City of Richmond
Selective Interior Demolition
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CITY OF RICHMOND
PORT DEPARTMENT
______________________________________________________________________________
NOTICE TO CONTRACTORS
BID PROPOSAL
AND
SPECIAL AND TECHNICAL PROVISIONS
FOR
BUILDING 23: CAFETERIA
SELECTIVE INTERIOR DEMOLITION
MAY 2025
City of Richmond
Selective Interior Demolition
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City of Richmond
Selective Interior Demolition
`
BUILDING 23: CAFETERIA SELECTIVE INTERIOR DEMOLITION
The special provisions contained herein have been prepared for construction by or under the direction of the following Registered Person.
05.12.2025
Robert Stevens
Registered Civil Engineer, Number 58660
CSWST2
City of Richmond
Selective Interior Demolition
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TABLE OF CONTENTS
INTRODUCTION .......................................................................................................................... 1 INVITATION FOR BIDS .............................................................................................................. 3 INSTRUCTIONS TO BIDDERS ................................................................................................... 6 BID PROPOSAL .......................................................................................................................... 19 BID SCHEDULE .......................................................................................................................... 20 SUBCONTRACTOR FORM ....................................................................................................... 24 PUBLIC CONTRACT CODE ...................................................................................................... 27 DEBARMENT AND SUSPENSION CERTIFICATION ........................................................... 29 BIDDER’S NON-COLLUSION AFFIDAVIT ............................................................................ 30 BIDDER’S BOND ........................................................................................................................ 31 PERFORMANCE BOND ............................................................................................................. 33 PAYMENT BOND ....................................................................................................................... 35 WARRANTY BOND ................................................................................................................... 37 FIRST SOURCE AGREEMENT ................................................................................................. 39 CONTRACT ................................................................................................................................. 40 SPECIAL PROVISIONS .............................................................................................................. 57 SECTION SP-1 – STANDARD SPECIFICATIONS .......................................................... 58 SECTION SP-2 – PLANS AND SPECIFICATIONS .......................................................... 59 SECTION SP-3 - AWARD AND EXECUTION OF CONTRACT ................................... 60 SECTION SP-4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ................................................................................................... 62 SECTION SP-5 - PUBLIC NOTICES .................................................................................. 65 SECTION SP-6 – WATERING ............................................................................................. 66 SECTION SP-7 – GENERAL ................................................................................................ 67 SECTION SP-10 – MOBLIZATION .................................................................................... 76 SECTION SP-14 - DISPOSAL OF MATERIALS .............................................................. 77 TECHNICAL PROVISIONS ....................................................................................................... 78 TS-1 SELECTIVE DEMOLITION....................................................................................... 79
City of Richmond
Selective Interior Demolition
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APPENDICES
APPENDIX A – CITY OF RICHMOND – FIRST SOURCE AGREEMENT .................. A APPENDIX B – CITY OF RICHMOND – INSURANCE REQUIREMNTS – CONSTRUCTION PROJECTS .............................................................................................. B
APPENDIX C - COMMUNITY WORKFORCE PROJECT STABILIZATION
AGREEMENT .......................................................................................................................... C APPENDIX D – HAZARDOUS MATERIALS REPORT................................................... D City of Richmond
Selective Interior Demolition
Introduction
1 City of Richmond
Port Department
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:
BUILDING 23: CAFETERIA SELECTIVE INTERIOR DEMOLITION
3. DEFINITIONS
The following terms as used in the Contract Documents and in the Contractual Agreement signed by the Contractor shall have the meanings set forth below:
"City" shall mean the City of Richmond, California.
"Contract" shall mean both the Contract Documents and the Contractual Agreement for the completion of the Project which is signed by the Contractor.
"Contractor" shall mean the bidder who signs the Contractual Agreement for the Project substantially in the form set forth in the Contract Documents labeled, "Contractual Agreement Form."
“Department” shall mean the City of Richmond, California.
"Engineer" shall mean the City Engineer or his designated representative.
"Local Public Agency" shall mean the City of Richmond, California.
"Standard Specifications" shall mean 2022 edition of the State of California Department of Transportation Standard Specifications.
"City Standard Details" shall mean the Standard Details City of Richmond
Selective Interior Demolition
Introduction
2 END OF INTRODUCTION
City of Richmond
Selective Interior Demolition
Invitation for Bids
3 CITY OF RICHMOND
PORT DEPARTMENT
INVITATION FOR BIDS
BID OPENING: The City of Richmond will receive sealed bids for the Building 23: Cafeteria Selective Demolition Project electronically through BidsOnline until 2:00pm PST on Thursday June 26, 2025. All bid forms must be electronically submitted by the due date and time or the bid will not be considered.
INSPECTION: The City of Richmond will allow prospective vendors to inspect the site on Monday June 9, 2025 from 1:00pm PST to 2:00pm PST.
QUESTIONS: All questions relative to this bid must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00pm PST on Wednesday, June 11, 2025. If the City of Richmond finds it necessary to issue an addendum, prospective bidders will receive e-mail notification of the addendum. City will issue addendum by Monday, June 16, 2025. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent accordingly. It is the bidders responsibility to periodically check the BidsOnline website, www.ci.richmond.ca.us/bids for any possible Addenda to the bid that may have been posted.
WORK DESCRIPTION: In general, the work consists of removal of interior walls, ceiling tiles, wood, and related items as required by the Drawings, Standard Specifications, of these Special Provisions.
The Engineer’s Estimate of Probable Construction Cost for the Base Bid Work is approximately:
$100,000.
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 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 City of Richmond
Selective Interior Demolition
Invitation for Bids
4 costs. A bidder who claims a mistake or who forfe its 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 ex actly 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 afte r 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 thereo f under the same or diff erent 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, part nership, corporation, or combination thereof is interested. If there is re ason for believing that collusion exists among the bidders, any or all proposals may be rejected . Proposals in which the prices obviously are unbalanced may be rejected as not responsive.
PREVIOUS DISQUALIFICATION, REMO VAL, 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 othe rwise 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 ha ve been issued by the City of Richmond. It is the bidders’ responsibility to ensure that all requirements of contract addenda are include d 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 th e proposal to be considered as non-responsive and shall be grounds for rejection of the bid.
CONTRACTOR’S LICENSE: All bidders are subject to Calif ornia contractor’s licensing laws and the provisions of Business and Professions Code Section 7028.15. A California Type A, B, C- 21 Contractor’s license is required to bid this Contract. Joint ventures must secure a joint venture license prior to award of this Contract. Other licenses and/or certifications may be required for specialty work and removal of hazardous materials.
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 Contract or must ensure that employees and applicants for em ployment are not discriminated against because of their race, color, religion, sex or national origin.
City of Richmond
Selective Interior Demolition
Invitation for Bids
5 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
Selective Interior Demolition
Instructions to Bidders
6 CITY OF RICHMOND
PORT DEPARTMENT
INSTRUCTIONS TO BIDDERS
1. GENERAL INFORMATION
A. Bids are invited for construction for the Building 23: Cafeteria Selective Interior Demolition.
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
See the Invitation to Bid for details on site inspection. 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.
City of Richmond
Selective Interior Demolition
Instructions to Bidders
7 C. The City reserves the right to accept bids on work and alternatives listed in the bid form in sum total or individually or in any combination unless the bid form makes specific provision to the contrary.
D. Unless called for, alternative bids will not be considered.
E. Modification of bids already submitted will be considered only if received at the office designated in the invitation for bids by the time set for opening of bids.
F. Pursuant to the provisions of Section 4100 through 4113 of the Public Contracts Code of the State of California, every bidder shall, in his bid, set forth:
1) The Name and Location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent of the bidder’s total bid. 2) The portion of the work that will be done by each such subcontractor.
