR’S LICENSE: All bidders are subject to California contractor’s licensing laws and the provisions of Business and Professions Code Section 7028.15. A California Type A Contractor’s license is required to bid this Contract. Joint ventures must secure a joint venture license prior to award of this Contract. A Concrete Contractor’s Type C -8 license must be held by the Contractor or as a listed sub- contractor. Other licenses may be required for additional specialty work.
MINIMUM WAGE RATES: Not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Invitation for Bids
4 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
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Instructions to Bidders
5 CITY OF RICHMOND
DEPARTMENT OF PUBLIC WORKS
INSTRUCTIONS TO BIDDERS
1. GENERAL INFORMATION
A. Bids are invited for construction for the LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS ONE BAY AREA GRANT FUNDING (OBAG 2)
FEDERAL-AID PROJECT NO. CML-5137(055)
B. Sealed bids will be received up to the time and date as indicated in the Invitation to Bid or as modified by Addenda. Bids received after that time will not be accepted.
1. Bids will be opened publicly via BidsOnline. Please visit the City’s website at www.ci.richmond.ca.us/bids to register as a vendor, to order bid documents, and to submit bid documents.
2. SITE VISIT
Bidders are strongly encouraged to visit the sites of the proposed work and fully acquaint themselves with the existing conditions. Bidders should fully inform themselves as to the facilities involved, the difficulties and restrictions attending the performance of the contract. Bidders should thoroughly examine and familiarize themselves with the Specifications and all other Contract Documents. The Contractor, by the execution of this Contract, shall in no way be relieved of any obligation under it, due to Contractor's failure to receive or examine any form or legal instrument, or to visit the site and acquaint themselves with the existing conditions. The owner will reject any claim based on facts regarding which the bidder should have been aware as a result of visiting the site or reading the Contract Documents.
3. PROPOSAL
To receive consideration, bids shall be made in accordance with the following instructions:
A. Bids shall be made upon the proposal form contained herein. All items shall be properly filled in; numbers shall be stated both in writing and in figures. The signatures shall be original. Any alterations, interlineations, or erasures must be initialed.
B. Bids shall be submitted only upon the items of bid stated in the specifications; bids upon other basis will not be considered. Bids that do not reference all addenda or that are not submitted on the prescribed forms may be rejected.
C. The City reserves the right to accept bids on work listed in the bid form in sum total or individually or in any combination unless the bid form makes specific provision to the City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Instructions to Bidders
6 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. 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.
H. 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.
I. Before submitting a bid, bidders shall carefully examine the Plans, Specifications, and the form of Contract, shall visit the site of work, and shall fully inform themselves as to all existing conditions and limitations, and shall include in the bid a sum to cover the cost of all items included in the Contract.
J. 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 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Instructions to Bidders
7 guaranteed and the bidder shall make its own estimates from the Plans and Specifications. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid price, and the bid total will be conformed accordingly.
K. 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.
L. The contract may not be awarded to a Contractor who is ineligible pursuant to Section 1771.1 or 1777.7 of the Labor Code, nor may any subcontract be awarded to a subcontractor that who is ineligible pursuant to Section 1771.1 or 1777.7 of the Labor Code. In accordance with Section 1771.1 of the California Labor Code, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code , or engage in the
performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by
Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. In accordance with Section 1771.4 of the California Labor Code, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
4. CONTRACTOR’S LICENSE
No bid may be considered from a Contractor who, at the time the contract is awarded, is not licensed to perform the project in accordance with Division 3, Chapter 9, of the Business and Professions Code of the State of California. In the event of a dispute as to the classification of license required, the decision of the Contractor’s State License Board shall prevail. The classification of Contractor’s license required in the performance of this Contract is a Class A or C-12. Please note that there are other licensing requirements for particular items of work (e.g. landscaping); this licensing requirement may be satisfied by a listed subcontractor at time of bid.
5. TIME LIMITS OF WORK
The work to be performed shall be completed within 60 working days for Bid work after execution of contract and Notice to Proceed has been issued. No additional working days City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Instructions to Bidders
8 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 PLANS AND SPECIFICATIONS
If there is doubt about the meaning of any part of Contract Documents, submit written request to the City of Richmond thru the BidsOnline Q&A tab.
Request for interpretations shall be delivered by the date and time indicated in the Invitation to Bid.
Bids shall be based only on interpretations as issued in addenda.
8. ADDENDA OR BULLETINS
Any Addenda or information issued during the time of bidding, or forming a part of the documents loaned to the bidder for the preparation of his bid, shall be noted in the bid in the place provided and shall be made a part of the Contract.
9. AWARDING OR REJECTION OF BIDS
The City reserves the right to reject the bid of any or all bidders, and to waive any informality in the bids received.
10. LAWS AND ORDINANCES
A. The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived. Prior to the start of work, the successful Contractor shall obtain all other required permits from the City of Richmond, for which the fees will not be waived.
The successful Contractor shall also obtain any other permits required from other agencies for the completion of the project, for which the fees will not be waived.
B. If any Contractor, or any subcontractor used in the work by the Contractor, is currently in violation of any federal, state or local law or ordinance related to public works bidding or construction, the Contractor's bid may be deemed to be non - responsible.
C. For general information, questions, requests for clarification, or comments regarding compliance with all local, state, and federal ordinances must be submitted in writing using the electronic BidsOnline system discussed in the Invitation to Bid. All City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Instructions to Bidders
9 clarifications and interpretations affecting the project will be issued by written addenda on the BidsOnline system. No interpretation or clarification given orally or separately will be effective to alter or affect the solicitation documents unless confirmed by written addendum.
11. CONTRACT BONDS
General - The successful bidder shall furnish to the City of Richmond a Performance Bond and a Payment Bond required by the State of California Contract Act. Said bonds shall be furnished in a form satisfactory to the City. Each of said bonds shall be executed in an amount equal to one hundred percent (100%) of the total bid.
Faithful Performance - Refer to Performance Bond.
Payment Bond – Refer to Payment Bond. The Payment Bond shall guarantee payment of all claims for labor, materials, provisions, provender and supplies furnished and any amounts required to be deducted withheld and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractor pursuant to Section 18806 of the Revenue and Taxation Code. The bond shall satisfy all of the requirements set forth in Civil Code Section 3248.
Alterations - All alterations, extensions of time, extra and additional work, and other changes authorized by these Specifications or any part of the Contract may be made without securing the consent of the surety or sureties on the Contract bond.
12. SPECIAL NOTICE
Bidders are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed, and the Contractor must employ, so far as possible, such methods and means in the carrying out of his work as will not cause any interruption or interference with any other Contractor.
13. BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid, as Prime Contractor for the same work. A person, firm, or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other bidders.
14. BIDS TO BE LEFT ON DEPOSIT
Unless otherwise required by law, no bid, nor any part thereof, may be withdrawn by the bidder for a period of sixty (60) calendar days after the opening of the bids.
15. MANDATORY NON-COLLUSION AFFIDAVIT
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Instructions to Bidders
10 A. The City will, before any award of the Contract is made, require any bidder to whom it may make an award of the principal Contract, to execute a Non-Collusion Affidavit.
B. The City may require that the principal Contractor shall, before awarding any subcontract, secure from the proposed subcontractor a Non-Collusion Affidavit.
16. INDEMNIFICATION AND INSURANCE
Attention is directed to Section 7-1.05, "Indemnification" of the State Standard Specifications and these Special Provisions.
Indemnification - Contractor shall indemnify, and shall cause all subcontractors to indemnify, the City in accordance with Section 3.4 of the Construction Agreement.
Insurance - Contractor shall provide and maintain the insurance requirements and limits as specified in the “City of Richmond – Insurance Requirements – Construction Projects”, attached in Appendix B for the duration of the contract, agreement, or other order of work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees, or subcontractors.
Insurance certificates and endorsements shall be reviewed and approved by the City’s Risk Management before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Upon notification of receipt by the City of a Notice of Cancellation, major change in coverage or expiration, Contractor shall file with the City a certified copy of the required new renewal policy and certificates for such policies.
If at any time during the life of the Contract or any extension the Contractor fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately and all payments due or that become due to the Contractor will be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance will be sufficient cause for City to terminate the Contract
17. PERMITS
The Contractor shall obtain and pay for all building, plumbing, electrical, encroachment, and other permits required by the Contract, City Ordinance or any other agency, necessary for the construction of the work, unless otherwise specifically provided for in other contract documents. The Contractor and their subcontractors shall obtain and pay for all licenses required the City including a City business license. The Contract and its sub-Contractor are required to secure a City encroachment permit; the Contractor at its option may include one City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Instructions to Bidders
11 or more of their sub-Contractors under their encroachment permit. There will be no fee for City issued permits.
18. PREVAILING WAGE
A. All Contractors and Subcontractors performing services under this Contract shall pay their employees providing such services a minimum hourly prevailing wage rate as further described below.
B. In case of conflict between the Prevailing Wage as specified in this Section and any Federal Minimum Wage that may be specified elsewhere in these Specifications, the higher of the two shall prevail. Any amendments to the Federal Minimum Wage Determination issued up to 10 days prior to the bid opening date will become the part of the contract documents.
C. The Contractor and any subcontractor under the Contractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall forfeit to the State or political subdivision on whose behalf the contract is made or awarded a penalty of not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by the Contractor or by any subcontractor under the Contractor in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of the obligations under the Labor Code.
In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor.
If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the prime contractor of the 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 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Instructions to Bidders
12 Code.
2. The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
3. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
4. Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor's employees on the public works project and any amounts due pursuant to Section 1813 of the Labor Code.
D. Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if the Department did not retain sufficient money under the contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, the Contractor shall pay all moneys retained from the subcontractor to the Department.
These moneys shall be retained by the Department pending the final decision of an enforcement action.
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 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Instructions to Bidders
13 recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.
F. The general prevailing wage rates and any applicable changes to these wage rates are available from the California Department of Industrial Relations' Internet Web Site at:
http://www.dir.ca.gov.
G. The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates. Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for bids and are good for the life of the contract. Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the contract. The Contractor shall contact the Department of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes.
H. Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.
I. Changes in general prevailing wage determinations which conform to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204 shall apply
to the project when issued by the Director of Industrial Relations at least 10 days prior to the date of the Notice to Contractors for the project.
J. The City of Richmond will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the bid, and will not under any circumstances be considered as the basis of a claim against the City on the contract.
19. GUARANTY
All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.
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.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Instructions to Bidders
14 The Contractor shall, upon completion of the Contract and prior to filing of the Notice of Completion, post a Maintenance Bond in the amount of ten percent (10%) of the Contract value. The Maintenance Bond shall remain in full force and effect through the guaranty period of one (1) year.
20. EXECUTION OF CONTRACT
The contract shall be signed by the successful bidder and returned, together with the contract bonds and insurance endorsements, within ten (10) working days after the bidder has received the contract documents.
21. ASSIGNMENT
The performance of the Contract may not be assigned, except upon the written consent of the City. Consent will not be given to any proposed assignment that would relieve the original Contractor or its surety of their responsibilities under the Contract, nor will the City consent to any assignment of a part of the work under the Contract.
22. CONTRACTORS INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of work under this Contract, as a result of failure on initial investigations or reports prepared by City for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
23. SIGNATURE OF CONTRACTOR
Corporations:
The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk’s office.
Partnerships:
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:
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Instructions to Bidders
15 Bids submitted as joint ventures must so state and be signed by each joint venture.
Individuals:
Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file in the City Clerk’s office, in which case said person may sign for the individual.
The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature.
24. CONDITIONAL CONTRACT AWARD
Notwithstanding any action by the City Council of Richmond to award a contract to a bidder, all contract awards are expressly conditioned on the timely provision of all required documents, including the executed Contract, to the City. The provision of all such documents is a condition precedent to the effectiveness of any contract award. Failure to provide any of the required documents may result in forfeiture of the bidders bid security as provided by law.
25. BID PROTEST
Any protest pertaining to the proposed award or any other matter relating to the bidding procedure must be submitted in writing to the City no later than 4:00 P.M. of the second business day following the date of bid opening. The protestor must have actually submitted a bid directly to the City on the Project or have been specifically excluded from filing a bid due to an action by the City. A subcontractor of a party filing a bid on this project may not submit a bid protest on its own accord. Each bid protest shall be accompanied by a check in the amount of $500.00 payable to the City of Richmond for each protest and shall constitute a non-refundable fee to reimburse the City for its costs in reviewing and investigating the bid protest. The City will review the bid protest and will issue its determination within a reasonable amount of time prior to bid award. These procedures and time limits are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest.
END OF INSTRUCTIONS TO BIDDERS
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
16 EXHIBIT 12-G: REQUIRED FEDERAL-AID CONTRACT LANGUAGE
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
17 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
18 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
19 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
20 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
21 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
22 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
23 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
24 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
25 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
26 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
27 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
28 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
29 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
30 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
31 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
32 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
33 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
34 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
35 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Exhibit 12-G: Required Federal-Aid Contract Language
36 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts 37 FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts 38 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts 39 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts 40 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts 41 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts 42 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts 43 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts 44 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts 45 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts 46 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts 47 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts 48 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts 49 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts 50 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Bid Proposal
51 City of Richmond
Department of Public Works
BID PROPOSAL
DATE: _____________________________
TO THE CITY CLERK OF RICHMOND, CALIFORNIA:
NAME OF BIDDER
_________________________________________________________________
BUSINESS P.O. BOX
________________________________________________________________
BUSINESS STREET ADDRESS
_______________________________________________________ (Please include even if P.O. Box used)
CITY, STATE, ZIP
__________________________________________________________________
TELEPHONE NO. AREA CODE ( )
______________________________________________
FAX NO. AREA CODE ( )
_____________________________________________
CONTRACTOR LICENSE NO.
_______________________________________________________
LICENSE EXPIRATION DATE
_______________________________________________________
DEPARTMENT OF INDUSTRIAL RELATIONS NO.
____________________________________
LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS
ONE BAY AREA GRANT FUNDING (OBAG 2)
FEDERAL-AID PROJECT NO. CML-5137(055)
The work to be done and referred to herein is in the City of Richmond, Contra Costa County, State of California. Construction to be in accordance with the Special Provisions including the payment of not less than the minimum wage rates set forth herein and the Contract annexed hereto and also in accordance with the State Standard Specifications dated 20 23, and the current City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Bid Proposal
52 "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, acknowledges that he is aware that certain federally funded forms included herein must be submitted with the proposal package.
The undersigned, as Bidder, declares that the only persons or parties interested in this Proposal as principals are those named herein; that this Proposal is made without collusion with any other person, firm or corporation; that they have carefully examined the location of the proposed work; and the Plans therein referred to; and they propose, and agree if this Proposal is accepted, that they will contract with the City of Richmond to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed and according to the requirements of the Engineer as therein set forth, and that they will take in full payment therefor the following item prices to wit:
END OF BID PROPOSAL
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Bid Schedule
53 City of Richmond
Department of Public Works
BID SCHEDULE
AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each FA=Force Account LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs) LB = Pounds
LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS
ITEM
NO.
DESCRIPTION OF WORK EST.
QTY.
UNIT UNIT
PRICE
TOTAL
COST
1 Mobilization 1 LS
2 Traffic Control & Construction Area Signs 1 LS
3 Remove Exist AC Speed Bump 110 SF
4 Construct Raised Intersection 3,080 SF
5 Construct Raised Concrete Median 190 SF
6 Construct Raised Crosswalk 2,680 SF
7 Install Detectable Warning Surface 2 EA
8 Adjust Sanitary Sewer Cleanout Cover to
Grade
2 EA
9 Adjust Sanitary Sewer Manhole Cover to
Grade
1 EA
10 Adjust Storm Drain Manhole Cover To
Grade
2 EA
11 Adjust Water Valve Cover to Grade 3 EA
12 Install Pre-formed Thermoplastic
Crosswalk Marking
4,690 SF
13 Install 12" Thermoplastic Pavement
Marking or Crosswalk
1,010 LF
14 Install Thermoplastic Pavement Marking 140 SF
15 Install Solar Rectangular Rapid Flashing
Beacon
8 EA
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Bid Schedule
54 16 Paint Curb Red 200 LF
17 4" Diagonal Stripe (White) 50 LF
18 Install Caltrans Striping Detail 28 120 LF
19 Install New Sign and Post 10 EA
TOTAL BID
*NOTE: In case of error in extension of price into the total price column, the unit price will govern.
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);.
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 City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Bid Schedule
55 best serve the public interest.
TIME
The undersigned agrees to furnish, within ten (10) working days from the receipt of the Notice of Award of Contract, the items required by Section SP-4 of the Special Provisions. The failure to timely provide such items may result in annulment of the award and forfeiture of the Proposal Guarantee.
The undersigned agrees to begin work within ten (10) working days after the date specified in the Notice to Proceed.
If the proposal is accepted, the undersigned agrees to execute the required agreement and furnish the required bonds within ten (10) working days from the date of signing of this Contract.
BID DEPOSIT
There is enclosed herewith, a certified check or surety bond in the sum of ten percent (10%) of the 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 plans and as specified herein. Any items shown on the plans, but not included in the bid items, shall be considered as appurtenant items. All costs shall be included within the appropriate item of the Contractor’s bid.
IMPORTANT NOTICE: On a separate sheet of paper, provide the following information. If bidder is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager; if co-partnership, state true name of firm and names of all individual co-partners composing firm; or, if individual, state first and last names in full.
Officer’s Signature Title Date
Officer’s Signature Title Date
Officer’s Signature Title Date
Signature and title of the officer(s) set forth above shall be authorized to sign contracts on behalf of the corporation, co-partnership, or individual. If signature is by an agent, other than an officer of the corporation or a member of a partnership, a Power of Attorney must be on file with the City prior to or at time of bid opening; otherwise, the bid will be subject to rejection by City Council.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Bid Schedule
56 Address of Bidder: Corporate Seal:
State of Incorporation
END OF BID SCHEDULE
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Subcontractor Form
57 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)
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Subcontractor Form
58 The bidder is to provide the following information on the sub bids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required.
Type of State
Contracting License &
Number
DIR Registration
Number
Amount of Bid
($ or %)
*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
59 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
60 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
61 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
62 Public Contract Code Section 10232 Statement
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor’s failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Bid Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
WORKERS’ COMPENSATION CERTIFICATION
I am aware of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.
By:
Title:
Date:
END OF PUBLIC CONTRACT CODE
Instructions for Completing Exhibit 10-Q Disclosure of Lobbying Activities 63 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
Instructions for Completing Exhibit 10-Q Disclosure of Lobbying Activities 64 NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
END OF NONLOBBYING CERTIFICATION
FOR FEDERAL-AID CONTRACTS
Instructions for Completing Exhibit 10-Q Disclosure of Lobbying Activities 65 EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
Instructions for Completing Exhibit 10-Q Disclosure of Lobbying Activities 66 Bidder’s Non-Collusion Affidavit
67 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
68 City of Richmond
Department of Public Works
BIDDER’S BOND
Bond No. ______
KNOW ALL MEN BY THESE PRESENTS:
That We, , as Principal, and , as Surety, are hereby held and firmly bound unto the City of Richmond, in the penal sum of TEN PERCENT (10%) of the total bid submitted by said Principal to the City of Richmond for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, whereas the Principal has submitted to the City of Richmond a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the .
NOW, THEREFORE, if said bid submitted by the Principal be accepted and the contract be awarded to the Principal and the Principal shall, within ten (10) days after having received notice that the contract has been awarded to the Principal, enter into the Contract so awarded, shall furnish the required corporate surety bonds and insurance coverage verification and shall in all other respects perform the agreement created by the acceptance of the bid, then this obligation shall be void, otherwise the same shall remain in full force and effect.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the City of Richmond may accept such Bid; and said Surety does hereby waive notice of such extension.
