Attachment 1 - Nicholl Park Tennis Renovations Project Manual.pdf

PROJECT TITLE PAGE 00 01 01 - 1

CITY OF RICHMOND
Department of Public Works
450 Civic Center Plaza
Richmond, CA 94804
______________________________________________________________________________

PROJECT MANUAL
FOR

NICHOLL PARK TENNIS COURTS RENOVATION
AT
3230 Macdonald Ave, Richmond, CA 94804
ADVERTISEMENT DATE: March 25th, 2026
MANDATORY PRE-BID CONFERENCE: April 7TH, 2026 at 2PM
Q&A DEADLINE: April 13th, 2026
BID DUE: April 23rd, 2026 by 5PM
NICHOLL PARK TENNIS COURTS City of Richmond
TABLE OF CONTENTS 00 01 10 - 1
DOCUMENT 00 01 10

TABLE OF CONTENTS
PART 1 PROCUREMENT AND CONTRACTING REQUIREMENTS
Bid Information
00 01 01 Project Title Page
00 01 10 Table of Contents
00 11 13 Notice Inviting Bids
00 21 13 Instructions to Bidders
Bid Forms and Bid Submittals
00 41 13 Bid Proposal
00 43 13 Bond Accompanying Bid
00 45 00 City of Richmond Contracting Policies
Sanctuary City Compliance Form
Background Check Certification Form
00 45 14 Bidder Certifications
00 45 19 Non-Collusion Affidavit
Contract Forms
00 52 00 Construction Agreement
00 61 13.13 Construction Performance Bond
00 61 13.16 Construction Labor and Material Payment Bond Conditions of the Contract
00 72 00 General Conditions
Revisions, Clarifications, and Modifications
00 91 13 Addenda – All Addenda are to be considered part of the contract PART 2 GENERAL REQUIREMENTS
01 20 00 Price and Payment Procedures
01 26 00 Contract Modification Procedures

TECHNICAL SPECIFICATIONS
32 18 23 Court Surfacing

APPENDICES
Appendix A City of Richmond – First Source Agreement
Appendix B City of Richmond – Insurance Requirements for Construction Projects Appendix C Drug Free Workplace Policy

END OF DOCUMENT
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
NOTICE INVITING BIDS 00 11 13 - 1
DOCUMENT 00 11 13

NOTICE INVITING BIDS
ARTICLE 1 – INVITATION TO BID

1.01 NOTICE INVITING BIDS
The City of Richmond (“City”) will receive sealed Bids electronically through BidsOnline until 5:00pm PST on Wednesday, April 23rd, 2026, for the following public work:

City of Richmond
NICHOLL PARK TENNIS COURTS RENOVATION (“Project”)
3230 Macdonald Ave in Richmond, CA 94804
All Bid Forms must be electronically submitted by the due date and time, or the Bid will not be considered.

1.02 PROJECT DESCRIPTION
The Project involves the renovation of two existing tennis courts. Scope includes, but is not limited to: crack repair, resurfacing and striping, and other miscellaneous improvements as shown on the plan and in the project manual.

All work items shall be constructed in accordance with the Drawings, and with the terms and conditions of the Project Manual. Work shall be completed within 30 Calendar Days from the date when Contract Time commences to run.

1.03 MANDATORY PRE-BID MEETING
A mandatory pre-bid meeting will be held at 2:00pm PST on Tuesday, April 7th, 2026 at the project site located at 3230 Macdonald Ave., Richmond, CA 94804. The project team will be available to answer questions related to the Bid Documents and the Project. A flood test will be performed during the meeting to inform bidders of any low areas.

1.04 QUESTIONS
Bidders must submit all questions about the meaning or intent of Bidding Documents via the electronic BidsOnline system on the Q&A tab by 3pm on Monday, April 13th 2026. Interpretations or clarifications considered necessary by the City in response to such questions will be issued by addendum. Bidders will receive e-mail notification of the addendum. The City will issue addendums by Monday, April 20th, 2026. Answers to questions received will also be provided on the Q&A tab and notification will be sent accordingly. Do not rely on notifications, it is the bidder’s responsibility to periodically check the BidsOnline website, www.ci.richmond.ca.us/bids for any possible Addenda to the bid that may have been posted.

1.05 BID DOCUMENTS
Bid Documents can be obtained from the City of Richmond’s BidsOnline 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.

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
NOTICE INVITING BIDS 00 11 13 - 2

1.06 RESPONSIBILITY FOR VERIFYING CONTRACT ADDENDA
Bid Documents can be obtained from the City of Richmond’s BidsOnline website, www.ci.richmond.ca.us/bids. To download documents, new vendors will be required to register.