G. In the event that alternative bids are called for and bidder intends to use different or additional subcontractors on the alternative or alternatives, he shall fill out additional forms of the Subcontractors List and shall indicate on such forms whether they apply to the base or alternative bids.
H. If the bidder fails to specify a subcontractor for any portion of the work to be performed under the Contract in excess of one-half of one percent of the bidder’s total bid or, in the case of bids for the construction of streets and highways, including bridges, in excess of one-half of one percent of the total bid, or $10,000, whichever is greater, he agrees to perform that portion himself. The successful bidder shall not, without the consent of the City, either:
1) Substitute any person, firm, or corporation as subcontractor in place of the subcontractor designated in the original bid, or
2) Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid.
I. Bids shall be accompanied by a certified or cashier’s check, or an acceptable bidder’s bond for an amount not less than ten percent (10%) of the bid, made payable to the order of the City of Richmond, California. Said check or bond shall be given as a guarantee that the bidder will timely enter into a Contract and provide all required insurance and bonds if awarded the work. In the case of refusal or failure to timely provide all required documents and enter into said Contract, the check or bond, as the case may be, shall be forfeited to the City of Richmond, California, as provided by law.
J. Before submitting a bid, bidders shall carefully examine the Plans, Specifications, and City of Richmond
Selective Interior Demolition
Instructions to Bidders
8 the form of Contract, shall visit the site of work, and shall fully inform themselves as to all existing conditions and limitations, and shall include in the bid a sum to cover the cost of all items included in the Contract.
K. Bidders shall give prices for each and all of the items set forth. The bidder shall set forth for each item of work, in clearly legible figures, a lumpsum price in spaces provided for this purpose. In case of differences between the lumpsum bid price for the project and the total of the lumpsum prices quoted for each item of work, the total of lumpsum prices quoted for each item of work will take precedence.
L. Bids, and modifications thereof, if any, shall be delivered to the office of the City Clerk, City of Richmond, County of Contra Costa, California, on or before the day and hour set for the opening of bids in the Notice Inviting Bids, enclosed in a sealed envelope, and bearing the Project No. and Title of the work and the name of the bidder.
M. The contract may not be awarded to a Contractor who is ineligible pursuant to Section 1771.1 or 1777.7 of the Labor Code, nor may any subcontract be awarded to a subcontractor that who is ineligible pursuant to Section 1771.1 or 1777.7 of the Labor Code. In accordance with Section 1771.1 of the California Labor Code, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. In accordance with Section 1771.4 of the California Labor Code, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
4. CONTRACTOR’S LICENSE
No bid may be considered from a Contractor who, at the time the contract is awarded, is not licensed to perform the project in accordance with Division 3, Chapter 9, of the Business and Professions Code of the State of California. In the event of a dispute as to the classification of license required, the decision of the Contractor’s State License Board shall prevail. The classification of Contractor’s license required in the performance of this Contract is a Class A or C-33. Please note that there are other licensing requirements for City of Richmond
Selective Interior Demolition
Instructions to Bidders
9 particular items of work; 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 20 working days for Base Bid work after execution of contract and Notice to Proceed has been issued.
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.
City of Richmond
Selective Interior Demolition
Instructions to Bidders
10 B. If any Contractor, or any subcontractor used in the work by the Contractor, is currently in violation of any federal, state or local law or ordinance related to public works bidding or construction, the Contractor's bid may be deemed to be non-responsible.
C. The Contractor and all subcontractors shall comply with the following City of Richmond Codes and Ordinances, which are incorporated into the Contract Documents by this reference:
1. Nondiscrimination Clause in City Contracts (RMC Chapter 2.28)
2. Business Opportunity Ordinance No. 16-12 N.S. (RMC Chapter 2.50)
3. Local Employment Program Ordinance No. 15-10 N.S. (RMC Chapter 2.56)
4. Living Wage Ordinance No. 15-17 N.S.(RMC Chapter 2.60)
a. Except as provided in Section 2.60.080, the Living Wage Ordinance requires that an employer under contract valued at $25,000 or greater and/or an employers with ten or more employees provide to its covered employees the following minimum compensation terms for the duration of the covered period:
• Not less than $16.17/hour if employer pays at
$1.50/hour/employee towards an employee medical benefits plan; or
• Not less than $17.67/hour if the employer does not provide the employees with such medical benefits plan.
5. Ordinance Banning the Requirement to Provide information of Prior Criminal Convictions on all Employment Applications No. 14-13 N.S. (“Ban the Box”) (RMC Chapter 2.65)
6. Sanctuary City Contracting and Investment Ordinance No. 12-18 N.S.
D. City Ordinances may be found in their entirety at:
https://www.ci.richmond.ca.us
https://library.municode.com/ca/richmond/codes/code_of_ordinances
E. For general information, questions, requests for clarification, or comments regarding compliance with all local, state, and federal ordinances must be submitted in writing using the electronic BidsOnline system discussed in the Invitation to Bid. All clarifications and interpretations affecting the project will be issued by written 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.
City of Richmond
Selective Interior Demolition
Instructions to Bidders
11 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
A. The City will, before any award of the Contract is made, require any bidder to whom it City of Richmond
Selective Interior Demolition
Instructions to Bidders
12 may make an award of the principal Contract, to execute a Non-Collusion Affidavit.
B. The City may require that the principal Contractor shall, before awarding any subcontract, secure from the proposed subcontractor a Non-Collusion Affidavit.
16. INDEMNIFICATION AND INSURANCE
Attention is directed to Section 7-1.05, "Indemnification" of the State Standard Specifications and these Special Provisions.
Indemnification - Contractor shall indemnify, and shall cause all subcontractors to indemnify, the City in accordance with Section 3.4 of the Construction Agreement.
Insurance - Contractor shall provide and maintain the insurance requirements and limits as specified in the “City of Richmond – Insurance Requirements – Construction Projects”, attached in Appendix B for the duration of the contract, agreement, or other order of work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees, or subcontractors.
Insurance certificates and endorsements shall be reviewed and approved by the City’s Risk Management before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsem ents affecting the coverage at any time.
Upon notification of receipt by the City of a Notice of Cancellation, major change in coverage or expiration, Contractor shall file with the City a certified copy of the required new renewal policy and certificates for such policies.
If at any time during the life of the Contract or any extension the Contractor fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately and all payments due or that become due to the Contractor will be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance will be sufficient cause for City to terminate the Contract
17. PERMITS
The Contractor shall obtain and pay for 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 City of Richmond
Selective Interior Demolition
Instructions to Bidders
13 their subcontractors shall obtain and pay for all licenses required the City including a City business license. The Contract and its sub-Contractor are required to secure a City encroachment permit; the Contractor at its option may include one or more of their sub- Contractors under their encroachment permit.
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 City of Richmond
Selective Interior Demolition
Instructions to Bidders
14 following requirements:
1. The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.
2. The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
3. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
4. Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor's employees on the public works project and any amounts due pursuant to Section 1813 of the Labor Code.
D. Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if the Department did not retain sufficient money under the contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, the Contractor shall pay all moneys retained from the subcontractor to the Department.
These moneys shall be retained by the Department pending the final decision of an enforcement action.
City of Richmond
Selective Interior Demolition
Instructions to Bidders
15 E. Pursuant to the requirements in Section 1773 of the Labor Code, the City has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of the Labor Code, apprenticeship or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.
F. The general prevailing wage rates and any applicable changes to these wage rates are available from the California Department of Industrial Relations' Internet Web Site at: http://www.dir.ca.gov
.
G. The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates. Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for bids and are good for the life of the contract. Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the contract. The Contractor shall contact the Department of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes.
H. Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.
I. Changes in general prevailing wage determinations which conform to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204 shall apply
to the project when issued by the Director of Industrial Relations at least 10 days prior to the date of the Notice to Contractors for the project.
J. The City of Richmond will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the bid, and will not under any circumstances be considered as the basis of a claim against the City on the contract.