Bidder’s Bond
69 As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Richmond in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals on this
_______day of___________, 202 .
By: __________________________________
Title_________________________________
By:__________________________________
Title:________________________________
Note: This bond must be dated, the surety’s signature must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
END OF BIDDER’S BOND
Performance Bond
70 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
71 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
72 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
73 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
74 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
75 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
76 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
77 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
First Source Agreement
78 EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT
First Source Agreement
79 First Source Agreement
80 EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
First Source Agreement
81 First Source Agreement
82 First Source Agreement
83 EXHIBIT 12-B: BIDDER’S LIST OF SUBCONTRACTOR (DBE AND NON-DBE) – PART 1
First Source Agreement
84 First Source Agreement
85 EXHIBIT 12-B: BIDDER’S LIST OF SUBCONTRACTOR (DBE AND NON-DBE) – PART 2
Contract
86 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.”
Contract
87 Section 1.2 Construction.
Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.
Section 1.3 Payments.
Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.
Section 1.4 Discovery of Hazardous Waste or Unusual Conditions.
(a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement.
(c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
Section 1.5 Laws and Regulations.
Contract
88 (a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof.
(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.
(c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City's Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City's Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City's Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56). During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.
(d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section
Contract
89 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance. Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.
Section 1.6 Inspections.
Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.
Section 1.7 Equal Opportunity.
(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.
(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Section 1.8 Working Hours.
Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.
Section 1.9 Insurance and Bond Requirements.
(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861.
(b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project
Contract
90 Specifications. Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days.
The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor's receipt of the City's approval of evidence of insurance coverage related to the construction of the Project.
(c) Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder's Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.
(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
Section 1.10 Security In Lieu of Retention.
(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.
1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor.
Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.
2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the
Contract
91 Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner.
(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.
(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to
Contract
92 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
Contract
93 At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature
Section 1.11 Senate Bill 854 Notice Requirements.
As provided in SB 854: a) no contactor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered with the Department of Industrial Relations (DIR) and qualified to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(a)]; b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(b)]; and c) work performed on the project is subject to compliance monitoring and enforcement by the DIR [Gov't Code Section 1771.4].
Section 1.12 Job Site Notices.
Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.
ARTICLE II
DEFAULT AND REMEDIES
Section 2.1 Events of Default.
In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.
Each of the following shall constitute a "Default" by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City
Contract
94 informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.
(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.
(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.
(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.
Section 2.2 Remedies.
The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:
(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
(b) Right of Contest. Contractor shall have the right to contest in good faith any
Contract
95 claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder. Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.
(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person.
Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
Section 2.3 Waiver of Damages.
Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.
ARTICLE III
GENERAL PROVISIONS
Section 3.1 Relationship of Parties.
Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.
Contractor shall be solely responsible for its own acts and those of its agents and employees.
Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:
1. The work performed in connection with the change to be made;
2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump
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96 sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2010 State of California Department of Transportation Standard Specifications; and
3. The amount of time to be adjusted in the schedule for performance, if any.
(b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.”
(c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.
Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project.
(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER, then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice to the City that expressly invokes this Section 3.3 and requests a determination of the issue. City shall decide the issue in writing within 15 days; City’s decision shall be final and the limitations period for the filing of a claim shall commence upon the City’s issuance of its decision. If Contractor disagrees with City’s decision, or if Contractor contends that City failed to provide a timely decision, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to file a written claim setting forth Contractor’s position as required herein.
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97 (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 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
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98 Contractor. Oral or implied modifications shall be of no force or effect.
Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs (collectively, "Claims"), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors' employees), or damage to property of any kind, or any other injury or damage whatsoever, which Claims arise out of or are in any way connected with the construction of the Project, regardless of Contractor's fault or negligence; provided, however, that Contractor's, and Contractor's subcontractors' indemnity obligations hereunder shall not apply to the extent any Claims are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Claims asserted after termination of this Agreement for whatever reason.
(b) In Claims against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts or other employee benefit acts.
Section 3.5 Non-Liability of City Officials, Employees and Agents.
No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.
Section 3.6 No Third Party Beneficiaries.
There shall be no third party beneficiaries to this Agreement.
Section 3.7 Conflict of Interest.
(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have
Contract
99 family or business ties, during, or at any time after, such person's tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.
(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.
Section 3.8 Notices, Demands and Communications.
If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and
(1) if intended for the City shall be addressed to:
City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: XXXX
With copy to:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney
(2) if intended for Contractor shall be addressed to:
XXXX
XXXX
XXXX
Attn: XXXX
Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.
Section 3.9 Applicable Law.
This Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and
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100
prosecuted in the courts of Contra Costa County, California.
Section 3.10 Parties Bound.
Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law.
This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.
Section 3.11 Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
Section 3.12 Force Majeure.
Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.
Section 3.13 Waivers.
Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or
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101
applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City's written consent to future waivers.
Section 3.14 Title of Parts and Sections.
Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions.
Section 3.15 Entire Understanding of the Parties.
The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.
The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.
Section 3.16 Multiple Originals; Counterpart.
This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.
Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:
CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name: _________________________________
Its: __________________________________
CONTRACTOR:
XXXX
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102
By: _________________________________
Name: _________________________________
Its: _________________________________
END OF CONTRACT
Special Provisions
103
SPECIAL PROVISIONS
The legal relationship and responsibilities of the parties, including but not limited to the obligation to arbitrate claims hereto and the work embraced herein shall be done in accordance with the Standard Specifications and Standard Plans dated 2023 of the California Department of Transportation, and the most recent Standard Plans of the City of Richmond, California, in so far as the same may apply and in accordance with the Project Plans and these Special Provisions.
These Special Provisions are additions, modifications, and/or clarifications to the Standard Specifications of the California Department of Transportation. The numbers in parenthesis shown in the section and subsection headings of these Special Provisions refer to the State Standard Specifications Sections.
Refer to Section SP-1 of these Special Provisions for the order of precedence of the above contract documents in case of any conflict.
Section SP-1 - Specifications and Plans
104
SECTION SP-1 - SPECIFICATIONS AND PLANS
The work embraced herein shall be performed in accordance with the Standard Specifications dated 2023 of the State of California, Department of Transportation, insofar as the same may apply and in accordance with the following Special Provisions.
In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over, and shall be used in lieu of, such conflicting portions.
The details as referenced in the construction documents from the following Standard Plans are herewith part of these Special Provisions:
Caltrans Standard Plans (2023 edition)
City of Richmond Standard Plans (http://www.ci.richmond.ca.us/167/Standard-Plans)
Latest edition of the MUTCD California Supplement
DEFINITIONS AND TERMS
As used herein, unless the context otherwise requires, the following terms shall have the following meaning: Department of Transportation - the City Council of the City of Richmond.
Director of Transportation - the City Engineer of the City of Richmond.
Engineer - the City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory - the City of Richmond Material Testing Laboratory or the designated laboratory authorized by the City of Richmond to test materials and work involved in the contract.
Office of Administrative Hearings - the City Council of the City of Richmond.
Standard Specifications or State Standard Specifications - the 2023 edition of the Standard Specifications of the State of California (as amended), Business and Transportation Agency, Division of Transportation.
State - the City of Richmond.
The Contractor shall maintain a control set of Plans and Specifications on the project site at all times.
All final locations determined in the field, and any deviations from the Plans and Specifications, shall legibly be marked to scale in red, both graphically and dimensionally on this control set to show the as-
Section SP-1 - Specifications and Plans
105
built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.
Adjustments to the layout of this plan may be necessary due to the unknown existing conditions. It is the Contractor’s responsibility to retain the design intent. If a layout discrepancy should occur, the Contractor is to contact the Engineer.
The Contractor shall prepare and submit a work plan and progress schedule in accordance with Section 8-1.04 "Progress Schedule" of the Standard Specifications and in a form provided by or acceptable to the Engineer. The above items shall clearly disclose the Contractor’s proposed procedures and methods of operation, including identifying any special equipment intended for use on the project. The Contractor shall allow five (5) working days for review and approval of this item by the Engineer. The Progress Schedule will be reviewed weekly for accuracy. Any modifications to the Progress Schedule shall be submitted to the City in writing. Modifications to the Progress Schedule will not constitute approval for a work schedule extension.
The Contractor shall submit a separate weekly schedule, separate from the entire project schedule, which shall clearly show where and at what time the Contractor anticipates working. This separate weekly schedule shall be suitable for publishing in the local paper. A digital version and paper copy of the separate weekly schedule shall be submitted to the Engineer no later than Wednesday preceding the workweek. The City shall have the right to publish part of this schedule on the City’s web page or in a local publication.
No work may begin under the contract until the Engineer has approved the progress schedule. Time required for review and approval of these items shall not constitute a basis for time extension.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-2 - Bidding
106
SECTION SP-2 - BIDDING
The bidder's attention is directed to the provisions in Section 2, "Bidding," of the Standard Specifications and these Special Provisions for the requirements and conditions which must be observed in the preparation of the proposal form and submission of the bid.
Section 2-1.06 “Bid Documents”, 2-1.15 “Disabled Veteran Business Enterprises”, 2-1.18 “Small Business and Non- small Business Subcontractor Preferences”, 3-1.02B “Tied Bid Resolution”, 2-1.27 “California Companies”, and 2-
1.47 “Bid Relief” of the Standard Specifications shall not apply.
The second and third paragraph of Section 2-1.33A “General” of the Standard Specifications shall not apply. All bid forms shall be submitted under one hard copy sealed cover. Faxed or emailed bid documents will not be accepted.
All proposals (bids) shall be made on blank forms downloaded from the City of Richmond website http://www.ci.richmond.ca.us/ where all the Bid Documents shall be obtained.
Award of Tie Bids: If two or more bids are the same and the lowest, the City shall accept that of the local bidder, if there is one; otherwise, it may accept the one it chooses.
See Section 2.52.344(b) of Municipal Code for Code for City preferences for Recycled Products.
All proposals must give the prices proposed in figures and shall be signed by the bidder, who shall fill out all blanks in the Proposals forms.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-3 – Award and Execution of Contract
107
SECTION SP-3 - AWARD AND EXECUTION OF CONTRACT
Within ten (10) working days after the date of the Notice to Award, the Contractor shall execute and return the following contract documents to the Agency:
1. Contract Agreement
2. Faithful Performance Bond
3. Payment Bond
4. Public Liability and Property Damage Insurance Certificate
5. Worker’s Compensation Insurance Certificate
6. Indemnification - Contractor shall indemnify, and shall cause all subcontractors to indemnify, the City in accordance with Section 3.4 of the Construction Agreement
Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the Agency until executed by the authorized Agency officials. A corporation to which an award is made may be required, before the Contract Agreement is executed the Agency, to furnish evidence of its corporate existence, of its right-to- enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so.
CONTRACT BONDS
Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995-660(a). The Bidder shall pay all bond premiums, costs, and incidentals.
Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. Each bond shall name the City as beneficiary.
The Bidder shall provide two (2) good and sufficient surety bonds. The “Payment Bond” (Material and Labor Bond) shall be for not less than 100 percent of the Contract Price, to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work. The bond shall be maintained by the Contractor in full force and effect until the work is accepted by Agency and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code.
The “Performance Bond” shall be for 100 percent of the Contract Price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the Agency, and that all materials and workmanship will be free from original or developed defects.
Should any bond become insufficient, the Contractor shall renew the bond within ten (10) days after receiving notice from the City.
Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to that City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-3 – Award and Execution of Contract
108
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.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 109
SECTION SP-4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED
DAMAGES
Attention is directed to the provisions in Section 8 1.04, "Start of Job Site Activities," Section 8
1.05, "Time," and Section 8 -1.10, "Liquidated Damages," of the Standard Specifications and these Special Provisions.
The Contractor shall commence work within 72 hours, or as directed by the City Engineer, upon receipt of directions to proceed in the “Authorization to Proceed” for each location(s), and complete the work within the allotted time of:
60 WORKING DAYS
as specified in the Authorization.
LIQUIDATED DAMAGES
For each consecutive calendar day in excess of the time specified, as adjusted in accordance with Section 8-1.07 of the State Standard Specifications, for completion of the work, the Contractor shall pay to the Agency, or have withheld from monies due it, the sum as set forth in the contract agreement, liquidated damages.
The Contractor shall pay to the City of Richmond the sum of $1,000 per calendar day for each and every calendar day of delay in finishing the work in excess of the number of working days prescribed above. Failure to provide adequate work force to complete the work in a timely manner shall be considered as grounds for liquidated damages.
In addition, the City shall have the right to charge the Contractor and to deduct from the payments for the work the actual cost to the City for engineering, inspection and other overhead expenses which are directly chargeable to the Contract and which accrue during the period of such delay.
The expenses and damages described above shall be deducted from any money due to the Contractor under this Contract. The Contractor and his sureties shall be liable for any such costs.
HOURS OF WORK
The Contractor shall not work on Saturdays, Sundays and City of Richmond holidays, nor between the hours of 5:00 p.m. and 8:00 a.m., without the written permission of the City Engineer, except where specifically noted otherwise in these special provisions. Work performed on Saturdays, Sundays, City Holidays, or between the hours of 5:00 p.m. and 8:00 a.m. shall comply with the noise standards set forth in Section 14-8.
No
isy work, such as removal of concrete using jackhammer etc., shall NOT be performed at the curb ramps adjacent to the County Courthouse during court working hours of 8:00 a.m-5:00 p.m.
Non-noisy work such as forming, pouring of concrete et., can be performed during regular working hours. Contractor shall noisy work during non- working hours or Court holidays, as directed by the engineer.
The temporary full closure of streets is not permitted without the advance approval of the Engineer.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 110
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.
Contra Costa County Courthouse Holiday Schedule:
Holiday Date observed
Every Sunday Every Sunday
New Year's Day January 1st
Birthday of Martin Luther King, Jr. 3rd Monday in January Washington’s Birthday 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4th
Labor Day 1st Monday in September
Veterans Day November 11th
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day Day after Thanksgiving
Day
Christmas Day December 25th
The City reserves the right to terminate this contract at any time provided that the City furnished the Contractor with a ten-day written notice prior to the termination of contract.
Where Section 8 1.04B of the Standard Specifications refers to the Attorney General or the Attorney appointed to represent the Department of Transportation, this shall be taken to mean the City Attorney of the City of Richmond.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-5 – General
111
SECTION SP-5 - GENERAL
DEFINITIONS
Agency/City - City of Richmond
Board - City Council
Caltrans - California Department of Transportation
City - City of Richmond
Country - County of Contra Costa
Director - The Director of Public Works / City Engineer, City of Richmond, acting either directly or through his properly authorized agents, each agent action only within the scope of authority designated to him.
Engineer - The Director of Public Works / City Engineer, City of Richmond, acting either directly or through his properly authorized agents, each agent action only within the scope of authority designated to him.
Federal - United States of America
Final Acceptance - Final Acceptance is defined as that stage of construction which allows the City to accept the project as completed (no punch list items remaining unresolved).
When the Contractor believes that the project is ready for final acceptance, he shall call for a final acceptance inspection. The Director will inspect the project to verify its completion. Should there be elements that are not completed, the Director will record same (final acceptance punch list) and bring them to the attention of the Contractor. All punch list items must be resolved prior to final acceptance.
When, in the Director’s judgment, the work has been completed in accordance with the plans and specifications and is ready for final acceptance, he will so certify to the Board, which may accept the completed work. Upon acceptance of the work by the Board, the City Clerk will file the Notice of Completion with the County Recorder.
State Standard
Specifications
- Standard Specifications, State of California, Department of Transportation, dated 2023 (or current version), including all revisions and amendments.
City Standard
Details
Contra Costa
County
-
-
City of Richmond Department of Public Works Standard Details
Contra Costa County Public Works Department – Standard Details Dated March 2014
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-5 – General
112
Standard
Details
Substantial
Completion
- Substantial Completion is defined as that stage of construction, which allows the Director to occupy or use the project for its intended purpose. When a project includes a plant establishment period, the date of the start of the plant establishment period may, at the discretion of the Director, be used as the basis for determining the substantial completion date, provided that all elements of the project, other than the landscape, are substantially completed as defined above.
The substantial completion date will be determined by the Director in cooperation with the Contractor and establish the termination of the time period for construction, and this date is used as a basis for determining whether liquidated damages are assessable. In no case shall the plant establishment period end prior to the final acceptance of the project.
When the Contractor believes that construction of the project is substantially complete, he shall call for an inspection. The Director will inspect the total project to verify its completion by the Contractor. Should there be elements of the project that are not yet completed, the Director will record same (substantial completion punch list) and bring them to the attention of the Contractor. All such items must be completed prior to acceptance of the project substantially complete.
In the event re-inspection of any project element results in additional cost to the City for consultant or staff time, the Director retains the right to withhold sufficient funds from payments due the Contractor to cover the cost to the City of such re-inspection.
Traveled Way - That portion of the roadway reserved for the movement of vehicles for the general public, exclusive of shoulders and auxiliary lanes. When traffic has been diverted or restricted to certain lanes, with the approval of the Traffic Engineer, these diversions or restricted lanes become the traveled way.
CITY NOTES
1. All material and workmanship shall fully conform with the Specifications, standards, and ordinances of the City of Richmond. Standard specifications and details are available in the office of the City Engineer.
2. The office of public works inspection shall be notified at least 24 hours in advance of any work.
3. It shall be the contractor's responsibility to determine the existence and location of all utilities. The underground contractor shall notify utility companies at least 48 hours in advance of construction to field locate utilities. Contact underground service alert at 800-227-2600.
1. The contractor shall be held responsible for any field changes made without written authorization from the City Engineer.
5. Contractor shall provide adequate traffic controls & shall submit a traffic control plan City of Richmond
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6. All existing utilities and private improvements that become damaged during construction shall be completely restored to the satisfaction of the City Engineer, at contractor's sole expense.
7. The contractor agrees that, in accordance with generally accepted construction practices, the contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property and that this requirement shall be made to apply
continuously and not just during normal working hours.
8. Excavations shall be adequately shored, braced and sheeted so that the earth will not slide or settle and so that all existing improvements of any kind will be fully protected from damage. Any damage resulting from a lack of adequate shoring, bracing or sheeting, shall be the responsibility of the contractor and shall make necessary repairs or reconstruction at contractor own expense. Where the excavation for a conduit trench, and/or structure is five feet or more in depth, the contractor shall provide adequate sheeting, shoring and bracing or equivalent method, for the protection of life, or limb, which shall conform to the applicable construction safety orders of the division of industrial safety of the state of California. The contractor shall always comply with OSHA requirements.
9. Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained on these plans, the contractor shall contact the Engineer for such further explanations as may be necessary. Existing utilities shall be maintained in service and in place by the contractor during construction unless otherwise shown. References to the state standard specifications and standard Plans refer to 2023 edition.
10. All USA marking to be removed at end of construction.
11. Contractor shall comply with all regulatory agency permit requirements. The qualified biologist, biological surveys, and related reports will be provided by the city.
NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM
(GOV. CODE, SECTION 12990)
Your attention is called to the “Nondiscrimination Clause”, set forth in Section 7-1.02I(2), “Nondiscrimination,” of the State Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the “Standard California Nondiscrimination Construction Contract Specifications” set forth herein. The State Standard Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more.
The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
POTENTIAL CLAIMS AND DISPUTE RESOLUTION
Section 5-1.43, “Potential Claims and Dispute Resolution,” of the State Standard Specifications is amended to read:
Section 5-1.43, “Potential Claims and Dispute Resolution,” -- The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or City of Richmond
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refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have given the Engineer due written notice of potential claim as hereinafter specified.
Compliance with this Section 9-1.04 shall not be a prerequisite as to matters within the scope of the protest provisions in Section 4-1.05, “Changes and Extra Work,” or Section 8-1.05, “Time,” or the notice provisions in Section 4-1.06, “Differing Site Conditions,” or Section 8-1.10, “Liquidated Damages,” or Section 5-1.36C, “Non-Highway Facilities,” nor to any claim which is based on differences in measurements or errors of computation as to contract quantities.
The written notice of potential claim shall be submitted to the Engineer prior to the time that the Contractor performs the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within 15 days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim.
The written notice of potential claim shall be submitted on Form CEM-6201 furnished by the Department and shall be certified with reference to the California False Claims Act, Government Code Sections 12650 - 12655. The notice shall set forth the reasons for which the Contractor believes additional compensation will or may be due and the nature of the costs involved. Unless the amount of potential claim has been stated in the written notice, the Contractor shall, within 15 days of submitting said notice, furnish an estimate of the cost of the affected work and impacts, if any, on project completion. Said estimate of costs may be changed or updated by the Contractor when conditions have changed. When the affected work is completed, the Contractor shall submit substantiation of his actual costs. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim.