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

1.08 BID DEPOSIT
A certified check or bank draft, payable to the order of the City of Richmond, negotiable U.S.

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

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

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

1.11 PREVIOUS DISQUALIFICATION, REMOVAL, OR OTHER PREVENTION OF BIDDING A Bid may be rejected on the basis of a Bidder, any officer of such Bidder, any employee of such Bidder who has a proprietary interest in such Bidder, or any listed subcontractor, having been disqualified, removed, or otherwise prevented from Bidding on, or completing a federal, state, or local project because of a violation of any law or any safety regulation.

1.12 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.

1.13 BID PREPARATION COST
Bidders are solely responsible for the cost of preparing Bids.

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
NOTICE INVITING BIDS 00 11 13 - 3
ARTICLE 2 – LEGAL REQUIREMENTS

2.01 CONTRACTOR’S LICENSE
All Bidders are subject to California contractors’ licensing laws and the provisions of Business and Professions Code Section 7028.15. A California A, B, C-12, C-27, C-33, C-61, D-12 Contractor’s license is required to Bid this Contract. Joint ventures must secure a joint venture license prior to award of this Contract. Other licenses may be required for additional specialty work.

2.02 MINIMUM WAGE RATES
The successful Bidder must comply with all prevailing wage laws applicable to the Project, and related requirements contained in the Contract Documents. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at http://www.dir.ca.gov/oprl/pwd/ and are deemed included in the Bidding Documents. The successful Bidder shall post the applicable prevailing wage rates at the job site.

2.03 EQUAL EMPLOYMENT OPPORTUNITY
Bidders shall comply with the City’s Equal Employment Opportunity Policy. Discrimination against employees and applicants for employment based on the employee or applicant’s race, religion, citizenship, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, reproductive health decision-making, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, or military or veteran status or any other basis protected by law is prohibited.

2.04 FIRST SOURCE AGREEMENT
The Project WILL require a City of Richmond First Source Agreement. The successful Bidder will be required to sign the First Source Agreement, which is set forth in Appendix A.

2.05 DRUG FREE WORKPLACE POLICY
The successful Bidder shall comply with the City of Richmond’s Drug Free Workplace Policy. A copy of the City of Richmond’s Drug Free Workplace Policy is included in Appendix F.

2.06 EXECUTIVE ORDER N-6-22 RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the United States government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website https://ofac.treasury.gov/sanctions-programs-and-country-information/ukraine-russia-relatedsanctions. Failure to comply may result in the termination of contracts or grants, as applicable.

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
NOTICE INVITING BIDS 00 11 13 - 4
City of Richmond, a Municipal Corporation
Pamela Christian
City Clerk

END OF DOCUMENT
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
INSTRUCTIONS TO BIDDERS 00 21 13 - 1
DOCUMENT 00 21 13

INSTRUCTIONS TO BIDDERS
Bids are requested by the City of Richmond (“City”) for a general construction contract, or work described in general, as set forth in Document 00 11 13 – Notice Inviting Bids, and the following additional terms.

ARTICLE 1 – PROCEDURES FOR SUBMISSION OF BIDS

1.01 MANDATORY PRE-BID CONFERENCE AND SITE VISIT
A. The City will conduct a mandatory Pre-Bid Meeting at 2:00pm PST on Tuesday, April 7th, 2026 at the project site located at 3230 Macdonald Ave., Richmond, CA 94804. City staff will perform a flood test during the meeting. Only questions answered by formal written Addenda will be binding. Bidders shall not rely on oral statements. Oral statements or other interpretations or clarifications will not be binding or legally effective.

B. Bidders are strongly encouraged to visit the site of the proposed work and fully acquaint themselves with the existing conditions. Bidders should fully inform themselves as to the facilities involved, the difficulties and restrictions attending the performance of the Contract.

Bidders should thoroughly examine and familiarize themselves with the Drawings, Project Manual, 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 City 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.

1.02 ADDENDA
A. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City. Addenda shall be acknowledged by number in Document 00 41 13 – Bid Proposal and shall be part of the Contract Documents. A complete listing of Addenda may be secured from City’s website as indicated in Document 00 11 13 - Notice Inviting Bids. It is the Contractor’s responsibility to check the City’s website for Addenda prior to submitting their bid.

1.03 RECEIPT OF BIDS
A. Sealed bids will be received by the City of Richmond up to the time and date as indicated in Document 00 11 13 - Notice Inviting Bids 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 and to download Bid Documents.

2. Bidders must submit bids in accordance with this Document 00 21 13 – Instructions to Bidders and with the provisions of the Documents listed below.