19. GUARANTY
City of Richmond
Selective Interior Demolition
Instructions to Bidders
16 All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.
The City is hereby authorized to make such repairs if within (10) days after giving written notice to the Contractor, or his agent, the Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor shall pay the costs thereof.
The Contractor shall, upon completion of the Contract and prior to filing of the Notice of Completion, post a Maintenance Bond in the amount of ten percent (10%) of the Contract value. The Maintenance Bond shall remain in full force and effect through the guaranty period of one (1) year.
20. EXECUTION OF CONTRACT
The contract shall be signed by the successful bidder and returned, together with the contract bonds and insurance endorsements, within ten (10) working days after the bidder has received the contract documents.
21. ASSIGNMENT
The performance of the Contract may not be assigned, except upon the written consent of the City. Consent will not be given to any proposed assignment that would relieve the original Contractor or its surety of their responsibilities under the Contract, nor will the City consent to any assignment of a part of the work under the Contract.
22. CONTRACTORS INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of work under this Contract, as a result of failure on initial investigations or reports prepared by City for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
23. SIGNATURE OF CONTRACTOR
Corporations:
City of Richmond
Selective Interior Demolition
Instructions to Bidders
17 The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk’s office.
Partnerships:
The names of all persons comprising the partnership or co-partnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner is presented to the City Clerk, in which case the general partner may sign.
Joint Ventures:
Bids submitted as joint ventures must so state and be signed by each joint venture.
Individuals:
Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file in the City Clerk’s office, in which case said person may sign for the individual.
The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature.
24. CONDITIONAL CONTRACT AWARD
Notwithstanding any action by the City Council of Richmond to award a contract to a bidder, all contract awards are expressly conditioned on the timely provision of all required documents, including the executed Contract, to the City. The provision of all such documents is a condition precedent to the effectiveness of any contract award. Failure to provide any of the required documents may result in forfeiture of the bidders bid security as provided by law.
25. BID PROTEST
Any protest pertaining to the proposed award or any other matter relating to the bidding procedure must be submitted in writing to the City no later than 4:00 P.M. of the second business day following the date of bid opening. The protestor must have actually submitted a bid directly to the City on the Project or have been specifically excluded from filing a bid 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 City of Richmond
Selective Interior Demolition
Instructions to Bidders
18 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.
26. Community Workforce and Project Stabilization Agreement This project shall comply with the Community Workforce and Project Stabilization Agreement for the City of Richmond adopted on September 26, 2018. A copy of this agreement is in Appendix C.
END OF INSTRUCTIONS TO BIDDERS
City of Richmond
Selective Interior Demolition
Bid Proposal
19 City of Richmond
Port Department
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. ____________________________________
Building 23: Cafeteria Selective Interior Demolition
The work to be done and referred to herein is in the City of Richmond, Contra Costa County, State of California.
Construction to be in accordance with the Special Provisions including the payment of not less than the minimum wage rates set forth herein an d the Contract annexed hereto and als o in accordance with the State Standard Specifications dated 20 22, and the current "Equipment Rental Rates and t he Contractor is hereby notified that this project is subject to prevailing wage rates as described in the Instructions to Bidders.
To the City of Richmond Department of Public Services:
The undersigned, as Bidder, declares that the only persons or parties interested in this Proposal as principals are those named herein; that this Proposal is made without collusion with any other person, firm or corporation; that they have carefully examined the location of the proposed work; and the Plans therein referred to; and they propose, and agree if this Proposal is accepted, that they will contract with the City of Richmond to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed and according to the requirements of the Engineer as therein set forth, and that they will take in full payment therefor the following item prices to wit:
END OF BID PROPOSAL
City of Richmond
Selective Interior Demolition
Bid Schedule
20 City of Richmond
Port Department
BID SCHEDULE
BASE BID
ITEM DESCRIPTION QUANTITY UNIT UNIT COST
($/UNIT)
COST
($)
1 Selective Demolition 1 LS
2 Supplemental Work 1 Allow $15,000 $15,000
ALLOW = Allowance, LS = Lump Sum
BID SUMMARY
BASE BID
TOTAL PRICE
IN FIGURES $
TOTAL PRICE IN
WORDS
City of Richmond
Selective Interior Demolition
Bid Schedule
21 The undersigned acknowledges the receipt of the following addenda to the drawings and specifications.
Addendum No. Date Addendum No. Date
The undersigned hereby certifies that they understand and agree that the items listed as Bid Alternates may be incorporated into the Contract Documents at the discretion of the City depending on the financial resources available at the time the contract is awarded. The undersigned herby certifies they understand and agree that regardless of whether the City incorporates the use of the Bid Alternates, the Low Bidder will be determined by the Total Bid (as shown above); which is the total of the Base Bid.
The undersigned hereby certifies that he has an appropriate license, issued by the State of California to provide this work; that such license will be in full force and in effect throughout the duration of construction; and that any and all subcontractors to be employed on this project will be similarly licensed.
Dated
California Contractor’s License No.
CONTRACTOR
Signature Print or Type Name and Title
REJECTION OF BIDS:
The undersigned agrees that the City of Richmond reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do so seems to best serve the public interest.
TIME
The undersigned agrees to furnish, within ten (10) working days from the receipt of the Notice of Award of Contract, the items required by Section 1-03 of the Special Provisions. The failure to timely provide such items may result in annulment of the award and forfeiture of the Proposal Guarantee.
City of Richmond
Selective Interior Demolition
Bid Schedule
22 The undersigned agrees to begin work within ten (10) working days after the date specified in the Notice to Proceed.
If the proposal is accepted, the undersigned agrees to execute the required agreement and furnish the required bonds within ten (10) working days from the date of signing of this Contract.
BID DEPOSIT
There is enclosed herewith, a certified check or surety bond in the sum of ten percent (10%) of the base bid DOLLARS AND CENTS ($ ) made payable to the City of Richmond and the undersigned agrees that in case of his failure to execute the necessary contract and furnish the required bonds, the certified check or surety bond the money payable thereon, shall be and remain the property of the City.
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.
City of Richmond
Selective Interior Demolition
Bid Schedule
23 IMPORTANT NOTICE: On a separate sheet of paper, provide the following information. If bidder is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager; if co-partnership, state true name of firm and names of all individual co- partners composing firm; or, if individual, state first and last names in full.
Officer’s Signature Title Date
Officer’s Signature Title Date
Officer’s Signature Title Date
Signature and title of the officer(s) set forth above shall be authorized to sign contracts on behalf of the corporation, co-partnership, or individual. If signature is by an agent, other than an officer of the corporation or a member of a partnership, a Power of Attorney must be on file with the City prior to or at time of bid opening; otherwise, the bid will be subject to rejection by City Council.
Address of Bidder: Corporate Seal:
State of Incorporation
END OF BID SCHEDULE
City of Richmond
Selective Interior Demolition
Subcontractor Form
24 City of Richmond
Port Department
SUBCONTRACTOR FORM
(Required Listing of Proposed Subcontractors)
The Contractor certifies he/she has used the sub-bids of the following listed Contractors in making up his/her bid and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Works Code – “Subletting and Subcontracting Fair Practices Act.” No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Richmond pursuant to Section 4107 of the Public Contracts Code. The following information is required for each subcontractor. Additional pages can be attached if required.
City will not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.
Items
of
Work
Full Company
Name
Richmond
Firm?
Complete Address
with Zip Code
Phone No.
with Area Code
SUBCONTRACTOR’S LIST (Continued)
The bidder is to provide the following information on the sub bids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required.
Subcontractor Form
25 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
END OF SUBCONTRACTOR FORM
Debarment and Suspension Certification
26 BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Bidder is required to state any and all instances of being disqualified, removed, or otherwise prevented from bidding on or completing any contract for construction.