It is the intention of this Section 5-1.43 that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.
Should the Contractor, in connection with or subsequent to the assertion of a potential claim, request inspection and copying of documents or records in the possession of the Department that pertain to the potential claim, Contractor shall make its record of the project, as deemed by the Department to be pertinent to the potential claim, available to the Department for inspection and copying.
SUBCONTRACTING
Attention is directed to the provisions in Section 5-1.13, "Subcontracting" of the Standard Specifications and these Special Provisions.
The Contractor shall perform with his own organization contract work amounting to not less than 30 percent (30%) of the original total contract price, except that any designated Specialty Items may be performed by the subcontractor and the amount of such Specialty Items so performed may be deducted from the original total contract price before computing the amount of work required to be performed by the Contractor with his own organization.
PARTIAL PAYMENTS
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Attention is directed to Section 9-1.16E, “Withholds” of the Standard Specifications. Retention will be 5% in accordance with Public Contract Code Section 7201. Section 9- 1.16F “Retentions” of Standard Specifications shall not apply.
The City reserves the right to retain five percent (5%) of the estimated value of the work completed.
The retained funds shall be released to the Contractor no sooner than 30 days after the work acceptance by the City of Richmond City Council. In accordance with Public Contract Code Section 22300, as amended and incorporated herein by reference, the Contractor may substitute securities for moneys withheld to ensure contract performance.
Subject to the exceptions set forth at Public Contract Code Section 7200, in a contract between the Contractor and any subcontractor, and in a contract between a subcontractor and any subcontractor there under, the percentage of the retention proceeds withheld shall not exceed the percentage herein specified. If the Contractor elects to substitute securities for retention, the Contractor may withhold from his or her subcontractors who have not elected to substitute securities for retentions, the amount of retentions that would have otherwise been withheld from payments to the Contractor.
No partial payments will be made for any materials on hand which are furnished but not incorporated in the work.
PAYMENT OF WITHHELD FUNDS
The City shall hold 5% retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
FINAL PAYMENT AND CLAIMS
CONTRACTOR’S AFFIDAVIT AND FINAL RELEASE. After completion of all contract work and prior to requesting release of any moneys held in retention or final payment by the CITY, the CONTRACTOR shall fully execute and deliver to the CITY the document entitled “Affidavit and Final Release,” included in the contract (page C-15).
Section 9-1.17D, “Final Payment and Claims,” of the State Standard Specifications is amended to read:
9-1.17D Final Payment and Claims -- After acceptance by the Director, the Engineer will make a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of said amount, segregated as to contract item quantities, extra work and any other basis for City of Richmond
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payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the contract. All prior estimates and payments shall be subject to correction in the proposed final estimate. The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the contract so that the Engineer receives such written approval or statement of claims no later than close of business on the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of such written approval or statement of claims by the Engineer shall not be later than close of business of the next business day. No claim will be considered that was not included in the written statement of claims, nor will any claim be allowed as to which a notice or protest is required under the provisions in Sections 4-1.05, “Changes and Extra Work,” 8-1.05, “Time,” 8-1.10, “Liquidated Damages,” 4-1.06, “Differing Site Conditions,” 5-1.36C, “Non-Highway Facilities,” and Section 5-1.43, “Potential Claims and Dispute Resolution,” unless the Contractor has complied with the notice or protest requirements in said sections.
On the Contractor’s approval, of if he files no claim within said period of 30 days, the Engineer will issue a final estimate in writing in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City will pay the entire sum so found to be due. Such final estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except as otherwise provided in Sections 5-1.27, “Records,” and 9-1.21, “Clerical Errors.”
If the Contractor within said period of 30 days files claims, the Engineer will issue a semifinal estimate in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City will pay the sum so found to be due. Such semifinal estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except insofar as affected by the claims filed within the time and in the manner required hereunder and except as otherwise provided in Sections 5-1.27, “Records,” and 9-1.21 “Clerical Errors.”
Claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. If additional information or details are required by the Engineer to determine the basis and amount of said claims, the Contractor shall furnish such further information or details are received by the Engineer no later than the fifteenth day after receipt of the written request from the Engineer. If the fifteenth day falls upon a Saturday, Sunday or legal holiday, then receipt of such information or details by the Engineer shall not be later than close of business of the next business day.
Failure to submit such information and details to the Engineer within the time specified will be sufficient cause for denying the claim.
The Contractor shall keep full and complete records of the costs and additional time incurred for any work for which a claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Failure to permit access to such records shall be sufficient cause for denying the claims.
Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:
Under the penalty of law for perjury or falsification and with specific reference to the California False City of Richmond
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Claims Act, Government Code Section 12650 et. seq., the undersigned,
_____________________________________________________,
(Name)
____________________________________________________Of
(Title)
_____________________________________________________,
(Company)
Hereby certifies that the claim for the additional compensation and time, if any, made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties.
Dated_______________________________________________
/s/___________________________________________________
Subscribed and sworn before me this ______ day of _________
______________________________________________________
Notary Public
My Commission Expires_________________________________
Failure to submit the notarized certificate will be sufficient cause for denying the claim.
Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant. Any such overhead claim shall also be subject to audit by the City at its discretion.
Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act.
The Engineer will make the final determination of any claims which remain in dispute after completion of claim review by the Engineer. A board or person designated by said Engineer. The Contractor may meet with the review board or person to make a presentation in support of such claims.
Upon final determination of the claims, the Engineer will then make and issue his final estimate in writing and within 30 days thereafter the City will pay the entire sum, if any, found due thereon. Such final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except as otherwise provided in Sections 5-
1.27, “Records,” and 9-1.21, “Clerical Errors
Claims within the meaning of this section shall refer to all types of claims in whatever manner made by the Contractor, whether written or verbal, whether formal or informal, including requests for extra compensation through Daily Extra Work Reports.
LUMP SUM
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All labor, materials and incidentals shall be provided for the lump sum prices specified in the Bid Schedule.
CONSTRUCTION EQUIPMENT
Attention is directed to Sections 5-1.33, "Equipment”, 5-1.37, "Maintenance and Protection" and 7-
1.02O, “Vehicle Code”, of the Standard Specifications and these Special Provisions.
Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Attention is directed to the statement in Section 591 that this section shall not relieve the Contractor or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment.
NOISE CONTROL REQUIREMENTS
Noise Control shall at minimum conform to the provisions in Section 14-8, "Noise and Vibration", of the Standard Specifications and these Special Provisions.
The noise level from the Contractor's operations, between the hours of 6:00 p.m. and 8:00 a.m., shall not exceed 86 DBA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.
Said noise level requirements shall apply to all equipment and personnel on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor. Increases and Decreases in Work
Section 9- 1.06 “Changed Quantity Payment Adjustments” of the Standard Specifications is modified as follows:
The Engineer may increase, decrease, or eliminate any item of work. If this occurs, the Engineer shall allow no unit price adjustment or additional compensation.
The quantities shown on the Proposal represent a preliminary estimate of the quantities of work to be done and materials to be furnished. They are approximate only, and are given as a basis for the comparison of bids only. The City of Richmond does not expressly or by implication agree that the actual amount of work or materials will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed appropriate by the City Engineer. No adjustment shall be made to the contract unit prices and no additional compensation will be allowed therefor.
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PROJECT RECORD DRAWINGS
Contractor shall keep on file one full size set of construction drawings which s/he shall request from Engineer exclusively for recording all as-built data including all addenda, clarifications, and change orders. Record dimensions and changes during course of construction, at the time field changes are made.
In particular, note changes in locations of underground utilities and piping, recording dimensions, sizes, type and manufacture and all other additions or deletions to the work.
In addition, highlight on the drawings locations of significant items such as main power disconnect, main water and gas shutoff, controls, isolating valves and the like to facilitate proper maintenance and safe options.
Before job completion, submit Record Drawings to Engineer for review in order to determine completeness and accuracy.
Record all as-built data neatly, using standard architectural or engineering drafting practices equal in quality to the contract drawings. Sign and date the drawings, certifying that all information is correct.
Retention will not be released until record drawings are accepted by the Engineer.
PAYROLL RECORDS
Attention is directed to Section 7 -1.02K(3), “Certified Payroll Records”, of the Standard Specifications and these Special Provisions.
As part of the City of Richmond commitment to assist contractors to conveniently comply with legal and contractual requirements, the City has established a Labor Compliance Management System for this project. The system was designed to help reduce contractors’ administrative costs and to provide various work-flow automation features that improve the project reporting process.
Procedural differences between the previous conventional reporting and the new web-based system include:
• Monthly progress payment status reports, fringe benefits statements, weekly certified payroll reports or non-performance reports shall be submitted via the web- based system. Paper copies will no longer be required or accepted.
• Contractor and sub -contractors will be required to enter data for payment date and receipt of payments date onto the web-based system.
Prime and sub- contractors shall have free use of the web based application in reporting weekly certified payrolls and monthly progress payments to reduce paperwork and streamline the reporting process. Payroll reports are due no later than 10 days from the end of the pay week to avoid penalties.
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Upon award of the construction contract, the prime contractor and all subcontractors must use the system for their monthly progress payment status reports, fringe benefits statements, weekly certified payroll reports and non- performance reports. Prime Contractors are also responsible for entering all of the contract/sub-contract amounts for the project. The City will provide training for contractors. Contractors’ payroll staff will be required to attend an hour -long training at a City designated location. It is mandatory that contractors' and sub- contractors’ payroll coordinators or payroll administrators attend the training session.
Full compensation for conforming to the provisions in section “Payroll Records,” shall be considered as included in the contract prices paid for various items of work involved and additional compensation will be allowed therefor.
For more information please contact:
Pamela Christian
City Clerk
PREVAILING WAGE
Attention is directed to Section 7-1.02K(2), "Wages", of the Standard Specifications.
The wage rates determined by the Director of Industrial Relations and published in the Department of Transportation publication entitled "General Prevailing Wage Rates" refer to expiration dates. If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this contract. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the Department of Industrial Relations, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this contract in the same manner as if it has been published in said publication.
If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this contract, each successive predetermined wage rate shall apply to this contract on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rate expires during the life of this contract, such wage rate shall apply to the balance of the contract. Copies of the prevailing wage rates are on file and available for inspection at the California Department of Industrial Relations’ website.
Potential bidders are advised that any Contractor, who intends to use a craft or classification not shown on the general prevailing wage determinations, may be required to pay the wage rate of the craft or classification most closely related to it.
In case of conflict between the Prevailing Wage as specified in this Section and any Federal Minimum Wage that may be specified elsewhere in these Special Provisions, the higher of the two shall prevail. Any amendments to the Federal Minimum Wage Determination issued up to 10 days prior to the bid opening date will become the part of the contract documents.
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CONTRACTOR’S LIABILITY
The City of Richmond, the City Council, the Engineer or their agents and consultants shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; or for damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workmen, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard.
The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions or any time before its completion and final acceptance. So much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of any suits or claims for damages aforesaid.
If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, the Engineer may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due or becoming due the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.
SPECIAL PAYMENT PROVISIONS
The contract is further subject to the following provisions of California Government Code Section 20104.50:
A) For purposed of this article:
1) It is the intent of the Legislature in enacting this section to require all local governments to pay their contractors on time so that these contractors can meet their own obligations. In requiring prompt payment by all local governments, the Legislature hereby finds and declares that the prompt payment of outstanding receipts is not merely a municipal affair, but is, instead, a matter of statewide concern.
2) It is the intent of the Legislature in enacting this article to fully occupy the field of public policy relating to the prompt payment of local governments' outstanding receipts. The Legislature finds and declares that all government officials, including those in local government, must set a standard of prompt payment that any business in the private sector which may contract for services should look towards for guidance.
B) Any local agency which fails to make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
C) Upon receipt of a payment request, each local agency shall act in accordance with both of the following:
1) Each payment request shall be reviewed by the local agency as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.
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2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
D) The number of days available to a local agency to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which a local agency exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (c).
E) For purposes of this article:
1) A “local agency” includes, but is not limited to, a city, including a charter city, a county, and a city and county, and is any public entity subject to this part.
2) A “progress payment” includes all payments due contractors, except that portion of the final payment designated by the contract as retention earnings.
3) A payment request shall be considered properly executed if funds are available for payment of the payment request, and payment is not delayed due to an audit inquiry by the financial officer of the local agency.
F) Each local agency shall require that this article, or a summary thereof, be set forth in the terms of any contract subject to this article.
BUY AMERICA REQUIREMENTS
Attention is directed to the “Buy America” requirement of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048 (a), and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic galvanizing, painting, and any other coating that protects or enhances the value of such steel or iron materials shall be considered a manufacturing process subject to the “Buy America” requirements.
A Certificate of Compliance, conforming to the provisions in Section 6-3.05E, “Certificates of Compliance,” of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials occurred in the United States, except for the exceptions allowed herein.
The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into the work.
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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-6 - MATERIALS
CERTIFICATES OF COMPLIANCE
Where specifically required by the Standard Specifications or by these Special Provisions the Contractor shall furnish certificates of compliance. The Contractor shall provide one set of delivery tags at the end of each day to the inspector for all materials incorporated into the work.
GENERAL
Attention is directed to Section 6, "Control of Materials", of the Caltrans Standard Specifications and these Special Provisions.
All materials required to complete the work under this contract shall be furnished by the Contractor.
SHOP DRAWINGS AND SUBMITTALS
Submittals shall be made in advance of the planned incorporation of the materials into the work. The Contractor shall submit shop drawings and submittals, subject to the approval of the City or its appointed representative, in accordance with the requirements of the Special Provisions.
The Contractor shall submit sufficient information, specifications, and product data including special provision section, the vendor’s name, the manufacturer’s name if different from the vendor’s, trade name, and model number or code for each product to demonstrate compliance with the project requirements. The Contractor shall resubmit additional or revised information as may be required by the City or its appointed representative in a like manner. No material shall be used in the work until written acceptance of the submittal has been made by the city or its appointed representative.
The Contractor shall submit digital files (PDF format) for all shop drawings, and other submittals, except that at least two samples shall be submitted where samples are required per these Special Provisions. Submittals shall bear a stamp or specific written statement that the Contractor has satisfied its responsibilities under the Contract Documents with respect to the review of the submittal. All submittals shall be identified clearly as to materials, supplier, pertinent data such as catalog numbers and the use for which intended, as the City may require. The data shown on the shop drawings, samples, or other submittals shall be complete with respect to quantities, dimensions, specified performance, design criteria, materials and similar data to enable review of the information by the City.
The Contractor shall submit all shop drawings, samples and other submittals required by the Contract Documents to the City with such promptness as to cause no delay in the work.
Before submission of each shop drawing, sample or other submittal, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed and coordinated each shop drawing sample or other submittal with each other and with the requirements of the Contract Documents and the work.
At the time of each submission, the Contractor shall give the City SPECIFIC WRITTEN NOTICE OF EACH VARIATION that the shop drawings, samples or other submittals may have from the requirements of the Contract Documents and, in addition, shall cause a specific notation of each such City of Richmond
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variation to be made for each shop drawing, sample and other submittal.
Review of shop drawings, samples or other submittals by the City or any party acting on the City’s behalf shall not relieve the Contractor from responsibility for any variation from the requirements of the Contract Documents unless the Contractor has in writing called the Engineer’s attention that the variation at the time of submission as required and the Contractor has received written acknowledgement of each such variation incorporated into or accompanying the approval of each shop drawing, sample or other submittal. No review by the City or parties acting on behalf of the City shall relieve the Contractor from responsibility for errors or omissions in the shop drawing, sample or other submittal.
The City or its appointed representative will endeavor to have the shop drawings, samples or other submittals reviewed and returned to the Contractor, with a written indication of approval or the reason for rejection, not later than 10 working days after the date of submission to the City.
The Contractor shall make at its own expense any corrections to the shop drawings, samples or other submittals that are required by the City and the Contractor shall resubmit the required number of corrected copies. The Contractor shall indicate in writing on each resubmittal any revisions other than or in addition to the corrections required in the previous submittals.
Where a shop drawing, sample or other submittal is required by the Contract Documents, any related work performed prior to the review, approval, and return to the Contractor of the pertinent submittal shall be at the sole risk, expense and responsibility of the Contractor.
Shop drawings, samples and other submittals, in any part, in any form or in any stage of review or approval shall not constitute Contract Documents or parts thereof.
The Contractor shall submit the following submittals to the City or its appointed representative at the preconstruction conference:
• Detailed project schedule in critical path format for the entire project • Emergency contact names and phone numbers.
• Construction site Best Management Practices (BMP’s) for preparation of the Water Pollution Control Program (WPCP)
• Location of proposed staging/storage areas
• Sources of materials and locations at which the materials will be available for inspection • Traffic control plans, including traffic control supervisor proof of certification (separate submittals for sewer and pavement work)
• Sheeting and Shoring Plan
• All Submittals related to excavation
• OSHA and other necessary Safety permits
• A complete list of required submittals for City review, including specification section references and anticipated submittal dates. Items shall be arranged in order with the Special Provisions.
Please note that only submittals required at or prior to the preconstruction meeting are listed above. No attempt has been made to summarize a list of all required Submittals for this project. The Contractor shall review the Plans and Specifications carefully and submit shop drawings and submittals as required.
City of Richmond
Lincoln Elementary School Safe Route Improvements
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After the Contract’s list of required submittals is favorably reviewed and returned to the City or its appointed representative, it shall become the basis for future submittal the submissions. An incomplete submittal list shall not be the basis for avoiding a submittal required by the Contract Documents. No work shall proceed on any item until it has been submitted and favorably reviewed. An incomplete submittal list is not a basis for avoiding a submittal required by the Specifications
RELATIVE COMPACTION
The City or its designated representative may conduct compaction tests to determine compliance with the provisions of these specifications. Compaction tests will be performed at intervals and at depths necessary for determining compliance with the compaction requirements of the Special Provisions and as shown on the plans. If the material as placed does not meet the compaction requirements, the Contractor shall re-compact the material or remove, replace and re- compact. New compaction tests will be taken on the re-compacted material until compaction requirements are met. All such repeated compaction tests will be performed at the cost of the Contractor.
Relative compaction is to be determined by the ASTM D 1557 most recent laboratory test procedure.
REQUEST FOR SUBSTITUTION OF MATERIALS
Pursuant to California Public Contract Code Section 3400, the City shall not limit the bidding, directly or indirectly, to any one specific concern. Whenever any particular material (for the purpose of this section, the term “material” includes any product, thing, equipment, or service) is indicated in the Contract Documents by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words “or equal.” A listing of materials is not intended to be comprehensive, or in order of preference.
Unless Contractor submits a request for substitution of “equal” materials in accordance with the requirements of the Contract Documents, and unless the City approves the substitution, the Contractor shall furnish and install the specified materials for the Contract Amount.
Contractor shall, at its expense, furnish data, which substantiates that the requested substitute material is “equal” to the materials identified in the Contract Documents. The Contractor shall, at its expense, have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the requested substitute material will fulfill its intended function, and will sufficiently match other materials in use by the City on public improvements either completed or in the course of completion.
Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the requested substitute material is equal.
All data and test results submitted by Contractor in substantiation of the requested substitute material shall be submitted to the Engineer no later than fifteen calendar days prior to the earlier of: (a) the date on which Contractor is required to order the material in accordance with the Project Schedule; or (b) the date on which Contractor is required to submit shop drawings or submittals regarding the material to the City, in accordance with the Project Schedule.
Within fifteen calendar days after the Contractor submits all substantiation of the offer, the Engineer shall either: (a) issue a written determination to the Contractor, as to whether or not the requested City of Richmond
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substitute material may be used in the performance of the Contract Documents; or (b) if the Engineer fails to issue a written determination within fifteen calendar, the requested substitute material shall be deemed rejected. If the Engineer determines that the substitute material may be used, he will issue a Change Order to the Contractor for such use on the project. The Engineer’s determination shall be final.
The Contractor shall not order, install or use the substitute material unless and until approved by Change Order.
If a requested substitute material is not found to be equal to the material specified in the Contract Documents, Contractor shall furnish and install the specified material at the Contract Amount.
