Calico California Constructores, Inc. Contract Amount w/ Contingency: $2,517,466 Vendor # 16452
Contract # 7446
Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 6 payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.
Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 7 (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address
Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Mayor
Eduardo Martinez
Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Eduardo Martinez
Mayor
Rev April25
For the Contract between the City of
Richmond and
______________________________
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
In addition to the General Conditions set forth herein, Contractor (referred to herein as “Recipient”) shall comply with the terms and conditions which are attached hereto and incorporated herein by this reference. If there are any conflicts between the terms and conditions set forth in the General Conditions and the terms and conditions in this exhibit, the terms and conditions in this exhibit shall take precedence and shall prevail.
Also appliable to this funding, are requirements found in Uniform Guidance, 2 CFR Part 200, including Appendix II to 2 CFR Part 200.
1. Remedies: Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
2. Termination: All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
3. Equal Employment Opportunity: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-
1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” ( 30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
4. Davis-Bacon Act, as amended: ( 40 U.S.C. 3141- 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act ( 40 U.S.C. 3141- 3144) as supplemented by Department of Labor regulations ( 29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Rev April25
required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the
5. Copeland “Anti-Kickback” Act: ( 40 U.S.C. 3145), as supplemented by Department of Labor regulations ( 29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
6. Contract Work Hours and Safety Standards Act: ( 40 U.S.C. 3701- 3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations ( 29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
7. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
8. Clean Air Act: ( 42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act ( 33 U.S.C. 1251- 1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act ( 42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended ( 33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Rev April25
9. Debarment and Suspension: (Executive Orders 12549 and 12689) – Verify that a vendor is not debarred, suspended or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. Confirm and document that vendors are not on the federal government’s Excluded Party list found at www.sam.gov.
10. Byrd Anti-Lobbying Amendment: ( 31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not use, and has not used, Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 23046 Soccer Fields-Restrooms-Parks Shields Reid Field Renovation 1410 Kelsey Street
April 22 25
Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 22nd April 25 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Eduardo Martinez
Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 The City of Richmond
Shields-Reid Park Field Renovation Project NOVEMBER 2024 Bond Forms
00 60 00 - 6
END OF PAYMENT BOND
City of Richmond
Department of Public Works
WARRANTY BOND
City of Richmond (“City”) and ____________________________ (“Contractor”) have entered into a contract, dated _________________, 20___ (“Contract”) for work on the Shields Reid Park Field Renovation 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:
April 22 25
Calico California Constructores, Inc.
Shields Reid Park Field Renovation Project
Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 The City of Richmond
Wendell Park OCTOBER 2024
Bond Forms
00 60 00 - 7
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.]
xxxxxxxxxxx
Shields-Reid Park Field Rennovation Project
Shields Reid Park Renovation Project
Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Shields Reid Park Renovation Project
Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 6/9/2025
Mayor
Eduardo Martinez
Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697 Docusign Envelope ID: 50EBEE44-A4A6-41DC-A59E-F113AE7F7697