1. Have you ever been disqualified from any contract?
Yes No
2. If yes, explain the circumstances:
_
Signature of Bidder
Debarment and Suspension Certification
27 City of Richmond
Port Department
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 u pon, 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.
Debarment and Suspension Certification
28 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
Debarment and Suspension Certification
29 City of Richmond
Port Department
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.
END OF DEBARMENT AND SUSPENSION CERTIFICATION
Bidder’s Non-Collusion Affidavit
30 City of Richmond
Port Department
BIDDER’S NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
(Must be executed by Bidder and submitted with Bid)
State of California )
) ss
County of )
, being first duly sworn, deposes and says that he or she is of
,
the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone, to fix the bid price of the bidder or any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged the information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or any member or agent thereof to effectuate a collusive or sham bid.
Subscribed and sworn to before me this ____ day of 2023.
By:
Title
Notary Public
Date:
END OF BIDDER’S NON-COLLUSION AFFIDAVIT
Bidder’s Bond
31 City of Richmond
Port Department
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.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's
Bidder’s Bond
32 fees, incurred by the City of Richmond in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals on this
_______day of___________, 202 .
By: __________________________________
Title_________________________________
By:__________________________________
Title:________________________________
Note: This bond must be dated, the surety’s signature must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
END OF BIDDER’S BOND
Performance Bond
33 City of Richmond
Port Department
PERFORMANCE BOND
Bond No. ____________
Whereas, The City Council of the City of Richmond, State of California, and __________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________, 202_, and identified as project __________, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the principal and __________, as surety, are held and firmly bound unto the City of Richmond (hereinafter called “City”), in the penal sum of __________ dollars ($__________) lawful money of the United States, for the payment of which s um well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligati on, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
Performance Bond
34 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
35 City of Richmond
Port Department
PAYMENT BOND
(LABOR AND MATERIALS)
Bond No. ____________
Whereas, The City Council of the City of Richmond, State of California, and __________ (hereinafter designated as “the principal”) have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated __________, 202__, and identified as project __________, is hereby referred to and made a part hereof; and
Whereas, Under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Richmond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
Now, therefore, the principal and ____________, as corporate surety, are held firmly bound unto the City of Richmond (hereinafter called “City”) and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performanc e of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of __________ dollars ($ __________), for materials furnished or labor thereon of any kind, or for amounts due under the 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, cost s and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
Payment Bond
36 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
37 City of Richmond
Port Department
WARRANTY BOND
City of Richmond (“City”) and ____________________________ (“Contractor”) have entered into a contract, dated _________________, 20___ (“Contract”) for work on the Flood Risk Reduction in the Rheem Creek Watershed Project (“Project”). The Contract is incorporated by reference into this Warranty Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and _______________ __________, its surety (“Surety”), are bound to City as obligee in the maximum amount of 15% of the final Contract Price, unless otherwise specified in the Contract Documents.
2. Warranty Period. The Contract requires Contractor to guarantee its work and that of its Subcontractors on the Project, against defects in materials or workmanship which are discovered during the one-year period commencing with City’s acceptance of the Project (“Warranty Period”).
3. Surety’s Obligations. If Contractor faithfully carries out and performs its guarantee under the Contract, and, on due notice from City, repairs and remedies, at its sole expense, any and all defects in materials and workmanship in the Project which are discovered during the Warranty Period, or if Contractor promptly reimburses City for all loss and damage that City sustains because of Contractor’s failure to makes such repairs in accordance with the Contract requirements, then Surety’s obligations under this Bond will be null and void.
Otherwise, Surety’s obligations will remain in full force and effect.
4. Waiver. Surety waives the provisions of Civil Code §§ 2819 and 2845.
5. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:
Attn: _________________________________________________ Address: ______________________________________________ City/State/Zip: _________________________________________ Phone: _______________________________________________ Fax: _________________________________________________ Email: ________________________________________________
6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Contra Costa County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20_________.
[Signatures are on the following page.]
Warranty Bond
38 SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY CITY:
s/ __________________________________ ______________________________ Date
____________________________________
Name, Title
END OF WARRANTY BOND
First Source Agreement
39 City of Richmond
Port Department
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
Contract
40 City of Richmond
Port Department
CONTRACT
CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this ____ day of ____, 201_, by and between the City of Richmond, a municipal corporation and charter city (“City”) and __________________ (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”
RECITALS
A. On ______________, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of _________________, located at ____________ (the “Project”).
B. Contractor submitted the lowest responsive bid and has been determined to be responsible.
C. City now desires to contract with Contractor to furnish construction and related services for the Project.
NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:
ARTICLE I
CONSTRUCTION OF PROJECT
Section 1.1 Contract Documents.
Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids [THIS
LIST MAY BE MODIFIED TO PROVIDE A MORE DETAILED DESCRIPTION OF THE DOCUMENTS FOR YOUR PROJECT – FOR EXAMPLE, YOU MAY SPECIFY THE NUMBER OF RFI/RESPONSES TO RFI THAT RE INCLUDED] – Contractor’s Proposal as attached, and this Agreement, constitute the “Contract Documents.”
Section 1.2 Construction.
Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.
Contract
41 Section 1.3 Payments.
Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.
Section 1.4 Discovery of Hazardous Waste or Unusual Conditions.
(a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement.
(c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
Section 1.5 Laws and Regulations.
(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction,
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42 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 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
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43 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. Work on site will be allowed between 8am and 5pm during work days. Weekend work will only be allowed with prior approval from the City between 9am and 4pm.
Section 1.9 Insurance and Bond Requirements.
(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861.
(b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project
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44 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 Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive
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45 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 withdrawal by Contractor at any time and from time to time without notice to the Owner
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46 .
(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
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47 At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature
Section 1.11 Senate Bill 854 Notice Requirements.
As provided in SB 854: a) no contactor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered with the Department of Industrial Relations (DIR) and qualified to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(a)]; b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(b)]; and c) work performed on the project is subject to compliance monitoring and enforcement by the DIR [Gov't Code Section 1771.4].
Section 1.12 Job Site Notices.
Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.
ARTICLE II
DEFAULT AND REMEDIES
Section 2.1 Events of Default.
In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.
Each of the following shall constitute a "Default" by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City
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48 informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.
(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.
(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.
(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.
Section 2.2 Remedies.
The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:
(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
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49 (b) Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder. Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.
(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and 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;
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50 2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under “Force Account”. Cumulative Contractor & Subcontractor mark up for labor and material shall not exceed a total of 15% (15% GC mark upon labor and material for self-performed work and 5% mark up on subcontractor work and 10% subcontractor mark up for labor and material) 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
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51 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.
(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.
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52 3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.
Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs (collectively, "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
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53 in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person's tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.
(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.
Section 3.8 Notices, Demands and Communications.
If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and
(1) if intended for the City shall be addressed to:
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.
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54 Section 3.9 Applicable Law.
This Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.
Section 3.10 Parties Bound.
Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law.
This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.
Section 3.11 Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
Section 3.12 Force Majeure.
Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.
Section 3.13 Waivers.
Contract
55 Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City's written consent to future waivers.
Section 3.14 Title of Parts and Sections.
Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions.
Section 3.15 Entire Understanding of the Parties.
The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.
The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.
Section 3.16 Multiple Originals; Counterpart.
This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.
Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:
CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name: _________________________________
Its: __________________________________
Contract
56 CONTRACTOR:
XXXX
By: _________________________________
Name: _________________________________
Its: _________________________________
END OF CONTRACT
Special Provisions
57 City of Richmond
Port Department
SPECIAL PROVISIONS
___________________________________________
________________________________________________
GENERAL PROVISIONS
The legal relationship and responsibilities of the parties, including but not limited to the obligation to arbitrate claims hereto and the work embraced herein shall be done in accordance with the Standard Specifications and Standard Plans dated 2022 of the California Department of Transportation, and the most recent Standard Plans of the City of Richmond, California, in so far as the same may apply and in accordance with the Project 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 – Standard Specifications
58 SECTION SP-1 – STANDARD SPECIFICATIONS
(SECTION 1)
References in the Special Provisions to “City Standard Details and Specifications”, Contra Costa County Details, “Caltrans Standard Specifications” or “State Standard Specifications” shall mean the Standard Specifications, dated 2022, of the State of California, Department of Transportation, including all revisions and amendments, insofar as the same may apply and in accordance with the following special provisions.