Contractor shall not be entitled to an extension of Contract Time resulting from a request for a substitution of materials.
Lines and Grades
The Contractor will furnish his own layout and control lines necessary for the construction of the improvements covered by this contract and as shown on the plans. The Contractor shall be responsible for all layout and control costs.
The Contractor shall provide all necessary surveys, field staking, and positioning for the construction of all components at the proper alignment, elevations, grades, and positions, as indicated on the Drawings and as required for the proper operation and function.
PAYMENTS
Payments for materials and supplies stored or not installed in their final position will not be allowed.
MEASUREMENTS AND PAYMENTS
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-7 – Description of Work
128
SECTION SP-7 - DESCRIPTION OF WORK
GENERAL
In general, the work will include pedestrian enhancements along Chanslor, 5th St and 6th St near Lincoln School and at Chanslor Ave and 4th St to improve the safety for school children by adding median refuges and raised intersection; installing raised pedestrian crosswalks with pedestrian-actuated flashing beacons/signs along the Richmond Greenway (Class I bicycle and pedestrian trail) crossings at 2nd Street, 4th Street, 6th Street, and 8th Street that are required by the Drawings, Standard Specifications, of these Special Provisions.
COMPENSATION
Compensation for all work specified to be performed under this contract and shown on the drawings will be made under the payment items listed herein. The contract prices for the said payment items shall be full compensation for all of the costs in connection therewith, including furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in completing each item herein as specified. Principal features of the work to be included under the various payment items are noted. Work not specifically mentioned shall be included for payment under the items to which such work is applicable. The quantity to be paid for will be the number of or amount of the items acceptably installed complete in place, as determined by the Engineer.
BID
The Bid includes all the work included in the plans.
Contract award will be based on the lowest responsive bidder for the Bid whose bid complies with all the requirements prescribed.
QUALITY ASSURANCE (STANDARD SPECIFICATION 6-3.05)
The City uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract.
You may examine the records and reports of tests the City performs if they are available at the job site. Schedule work to allow time for QAP.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-8 – Order of Work
129
SECTION SP-8 - ORDER OF WORK
GENERAL
Order of work shall conform to the provisions specified herein. Also, when required by the special provisions or plans, the Contractor shall follow the sequence of operations as set forth therein.
Construction activities shall adhere to the special construction constraints indicated in the Drawings and specified in these Special Provision unless written permission to deviate from these requirements is provided by the City.
PROJECT MEETINGS
The City or its appointed representative may call, schedule, and conduct project meetings to be attended by the Contractor and, at the request of the City or its appointed representative, subcontractors, suppliers, and personnel performing services or providing materials to the Project. Project review meetings will be held weekly with the contractor and subcontractors if needed. Project progress meetings will be scheduled weekly.
Prior to commencement of Work, Contractor shall meet with the Engineer (and other City employees and consultants) to discuss the Construction Schedule, the Schedule of Values, the Submittal Schedule, and contract administration procedures, including: project meetings, submittal and review of invoices, submittal and review of shop drawings, and procedures for communications
Order of work shall be scheduled such that the work can be carried out in an efficient manner. The order of work shall include:
1. Submit traffic control, schedule, and water pollution control plan
2. Establish traffic control and water pollution control systems
3. Complete Underground Service Alert
4. Install Solar Rectangular Rapid Flashing Beacon
5. Complete Concrete work
6. Complete striping work
MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-10 – Progress Schedule
130
SECTION SP-9 - COOPERATION AND SCHEDULING WORK
Attention is directed to Section 5 -1.36D, "Nonhighway Facilities," of the Standard Specifications and these special provisions.
SCHEDULE
Contractor shall submit (at the preconstruction conference) and shall maintain (throughout performance of Work) an up to date Construction Schedule, providing an orderly, feasible, and realistic progression of the Work to final completion within the Contract Time, and completion milestones. The Construction Schedule, and each update, shall be subject to the review and approval of the Engineer, and shall accurately reflect Contractor’s actual intent and reasonable expectations regarding the sequences of activities, productivity, or efficiency, expected weather conditions, completion of any activity or item of Work, delays or problems encountered or anticipated, and specified float time. At a minimum, subject to the approval of the Engineer, the Construction Schedule shall be in a sufficient level of detail to show the coordination of all items of work for a 20 work day period, with an overall master schedule for the final completion of the Work within the Contract Time.
The Construction Schedule shall be prepared in a critical path network format, with critical paths clearly indicated. Each scheduled activity shall be matched with an item on the Schedule of Values.
The Construction Schedule shall incorporate the Schedule of Submittals (and shop drawings). In addition to a graphic plot of the network, the Construction Schedule shall include reports sorting and listing the activities in order of increasing float, by early start dates, and by late start dates.
Contractor shall regularly update the Construction Schedule, not less than weekly, so that it accurately reflects the progress of the Work (including all change orders), and final completion of the Work within the Contract Time.
If Contractor is not diligently proceeding with the prosecution of the Work as set forth in the Construction Schedule, Contractor shall, immediately and at no additional cost to the City, take all measures necessary, including: increasing the number of employees, or working overtime, additional shifts, Sundays, or holidays, as may be required to ensure final completion of the Work within the Contract Time.
The City shall not be responsible for failure of the Contractor to plan, schedule and perform the Work in accordance with the Master Schedule or the Contractor’s Construction Schedule, or the Contractor’s failure to cooperate with other contractors, or the contractor’s failure to meet scheduled completion dates or the schedule and coordinate the work of the Contractor’s own subcontractors or suppliers.
Contractor shall submit (at the preconstruction conference) and shall maintain (throughout performance of Work) an up to date Construction Schedule, providing an orderly, feasible, and realistic progression of the Work to final completion within the Contract Time, and completion milestones. The Construction Schedule, and each update, shall be subject to the review and approval of the Engineer, and shall accurately reflect Contractor’s actual intent and reasonable expectations regarding the sequences of activities, productivity, or efficiency, expected weather conditions, completion of any activity or item of Work, delays or problems encountered or anticipated, and specified float time. At a minimum, subject City of Richmond
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to the approval of the Engineer, the Construction Schedule shall be in a sufficient level of detail to show the coordination of all items of work for a 20 work day period, with an overall master schedule for the final completion of the Work within the Contract Time.
The Construction Schedule shall be prepared in a critical path network format, with critical paths clearly indicated. Each scheduled activity shall be matched with an item on the Schedule of Values. The Construction Schedule shall incorporate the Schedule of Submittals (and shop drawings). In addition to a graphic plot of the network, the Construction Schedule shall include reports sorting and listing the activities in order of increasing float, by early start dates, and by late start dates.
Contractor shall regularly update the Construction Schedule, not less than weekly, so that it accurately reflects the progress of the Work (including all change orders), and final completion of the Work within the Contract Time.
If Contractor is not diligently proceeding with the prosecution of the Work as set forth in the Construction Schedule, Contractor shall, immediately and at no additional cost to the City, take all measures necessary, including: increasing the number of employees, or working overtime, additional shifts, Sundays, or holidays, as may be required to ensure final completion of the Work within the Contract Time.
The City shall not be responsible for failure of the Contractor to plan, schedule and perform the Work in accordance with the Master Schedule or the Contractor’s Construction Schedule, or the Contractor’s failure to cooperate with other contractors, or the contractor’s failure to meet scheduled completion dates or the schedule and coordinate the work of the Contractor’s own subcontractors or suppliers.
The Contractor shall coordinate his work with that of the public utility companies who may be working in the project area. No additional time will be allotted under the contract time of completion for this coordination.
MEASUREMENT AND PAYMENT
Full compensation for adhering to the provisions of this special provision shall be considered as included in the price paid for the various contract items of work, and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-10 – Progress Schedule
132
SECTION SP-10 - PROGRESS SCHEDULE
Progress schedules will be required for this contract and shall conform to the provisions in Section 8-1.02, "Schedule", of the Standard Specification, and these Special Provisions.
Contractor shall submit a weekly construction schedule in a form provided by, or acceptable to, the Engineer. The schedule shall include the locations where work was performed on previous weeks and where work will be performed the following week, the work status at each location, and completion dates. The submittal day will be determined during the pre-construction conference.
No work may begin under contract until the progress schedule and Traffic Control Plan have been approved by the Engineer. Time required for review and approval of these items shall not constitute a basis for time extension.
It will be the responsibility of the Contractor to arrange for the towing and removal of any vehicles which have not been removed by the owner and which interfere with any operations.
MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-11 – Existing Facilities/Cooperation
133
SECTION SP-11 - EXISTING FACILITIES/COOPERATION
Attention is directed to Section 5-1.20, “Coordination with Other Entities” and Section 5-1.36, "Property and Facility Preservation", of the Standard Specifications and these Special Provisions.
The Plans do not show the location of underground utilities. The Contractor shall assume underground utilities are located within the project area. The Contractor shall be responsible for verifying the exact location and depth of existing utilities in the field. Where excavation is contemplated, the Contractor shall notify Underground Service Alert (USA) at 811 prior to excavation.
Where excavations are performed in the vicinity of underground utility services, the Contractor shall, as necessary, perform initial exploratory excavations to determine their exact depth and location. Extreme care shall be exercised to avoid damage as it will be the Contractor’s sole responsibility to have the repairs made to the existing facilities at his/her own expense.
OBSTRUCTIONS AND UTILITY COORDINATION
The Contractor's attention is directed to the existence of certain underground facilities which may require that special precautions be taken by the Contractor to protect the health, safety and welfare of workmen and of the public. Facilities requiring special precautions include, but are not limited to:
conductors of petroleum products, oxygen, chlorine, and toxic or flammable gases; natural gas in pipelines greater than 6 inches in diameter or pipelines operating at pressures greater than 60 psi (gage); underground electric supply system conductors or cables either directly buried or in duct or conduit which do not have concentric neutral conductors or other effectively ground metal shields or sheaths; and underground electrical conductors with potential to ground more than 300 volts. The Contractor shall submit an emergency response plan to the Engineer for review. The plan shall detail procedures that will be taken in the event that a high risk utility is damaged during construction. The Contractor shall notify the Engineer at least forty-eight (48) hours prior to performing any work in the vicinity of such facilities.
The Contractor shall call USA at (800) 227-2600 to mark the locations of all underground utilities at least seventy-two (72) hours before the intended start of excavation. Contractor shall document all USA requests and provide to Engineer. The Contractor shall remove all project USA markings, Engineer markings, and Survey markings, prior to project completion.
Any damage to any utility due to the Contractor's operations shall be repaired or replaced by the Contractor to the satisfaction of the Engineer. Contractor shall use extra caution prior to excavating where utility lateral locations are not known, and shall repair property damage caused by damage to any utility.
The City of Richmond will not locate its sewer, storm drain, electrical, traffic signal, or fiber optic communications system. The Contractor shall retain a utility locating services and coordinate with the Engineer to identify the location of these City owned facilities.
In accordance with Public Contract Code Section 7104, Contractor shall notify the City of any hazardous waste or other unusual conditions discovered while performing exploratory excavations.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-11 – Existing Facilities/Cooperation
134
UTILITY COORDINATION
The Contractor shall cooperate with any forces so that the work will be handled in an efficient manner. The following utility companies may be involved:
1. PG&E (Gas, Electric)
2. EBMUD (Water)
3. AT&T (Communications)
4. Comcast (Communications)
5. City of Richmond (Storm Drains, Sewer, Street Lighting, Traffic Signal, and Communications)
The Contractor is responsible for contacting the City of Richmond at least 48 hours prior to either the disconnect of any traffic signal interconnect, or to subsurface work in the vicinity of the traffic signal interconnect system.
DELAYS
The Contractor shall receive no additional compensation for delays or inconvenience caused by utility relocations and/or adjustments. The delay caused by these relocations and/or adjustments shall not count towards the Contractor’s “working days.”
SURVEY MONUMENTS
Existing survey monuments shall be preserved, referenced or replaced pursuant to the requirements of State of California Streets and Highways Code Sections 732.5, 1492.5, and 1810.5 and Business and Professions Code Section 8771, and City Standard Plans S-19 and S-20 and the following:
Prior to starting any construction, all monuments within the work zone shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer and a corner record or record of survey of the references shall be filed with the county surveyor.
Unless otherwise shown in the Drawings, the Contractor shall not disturb permanent survey monuments or bench marks without consent of the Engineer. The Contractor shall bear the expense of replacing any monument or benchmark that is disturbed without permission. Replacement shall be done only with the direction of and in the presence of the Construction Manager.
Any monuments that are disturbed by the contractor shall be replaced by a professional land surveyor registered in the State of California, and a record of survey shall be prepared and filed.
The contractor shall exercise caution when working around monuments so as not to disturb them.
During cold planning, grinding, excavation or other operations, the Contractor shall work around survey monuments unless specifically otherwise indicated on the Plans. If a monument is disturbed or damaged during adjusting, or other operations, the Contractor shall be responsible for all costs associated with the reestablishment of the monument including but not limited to surveying performed by a Licensed Surveyor and filing documents with County and constructing the new monument in accordance with City of Richmond Standard Detail 30-AA-1045 and 30-A-1049.
Should the Contractor during the course of construction encounter a survey monument or bench mark not shown on the Drawings, they shall promptly notify the Engineer in writing so that the monument or City of Richmond
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bench mark may be referenced, preserved, and/or restored accordingly.
Where a monument will be disturbed and replaced, the existing monument, typically consisting of a concrete core and brass tack, nail or other marking device located inside of a survey monument cover with frame, shall not be disturbed until a Licensed Surveyor has arranged for establishment of reference points to preserve the location of the monument. The Contractor shall be responsible for the Record of Survey preparation and filing.
Survey monument shall be reset in conformance with City of Richmond Standard Detail 30-AA-1045 and 30-A-1049 in the surface of the new construction and a suitable monument box placed thereon.
MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-12 – Dust Control
136
SECTION SP-12 - DUST CONTROL
Dust control shall conform to the provisions in Section 14-11.04, "Dust Control", of the Standard Specifications and these special provisions.
Contractor shall exercise diligence in preventing dust nuisance. When necessary, or when directed by the Engineer, the Contractor shall apply water for allaying dust caused by grading operations and passage of traffic through the work. Water shall be applied by means of pressure type distributors equipped with a spray system that will insure a uniform application.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this Special Provision, not otherwise provided for, shall be considered as included in the price paid for the various related contract items of work, and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-13 – Property and Facility Preservation
137
SECTION SP-13 - PROPERTY AND FACILITY PRESERVATION
Attention is directed to the provisions in Section 5-1.36, "Property and Facility Preservation”, of the State Standard Specifications and these Special Provisions.
The Contractor shall make a thorough investigation of the job site and size equipment accordingly. The Contractor shall select equipment to avoid damaging existing facilities, which include, but are not limited to: street paving, traffic controls, sidewalks, curbs and gutters, etc.
The Contractor at no cost to the City shall restore any damage caused by oversized equipment.
MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-14 – Submittals
138
SECTION SP-14 - SUBMITTALS
The Contractor shall provide submittals for all materials, product data, working/shop drawings, diagrams, schedules, or other data prepared by the Contractor in accordance to the Contract requirements. The submittals shall not modify any Contract requirement.
The Contractor shall provide a certificate of compliance from its material suppliers, in advance of the work, that each conforms to the requirements of these specifications. The Contractor shall also furnish to the City in triplicate, certified copies of all factory and mill test reports when required by the Engineer. The Certificate shall be signed by the manufacturer of the material. The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance alone.
The list of technical submittals shall include, but not be limited to the following:
Schedules of work
Traffic Control Plans for each stage
of work Stormwater Pollution
Management Plan Hot Mix Asphalt
Concrete
Detectable Warning
Surfacing Aggregate
Base
Signs and Barricades
Pre-formed Thermoplastic Crosswalk
Marking Solar Rectangular Rapid
Flashing Beacon Thermoplastic Striping
Submittals shall be shown on the schedule and shall not be critical path items of work.
All Contractor required submittals, except as noted, shall be reviewed by the Engineer and returned to the Contractor within 10 working days from the date of receipt by the Engineer. In addition, the Contractor shall allow the City identical time periods for any rejected submittals that are re-submitted for approval.
The Engineer’s review of Contractor shop drawing submittals shall not relieve the Contractor of the entire responsibility for the correctness of details and dimension. The Contractor shall assume all responsibility and risk for any misfits due to any errors in Contractor submittals. The Contractor shall be responsible for the dimensions and the design of adequate connections and details. Acceptance by the Engineer of a substitute item proposed by the Contractor shall not relieve the Contractor of the responsibility for full compliance with the Contract Documents and for adequacy of the substitute item.
M
EASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-15 – Mobilization
139
SECTION SP-15 - MOBILIZATION
Mobilization shall conform to the provisions of Section 9-1.16D, “Mobilization” of the State Standard Specifications and these Special Provisions. The total cost for mobilization should not exceed 5% of the total bid price. Any amount bid on the bid schedule in excess of 5% shall be withheld from payment until the completion of the project, to be paid as part of the final payment.
Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies incidental to the project site, for the establishment of all offices, buildings and other facilities necessary for work on the project and for all other work and operations which must be performed or for project costs incurred prior to beginning work on the various Contract items.
Sanitary restroom facilities shall be provided and maintained, by the Contractor, on the project site.
The Contractor proposed locations for restroom facilities shall be reviewed with the Engineer prior to delivery and placement of the restroom facility.
The Contractor shall develop a temporary construction staging area for the storage and operation of construction equipment and supplies. The staging area shall be located on a portion of paved public roadway adjacent to the project site. No staging of equipment or material will be permitted on any unpaved area or private property.
The Contractor shall submit a plan describing the construction staging area to the Engineer for approval. The Contractor shall not permit any waste or damage to be done to the staging area and shall maintain the area in good condition, free of litter and debris. Upon completion of the work, the area shall be restored to its pre-construction or better condition, including the repair of any damaged pavement, curbs, markings, or other public infrastructure components.
Where shown on the bid schedule, the total cost for mobilization for that bid schedule shall not exceed 5% of the total bid price less the cost for mobilization.
NOTIFICATIONS
Public notification shall consist of a procedure of written one-week notices (handouts and/or mailings), and door-to-door notifications 24 hours prior to starting work for every phase of construction (traffic control, excavation, piling, wood lagging, etc.) as described below. A copy of all written notices shall be submitted to the Engineer for approval at least one week prior to handout and/or mailing.
The Contractor shall provide a written advanced notice to all residents residing on the project streets and including side/cross streets adjacent, and all emergency, public transportation, and garbage/recycle collection services by letter of the pending work, at least five (5) working days, but not more than seven (7) working days, prior to start of construction on each project street. Work shall be scheduled to avoid interruption of garbage/recycling collection services. Contact Richmond Sanitary Services at (510) 262-7100, 3260 Blume Drive, Richmond for service schedules. Notifications shall include the following information:
• Identification of Contractor(s) including emergency contact name(s) and phone number(s), • Description of work,
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• Dates and times of construction, and
• Information regarding street closures and/or detouring.
On the day before work on a specific project street is to begin, the Contractor shall securely attach a door hanger with notice. This door-to-door notification shall provide the same information as the one- week notice. Each notice remaining on the door on the evening of construction completion shall be picked up and disposed of by the Contractor.
The contractor shall photograph or video the entire site, each storefront and residence, and each existing improvement prior to construction. The contractor shall also document the location and type of existing signs so that they may be replaced in kind.
Note that the City has not provided a laydown area for the Contractor. The Contractor shall be responsible for establishing a laydown area.
Contractor shall document all design changes and prepare red lined plans representing the finished field conditions.
Cleanup, demobilization of the Contractor’s forces, and leaving the job site after the work is completed. On completion of the work, the Contractor shall clean all portions of the project area.
This work includes removing all debris, street sweeping, clearing Underground Service Alert marks, and power washing sidewalks.
Measurement and Payment
The contract lump sum price paid for Mobilization (Bid Item 1) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in mobilization, complete in place, including but not limited to preparing and distributing notifications, General Provisions, plans, specifications, construction schedule, bonds, preparation and submittal of all project records and documents; obtaining all required permits, licenses, and paying all applicable fees, developing and submitting construction schedules and updates, delivery of all materials and equipment to the site required for operation, all preparatory work, public notifications, public utility coordination, coordination and cooperation required, attending project meetings, developing construction water supply, providing and removing on- site sanitary facilities, developing a temporary construction staging area, insurance and bonds; demobilization and all other mobilization work as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.