In case of conflict between the State Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions.
Section SP-2 – Plans and Specifications
59 SECTION SP-2 – PLANS AND SPECIFICATIONS
(SECTION 2)
The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall legibly be marked to scale in red, both graphically and dimensionally on this control set to show the as-built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.
Adjustments to the layout of this plan may be necessary due to the unknown existing conditions. It is the Contractor’s responsibility to retain the design intent. If a layout discrepancy should occur, the Contractor is to contact the Engineer.
Section SP-3 – Award and Execution of Contract
60 SECTION SP-3 - AWARD AND EXECUTION OF CONTRACT
Within ten (10) working days after the date of the Notice to Award, the Contractor shall execute and return the following contract documents to the Agency:
1. Contract Agreement
2. Faithful Performance Bond
3. Payment Bond
4. Public Liability and Property Damage Insurance Certificate
5. Worker’s Compensation Insurance Certificate
6. Exhibit “A”, Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the Agency until executed by the authorized Agency officials. A corporation to which an award is made may be required, before the Contract Agreement is executed the Agency, to furnish evidence of its corporate existence, of its right-to-enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so.
CONTRACT BONDS
Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995-660(a). The Bidder shall pay all bond premiums, costs, and incidentals.
Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. Each bond shall name the City as beneficiary.
The Bidder shall provide two (2) good and sufficient surety bonds. The “Payment Bond” (Material and Labor Bond) shall be for not less than 100 percent of the Contract Price, to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work. The bond shall be maintained by the Contractor in full force and effect until the work is accepted by Agency and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code.
The “Performance Bond” shall be for 100 percent of the Contract Price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the Agency, and that all materials and workmanship will be free from original or developed defects.
Should any bond become insufficient, the Contractor shall renew the bond within ten (10) days
Section SP-3 – Award and Execution of Contract
61 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 effect. No further payments shall be deemed due or will be made under the Contract until a new Surety shall qualify and be accepted by the City.
Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligation. Notice of such changes or extensions shall be waived by the Surety.
Both the Faithful Performance Bond and the Payment Bond shall be for not less than one hundred percent (100%) of the total contract amount for each Bond. Both the Faithful Performance Bond and the Payment Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion.
MEASUREMENT AND PAYMENT
Full compensation for Bonds shall be considered as included in the price paid for the various bid items and no additional compensation shall be allowed therefor.
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 62 SECTION SP-4 - BEGINNING OF WORK, TIME OF COMPLETION AND
LIQUIDATED DAMAGES
Attention is directed to the provisions in Sections 8-1.05, “Time,” 8-1.10, “Liquidated Damages,” and 20-4, “Plant Establishment Work,” of the State Standard Specifications and these special provisions.
CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
The Contractor shall prosecute the work in the most efficient manner to minimize inconvenience to the public and complete the work within the Contract time limit. Prior to issuing the notice to proceed, the Contractor shall:
1. Provide the Engineer the name and local 24-hour telephone contact number of the Contractor’s Superintendent.
2. Provide the Notice to Residents.
3. Prepare a storm water pollution and prevention plan (SWPPP), if required
4. Prepare a Vehicular and Pedestrian traffic control plan.
5. Provide for photo and video documentation of the existing conditions.
The Contractor’s proposed Construction Schedule shall be submitted in a format as detailed in Section 8-1.02C “Level 2 Critical Path Method Schedule” of the State Standard Specifications to the Engineer within ten (10) working days after the date of the Notice of Award of Contract and shall reflect all major and controlling items of work and conform to all contract requirements, including the order of work mentioned above. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.
Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed Construction Schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures.
The Contractor shall submit to the Engineer by the fifth (5th) day of each month, or upon request, Progress Reports and an updated complete project schedule. Any deviations from the original schedule shall be explained in writing and submitted with the Progress Reports or updated complete project schedule. Failure to submit Progress Reports, updated complete project schedules or explanations for deviations on the fifth (5th) day of the month or within 2 working days from the Engineer’s request may result in suspension of any or all portions of work or rejection of any or all portions of work until such Progress Reports or complete project schedules are delivered to the Engineer and the Engineer allowed a reasonable amount of time to review them. Working days will continue to be accessed during this suspension. Progress payments will be withheld pending receipt of any outstanding reports, updated schedules or explanations for deviations.
In the event of a deviation from the most current order of work, progress report or complete progress schedule (whether authorized, planned, unplanned or emergency deviation) if additional
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 63 or unplanned inspection fees are incurred by the City as a result as determined by the Engineer, then an inspection service fees will be charged against the Contractor. The service fees will include all costs to the City associated with the deviation, including consultant fees, testing fees, employee regular and overtime rates, benefits, overhead and travel time. The service fees will be deducted from any amounts due the Contractor.
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.
2. The Contractor shall pay to the City of Richmond the sum of $1,000 per calendar day for each and every calendar day delay in finishing the work in excess of the number of working days prescribed above, except as extended by contract change order.
HOURS OF WORK
Hours of work in general shall be between 8:00 A.M. and 5:00 P.M., Monday – Friday
All references herein to timeframes that are specified in days shall mean calendar days, unless specifically stated otherwise.
SUBMITTALS
The Contractor shall provide submittals in an electronic format to the Engineer for review and approval. The Contractor shall not proceed with procuring materials or commencing work until the submittal receives a favorable review by the Engineer. Prior to the Pre-Construction, the Contractor shall furnish the following:
1. Designation of Project Superintendent.
2. 24-hour contact information.
3. Construction schedule
The City reserves the right to require additional submittals from the Contractor that are not specifically identified above. See the Special Provisions for additional submittals required.
ORDER OF WORK
The Contractor shall prosecute the work in the most efficient manner to minimize inconvenience to the public and complete the work within the Contract time limit. With the Authorization to Proceed as previously described in this Section, The Contractor shall complete the work generally in accordance with the following:
1. Prepare submittals for all products used in construction of the project.
2. Procure all other materials and equipment needed for construction.
3. Mobilize equipment and materials on the site.
4. Field walk with Engineer to determine demolition limits
5. Complete additional hazardous materials testing.
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 64 6. Complete work as required.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
Section SP-5 – Public Notices
65 SECTION SP-5 - PUBLIC NOTICES
The Contractor shall assign a Project Superintendent who has the complete authority to make decisions on behalf of the Contractor. The Project Superintendent shall be on the job at all times during the construction and shall be available and on call 24 hours a day for the duration of the project. The Contractor shall coordinate access to the site with the Port and Auto Warehousing Corporation.
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 and no separate payment will be made therefore.
Section SP-6 – Watering
66 SECTION SP-6 – WATERING
Watering shall conform to Section 10-4 “Water Usage”, Section 10-5 “Dust Control” ,Section 10-6 “Watering” Section 13, “Water Pollution Control,” Section 19 “Dust Palliatives” of the State Standard Specifications and these Specifications.
The Contractor shall supply the necessary labor, material, and equipment for construction water needs throughout the contract period. Construction water includes, but is not limited to, watering for dust control, and pipe testing. The Contractor shall contact East Bay Municipal Utility District (EBMUD) for a temporary water meter to supply the project. The contractor will be responsible for any fees, or deposits associated with obtaining construction water. This section applies during working and non-working periods, including weekends.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
Section SP-7 – General
67 SECTION SP-7 – 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 2024 (or current version), including all revisions and amendments.