***This value shall not exceed 5% of the sum of the other items of work listed in the bid schedule***
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-16 – Construction Layout
141
SECTION SP-16 - CONSTRUCTION LAYOUT
The Contractor shall provide all construction staking and surveying. All working stakes shall be established by a licensed Land Surveyor or a registered Civil Engineer authorized to practice land surveying pursuant to Section 8725 of the Business and Professions Code of California. The Contractor shall be held responsible for the correctness of such working stakes. The Contractor shall furnish the City Engineer legible notes ten (10) calendar days prior to the Contractor starting work in the area staked. The notes shall show the location of the working stakes in relation to the construction centerline or reference line, and all calculations used to reach the results of information written on the working stake marker. The location of the working stakes shall conform to the latest edition of the Caltrans Surveys Manual as shown in Chapter 12.
The Contractor shall provide a qualified “Grade Setter” to check horizontal and vertical alignment of all improvements in progress so that improvements will be built to conform to the lines, widths, and grades on the approved plans or any change order issued by the Engineer. The Contractor shall make available the “Grade Setter” to work with the City’s Inspector on checking or verifying all grade stakes, blue tops, form work, etc., when requested by the Inspector. The “Grade Setter” shall provide all necessary equipment and tools to perform this work.
Since this is in various bid items, the Contractor is responsible for any and all re-staking expenses. The only exception is if there is found to be an error in the approved plans. All additional cost considerations will be included as part of any Change Order.
The Contractor shall preserve all existing benchmarks, survey control points, reference points, and other permanent points within the project limits. Unless noted in the plans, any survey control damaged by the Contractor shall be replaced by the Contractor’s licensed Land Surveyor at no cost to the Engineer.
In addition to the survey work required for establishing “…the lines, widths, and grades on the approved plans (etc)”, the Contractor shall engage the services of a licensed land surveyor to fully comply with §8771(b) of the Land Surveyors’ Act. This work consists of locating and referencing any/all survey monument(s) that might be “destroyed, damaged, covered, or otherwise obliterated” during the prosecution of this contract. All known reference points are shown in the Plans. Thereafter, the Contractor’s surveyor shall prepare, submit, and file for pre-construction and post-construction Corner Records as required.
Monument Preservation
As required by the State of California, the Contractor shall preserve all existing benchmarks, survey control points, reference points, and other permanent points within the project limits hereinafter referred to as Points. All Points may not be shown in the Plans. If the Contractor believes there is a Point that may be disrupted, they shall contact the Engineer immediately.
Any of the Points that are damaged shall be replaced by the Contractor at no cost to the Engineer.
This will require referencing of the Point, staking the Point, installing the Point, and filing a record of survey with Contra Costa County. Where required, this work shall be completed by a State of California licensed Land Surveyor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-16 – Construction Layout
142
MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-17 – Clearing and Grubbing
143
SECTION SP-17 - CLEARING AND GRUBBING
Clearing, Grubbing and Removals shall conform to the provisions of Section 17- 2 “Clearing and Grubbing” of the State Standard Specifications and these Special Provisions. Clearing, Grubbing and Removals shall consist of thoroughly sweeping and cleaning surfaces prior to resurfacing, removal and disposal of raised pavement markers, existing weeds, brush, or other objectionable material in or along the edge of areas to receive work.
Contractor shall keep existing streets free from dirt and debris at all times. Contractor shall be prepared to sweep surfaces immediately at the request of the Engineer should he deems it is necessary for safety of public and to avoid damage to properties.
When required, existing thermoplastic pavement markings shall be removed in accordance with Section 14-11.12 of the State Standard Specifications and all applicable state laws and regulations.
Existing pavement markers shall be removed in accordance with Section 81-8 of the State Standard Specifications.
Contractor shall trim overhanging limbs that may be in conflict with paving and other construction activities. Tree, roots, and bush pruning shall be performed by a certified arborist and in accordance with "Pruning Standards," published by the Western Chapter of the International Society of Arboriculture.
Contractor shall remove existing landscaping (hard and soft) which is in conflict with the new improvements.
MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-18 – Storm Water Pollution Management
144
SECTION SP-18 - STORM WATER POLLUTION MANAGEMENT
All Contractors and Subcontractors working on City of Richmond projects are required to comply with the pollution control measures included in Appendix “D” of these Special Provisions.
Additionally, the Contractors shall follow any local, State or Federal regulations and ordinances on construction pollution control.
The Contractor shall prepare a Water Pollution Control Program (WPCP) that pertains to the project in accordance with Section 13- 2 of the Standard Specifications for review and approval by the Engineer. The Contractor shall be responsible for installing and maintaining storm water control devices noted in the WPCP for the project’s duration in accordance with Section 13 of the Standard Specifications. The Contractor shall modify the installed pollution control devices as directed by the Engineer. When the project is complete, the Contractor shall remove and legally dispose all water pollution control devices.
The Contractor shall prepare and submit three (3) copies of the WPCP to the Engineer at or before the pre - construction meeting. The Engineer will have 3 days to review the WPCP. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the WPCP within 2 days of receipt of the Engineer's comments. The Engineer will have 2 days to review the revisions. Upon the Engineer's approval of the WPCP, three (3) additional copies of the WPCP incorporating the required changes shall be submitted to the Engineer. Minor changes or clarifications to the initial submittal may be made and attached as amendments to the WPCP. In order to allow construction activities to proceed, the Engineer may conditionally approve the WPCP while minor revisions or amendments are being completed.
Engineer shall not issue Notice To Proceed until WPCP is approved.
Unless otherwise directed by the Engineer or specified in these special provisions, the Contractor's responsibility for WPCP implementation shall continue throughout any temporary suspension of work ordered in conformance with the provisions in Section 13- 2.03, "Construction," of the Standard Specifications. Requirements for installation, construction, inspection, maintenance, removal, and disposal of control measures shall be as described in the approved WPCP.
W
hen no longer required for the purpose, as determined by the Engineer, temporary drainage inlet protection facilities and other features shall be removed. Removed facilities shall become the property of the Contractor and shall be disposed of outside the highway right of way in conformance with the provisions in Section 17- 2.03D, "Disposal of Material” of these Special Provisions.
MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-19 – Traffic Control and Construction Area Signs 145
SECTION SP-19 - TRAFFIC CONTROL AND CONSTRUCTION AREA SIGNS
The Contractor shall comply with Section 7- 1.04, “Public Safety” and Section 12-3, “Temporary Traffic Control Devices” of the Standard Specifications and these Special Provisions.
The Contractor shall not implement a traffic control system until public noticing described herein is complete, obtain an encroachment permit from the City of Richmond as well as obtained approval of the traffic control plans from the Engineer. For the purpose of this section, traffic pertains to truck and motor vehicles, pedestrians, bicyclists, and public transit operations.
Traffic Control Plan Submittal
As previously described in the Submittals section of these Special Provisions, the Contractor shall submit a detailed plan to the Engineer describing how you propose to manage traffic while performing the work. This Plan shall be coordinated with the following agencies:
Alameda Contra Costa County Transit Agency
(ACTransit) Richmond Waste Collection
US Post Office
The Plan shall detail:
Your sequence and type of work to be performed and
duration Your proposed traffic handling through the
work zone Accessible pedestrian routing plan through
the work zone
Your proposed plan to allow access to residents and tenants within the work zone
The traffic control plans shall not be general, but specific to the project and of sufficient detail for the Engineer to understand your method of traffic management. Your plans shall be consistent with the latest California edition of the Manual of Uniform Traffic Control Devices.
The Engineer will NOT issue the Notice to Proceed until the traffic control plan is approved.
Construction Area Signs
Once construction starts, the Contractor shall furnish and install construction area signs to inform motorists, pedestrians, and bicyclists of work in the streets and sidewalks. These signs may include, but are not limited to, “Road Construction Ahead”, “Detour Ahead”, “Road Closed”.
Construction area signs shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 12-3, “Temporary Traffic Control Devices” of the Standard Specifications and these Special Provisions. Construction area signs shall be metal, with reflective coating, black on orange, and securely mounted. Signs shall be kept clean and in good repair. The Contractor’s traffic control plan shall show the location of the signs.
The Contractor shall be responsible for providing, placing, and installing all construction area signs. Traffic Control System
The Contractor shall implement the traffic control system as approved by the Engineer. If warranted by field conditions, the Contractor shall adjust the system as directed by the Engineer.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-19 – Traffic Control and Construction Area Signs 146
The Contractor shall provide and implement all traffic handling devices and equipment as described in Sections 12-3 and 12-4 of the Standard Specifications.
If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the component to its original condition or replace the component, and shall restore the component to its original location.
At the end of each workday, the Contractor shall open all streets for access and remove traffic control devices except for those providing advanced warning near work zones. Traffic control devices shall not be stored within public streets.
The Contractor shall allow traffic flow in two directions at all times providing two travel lanes of at least 10 feet each. When this is not possible, the Contractor shall provide flaggers to control traffic. Section 12- 1.04 of the Standard Specifications is deleted; the cost for flaggers is the Contractor’s responsibility.
All excavations shall be backfilled or covered with steel trench plates suitable for traffic loading, at the end of each day’s work. Trench plates shall be securely anchored in place and have temporary asphalt ramps all around. No open excavation of any depth will be permitted to remain overnight.
The Contractor shall provide access to all driveways within the work zone at all times. Portable Message Signs
Contractor shall provide at least two portable changeable signs to inform the community for the duration of the
work. The placement of the signs shall be determined by the Engineer. The said signs shall state the following: “ROAD CONSTRUCTION WORK AHEAD FROM TO “(dates) and “EXPECT MINUTE DELAYS” or
“ROAD CLOSED FROM TO ( time and dates)”. The proposed portable changeable sign locations must be shown on Traffic Control submittals as directed by the Engineer.
Temporary Pedestrian Access
All weather and accessible access for pedestrians shall be provided at all times in and through the construction area. When a sidewalk is removed, the area should be fenced and signage provided to direct pedestrians to an alternate route. Pedestrians shall be routed to temporary crossing points as approved by the Engineer. However, the route shall not exceed one block.
The Contractor shall note that the City of Richmond has a large population of people with visual impairment, which requires additional protection and warnings near work zones.
At the end of each work day, the Contractor shall make provisions to allow safe access to pedestrians through the work zone.
In locations where the sidewalk is removed and entrances to private property are obstructed, the Contractor shall provide a temporary sidewalk fabricated from wood or asphalt. The temporary City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-19 – Traffic Control and Construction Area Signs 147
sidewalk shall comply with the Americans with Disabilities Act. A temporary access plan shall be submitted to the Engineer for review and approval 10 days prior to removal of the sidewalk.
Temporary Pavement Delineation
When the Contractor removes striping or markings, he or she shall immediately place temporary delineation prior to opening the traveled way to public traffic.
Surfaces on which temporary pavement delineation is to be applied shall be cleaned of all dirt and loose material and shall be dry when the pavement delineation is applied. The Contractor shall perform all work necessary to establish satisfactory alignment for temporary pavement delineation. Temporary pavement delineation that is damaged from any cause during the progress of the work shall be immediately repaired or replaced by the Contractor at their expense.
The Contractor shall not use paint on pavement that is to remain in place. In this case, the Contractor shall use Temporary Traffic Stripe and Pavement Marking Tape. Tape shall be applied to a clean dry surface and rolled slowly with a rubber tired vehicle or roller to ensure complete contact with the pavement surface in accordance with the manufacturer’s recommendations.
Tape shall not be applied over existing stripes or markings. Completed stripes shall be straight on tangent alignments and shall be on a true arc on curved alignments.
Temporary pavement markers may be used to simulate the striping shown on the approved traffic control plans. The use of temporary pavement markers shall conform to the typical details for pavement markers and traffic lines shown in the Standard Plans and as determined by the Engineer.
When no longer required for the direction of public traffic, as determined by the Engineer, the temporary traffic stripe and pavement marking tape and temporary pavement markers, applied to existing pavement, the top layer of new pavements or any other paved surface where the previously placed pavement delineation conflicts with the new traffic pattern, shall be removed and disposed of in accordance with the provisions provide herein, and all lines and marks used to establish the alignment for the temporary traffic stripes, pavement markings and temporary pavement markers shall be removed from the pavement.
MEASUREMENT AND PAYMENT
The contract price paid per lump sum for Traffic Control and Construction Area Signs (Bid Item 2) shall include full compensation for all labor, materials, tools, equipment, and incidentals required to prepare traffic control plans, providing flagging, installing temporary signs and striping, and managing traffic as shown in the Plans, specified in these Special Provisions, and as designated by the Engineer.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-20 – Project Area Signs
148
SECTION SP-20 - PROJECT AREA SIGNS
The Contractor shall furnish and install two (2) Project Area Signs that inform the community of the work and funding source. The sign shall be constructed per the requirements of the Caltrans Division of Traffic Operations as with the wording described below. The signs shall be made by a professional sign painter, approved in advance by the Engineer. The signs will be installed prior to construction and maintained in place for the duration of the project by the Contractor.
Locations of the signs will be determined by the Engineer. Signs shall be repaired or replaced at no cost to the City, if damaged or stolen. The signs shall include the following information:
City logo (as shown below) instead of Caltrans
Logo “Slow for the Cone Zone” logo
Project Title: LINCOLN ELEMENTARY SCHOOL SAFE ROUTE IMPROVEMENTS Year of Completion: 2025
Funding Source: Congestion Mitigation and Air Quality (CMAQ)
MEASUREMENT AND PAYMENT
Full compensation for furnishing all labor, materials, tools, equipment; and for doing all the work involved in the furnishing, placing the signs complete in place , removing the signs at the end of construction and construction layout, as shown on the plans, as specified in these specifications and as directed by the Engineer, shall be considered as included in the contract price for Traffic Control (Bid Item 2) and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-21 – Public Notification
149
SECTION SP-21 - PUBLIC NOTIFICATION
General Notifications - The Contractor shall be required to notify and cooperate with the public, transit companies, local law enforcement agencies, local fire districts, local utilities companies, refuse collectors, schools, and any other persons or agencies who may be affected by this project at least two (2) weeks prior to construction. Other notifications may be required during project construction as outlined below.
Notifications will be provided by the Contractor relating to, but not limited to, the following items: General information
Traffic delays and alternate
routes Tree removals and/or
trimming Driveway closures
Temporary relocation of bus
stops Waste pick up
2-Week Notifications - Before Contractor begins any work, all residents and businesses on each street affected by the work shall be notified in writing, at least fourteen (14) days in advance.
This notification will provide general information about the project, approximate range of dates on when construction will take place, time of work, Contractor’s name and phone number and any other pertinent information for residents. The Contractor shall provide the Engineer a copy of the proposed written notification for review seventy-two (72) hours prior to delivery.
Failure to comply with the notification requirement will result in a stop work order. The Contractor shall maintain an updated and chronological record at the job site of all written notifications along with a list of recipients. Such records shall be made available upon request by the Engineer.
No work shall take place prior to the required notification, re-notification, or coordination work with affected facilities.
The Contractor shall be responsible for making immediate access available to emergency vehicles at any time during work hours. The Contractor shall contact schools, fire and police stations, hospitals, or other similar facilities designated by the Engineer adjacent to the work and coordinate his operation with the facility’s operations so that the Contractor’s operations will have a minimized affect to the facility.
No Parking Signs/Towing
The Contractor shall provide “No Parking” signs with day of the week written out or properly abbreviated with 3 or 4 letters; the month shall be written out or properly abbreviated with 3 or 4 letters; date or dates of restriction shall be listed completely; the beginning and ending times shall be clearly listed on the sign.
Signs shall be mounted such that the words, “No Parking” are at an elevation at least 3 feet and not more than 7 feet above the adjacent flow line. Signs may be tied with string to trees and power poles, taped to existing sign poles, or mounted on stakes or barricades as provided by the Contractor. The signs shall be placed as needed to control the parking of cars within the City of Richmond
Lincoln Elementary School Safe Route Improvements
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Section SP-21 – Public Notification
150
construction zone.
Signs shall be posted and maintained by the Contractor for a period of 72 hours prior to the restrictions becoming effective. The Contractor shall promptly reset or replace all damaged and defective signs. Upon completion of work in each area, all signs, stakes, and barricades shall be promptly and completely removed by the Contractor.
The Contractor shall be fully responsible for adequate removal of all parked cars. All vehicle removal shall be coordinated by the Contractor with the Richmond Police Department. The Contractor shall notify the Police Traffic Sergeant upon posting of the parking restrictions for a particular street. For removal of parked vehicles, the Contractor shall notify the Police traffic sergeant not less than 2 hours prior to the needed removal with the address nearest the parked vehicle, make, model, color, and license number. The City shall not be responsible for any delay or additional cost associated with the removal of parked cars which obstruct the construction operation.
If a vehicle owner successfully contests a towing citation in court, and their citation is dismissed for causes related to the Contractor’s failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation.
The Contractor shall cooperate and allow City or utility company work crews to use the traffic control system when set up for the Contractor’s work. The Contractor is not obligated to maintain the traffic control system beyond their scheduled activities.
The Contractor shall cooperate and allow City work crews to use the traffic control system when set up for the Contractor’s work.
MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-23 –Concrete Improvements
151
SECTION SP-22 - REMOVALS
The work performed in connection with removal of various existing highway facilities and preservation of property shall conform to the provisions in Section 15, "Existing Facilities," of the Standard Specifications and these special provisions.
The Contractor shall remove and dispose of existing portland cement concrete curb, gutter, sidewalk, driveway, curb ramp, and valley gutter at the locations shown on the Plans. When curb and gutter and/or roadway pavement are removed, the Contractor shall immediately place portable delineators along the edge of the pavement. Portable delineators shall be 36- inch minimum height, orange with white reflectors. The delineators shall be maintained by the Contractor until new curb and gutter are placed. All materials removed shall be legally disposed of in accordance with S ECTION SP-26 – DISPOSAL OF MATERIALS of these specifications and Special Provisions.
Existing concrete to be removed shall be sawcut at the nearest joint or score line. Any existing concrete damaged by reason of the Contractor’s operations outside this limit shall be repaired at the Contractor’s expense. The repair shall be made by removing and replacing the entire portion between weakened plane joints or score lines.
The Contractor shall remove painted and thermoplastic stripes, markers and legends within the limits of work shown on the Plans. All materials removed shall be disposed of in accordance with S ECTION SP-26 – DISPOSAL OF MATERIALS of these specifications and Special Provisions.
The Contractor’s attention is directed to the State Health and Safety and CAL -OSHA regulations and requirements regarding the removal, handling and disposal of yellow thermoplastic and painted traffic striping and pavement markings. The Contractor is responsible for any additional requirements necessary to comply with the regulations.
Where grinding or other methods approved by the Engineer are used to remove yellow thermoplastic and yellow painted traffic stripe and pavement marking, the removed residue, including dust, shall be contained and collected immediately. Sweeping equipment shall not be used. Collection shall be by a high efficiency particulate air (HEPA) filter equipped vacuum attachment operated concurrently with the removal operations or other equally effective methods approved by the Engineer.
Nothing in these Special Provisions shall relieve the Contractor of the Contractor’s responsibility as specified in Section 7-1.04, “Public Safety” of the Standard Specifications.
Full compensation for work involved in removal of existing concrete curb, gutter, sidewalk, driveway, curb ramp, and valley gutter shall be considered as included in the unit prices paid for the various bid items for removal and replacement of these items and no separate payment shall be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-23 –Concrete Improvements
152
MEASUREMENT AND PAYMENT
Compensation for removing sidewalk, curb ramp, curb, gutter and conform paving shall be considered as included in the various contract prices paid for the applicable bid items and shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in removal of sidewalk, curb ramp, curb, gutter and conform paving, complete in place, including but not limited to excavation, removal and disposal of excess materials including sawcutting, and root cutting, as shown on the contract plans, as specified in the Standard Specifications, these specifications, and as directed by the Engineer and no additional compensation will be allowed therefor.