Section SP-7 – General
68 City Standard
Details
Contra Costa
County
Standard
Details
-
-
City of Richmond Department of Public Works Standard Details
Contra Costa County Public Works Department – Standard Details Dated March 2014
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.
GENERAL NOTES
CITY NOTES
1. All material and workmanship shall fully conform with the Specifications, standards, and ordinances of the city of concord. 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
Section SP-7 – General
69 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.
4. The contractor shall be held responsible for any field changes made without written authorization from the City Engineer.
5. Contractor shall provide adequate traffic controls & shall submit a traffic control plan
6. All existing utilities and private improvements that become damaged during construction shall be completely restored to the satisfaction of the City Engineer, at contractor's sole expense.
7. The contractor agrees that, in accordance with generally accepted construction practices, the contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property and that this requirement shall be made to apply continuously and not just during normal working hours.
8. Excavations shall be adequately shored, braced and sheeted so that the earth will not slide or settle and so that all existing improvements of any kind will be fully protected from damage. Any damage resulting from a lack of adequate shoring, bracing or sheeting, shall be the responsibility of the contractor and shall make necessary repairs or reconstruction at contractor own expense. Where the excavation for a conduit trench, and/or structure is five feet or more in depth, the contractor shall provide adequate sheeting, shoring and bracing or equivalent method, for the protection of life, or limb, which shall conform to the applicable construction safety orders of the division of industrial safety of the state of California. The contractor shall always comply with OSHA requirements.
9. Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained on these plans, the contractor shall contact the Engineer for such further explanations as may be necessary. Existing utilities shall be maintained in service and in place by the contractor during construction unless otherwise shown. References to the state standard specifications and standard Plans refer to 2018 edition.
10. All USA marking to be removed at end of construction.
11. Contractor shall comply with all regulatory agency permit requirements. The qualified biologist, biological surveys, and related reports will be provided by the city.
LABOR NONDISCRIMINATION
Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2,
Section SP-7 – General
70 California Code of Regulations.
NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM
(GOV. CODE, SECTION 12990)
Your attention is called to the “Nondiscrimination Clause”, set forth in Section 7-1.02I(2), “Nondiscrimination,” of the State Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the “Standard California Nondiscrimination Construction Contract Specifications” set forth herein. The State Standard Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more.
The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
ARBITRATION
The last paragraph in Section 9-1.22, “Arbitration,” of the State Standard Specifications is amended to read:
Arbitration shall be initiated by a Complaint in Arbitration made in compliance with the requirements of said regulations. A Complaint in Arbitration by the Contractor shall be made not later than 180 days after the date of service in person or by mail on the Contractor of the final written decision by the Department on the claim.
POTENTIAL CLAIMS AND DISPUTE RESOLUTION
Section 5-1.43, “Potential Claims and Dispute Resolution,” of the State Standard Specifications is amended to read:
Section 5-1.43, “Potential Claims and Dispute Resolution,” -- The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this Section 9-1.04 shall not be a prerequisite as to matters within the scope of the protest provisions in Section 4-1.05, “Changes and Extra Work,” or Section 8-1.05, “Time,” or the notice provisions in Section 4-1.06, “Differing Site Conditions,” or Section 8-1.10, “Liquidated Damages,” or Section 5-1.36C, “Non-Highway Facilities,” 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
Section SP-7 – General
71 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.
FINAL PAYMENT AND CLAIMS
CONTRACTOR’S AFFIDAVIT AND FINAL RELEASE. After completion of all contract work and prior to requesting release of any moneys held in retention or final payment by the CITY, the CONTRACTOR shall fully execute and deliver to the CITY the document entitled “Affidavit and Final Release,” included in the contract (page C-15).
Section 9-1.17D, “Final Payment and Claims,” of the State Standard Specifications is amended to read:
9-1.17D Final Payment and Claims -- After acceptance by the Director, the Engineer will make a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of said amount, segregated as to contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the contract. All prior estimates and payments shall be subject to correction in the proposed final estimate. The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the contract so that the Engineer receives such written approval or statement of claims no later than close of business on the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of such written approval or statement of claims by the Engineer shall not be later than close of business of the next business day. No claim will be considered that was not included in the written statement of claims, nor will any claim be allowed as to which a notice or protest is required under the provisions in Sections 4-1.05, “Changes and Extra Work,” 8-1.05, “Time,” 8-
1.10, “Liquidated Damages,” 4-1.06, “Differing Site Conditions,” 5-1.36C, “Non-Highway Facilities,” and Section 5-1.43, “Potential Claims and Dispute Resolution,” unless the Contractor
Section SP-7 – General
72 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 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
Section SP-7 – General
73 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.
REMOVAL OF ASBESTOS, LEAD PAINT AND HAZARDOUS SUBSTANCES When the presence of asbestos, lead paint or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, Contractor will immediately notify the engineer in accordance with Section 14-11.02 “Discovery of Unanticipated Asbestos and Hazardous Substances” of the Standard Specifications.
Section SP-7 – General
74 With City’s direction and approval, Contractor will proceed to conduct tests to determine the nature of the hazardous substance. If delay of work in the area delays the current controlling operation, it will be considered Extra Work as detailed in Section 4-1.05 “Changes and Extra Work,” of the State Standard Specifications.
LUMP SUM
All labor, materials and incidentals shall be provided for the lump sum prices specified in the Bid Schedule.
SUBCONTRACTING
All subcontractors, suppliers and vendors shall comply with applicable Agency, City and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Fail to file any report due under said orders will result in suspension of periodic progress payments.
PAYMENTS
Monthly payments to the Contract will be made based on percentage completion of work. After contract award, contractor will submit to the engineer a billing schedule of values for review and approval. Contractor will use an approved billing schedule of values to invoice every month.
SOUND CONTROL REQUIREMENTS
The noise level from the Contractor’s operations, between the hours of 8:00 a.m. and 5:00 p.m. shall meet the City of Richmond’s noise ordinance requirements. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
CONTRACTOR’S LIABILITY
The City of Richmond, the City Council, the Engineer or their agents and consultants shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; or for damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workmen, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions or any time before its completion
Section SP-7 – General
75 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.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
Section SP-10 – Mobilization
76 SECTION SP-10 – MOBLIZATION
Mobilization shall conform to the provisions in Section 9-1.16D, "Mobilization," of the State Standard Specifications and these Special Provisions.
In general, mobilization shall consist of the work associated with obtaining permits, insurance, and bonds, and the moving onto the site of materials, supplies, restroom facilities, and equipment as required for the proper performance and completion of the work.
MEASUREMENT AND PAYMENT
Full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work involved in Disposal of Materials shall be considered as included in the prices paid for the various items of work unless otherwise defined in these Specifications and no additional compensation will be allowed therefor.
Section SP-14 – Disposal of Materials
77 SECTION SP-14 - DISPOSAL OF MATERIALS
The Engineer has not arranged for disposal of materials associated with construction. These materials may include, but are not limited to, general debris, wood, wall board, insulation, and ceiling tiles. The Contractor shall comply with the following:
1. Dispose of all debris and waste materials in a safe and legal manner.
2. Not burn and/ or bury waste materials within the project area.
3. Allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes, or into the storm drain system.
The Contractor shall dispose of specific material as follows:
1. All construction debris in a recycling facility.
2. Wood and metal in a recycling facility.
3. All hazardous materials in a suitable disposal facility.
4. All other materials in a suitable landfill.
The Contractor shall schedule disposal of materials such that inclement weather does not impair access to the disposal facility.
MEASUREMENT AND PAYMENT
Full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work involved in Disposal of Materials shall be considered as included in the prices paid for the various items of work unless otherwise defined in these Specifications and no additional compensation will be allowed therefor.
Technical Provisions
78 TECHNICAL PROVISIONS
These technical provisions were prepared by:
05.12.2025
Robert Stevens
Registered Civil Engineer, Number 58660
CSWST2
Technical Provisions
79 TS-1 SELECTIVE DEMOLITION
1. SAFETY
A. Deteriorated Structural Support Members. Wood framing members including, but not limited to, columns, framing, rafters, blocking and floor/ roof sheathing are deteriorated and in some cases have lost considerable support capacity.
Caution should be taken at all times regarding capacity of the floor and roof to support live loads, including the weight of personnel, without adequate shoring.
2. SUMMARY
A. Section Includes:
1. Demolition and removal of selected portions of building.
2. Demolition and removal of selected site elements.
3. Salvage of existing items to be reused.
3. DEFINITIONS
A. Remove: Detach items from existing construction and legally dispose of them off-site unless indicated to be removed and salvaged or removed and reinstalled.
B. Remove and Salvage: Carefully detach from existing construction, in a manner to prevent damage, and deliver to Owner.
C. Existing to Remain: Existing items of construction that are not to be permanently removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled.
4. PRE CONSTRUCTION MEETING
A. Contractor to attend pre construction meeting with Engineer prior to commencing work.
B. Contractor and Engineer to complete field walk to mark locations of all walls and other elements to be removed.
5. INFORMATIONAL SUBMITTALS
A. Pre-demolition Photographs or Video: Submit before Work begins.
6. CLOSEOUT SUBMITTALS
A. Debris Records: Indicate receipt and acceptance of hazardous wastes by a landfill facility licensed to accept hazardous wastes. In addition, provide receipts for all debris recycled and/ or disposed at other facilities.
7. FIELD CONDITIONS
A. Conditions existing at time of inspection for bidding purpose will be
Technical Provisions
80 maintained by Owner as far as practical.
B. Notify Engineer of discrepancies between existing conditions and Plans before proceeding with selective demolition.
C. Hazardous Materials: Hazardous materials are present in buildings and structures to be selectively demolished.
1. A report on the presence of hazardous materials. Hazardous materials exist within the building. See Appendix D for test results. Examine report to become aware of locations where hazardous materials may be present.
2. Complete removal and disposal of hazardous materials in accordance with State and Federal Law.
3. Contractor to complete additional testing as necessary.
D. Storage or sale of removed items or materials on-site is not permitted.
E. Utility Service is not active within the building. Contractor to provide water and power as required.
8. PEFORMANCE REQUIREMENTS
A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction.
B. Standards: Comply with ANSI/ASSE A10.6 and NFPA 241.
C. General requirements:
1. Maintain existing building structure (including structural floor and roof decking) and envelope (exterior skin and framing, excluding window assemblies and nonstructural roofing material) not indicated to be demolished; do not demolish such existing constr uction beyond indicated limits.
2. Maintain existing interior nonstructural elements (interior walls, doors, floor coverings, and ceiling systems) not indicated to be demolished; do not demolish such existing construction beyond indicated limits.
3. Maintain existing nonshell, nonstructural components (walls, flooring, and ceilings) not indicated to be demolished; do not demolish such existing construction beyond indicated limits.
9. EXAMINATION
A. Verify that utilities have been disconnected and capped before starting selective demolition operations.
B. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. Complete field walk with Engineer to confirm areas of demolition.
C. When unanticipated mechanical, electrical, or structural elements that conflict
Technical Provisions
81 with intended function or design are encountered, investigate and measure the nature and extent of conflict.
D. Do not remove any load bearing structural elements.
E. Survey of Existing Conditions: Record existing conditions by use of measured drawings preconstruction photographs preconstruction videotapes and/or templates.
10. PREPARATION
A. Site Access and Temporary Controls: Conduct selective demolition and debris - removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities.
B. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain.
C. Temporary Shoring: Provide and maintain shoring, bracing, and structural supports as required to preserve stability and prevent movement, settlement, or collapse of construction and finishes to remain, and to prevent unexpected or uncontrolled movement or collapse of construction being demolished.
11. SELECTIVE DEMOLITION, GENERAL
A. General: Demolish and remove existing construction only to the extent required.
Use methods required to complete the Work within limitations of governing regulations and as follows:
1. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping, to minimize disturbance of adjacent surfaces. Temporarily cover openings to remain.
2. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces.
3. Do not use cutting torches until work area is cleared of flammable materials.
At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame-cutting operations. Maintain portable fire-suppression devices during flame-cutting operations.
4. Locate selective demolition equipment and remove debris and materials so as not to impose any additional loads on supporting walls, floors, or framing.
5. Dispose of demolished items and materials promptly.
B. Remove all loose debris on the floor of the facility. This may include, but is not limited to, ceiling tile, wall board, wood, and trim.
Technical Provisions
82 C. Removed and Salvaged Items:
1. Clean salvaged items.
2. Pack or crate items after cleaning. Identify contents of containers.
3. Store items in a secure area until delivery to Owner.
4. Transport items to Owner’s storage area on-site.
5. Protect items from damage during transport and storage.
D. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Architect, items may be removed to a suitable, protected storage location during selective demolition and reinstalled in their original locations after selective demolition operations are complete.
12. DISPOSAL OF DEMOLISHED MATERIALS
A. General: Except for items or materials indicated to be recycled, reused, salvaged, reinstalled, or otherwise indicated to remain Owner’s property, remove demolished materials from Project site and legally dispose of them in an EPA - approved landfill.
1. Do not allow demolished materials to accumulate on-site.
2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas.
3. Remove debris from elevated portions of building by chute, hoist, or other device that will convey debris to grade level in a controlled descent.
B. Burning: Do not burn demolished materials.
C. Disposal: Transport demolished materials off Owner’s property and legally dispose of them.
13. CLEANING
A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began.
PAYMENT. The contract lump sum price paid for “Selective Demolition” [Bid Item 1] includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in painting, complete in place, including preparation, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.
TS-2 SUPPLMENTAL WORK
The Engineer may request the Contractor perform Extra Work as defined in Section 4-1.05 of the Standard Specifications and these Special Provisions. This item has been included in the contract to cover modifications to the work necessitated by field conditions. The Engineer may request the
Technical Provisions
83 Contractor provide a proposal to perform this work in either lump sum or time and materials basis.
The Engineer will pay time and materials under the Force Account provisions of the Standard Specifications. If approved, the Engineer will issue a change order paid under the Supplemental Work item.
Measurement and Payment - Supplemental Work [Bid Item 2] is an allowance.
This item is a contingent bid item. The Engineer may increase, decrease, or eliminate these items of work. If this occurs, the Engineer shall allow no unit price adjustment or additional compensation.
A
APPENDIX A – CITY OF RICHMOND – FIRST SOURCE AGREEMENT
CITY OF RICHMOND
FIRST SOURCE AGREEMENT
(SAMPLE)
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. T he 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 (hereinafter 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. (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 to 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 ne w 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 this 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. Qu arterly 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 Designated 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. Rep orts 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. (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 does not agree that compliance has occurred, the Executive Director or designee shall promptly notify the Employer by a written “Notice of Failure to Correct Non-Compliance” (“hereinafter the “Notice of Failure to Correct”), describing the facts constituting the non-compliance.
(e) After the issuance of the Notice of Failure to Correct, the Employer shall have the right to request a hearing before the City Manager or designee (hereinafter “Request for Hearing”), who shall make the final determination. The Request for a Hearing must be made within ten (10) working days after receipt of the Notice of Failure to Correct. If the Notice of Failure to Correct is mailed, it will be deemed received five (5) days after the date of mailing. The hearing shall be held no sooner than twenty (20) and no later than thirty (30) days after receipt by the City of the Request for Hearing, unless otherwise agreed to by the parties. At the hearing, the Employer will be allowed to present any evidence and argument it believes proves compliance. The City Manager or designee shall issue their final determination no later than ten (10) business days after the hearing. The Employer must exhaust this administrative remedy prior to commencing legal action.