The contract unit bid price per square foot for Remove Exist AC Speed Bump (Bid Item 3) shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in removal of existing AC speed bump, complete in place, including but not limited to earthwork, subgrade preparation, clearing and grubbing, excavation, removal and disposal of excess materials including disposal of material, sawcutting, root cutting and construction layout, as shown on the contract plans, as specified in the Standard Specifications, these specifications, and as directed by the Engineer and no additional compensation will be allowed therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-23 –Concrete Improvements
153
SECTION SP-23 - CONCRETE IMPROVEMENTS
The construction of concrete shall conform to the applicable provisions in Section 73 "Concrete Curbs and Sidewalks” of the Standard Specifications, the details on the plans, and these special provisions.
The work involved for Curb Ramp shall generally require:
(1) Construction staking and layout
(2) Sawcut existing concrete to nearest score line. Review with city inspector prior to performance. (Utilize wet spray as a minimum for dust control while sawcutting)
(3) The removal of the existing facilities as needed to conform to adjoining grades. (4) Subgrade preparation, including excavation, placement and compaction of aggregate base
(5) Construction of new raised median as shown on the plans. (6) Maintain gutter flow elevations and demonstrate this to the City inspector by water flow test to ensure there’s no ponding.
Detectable warning surface shall consist of raised truncated domes constructed or installed on curb ramps in conformance with the details shown on the plans and these special provisions. The detectable warning surface shall be prefabricated, cast -in-place. The color of the detectable warning surface shall be yellow conforming to Federal Standard 595B, Color No. 33538.
Contractor shall neatly trim prefabricated dome panels to fit and conform to curb radius.
Prefabricated detectable warning surface shall be in conformance with the requirements established by the Department of General Services, Division of State Architect and be attached in conformance with the manufacturer's recommendations, Armor Tile or approved equal.
The finished surfaces of the detectable warning surface shall be free from blemishes.
The manufacturer shall provide a written 5 -year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound- on-cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the contract. Class 2 aggregate base, ¾ in. size, shall be placed under curb ramps, after excavating existing subgrade, with a minimum thickness of 4 inches, and be compacted to 95% relative compaction (ASTM D-1557)
C
oncrete shall be 5 sack mix with 1 pound of lamp black added per CY.
All new Portland Cement Concrete (PCC) improvements shall be doweled to existing PCC improvements as directed by the Engineer using twelve inch (12") long No. 4 rebar at 12” O.C.
Landscaping, yard drain pipes, and sprinkler heads and lines located near the existing back of sidewalk or sidewalk ramp shall be protected from damage. Sewer cleanouts located near the existing back of sidewalk or curb ramp shall also be protected from damage and remain free of debris. Any damage shall be repaired at the Contractor's expense to the satisfaction of the City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-23 –Concrete Improvements
154
Engineer.
MEASUREMENT AND PAYMENT
The contract unit bid price per square foot for Construct Raised Concrete Median (Bid Item 5) shall include full compensation for demolition, saw cutting, removal, disposal, excavation, relocation of existing utility boxes and signs (except where specific pay items are designated for same), construction layout, earthwork, and preparation of sub-grade; furnishing, placing, and compacting class 2 aggregate base; furnishing and placing all reinforcement; drilling and grouting dowel reinforcement; furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing concrete retaining curb (for depressed style ramps), curb and gutter associated with the ramp installation, disposal of material, sawcutting, detectable warning surfaces/truncated domes, and patching and repaving of the asphalt concrete in the street (with permanent hot mix) as shown on the plans (except where specific pay items are designated for same), as specified in the Standard Specifications, these Special Provisions, and as directed by the City Engineer.
The contract unit bid price per each for Install Detectable Warning Surface (Bid Item 7) shall include full compensation for demolition, saw cutting, removal, disposal, excavation, relocation of existing utility boxes and signs (except where specific pay items are designated for same), construction layout, earthwork, and preparation of sub-grade; furnishing, placing, and compacting class 2 aggregate base; furnishing and placing all reinforcement; drilling and grouting dowel reinforcement; furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing concrete retaining curb (for depressed style ramps), curb and gutter associated with the ramp installation, disposal of material, sawcutting, detectable warning surfaces/truncated domes, and patching and repaving of the asphalt concrete in the street (with permanent hot mix) as shown on the plans (except where specific pay items are designated for same), as specified in the Standard Specifications, these Special Provisions, and as directed by the City Engineer.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-24 –Saw Cutting
155
SECTION SP-24 - SAW CUTTING AND MILLING (COLD PLANING)
When asphalt or concrete pavement is to be removed adjacent to paving that is to remain, the Contractor shall saw cut at the limit. Saw cutting shall be vertical and neatly edged and all the way through pavement to the sub grade. The sawing method shall consist of cutting a groove through the pavement with a power driven concrete saw or equivalent. The Contractor shall provide a vacuum to remove water and debris during the saw cutting process.
The Contractor shall mark the saw cut locations with temporary paint. The Engineer shall review the saw cut locations prior to cutting. The Contractor shall adjust the limits as required by the Engineer.
Cold planing shall include all work necessary to remove existing asphalt and/or concrete pavement to a predetermined depth as indicated on the drawings. The work includes, but is not limited to, removal of the existing pavement adjacent to gutters, cross gutters, ends of overlays, and equipment crossings.
Existing pavement surface on roadways to be milled prior to pavement inlay shall be cold planed as specified herein.
The machine used for planing shall have performed satisfactorily on similar work and shall meet the following requirements:
The planing machine shall be specifically designed and built for the planing of bituminous pavements without the addition of heat. It shall have the ability to plane portland cement concrete patches in the bituminous pavement, or portland cement concrete pavements. The cutting drum shall be equipped with carbide tipped cutting teeth placed in a variable lacing pattern to produce the desired finish.
The machine shall be capable of being operated at speeds of zero to forty feet per minute, it shall be self-propelled, and have the capability of spraying water at the cutting drum to minimize dust.
The machine shall be operated in such a way so that no fumes or smoke will be produced. The machine shall be capable of removing the paving material next to curbs or gutters and be designed such that the operator thereof can at all times observe the planing operation without leaving the controls. The machine shall be adjustable for slope and depth and shall be equipped with sonic sensing devices for controlling depth.
Limits of cold planing will be marked in the field by Contractor and verified by the Engineer prior to construction. The depths and dimensions of the cold planing and keycuts are designated on the plans.
Cold planing may require removal of existing asphalt concrete above gutter lips, in addition to the required depth below the gutter lip, due to prior overlays.
Pavement to be cold planed may contain pavement fabric. Cold planing operation will not commence until a sweeper is on site. Larger lumps of fabric that are deposited on the screen must be removed manually.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-24 –Saw Cutting
156
All pavement areas called out for removal and replacement shall be cold planed to the full width of the roadway. Pavement against curb faces shall be removed to the full depth designated for that particular section of roadway. If pavement against curb faces cannot be removed by the planing machine, the Contractor shall use other means to remove this material.
During the cold planing operation, the Contractor shall sweep the roadway with mechanical equipment and remove all loosened material from the project site until completion of the removal work.
All material removed shall be considered the property of the Contractor and shall be removed and disposed of at the Contractor’s expense.
In addition to removing the cold planed asphalt concrete, the Contractor shall remove any slurry seal or asphalt concrete which is adhered to the top of the adjacent gutter, cross gutter, or apron.
MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor.
Compensation for milling shall be considered as included in the contract prices paid for Construct Raised Intersection (Bid Item 4) and Construct Raised Crosswalk (Bid Item 6) as shown on the contract plans, as specified in the Standard Specifications, these specifications, and as directed by the Engineer and no additional compensation will be allowed therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-25 –Earthwork
157
SECTION SP-25 - EARTHWORK
This work shall be performed in accordance with Section 19, “Earthwork,” of the Standard Specifications, these Special Provisions and as directed by the Engineer. After removal of the existing asphalt pavement or concrete and in other locations required by the Plans, the Contractor shall excavate aggregate base, native materials, or other substances of whatever nature to the required subgrade depth as shown on the Plans or as directed by the Engineer.
Excavation shall be accomplished with properly selected equipment, which has been approved by the Engineer and in such manner that the stability of the subgrade is maintained to the greatest extent possible and to prevent damage to underground utilities. The prepared subgrade shall not be permitted to dry and/or crack prior to placement of the next covering layer.
All surplus and/or unsatisfactory excavated material shall be disposed of outside the roadway right of way in accordance with Section 17 -2.03D, “Disposal of Materials” of these Special Provisions.
Following the removal of the materials to the selected depth, the subgrade soils shall be scarified in accordance with Section 10-21 of these Special Provisions. The final subgrade shall be prepared in accordance with Section 19-1.03C, “Grade Tolerance” of the Standard Specifications.
The road or existing concrete surface to remain in place shall not be damaged in any way. Care shall be exercised to avoid damage to manholes and other covers (whether shown or not shown on the plans) and adjacent gutters. Utilities and underground pipelines, which are to remain in place shall be worked around and protected from damage or interruption of service. All improvements damaged by construction shall be replaced at the Contractor’s expense. It shall be the contractor’s responsibility to ascertain the location of all utilities, including manholes and monuments.
Footings which may be affected by any excavation shall be underpinned or otherwise protected against settlement and shall be protected against lateral movement. Fills or other surcharge loads shall not be placed adjacent to any building or structure unless such building or structure is capable of withstanding the additional loads caused by such fill or surcharge.
The Contractor shall provide no less than 48 hours’ notice to the Engineer, in writing of the need for compaction testing of the subgrade.
MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-26 –Disposal of Materials
158
SECTION SP-26 - DISPOSAL OF MATERIALS
The City has not made arrangements for disposal of material. All excess and unsuitable material shall be disposed of by the Contractor in a legal manner.
It shall be the responsibility of the Contractor to conduct tests to determine the level of contaminants present in the soil to be exported. Soil samples should be collected by a reputable testing firm and submitted to a state certified laboratory and analyzed for total petroleum hydrocarbons in the diesel (TPHd) and motor oil (TPHmo) ranges (EPA Test Method 8015), 17 California Assessment Manual (CAM) metals (EPA Test Method 6000/7000), organochlorine pesticides (EPA Test Method 8081), and polychlorinated biphenyls (PCBs) (EPA Test Method 8082), polynuclear aromatic hydrocarbons (PAHs) (EPA Test Method 8270SIM), and any other tests required by the receiver of the soil.
The Contractor shall assume that all soil has levels of contamination that exceeds environmental screening levels listed by the California Regional Water Quality Control Board for residential land use or commercial/industrial land use, but is non-regulated and non-hazardous. All material shall be disposed of in a Class II landfill with all-weather access.
Disposal of contaminated soil or contaminated groundwater which is encountered in the Work that has levels of contaminants sufficient to be considered a regulated hazardous waste will be as defined in Section 14-11 “Hazardous Waste and Contamination” of the Standard Specifications.
The Contractor shall schedule disposal of materials such that weather does not impair access to the disposal facility.
MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-27 –Subgrade Preparation
159
SECTION SP-27 - SUBGRADE PREPARATION
This work shall consist of the scarification and re-compaction of native soil underneath the concrete improvements and ramps as shown on the Plans.
If excavation reaches to subgrade depth in locations to receive hot mix asphalt or concrete, the soil shall be scarified to a minimum depth of 6 inches, moisture conditioned to within 2 to 5 percentage points above optimum moisture content, and compacted to a minimum relative compaction of 90 percent relative compaction to the maximum dry density as determined in the laboratory according to ASTM D1557.
The Contractor shall protect from damage all existing improvements, drainage facilities, sanitary sewage facilities, water facilities, traffic signal facilities, landscaped areas, trees and shrubbery that are not required to be removed during construction. Any existing improvements, drainage facilities, sanitary sewage facilities, water facilities, traffic signal facilities, landscaped areas, etc., damaged as a result of the Contractor’s construction activities shall be replaced by the Contractor at no cost to the City.
Shallow utilities may be located within the scarification area. The Contractor shall identify these utilities and protect during scarification.
It is the Contractor’s responsibility to plan the preparation of the subgrade with respect to weather conditions. If poor weather creates excessive moisture in the subgrade or the inability to meet minimum compaction standards, the Contractor shall implement alternative methods as approved by the Engineer to continue subgrade preparation in accordance with these Special Provisions.
MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-28 –Adjust Utility Frame and Cover to Grade
160
SECTION SP-28 - ADJUST UTILITY FRAME AND COVER TO GRADE
Existing manhole covers, valve covers, cleanout riser covers, pressure relief covers and other items listed in these Special Provisions or shown on the plans, or as directed by the Engineer, shall be adjusted to final grade. The adjustments, which shall not be performed until all of the concrete surfacing has been placed, shall conform to the provisions in Section 71-5.03B, "Reconstruction," of the State Standard Specifications, these Special Provisions, the standard details, and as directed by the Engineer with the following modifications and as amended to include the adjustment of the facilities that do not belong to the City.
Utility companies reserve the right to perform the work using their own forces after the contract is awarded. The Contractor shall notify the utility agencies prior to start of construction for any coordination effort, and to determine if the utility owners will perform the work using their own forces.
Covers shall be adjusted so that there will not be any perceptible difference in elevation between the finished pavement surface and the cover. The City Engineer shall be the sole judge of the acceptable degree of smoothness of passage of a motor vehicle over the adjusted covers.
Portland cement concrete used for adjusting covers shall be Class B, 5 sack minor concrete conforming to the provisions in State Standard Specification Section 51, "Concrete Structures," and aggregate shall conform to Section 90- 2.02C of the State Standard Specifications with a maximum aggregate size of 1 inch.
Mortar used in resetting manhole covers shall conform to the provisions in Section 41-2.02C, "Mortar" of the State Standard Specifications.
Precast concrete elements shall conform to the provisions in Section 904, "Precast Concrete Structures" of the State Standard Specifications.
Salvaged materials which are undamaged may be reinstalled as directed by the Engineer.
Structures built of cast-in- place or precast concrete and brick or vitrified clay pipe parts shall be replaced in kind, unless otherwise permitted by the owners of the facilities.
Dirt, rocks or debris shall not be permitted to enter storm drain or sewer lines. When manhole adjustment involves excavation or concrete removal, a temporary cover shall be placed to prevent entry of material into the manhole and sewer pipe.
M
EASUREMENT AND PAYMENT
Adjustment of existing structure to final grade or removal and replacement of utility frame will be paid at the contract unit bid price for each acceptably adjusted frame and cover or replaced frame complete in place for Adjust Sanitary Sewer Cleanout Cover to Grade (Bid Item 8) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in construction layout, adjusting the facility (including removing and disposing of concrete) or replacing the cover complete in place, including supervision, as shown on the plans, as specified herein and in the special provisions, and as directed by the Engineer.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-28 –Adjust Utility Frame and Cover to Grade
161
Adjustment of existing structure to final grade or removal and replacement of utility frame will be paid at the contract unit bid price for each acceptably adjusted frame and cover or replaced frame complete in place for Adjust Sanitary Sewer Manhole Cover to Grade (Bid Item 9) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in construction layout, adjusting the facility (including removing and disposing of concrete) or replacing the cover complete in place, including supervision, as shown on the plans, as specified herein and in the special provisions, and as directed by the Engineer.
Adjustment of existing structure to final grade or removal and replacement of utility frame will be paid at the contract unit bid price for each acceptably adjusted frame and cover or replaced frame complete in place for Adjust Storm Drain Manhole Cover To Grade (Bid Item 10) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in construction layout, adjusting the facility (including removing and disposing of concrete) or replacing the cover complete in place, including supervision, as shown on the plans, as specified herein and in the special provisions, and as directed by the Engineer.
Adjustment of existing structure to final grade or removal and replacement of utility frame will be paid at the contract unit bid price for each acceptably adjusted frame and cover or replaced frame complete in place for Adjust Water Valve Cover to Grade (Bid Item 11), and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in construction layout, adjusting the facility (including removing and disposing of concrete) or replacing the cover complete in place, including supervision, as shown on the plans, as specified herein and in the special provisions, and as directed by the Engineer.
No compensation will be allowed for any adjustments which may be performed by the owners of the facilities.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-29 –Class 2 Aggregate Base
162
SECTION SP-29 - CLASS 2 AGGREGATE BASE
Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, “Aggregate Bases”, and compaction shall conform to Section 26- 1.03E of the State Standard Specifications and these Special Provisions.
Aggregate base exceeding a workable moisture content will be rejected by the Engineer and shall be immediately removed from the project site by the Contractor. The grading of the material shall conform to the ¾ inch, maximum, specified in Section 26- 1.02B, “Class 2 Aggregate Base”, of the State Standard Specifications.
Aggregate base shall be spread in accordance with the provisions of Section 26-1.03D, "Spreading" and Section 26-
1.03E, "Compaction", of the State Standard Specifications. Spreading and compacting shall be performed by methods that will produce a uniform base, firmly compacted and free from pockets of coarse or fine material. No spreading operation shall begin until the physical characteristics of aggregate base have been approved by the Engineer.
MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-30 –Hot Mix Asphalt (HMA)
163
SECTION SP-30 - HOT MIX ASPHALT (HMA)
This work includes producing and placing hot mix asphalt (HMA) Type A using the “Standard” process. Comply with Section 39, "Hot Mix Asphalt," of the Standard Specifications except as modified herein.
MATERIALS
The grade of asphalt binder mixed with aggregate for HMA Type A must be PG 64-16. The aggregate for HMA Type A must comply with the ½” grading for the final lift and ¾” grading for the lower lifts and base repair areas as shown on the plans.
Modify 39-2.03A Testing as follows:
Quality Characteristic: Percent of maximum theoretical density (%) for HMA Types A & B to 92% to 96%. Retain footnotes e & f. Add the footnotes k through m to this requirement:
k. Perform testing in accordance with CT 375
l. Maximum lot size shall be 500 tons
1. Maximum 3 test sites per location, 1 test for each 50 tons thereafter.
2. Each street segment shall be an independent lot(s)
m. Failing test shall be verified by coring if requested by the Contractor. Contractor obtains cores at locations randomly determined by Engineer. Engineer tests cores.
If requested by the Contractor and approved by the Engineer, non-nuclear gauges may be substituted for use in CT 375.
Tack Coat
Tack coat shall be applied to all vertical surfaces of existing pavement, curbs, gutters, and construction joints, against which additional material is to be placed, to a new or old pavement to be overlaid, and to other surfaces as designated by the Owner’s Engineer. Shields for protecting curb faces shall be provided and used during tacking of curb faces.
If the paving oil or emulsion is applied undiluted, it shall be applied at a rate of 0.05 to 0.15 gallons per square yard. If the emulsion is applied diluted 1:1 with water, it shall be applied at a rate of 0.10 to 0.30 gallons per square yard, as directed by the Engineer.
WORKMANSHIP
Finished Surface
The completed surfacing shall be thoroughly compacted, smooth, and free from ruts, humps, depressions, irregularities, rock pockets, excessive coarse aggregate, and roller marks.
Any ridges, indentations, or other objectionable marks left in the surface of the asphalt concrete shall be eliminated by rolling or other means. The use of any equipment that leaves ridges, indentations, or other objectionable marks in the asphalt concrete shall be discontinued.
The Contractor shall provide sufficient manpower and manual compacting equipment to perform City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-30 –Hot Mix Asphalt (HMA)
164
all handwork compaction in unison with the initial compaction rolling. If the handwork compaction begins to lag for whatever reason, the Contractor shall cease paving operations until the handwork compaction is caught up with the rest of the paving operation.
Areas of hand work at joints and miscellaneous structures shall match the smooth surface texture of all other areas of the new pavement. Any areas which have a rough surface texture shall be reworked with heat and asphalt concrete fines shall be placed. Coarse aggregate removed during raking shall not be returned to the finished mat surface. Such coarse aggregate may be returned to the hopper of the paving machine or spread immediately in front of the paver. Cold coarse aggregate shall not be reused, but discarded.
Finished areas of asphalt concrete adjacent to concrete drainage facilities shall be placed in such a manner that the finished surface is no greater than 1/4 inch higher than the facility and no lower than flush with the facility.
Cold Joints
The contractor shall heat by torch or other acceptable methods paving joints which do not receive an adjacent pass within 3 hours of placement. If the cold joint goes unpaved against overnight, the contractor shall heat the joint and place tack coat prior to placing the adjacent pass. Longitudinal pavement joints shall be on, or as close as possible to, the lane lines.
MEASUREMENT AND PAYMENT
The contract unit bid price per square foot for Construct Raised Intersection (Bid Item 4) and Construct Raised Crosswalk (Bid Item 6) shall include full compensation for construction layout, site preparation, class 2 aggregate base, disposal of material, sawcutting, milling, furnishing and placing HMA, and grading in compliance with the provisions of this section, as shown on the plans, as specified in the Standard Specifications, these Special Provisions, and as directed by the City Engineer.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-31 –Thermoplastic Striping and Pavement Markings 165
SECTION SP-31 - THERMOPLASTIC STRIPING AND PAVEMENT MARKINGS
Traffic striping and pavement markings shall conform to the provisions in Sections 84- 1, “General” and 84 -2, “Thermoplastic Traffic Stripes and Pavement Markings” of the Standard Specifications and these Special Provisions. The Contractor shall provide and place traffic stripes and pavement markings as described in Section 84 “Markings” of the State Standard Specifications and as described in these Special Provisions. Traffic striping and pavement markings shall be thermoplastic unless noted otherwise. Striping “Details” shall be as described in Chapter 6, “Markings,” of the State Traffic Manual and as shown in the State of California Department of Transportation Standard Plans (2023 as amended).
Apply a primer if recommended by manufacturer of the thermoplastic material to all asphalt surfaces.
Layout markings shall be approved by the Engineer prior to performing the striping. All new striping and markings shall coincide as nearly as possible with the original unless otherwise directed by the Engineer. Work shall be in conformance with Sections 84 of the State Specifications, as modified herein. Striping and marking layout shall be in accordance with the State Traffic Manual details, except as modified by the Engineer.
Advance spotting and recording of angle points, end points, and other control points, plus color and line detail type, shall be performed by the Contractor. Any uncertainties shall be discussed with Engineer prior to application. Permanent striping and markings shall be placed no sooner than (7) and no later than (10) calendar days after the pavement is placed.
Subsequent to completion of traffic striping operations on a project street, all temporary layout markings and, “floppies,” must be removed by the contractor.
Red Curb Painting
Existing concrete curbs shall be painted as shown on the plans and as directed by the Engineer.
Paint coverage shall be from the bottom of the vertical face of the curb to the joint or score line between the top of curb and sidewalk or median surfacing. Red paint shall conform to the provisions in Section 91-4.02B of Standard Specification or as approved by the Engineer.
Removal of existing striping
Existing and temporary striping and pavement markings that conflict with the final striping and pavement markings, as shown on the plans, shall be removed to the fullest extent possible as approved by the engineer. Any grinding of the pavement marking shall be done to a square or rectangular block shape. The method of removal shall not materially damage the surface or texture of the pavement or surfacing. Any pavement or surfacing, in the opinion of the engineer that has been unreasonably damaged, shall be repaired to the Engineer’s satisfaction at no expense to the City.
Sand or other material deposited on the pavement as a result of removing the traffic stripe and markings shall be removed immediately as the work progresses and shall not be allowed to enter drainage facilities or constitute a hazard to traffic.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-31 –Thermoplastic Striping and Pavement Markings 166
Following removal of traffic stripes, either temporary or new permanent stripes and markings shall be in place prior to opening the roadway to public.
MEASUREMENT AND PAYMENT
Thermoplastic traffic stripes will be measured by the linear foot regardless of the number of individual stripes and pavement markers comprising the detail.
The contract prices paid per linear foot for Install 12" Thermoplastic Pavement Marking or Crosswalk (Bid Item 13) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in construction layout, applying pavement markers, thermoplastic pavement striping and markings complete in place, including surface preparation, establishing alignment for stripes, layout work, stencils, and application of glass beads, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.
The contract prices paid per square feet for the various Install Thermoplastic Pavement Marking (Bid Item 14) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in construction layout, applying pavement markers, thermoplastic pavement striping and markings complete in place, including surface preparation, establishing alignment for stripes, layout work, stencils, and application of glass beads, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.
The contract unit price paid per linear foot for Paint Curb Red (Bid Item 16) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in painting curbs, complete in place, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.
The contract prices paid per linear foot for 4" Diagonal Stripe (White) (Bid Item 17) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in construction layout, applying pavement markers, thermoplastic pavement striping and markings complete in place, including surface preparation, establishing alignment for stripes, layout work, stencils, and application of glass beads, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.
The contract prices paid per linear foot for Install Caltrans Striping Detail 28 (Bid Item 18) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in construction layout, applying pavement markers, thermoplastic pavement striping and markings complete in place, including surface preparation, establishing alignment for stripes, layout work, stencils, and application of glass beads, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-32 –Pavement Markers
167
SECTION SP-32 - PAVEMENT MARKERS
This work shall consist of furnishing and placing pavement markers as designated by the Engineer in conformance with Section 81- 3, "Pavement Markers", of the State Standard Specifications, the details on the plans, and these special provisions.
The maximum allowable tolerances for positioning the markers shall be as follows: Slanted toward the traffic lane – 5/8 inch in the 4 inch width of the marker.
Slanted away from the traffic lane – 1/4 inch in the 4 inch width of the marker.
MEASUREMENT AND PAYMENT
Full compensation for pavement markers shall be considered as included in the contract prices paid per linear foot for the stripe and no separate payment will be made therefor.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-33 –Pre-formed Thermoplastic Crosswalk Marking 168
SECTION SP-33 - PRE-FORMED THERMOPLASTIC CROSSWALK MARKING
GENERAL
Preformed thermoplastic pavement marking is a pavement overlay marking material to be used for crosswalks as shown on the plans.
The material must be a resilient preformed thermoplastic product which contains a minimum of thirty percent (30%) intermixed anti-skid/anti-slip elements and where the top surface contains anti-skid/anti-slip elements. These anti-skid/anti-slip elements must have a minimum hardness of 8 (Mohs scale) and meet the following gradation:
Size Gradation Intermix Drop - On
US Mesh
µm Retained,
%
Passing,
%
Retained,
%
Passing,
%
10 2000 0 - 10% 90 - 100%
12 1700 5 - 25% 75 - 95%
14 1400 15 - 50% 50 - 85%
16 1180 15 - 50% 50 - 85% 0 - 5% 95 - 100%
18 1000 10 - 30% 70 - 90% 0 - 10% 90 - 100%
20 850 0 - 5% 95 - 100% 5 - 25% 75 - 95%
25 710 0 - 2% 98 - 100% 15 - 50% 50 - 85%
30 600 15 - 50% 50 - 85%
35 500 5 - 25% 75 - 95%
40 425 0 - 10% 90 - 100%
The material must be resistant to the detrimental effects of motor fuels, antifreeze, lubricants, hydraulic fluids, etc.
The material shall be capable of being applied on bituminous and/or portland cement concrete pavements primarily by the use of an infrared heater supplied by the material manufacturer. A handheld propane heat torch supplied by the material manufacturer may be used in isolated areas.
The use of a compactor or similar equipment shall not be necessary. The material must be able to be applied to asphalt and concrete surfaces without preheating the application surface to a specific temperature. The material must be capable of being affixed to green concrete (concrete that has set but not appreciably hardened). The material shall not require the portland cement concrete application areas to be cured or dried out.
The material must be capable of conforming to pavement contours, breaks and faults through the action of traffic at normal pavement temperatures. It shall not be necessary to use a grid template or to make pattern grooves or other indentations in the asphalt or concrete surface prior to applying the material. It shall not be necessary to inlay the material in grooves or indentations.
It shall not be necessary to heat the pavement or application surface to a specific temperature.
The material is typically supplied in segments measuring 24 in. (61cm) by 24 in. (61cm). The material must be factory assembled and interconnected with a compatible material, so that it is City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-33 –Pre-formed Thermoplastic Crosswalk Marking 169
unnecessary to assemble the individual “brick” pieces at the jobsite. Certain 24 in. (61cm) by 24 in. (61cm) material segments may be rotated to create additional pattern options using standard parts.
Interchangeable, patterned borders shall be available in either 8 in. (20cm) or 12 in. (30cm) wide by 24 in. (61cm) long sizes, to allow flexibility in design options using standard parts.
The material must be able to be applied in temperatures down to 45ºF (7.2ºC) without any special storage, preheating or treatment of the material before application.
The material must be able to be applied to asphalt and concrete surfaces without using a grid template and without forming a pattern in the pavement substrate. Heating indicators must be evenly distributed on the surface of the material in order to ensure correct application.
The material must cover the entire application area and be flush across the surface. Once applied, no part of the pavement surface should be visible in the application area.
MANUFACTURING CONTROL AND ISO CERTIFICATION: The manufacturer must be ISO 9001:2008 certified for design, development and manufacturing of preformed thermoplastic, and provide proof of current certification.
MATERIAL
Must be composed of an ester modified rosin impervious to degradation by motor fuels, lubricants, etc. in conjunction with aggregates, pigments, binders, and anti-skid/anti-slip elements. Pigments and anti-skid/anti- slip elements must be uniformly distributed throughout the material. The thermoplastic material conforms to AASHTO designation M249, with the exception of the relevant differences due to the material being supplied in a preformed state, being non-reflective, and potentially being of a color different from white or yellow.
Pigments:
White: The material shall be manufactured with sufficient titanium dioxide pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as revised and corrected.
Red, Blue, and Yellow: The material shall be manufactured with sufficient pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as revised and corrected. The pigment system must not contain heavy metals nor any carcinogen, as defined in 29 CFR 1910.1200 in amounts exceeding permissible limits as specified in relevant Federal Regulations.
Other Colors: The pigment system must not contain heavy metals nor any carcinogen, as defined in 29 CFR 1910.1200 in amounts exceeding permissible limits as specified in relevant Federal Regulations.
Heating indicators: The top surface of the material shall have regularly spaced indents. These indents shall act as a visual cue during application that the material has reached a molten state allowing for satisfactory adhesion and proper embedment of anti-skid/anti-slip elements, and a City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-33 –Pre-formed Thermoplastic Crosswalk Marking 170
post-application visual cue that the application procedures have been followed.
Skid Resistance: The surface of the preformed thermoplastic material shall contain factory applied anti-skid material with a minimum hardness of 8 (Mohs scale). Upon application the material shall provide a minimum skid resistance value of 60 BPN when tested according to ASTM E 303.
Slip Resistance: The surface of the preformed thermoplastic material shall contain factory applied anti-skid material with a minimum hardness of 8 (Mohs scale). Upon application the material shall provide a minimum static friction of coefficient of 0.6 when tested according to ASTM C 1028 (wet and dry), and a minimum static coefficient of friction of 0.6 when tested according to ASTM D 2047.
Thickness: The material must be supplied at a minimum thickness of 125 mil (3.18mm).
Environmental Resistance: The material must be resistant to deterioration due to exposure to sunlight, water, salt or adverse weather conditions and impervious to oil and gasoline.
Interconnected: The material must consist of interconnected individual pieces of preformed thermoplastic pavement marking material, which through a variety of colors and patterns, make up the desired design. The individual pieces in each material segment, typically 24 in. (61cm) by 24 in. (61cm), must be factory assembled and interconnected with a compatible material so that in the field it is not necessary to assemble the individual pieces within a material segment. Multiple patterned border segment options shall be available in the material in either 8 in. (20cm) or 12 in. (30cm) wide by 24 in. (61cm) long sizes.
APPLICATION
Manufacturer Certified Applicator Requirement: The material shall be supplied and applied only by an applicator certified by the material manufacturer. The applicator shall provide proof of current certification before commencing work. The Certified Applicator shall follow the material manufacturer’s current published application procedures.
Asphalt: The material shall be applied primarily by using an infrared heater supplied by the material manufacturer. A handheld propane heat torch supplied by the material manufacturer may be used in isolated areas. The material must be able to be applied at ambient and road temperatures down to 45ºF (7.2ºC) without any preheating of the pavement to a specific temperature. A sealer specified and supplied by the material manufacturer must be applied to the substrate prior to material application to ensure proper adhesion, and to provide bond reinforcement for larger volumes of material. The sealer must be supplied by the material manufacturer in 300/600ml cartridges along with sealer application supplies. A thermometer shall not be required during the application process. The pavement shall be clean, dry and free of debris. The supplier must provide current application instructions to the Certified Applicator.
Portland Cement Concrete: The same application procedure shall be used as described above.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-33 –Pre-formed Thermoplastic Crosswalk Marking 171
PACKAGING
The preformed thermoplastic material shall be placed in protective plastic film with cardboard stiffeners where necessary to prevent damage in transit. The cartons in which packed shall be non-returnable and shall not exceed 25 in. (64cm) in length and 25 in. (64cm) in width. Packages shall be labeled for ease of identification. The weight of the individual carton must not exceed fifty (50) pounds (23kg). A protective film around the box must be applied in order to protect the material from rain or premature aging.
MEASUREMENT AND PAYMENT
The contract price per square foot for Install Pre-formed Thermoplastic Crosswalk Markings (Bid Item 12) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved with placing thermoplastic crosswalk markings as specified in these Special Provisions, as shown on the plans and as directed by the Engineer.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
Section SP-34 –Rectangular Rapid Flashing Beacons
172
SECTION SP-34 - RECTANGULAR RAPID FLASHING BEACONS
GENERAL
The work described in this section shall be completed in accordance with Section 86 of the 2023 edition of the State Standard Specifications, the 2023 edition of the State Standard Plans, the City Standard Plans and Specifications, the Construction Plans, and these Special provisions except unless otherwise specified.
Functions
a. The light intensity of the vehicle indications shall meet the minimum specifications of Society of Automotive Engineers (SAE) standard J595 (Directional Flashing Optical Warning Devices for Authorized Emergency, Maintenance, and Service Vehicles) dated November 2008. Manufacturer Certification of Compliance shall be provided upon request. b. When activated, all indications associated with a given crosswalk (including those with an advance crossing sign, if used) shall simultaneously commence operation of their alternating rapid flashing within 120msec, and shall cease operation at a predetermined time after the pedestrian actuation. c. The Pedestrian indication shall be directed at and visible to pedestrians in the crosswalk, and it shall flash concurrently with the vehicle indications to give confirmation that the RRFB-XL™ is in operation.
d. The system shall include an actuation counter providing data that can be downloaded on-site to a laptop computer using DB9 or USB type cables. e. Autonomy with a fully charged battery shall be up to 14- 28 days without sun, dependent upon ambient temperature and number of activations
MATERIALS
Light Bar Housing and Indications
a. The Light Bar housing shall be constructed of durable, corrosion- resistant powder-coated aluminum with stainless steel fasteners.
b. Enclosed components shall be modular in design whereby any component can be easily replaced using common hand tools, without having to remove the housing from the pole.
c. All mounting hardware required for mounting the Light Bar housing shall be provided, and shall be stainless steel.
d. Each of the two vehicle RRFB-XL™ LED indications shall be approximately 7.25" wide x 3" high.
e. A pedestrian LED indication, approximately 0.5" wide x 2.5" high, shall be side- mounted in the Light Bar housing to be directed at and visible to pedestrians in the crosswalk.
f. The LEDs used shall be rated for a minimum 15-year life span.
Controller
a. The Controller shall be housed in a NEMA 3R rated aluminum enclosure, intended for indoor or outdoor use, primarily to provide a degree of protection City of Richmond
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against corrosion, windblown dust and rain, splashing water, hose -directed water, and damage from ice formation.
b. The LED light outputs and flash pattern shall be completely programmable, with the capability to actuate RRFB-XL, RRFB, round LED signal beacons and LED- enhanced signs.
c. The flashing output shall have 70 to 80 periods of flashing per minute, during which one of the yellow indications shall emit two medium pulses of light and the other yellow indication shall emit four short rapid pulses of light followed by a long pulse. The output current shall be maintained as programmed for the duration of the pulse. The flashing output shall be programmable. d. The Controller shall be reconfigurable if future MUTCD or State guidelines specify a different flash pattern.
e. The Controller shall be capable of storing input count data in preset intervals, with downloadable capabilities using optional Windows - based PC software program and standard RS232 programming cable.
f. The Controller shall be, in the unlikely event of failure, replaceable independently of other components.
Battery
a. The Battery shall be a 12VDC Absorbed Glass Mat (AGM) sealed lead-acid, maintenance-free battery.
b. The Battery shall be rated at 45AH minimum and shall conform to Battery Council International (BCI) specifications.
c. The Battery shall be solar-charged with a capacity up to 30 days of autonomy without sunlight, varying with ambient temperature and number of activations. d. The Battery shall be replaceable independently of other components. e. The Battery shall have a minimum operating temperature range of -76º to 140ºF (-60º to 60ºC).
Wireless Transceiver Radio
a. Radio control shall be solar-powered, operating on a FCC- approved 900mhz frequency, hopping spread spectrum network with a normal operating range of 1000 feet.
b. Radios shall provide wireless communication between the Assemblies to integrate the pushbutton activation of indications.
c. To ensure all integral indications consistently flash in unison, the Radio shall synchronize the Controllers to activate the indications within 120msec of one other and remain synchronized throughout the duration of the flashing cycle. d. Radio systems shall operate from 3.6 VDC to 15VDC
e. The Radio shall be, in the unlikely event of failure, replaceable independently of other components.
f. The Radio shall have a minimum operating temperature range of - 30ºF to 165ºF (-34.4º to 73.8ºC).
Solar Panel
a. The Solar Panel shall provide 55 watts at peak total output.
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b. The Solar Panel shall be affixed to an aluminum plate and bracket, adjustable at an angle of 45°- 60° to facilitate adjustment for maximum solar collection and optimal battery strength.
c. The Solar Panel Assembly (panel, plate and bracket) shall be mounted on a 360º rotatable pole cap mount, to facilitate adjustment for maximum solar collection and optimal battery strength.
d. Rated for 90mph wind conditions
e. The Solar Panel shall have a minimum operating temperature range of -40º to 185ºF (-40º to 85ºC).
Signs and Plaques
a. All signs shall conform to MUTCD standards.
b. All sign blanks and plaques shall be Federally specified .080 gauge, 5052 aluminum. c. Unless specified otherwise, sign sheeting shall be 3M™ DG3 diamond grade cubed or equivalent prismatic sheeting, with anti-graffiti overlay. d. All sign assemblies shall use provided anti-vandal fasteners and tools to mount components to sign, and sign to fixture.
e. Crossing signs shall be W11-2, S1-1 or W11-15 per MUTCD f. Crossing plaques W16-7P shall also accompany the crossing signs. g. Pedestrian pushbutton instruction signs shall be furnished, at a minimum size of 5" x 7", to be mounted adjacent to or integral with each pedestrian pushbutton.
Bulldog Pushbutton
a. The Push Button shall be capable of continuous operation within a temperature range of -30º to 165ºF (-34º to 74ºC).
b. The Push Button shall be ADA compliant, and shall operate as a normally open (n/o) circuit.
MEASUREMENT AND PAYMENT
The contract price per each for Install Solar Rectangular Rapid Flashing Beacon (Bid Item 15) shall include compensation for the installation of the RRFB system and construction layout, including all mounting hardware, conduit, pull boxes and cabling, including configuration of the system and testing shall be included in the contract lump sum price paid for the RRFB System and no additional compensation will be allowed therefor.
The contract price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing and installing, modifying, or removing the systems, combinations or units thereof, as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer, including any necessary pull boxes; excavation and backfill; concrete foundations; pedestrian barricades; furnishing and installing poles; restoring sidewalk, pavement and appurtenances damaged or destroyed during construction; salvaging existing materials; and making all required tests.
Full compensation for all additional materials and labor, not shown on the plans or specified, which are necessary to complete the installation of the various systems, shall be considered as included in the prices paid for the systems, or units thereof, and no additional compensation will City of Richmond
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be allowed therefor.
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SECTION SP-35 - ROADSIDE SIGNS
Work includes sign installation as shown on plans and as directed by the engineer. Sign installation shall conform to the provisions in Section 82- 3, “Roadside Signs,” of the Standard Specifications and these provisions. Traffic signs shall conform to the latest edition of the MUTCD California Supplement.