(f) In the event no Request for Hearing is timely made, the determination of failure to correct non-compliance shall be deemed to be final.
(g) Should the Employer fail to comply with the Notice of Non-Compliance as specified above, and a final determination of non-compliance is made, the City may exercise any of its powers as specified in §2.56.080 of the Ordinance.
Executed this _________ day of ________________________________, 20_______.
EMPLOYER CITY OF RICHMOND
By: ____________________________________ By: __________________________________ Name: _________________________________ Name: _______________________________ Title: __________________________________
Approved as to form:
___________________________________
City Attorney
B
APPENDIX B – CITY OF RICHMOND – INSURANCE REQUIREMNTS –
CONSTRUCTION PROJECTS
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:
Contracts with Environmental Risks/Hazardous Waste Materials
Type 3 – Page 1 of 5
Revised: September 2011
In all instances where CONTRACTOR or its representatives will be conducting business and/or providing services that involve environmental risks and/or the transportation of hazardous materials including asbestos, hazardous chemicals or waste, and nuclear risks, 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 coverage, 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 Insurance.
6. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions.
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.
PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
General Liability
(primary and excess limits
combined)
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:
Contracts with Environmental Risks/Hazardous Waste Materials
Type 3 – Page 2 of 5
Revised: September 2011
General Liability (continued)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
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.
Automobile Liability
$1,000,000 per occurrence for bodily injury and property damage.
If the Contractor is subject to the Motor Carrier Act of 1980, Automobile Liability Policy must be endorsed to include MCS-90 Endorsement for transportation of hazardous
materials/waste/substances. If not, the policy shall be endorsed to include Transportation Pollution Liability Coverage to cover the materials transported by Contractor.
For additional information regarding the Motor Carrier Act and limits of liability see Page 5.
Contractors Pollution Liability
and/or Pollution Liability
Protects against environmental and
pollution risks and
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.
Policy shall be endorsed to name the City of Richmond as an additional insured.
Environmental coverage must remain in force for a period of five years after completion of the project. Contractor must provide updated certificates indicating that the required coverage, terms and conditions are still in place.
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, Contractors Pollution Liability and/or Asbestos Pollution policies.
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 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 F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:
Contracts with Environmental Risks/Hazardous Waste Materials
Type 3 – Page 3 of 5
Revised: September 2011
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 excess of the Contractor’s insurance and shall not contribute with it 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 Insurance during the life of this contract.
SAMPLE Endorsement 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.
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.
Lead-Based Paint/Asbestos/Mold
If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
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 F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:
Contracts with Environmental Risks/Hazardous Waste Materials
Type 3 – Page 4 of 5
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease
until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR
must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 3:
Contracts with Environmental Risks/Hazardous Waste Materials
Type 3 – Page 5 of 5
Revised: September 2011
ADDITIONAL INFORMATION REGARDING THE MOTOR CARRIER ACT OF 1980
The Motor Carrier Act of 1980 imposed higher levels of financial responsibility on motor carriers operating under federal permit and intrastate carriers operating under state authority. The chart below shows the minimum required financial responsibility as determined by the type of cargo hauled.
The Act requires the MCS-90 endorsement in the amount of $750,000 to be attached to any automobile liability policy issued to motor carriers operating commercial motor vehicles with a gross vehicle weight rating of 10,000 or more pounds that are transporting any non-hazardous property in interstate or foreign commerce. The MCS-90 endorsement is also required when interstate, intrastate and foreign commerce is transporting hazardous material/waste/substances. The liability limit depends upon the type of truck and method of transportation. Its purpose is to ensure that funds are available for damages arising from a trucking accident that involves hazardous materials subject to the Act.
DEPARTMENT OF TRANSPORTATION SCHEDULE OF LIMITS-PUBLIC LIABILITY Type of Carriage Commodity Transported Financial Responsibility (1) For-hire in interstate or foreign
commerce, with a gross vehicle
weight rating of 10,000 or more
pounds).
Any Property (non-hazardous) $750,000
(2) For-hire and Private (in interstate,
foreign, or intrastate commerce,
with a gross vehicle weight rating of
10,000 or more pounds).
Hazardous substances transported in
cargo tanks, portable tanks, or
hopper-type vehicles with capacities in
excess of 3500 water gallons.
Hazardous Substances does not
include petroleum, including crude oil
or any fraction thereof which is not
otherwise specifically listed or
designated as a hazardous substance
in appendix A to §172.101 and the
term does not include natural gas,
natural gas liquids, liquefied natural
gas, or synthetic gas usable for fuel
(or mixtures of natural gas and such
synthetic gas).
49 CFR 171.8
$5,000,000
(3) For-hire and Private (in interstate
or foreign commerce: in any
quantity; or in intrastate commerce,
in bulk only; with a gross vehicle
weight rating of less than 10,000
pounds).
Compressed Oil Gas (listed in 49 CFR
172.101) hazardous waste, hazardous
materials, and hazardous substances
such as lead, asbestos, mold, dry
cleaning chemicals, benzene, etc.
(as defined in 49 CFR 171.8 and listed
in 49 CFR 172.101, but not mentioned
in (2) above or (4) below.)
$1,000,000
(4) For-hire and Private (in interstate
or foreign commerce, with a gross
vehicle weight rating of less than
10,000 pounds).
Any quantity of explosives that have
mass explosion hazard, projection
hazard, or fire hazard (Division 1.2,
1.2, or 1.3); poisonous gas (Division
2.3); poisonous materials (Division
6.1); materials poisonous by inhalation
(Hazard Zone A); or radioactive
material (Class 7 material).
$5,000,000
CONTACT RISK MANAGEMENT IF YOU HAVE ANY QUESTIONS REGARDING THE MCS-90 ENDORSEMENT AND/OR THE MOTOR CARRIER ACT OF 1980
C
APPENDIX C - COMMUNITY WORKFORCE PROJECT STABILIZATION AGREEMENT
Project Stabilization Agreement
for the City of Richmond18
UNION SIGNATURES
___________________________________
Asbestos Workers Local #16
___________________________________
Teamsters Local #315
___________________________________
Boilermakers Local #549
___________________________________
Roofers and Waterproofers Local #81
___________________________________
Bricklayers Local #3
___________________________________
Iron Workers Local #378
___________________________________
Northern California Regional Council of
Carpenters, for itself and its affiliated Local
Unions
___________________________________
Northern California District Council of
Laborers, for itself and its affiliated Local
Unions
___________________________________
Sheet Metal Workers Local #104
___________________________________
Cement Masons Local #300
___________________________________
Operating Engineers Local #3
___________________________________
International Brotherhood of Electrical
Workers Local #302
___________________________________
District Council #16, Painters and Allied
Trades, for itself and its affiliated Local Unions
___________________________________
Plasterers Local #66
___________________________________
Sprinklerfitters Local #483
___________________________________
United Association Local #159
___________________________________
United Association Local #342
___________________________________
United Association Local #355
___________________________________
Elevator Constructors Local #8
UNION SIGNATURES
Asbestos Workers Local # 1 6 Teamsters Local #315
Boilermakers Local #549 Roofers and Waterproofers Local #81 Bricklayers Local #3 Iron Workers Local #378
Northern California Regional Council of Northern California District Council of Carpenters, for itself and its affiliated Local Laborers, for itself and its affiliated Local Unions Unions
Sheet Metal Workers Local #104 Cement Masons Local #300 aAfiflz?tAOl
Operating Engineers Local #3 International Brotherhood of Electrical Workers Local #302
District Council #16, Painters and Allied Plasterers Local #66 Trades, for itself and its affiliated Local Unions
Sprinklerfitters Local #483 United Association Local #159 United Association Local #342 United Association Local #355 Elevator Constructors Local #8
Project Stabilization Agreement
18 for the City of Richmond
D
APPENDIX D – HAZARDOUS MATERIALS REPORT