All new sign posts shall be 2- inch inside diameter galvanized Schedule 40 steel pipe and conform to Contra Costa County Standard Plans CRS1i unless noted on the contract drawings.
The post shall be of sufficient length to fasten the specified number of signs with minimum ground clearance, and 2.5 - foot foundation depth. All post tops shall be fitted with a slip-on aluminum cap.
Concrete for roadside sign bases shall be Minor Concrete to the Standard Specifications. Portland cement concrete structures shall conform to the provisions in Section 51, "Concrete Structures," of the Standard Specifications and these special provisions.
When conflict exists between specifications published in the City of Richmond Standard Plans and Contra Costa County Standard Plans, the specifications indicated in the City of Richmond Standard Plans shall take precedence.
Sign panels shall be constructed from 0.080 gauge new sheet aluminum alloy 5052 H38 or 6061- T6 conforming to the requirements of ASTM B -209. Shape, color, legend, and size shall conform to the current Caltrans sign specifications.
Sign panel fastening hardware and mountings including straps and saddle brackets necessary for mounting signs panels to electroliers shall conform to Caltrans Standard Plan RS4 and be stainless steel conforming to the specifications of ASTM A 167, Type 302 or 304. Theft -proof bolts shall be provided for all signs.
MEASUREMENT AND PAYMENT
The contract price per each for Install New Sign and Post (Bid Item 19) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in construction layout, earthwork, subgrade preparation, clearing & grubbing, furnishing and installing, including post, foundation, panel, hardware, disposal of material, complete in place as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.
Multiple sign panels installed on one post will count as one sign.
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Appendices
APPENDICES
City of Richmond
Lincoln Elementary School Safe Route Improvements
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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
City of Richmond
Lincoln Elementary School Safe Route Improvements
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B
APPENDIX B – CITY OF RICHMOND – INSURANCE
REQUIREMENTS – CONSTRUCTION PROJECTS
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
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
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
C
APPENDIX C – 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.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
D
APPENDIX D - CITY OF RICHMOND – STORM
WATER PROTECTION FOR CONSTRUCTION
CONTRACTS
STORMWATER PROTECTION FOR
CONSTRUCTION CONTRACTS
The goal of these requirements is to prevent the pollution of storm water runoff from construction projects by keeping pollutants out of storm drains, reducing the exposure and discharge of materials and wastes to storm water, and by reducin g erosion and sedimentation. Storm drains discharge runoff directly to creeks and the Bay wit hout treatment. City of Richmond is required under its stormwater discharge NPDES permit from th e Regional Water Quality Control Board (RWQCB) to reduce pollutants in stormwater runoff f rom construction sites to the maximum extent practicable.
A. General Requirements
The following requirements shall be met on all projects for City of Richmond.
1) Employee and Subcontractor Training and Awareness
a. The CONTRACTOR shall train all employees/subcontrac tors on the storm water pollution prevention requirements contained in these Specifications.
b. The CONTRACTOR shall inform subcontractors of the s torm water pollution prevention contract requirements an d include appropriate subcontract provisions to ensure that t hese requirements are met.
c. The CONTRACTOR shall label new storm drain inlets, constructed as part of the project, with the “No Du mping” message (to obtain a stencil or marker, contact your local public works department or water quality agency).
2) Nonhazardous Material / Waste Management
a. Designated Area
The CONTRACTOR shall propose designated areas of th e
project site, for approval by the ENGINEER, suitabl e for material delivery, storage, and waste collection th at are near construction entrances and away from storm drain inlets, gutters, drainage courses, and creeks.
b. Granular Material
i) The CONTRACTOR shall store granular material at
least ten feet away from storm drain inlet and curb
returns.
ii) The CONTRACTOR shall not allow granular material to enter the storm drains or creeks.
iii) When rain is forecast within 24 hours or during wet weather, the ENGINEER may require the
CONTRACTOR to cover granular material with a
tarpaulin and to surround the material with sand bags.
c. Dust Control
i) The CONTRACTOR shall use reclaimed water to
control dust on a daily basis or as directed by the
ENGINEER.
d. Street Sweeping
i. At the end of each working day or as directed by the ENGINEER, the CONTRACTOR shall clean and sweep
roadways and on-site paved areas to remove all materials attributed to or involved in the work. The
CONTRACTOR shall not use water to flush down
streets in place of street sweeping.
b. Recycling
i) The CONTRACTOR shall recycle aggregate base materia l, asphalt concrete, and Portland cement concrete.
ii) In addition, to the maximum extent practicable, the CONTRACTOR shall reuse or recycle any useful constr uction materials generated during the project.
c. Disposal
i) At the end of each working day, the CONTRACTOR shall collect all scrap, debris, and waste material, and dispose of such materials properly
ii) The CONTRACTOR shall inspect dumpsters for leaks and contact trash hauling contractors to replace or repair dumpsters that leak. iii) The CONTRACTOR shall not discharge water on-site fr om cleaning dumpsters.
iv) The CONTRACTOR shall arrange for regular waste coll ection before dumpsters overflow.
3) Hazardous Material / Waste Management
a. Storage
i) The CONTRACTOR shall label and store all hazardous materials, such as pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, such as waste oil, antifreeze and mercury- containing devices such as thermostats and fluorescent light bulbs in accordance all applicable local, State and Federal regulations. ii) The CONTRACTOR shall store all hazardous materials and all hazardous wastes in accordance with secondary conta inment regulations, and it is recommended that these materials and wastes be covered, as needed, to avoid potential management of collected rainwater as a hazardous waste.
iii) The CONTRACTOR shall keep an accurate, up-to-date inventory, including Material Safety Data Sheets (MSDSs), of h azardous materials and hazardous wastes stored on-site, to assist emergency response personnel in the event of a hazardous materials incident. b. Usage
i) When rain is forecast within 24 hours or during wet weather, the ENGINEER may prevent the CONTRACTOR from applying
chemicals in outside areas.
ii) The CONTRACTOR shall not over-apply pesticides or fertilizers and shall follow material manufacturers’ instructio ns regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals. Over-application of a pesticide cons titutes a “label
violation” subject to an enforcement action by your local Agricultural Commissioner.
c. Disposal
i) The CONTRACTOR shall arrange for regular hazardous waste collection to comply with time limits on storage of hazardous wastes.
ii) The CONTRACTOR shall dispose of hazardous waste onl y at authorized and permitted Treatment, Storage, and Di sposal Facilities, and use only licensed hazardous waste h aulers to remove the waste off-site, unless quantities to be transported are below applicable threshold limits for transportatio n specified in State and Federal regulations.
iii) If the CONTRACTOR qualifies as a “Conditionally Exe mpt Small Quantity Generator” as defined under State an d Federal regulations then the CONTRACTOR may be able to disp ose of this waste through a local sponsored small quantity generator program. Contact your local hazardous waste manage ment agency for information on these programs.
iv)
4) Spill Prevention and Control
a. The CONTRACTOR shall keep a stockpile of spill clea nup materials, such as rags or absorbents, readily accessible on-site, and ensure that all employees know where these materials are and how to use them.
b. The CONTRACTOR shall immediately contain and preven t leaks and spills from entering storm drains, and properly clean up a nd dispose of the waste and cleanup materials. If the waste is hazardous, the CONTRACTOR shall handle the waste as described in section A.3.c above.
c. The CONTRACTOR shall not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials. d. The CONTRACTOR shall report any hazardous materials spill to the local fire department.
B. Activity-Specific Requirements
The following requirements shall be met on all proj ects for City of Richmond that include the listed activities.
Dewatering Operations
Sediment Control
The CONTRACTOR shall route water through a control measure, such as a sediment trap, sediment basin, or Baker tank, to remove settleable solids prior to discharge to the storm drain system.
Approval of the control measure shall be obtained in advance from the ENGINEER.
Filtration of the water following the control measu re may be required on a case-by-case basis.
If the ENGINEER determines that the dewatering operation would not generate an appreciable amount of settleable solids, the control measure requirement in i) above may be waived.
The CONTRACTOR shall reuse water for other needs, s uch as dust control or irrigation, to the maximum extent practicable.
Contaminated Groundwater
If the project is within an area of known groundwat er
contamination, then water from dewatering operation s shall be tested prior to discharge. If the water quality me ets Regional Water Quality Control Board (RWQCB) standards, then it may be discharged to the storm drain. If the water qualit y meets local sanitary sewer pretreatment regulations, then it may be discharged to the sanitary sewer with prior approval from the local wastewater management authority. Otherwise, the water shall b e treated or hauled off-site for proper disposal.
If the project is not within an area of known groun dwater contamination, then monitoring shall only be requir ed if directed by the ENGINEER. The CONTRACTOR shall follow secti on
B.1.b.i above, if contamination is found.
If the project is found to be within an area of gro undwater contamination not identified in the project specifications, a change order shall be negotiated to cover additional work performed by the CONTRACTOR.
Paving Operations
Project Site Management
When rain is forecast within 24 hours or during wet weather, the ENGINEER may prevent the CONTRACTOR from paving.
The ENGINEER may direct the CONTRACTOR to protect
drainage courses by using control measures, such as earth dike, and sand bag, to divert runoff or trap and filter sediment.
The CONTRACTOR shall place drip pans or absorbent m aterial under paving equipment when not in use.
The CONTRACTOR shall cover storm drain inlets and manholes when paving or applying seal coat, tack coat, slurr y seal, or fog seal.
If the paving operation includes an on-site mixing plant, the CONTRACTOR shall comply with General Industrial Act ivities Storm Water Permit requirements.
Paving Waste Management
The CONTRACTOR shall not sweep or wash down excess sand (placed as part of a sand seal or to absorb excess oil) int o gutters, storm drains, or creeks. Instead, the CONTRACTOR shall either collect the sand and return it to the stockpile, or dispose of it in a trash container.
The CONTRACTOR shall not use water to wash down asp halt or concrete pavement.
Marking paint shall be removed from paving using dry methods such as a wire brush and vacuum. If water is used, all wastewater shall be collected and disposed of to a dirt area or to the sanitary sewer.
Saw Cutting
During saw cutting, the CONTRACTOR shall cover or b arricade storm drain inlets using control measures, such as filter fabric, straw bale s, sand bags, and fine gravel dams, to keep slurry out of the storm drain system. When protecting a storm drain inlet, the CONTRACTOR shall ensure that the entire opening is covered.
The CONTRACTOR shall shovel, absorb, or vacuum saw cut slurry and pick up the waste prior to moving to the next location or at the end of each working day, whichever is sooner.
If saw cut slurry enters storm drain inlets, the CO NTRACTOR shall remove the slurry from the storm drain system immediately.
Contaminated Soil Management
On all projects involving grading or excavation, th e CONTRACTOR shall look for contaminated soil as evidenced by site history, dis coloration, odor, differences in soil properties, abandoned underground tanks or pipes, or buried debris. If the project is not within an area of known soil contamination and no evidence of soil contamination is found, then testing of the soil shall only be required if directed by the ENGINEER. The CONTRACTOR shall follow section B.4.b below, if contamination is found.
If the project is within an area of known soil cont amination or evidence of soil contamination is found, then soil from grading or excavation oper ations shall be tested. The soil shall be managed as required by the local hazardous waste management agency.
If the project is found to be within an area of soi l contamination not identified in the project specifications, a change order shall be negotiated to cover additional work performed by the CONTRACTOR.
Concrete, Grout, and Mortar Waste Management
The CONTRACTOR shall store concrete, grout, and mor tar away from drainage areas and ensure that these materials do not enter the storm drain system.
Concrete Truck/Equipment Wash Out
The CONTRACTOR shall not wash out concrete trucks o r equipment into streets, gutters, storm drains, or creeks.
The CONTRACTOR shall perform washout of concrete tr ucks or equipment off-site or in a designated area on-site where the water will flow onto dirt or into a temporary pit in a di rt area. The CONTRACTOR shall let the water percolate into the s oil and dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, then the CONTRACTOR sha ll collect the wash water and remove it off-site.
Exposed Aggregate Concrete Wash Water
The CONTRACTOR shall avoid creating runoff by draining water from washing of exposed aggregate concrete to a dirt are a to percolate and evaporate. If a suitable dirt area is not avai lable, then the CONTRACTOR shall filter the wash water or allow sol ids to settle out and pump the water to a sanitary sewer (first check with your local wastewater authority).
The CONTRACTOR shall collect and return sweepings f rom exposed aggregate concrete to a stockpile or dispose of the waste in a trash container.
Painting
Painting Cleanup
Designated Area
The CONTRACTOR shall conduct cleaning of painting
equipment and tools in a designated area that will not
allow run-on of storm water or runoff of spills.
The CONTRACTOR shall not allow wash water from
cleaning of painting equipment and tools to drain i nto streets, gutters, storm drains, or creeks.
Water-based Paint
The CONTRACTOR shall remove as much excess paint
as possible from brushes, rollers, and equipment be fore starting cleanup.
To the maximum extent practicable, the CONTRACTOR
shall dispose of wash water from aqueous cleaning o f
equipment and tools to the sanitary sewer.
Otherwise, the CONTRACTOR shall direct wash water
onto dirt area and spade in.
Oil-based Paint
The CONTRACTOR shall remove as much excess paint
as possible from brushes, rollers, and equipment be fore starting cleanup.
To the maximum extent practicable, the CONTRACTOR
shall filter paint thinner and solvents for reuse.
The CONTRACTOR shall dispose of waste thinner and
solvent, and sludge from cleaning of equipment and tools as hazardous waste, as described in section A.3.c above.
Painting Materials and Waste Management
The CONTRACTOR shall store paint, solvents, chemicals, and waste materials in compliance with all applicable local, State and Federal regulations. The CONTRACTOR shall store these materials in a designated area that will not allow run-on of storm water or runoff of spills.
The CONTRACTOR shall dispose of excess thinners, so lvents, oil- and water-based paint as hazardous waste.
The CONTRACTOR shall dispose of dry, empty paint cans/buckets, old brushes, rollers, rags, and drop cloths in the trash.
Earthwork
The CONTRACTOR shall maximize the control of erosio n and sediment by using the BMPs for erosion and sedimentation in the RWQCB’s Erosion and Sediment Control Field Manual .
Vehicle / Equipment Cleaning
The CONTRACTOR shall not perform vehicle or equipme nt cleaning on- site or in the street using soaps, solvents, degrea sers, steam cleaning equipment, or equivalent methods.
The CONTRACTOR shall perform vehicle or equipment c leaning offsite, or onsite with water only, in a designated, bermed area that will not allow rinse water to run off-site or into streets, gutters, storm drains, or
creeks.
Vehicle / Equipment Maintenance and Fueling
The CONTRACTOR shall perform maintenance and fueling of vehicles or equipment in a designated, bermed area or over a dr ip pan that will not allow run-on of storm water or runoff of spills.
The CONTRACTOR shall use secondary containment, suc h as a drip pan, to catch leaks or spills any time that vehicle or e quipment fluids are dispensed, changed, or poured.
The CONTRACTOR shall keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site.
The CONTRACTOR shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cle anup materials as hazardous waste, as described in section A.3.c above.
The CONTRACTOR shall not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials.
The CONTRACTOR shall report any spill of vehicle fl uids to City of Richmond.
The CONTRACTOR shall inspect vehicles and equipment arriving on-site for leaking fluids and shall promptly repair leakin g vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made.
The CONTRACTOR shall recycle waste oil and antifreeze.
The CONTRACTOR shall comply with local, State and F ederal requirements for aboveground storage tanks.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
E
APPENDIX E - CITY OF RICHMOND – ELECTRONIC
CERTIFIED PAYROLL
Certified Labor Compliance Payroll Report Submission via Anovo Systems, LLC: The Prime Contractor is required to register to utilize Anovo Systems, LLC for inputting certified payroll and related information as well as contract payment tracking information for itself. The Prime Contractor is responsible to enforce these requirements on all tiers of subcontractors providing work on behalf of the applicable project. Anovo Systems, LLC can be readily accessed remotely through the web at the following url: www.anovosys.com and is independent of the awarding agency. It has been optimized for use on tablets as well as cell phones. All tiers of contractors must submit all related documentation through Anovo Systems, LLC. Once the agency establishes the project in Anovo System, Inc. and identifies their awarded Prime Contractor, the Prime Contractor will receive a Log-In and Password to begin utilizing the system. The Contractor is required to contract with Anovo Systems, LLC for the entire duration of project construction.
The Prime Contractor will be charged a monthly fee of $150 for all contracts below $5 million. All contracts in excess of $5+ million will be charged $300 monthly. All charges will be assessed on the Prime Contractor until the City of Richmond files a project notice of completion. The Prime Contractor’s initial payment is due within 30 days of the Notice to Proceed date with regular payments due every thirty days or no later than the 21
st of the month, whichever comes first. All payments shall be made payable to the Anovo Systems, LLC and must reference the applicable project number(s) and the month for which the payment is being made and shall be sent by the Prime Contractor to Anovo Systems, LLC, 333 Hegenberger Road, Suite 750, Oakland, CA 94621. There will not be any fees assessed to subcontractors of any tier for access to the system. Access may be suspended for payments more than 30 days in arrears.
California Department of Industrial Relations (CA DIR) SB854 requires all tiers of contractors to be registered with the CA DIR on an annual basis. Our system will verify all tiers of contractors’ registration status when the contractor is initially being added to the system, with the potential of not allowing unregistered contractors to move forward in their registration process until the registration is received and documented on the CA DIR registration database as directed by the City of Richmond. CA DIR SB854 also requires all certified payroll reporting information to be submitted through their eCPR system.
They have enabled and Anovo Systems, LLC has the capability to upload the applicable certified payroll reports directly into the DIR eCPR system by utilizing an upload function using DIR’s eCPR XML Schema to remove duplicative work.
Anovo Systems, Inc. provides benefits seamlessly aggregating project labor and contract compliance data within a single system. This process allows for ease of compliance determinations as well as providing statistical analyses of how public agency money is spent among their targeted workforce as well as targeted contractors, whose economic development and growth the agency seeks to promote.
The City of Richmond will host a monthly training session that all tiers of contractors listed on a City of Richmond Public Works project may attend. Details regarding the training session shall be disseminated to Prime Contractors after receipt of their Anovo Systems, LLC initial payment. Anovo Systems, LLC also maintains a robust help function and allows you to submit questions via email, with both operations residing within the system.
Also, a City of Richmond computer with online capability to access Anovo Systems, LLC is available, as needed, Monday through Friday between the hours of 10:00 am and 4:30 pm. To arrange additional training on the use of Anovo Systems, LLC or to use the City’s computer, the Contractor’s payroll resource (staff or business service) may contact Priscilla Mars, Anovo Systems, (510) 986-1100 ext 6.
While the submission of hard copies of certified payrolls is no longer necessary with the implementation of this program, contractors and subcontractors will continue to be required to submit a signed, original affidavit, made under penalty of perjury - that states that the information contained in each submitted Anovo Systems, LLC payroll record is true and correct. Electronic submittal of weekly payroll information is consistent with California Department of Industrial Relation Public Works payroll reporting requirements.
Payment: The Contractor shall absorb in the bid all costs incurred from these electronic payroll submission requirements.
City of Richmond
Lincoln Elementary School Safe Route Improvements
CML-5137(055)
F
APPENDIX F - CITY OF RICHMOND – PLANS
1401 Willow Pass Road, Suite 500, Concord CA. 94520WeAreHarris.com (925) 827-4900 Docusign Envelope ID: 1CB59C52-C717-4293-95E1-1B520CE0DBFB 9/25/2024
1401 Willow Pass Road, Suite 500, Concord CA. 94520WeAreHarris.com (925) 827-4900
1401 Willow Pass Road, Suite 500, Concord CA. 94520WeAreHarris.com (925) 827-4900
1401 Willow Pass Road, Suite 500, Concord CA. 94520WeAreHarris.com (925) 827-4900
1401 Willow Pass Road, Suite 500, Concord CA. 94520WeAreHarris.com (925) 827-4900
1401 Willow Pass Road, Suite 500, Concord CA. 94520WeAreHarris.com (925) 827-4900
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