ARTICLE 2 – BID OPENING AND EVALUATION

2.01 DETERMINATION OF APPARENT LOW BIDDER
A. The City will review each bid following the time and date as indicated in Document 00 11 13 - Notice Inviting Bids or as modified by Addenda, initially evaluate them for responsiveness, and determine an Apparent Low Bidder as specified herein.

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
INSTRUCTIONS TO BIDDERS 00 21 13 - 2
B. Apparent Low Bid will be determined solely on the total amount of all Base Bid Items based on terms contained in Document 00 11 13 – Notice Inviting Bids and Document 00 41 13 – Bid Proposal. All bidders are required to submit Bids on all Bid Items (including any alternates).

C. For the purposes of award, the apparent low Bidder will be the confirming responsible Bidder offering the lowest total amount for the Total Base Bid shown in the Bid Proposal. Once the low bidder is determined as herein described, the City reserves the right to award any combination of Bid Alternates, or not award any Bid Alternates, as it deems to be in the best interest of the City, regardless of whether the total bid of the particular combination selected is higher or lower than any other bidder for that same combination.

D. For the Apparent Low Bidder only, City will evaluate the Apparent Low Bidder for responsiveness to the requirements of Document 00 45 13 and for responsibility.

E. If the Apparent Low Bidder is determined to not meet the minimum qualification requirements, the bidder will be considered non-responsive or non-responsible. The City will then proceed to review the next Apparent Low Bidder’s Statement of Qualifications document pursuant to any procedures determined in its reasonable discretion.

2.02 EVALUATION OF BIDS
A. Bids must be completed, clearly written and submitted using the required forms. Bidders shall make any change in the Bid by crossing out the original entry, entering and initialing the new entry. Bidder’s failure to submit all required documents strictly as required entitles the City to reject the Bid as non-responsive. All Bidders must submit Bids containing each of the fully executed documents supplied in this Project Manual.

B. Bidders must submit Document 00 43 13 – Bond Accompanying Bid accompanied by a certified or cashier’s check, for an amount not less than ten percent (10%) of the Total Base Bid Price, 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, bonds and Contract Documents 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.

C. In evaluating Bids, the City will consider Bidders’ qualifications, whether or not the Bids comply with the prescribed requirements, unit prices, and other data, as may be requested in Document 00 41 13 – Bid Proposal or prior to the Notice of Award.

D. Pursuant to the provisions of Section 4100 through 4113 of the Public Contracts Code of the State of California, every Bidder shall, in their Bid, set forth the following:

1. The Name and Location of the place of business of each subcontractor who will perform work or labor or render services 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 subcontractor.

E. In the event that Bid Alternates are called for and Bidder intends to use different or additional subcontractors on the alternate or alternates, they shall fill out additional forms of the Subcontractors List and shall indicate on such forms whether they apply to the Base or Bid Alternates.

F. 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 NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
INSTRUCTIONS TO BIDDERS 00 21 13 - 3
percent of the total bid, or $10,000, whichever is greater, they agree to perform that portion themselves. The successful Bidder shall not, without the consent of the City, either:

1. Substitute any person, firm, or corporation as a 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.

G. Bidders must execute and submit with their Bid Document 00 45 19 – Non-Collusion Affidavit.

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

H. The City may conduct reasonable investigations and reference checks of Bidders and other persons and organizations as the City deems necessary to assist in the evaluation of any Bid and to establish accordance with the Contract Documents to the City’s satisfaction within the prescribed time. Submission of a Bid constitutes Bidder’s consent to the foregoing.

I. The City shall have the right to consider information provided by sources other than Bidder. The City shall also have the right to communicate directly with Bidder’s surety regarding Bidder’s bonds.

J. 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.

K. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between written words and figures will be resolved in favor of the words.

L. Bids shall be deemed to include the written responses of the Bidder to any questions or requests for information of the City made as part of the Bid evaluation process after submission of Bid.

M. The submission of a Bid does not commit the City to award a contract for the Project, to pay costs incurred in the preparation of a Bid, or to procure or contract for any goods or services.

2.03 RESERVATION OF RIGHTS
A. The City reserves the right to reject any or all nonconforming, non-responsive, non-responsible, unbalanced, or conditional Bids, and to reject the Bid of any Bidder as non-responsive as a result of any error or omission in the Bid, or if the City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City. For purposes of this paragraph, an “unbalanced Bid” is one having nominal prices for some Bid items and enhanced prices for other Bid items.

B. The City may retain Bid securities and Bid bonds of other than the Apparent Low Bidder for a period of 90 days after award or full execution of the Contract, whichever occurs first.

C. The City may reject any or all Bids and waive informalities or minor irregularities in the Bids.

The City also reserves the right, in its discretion, to reject any or all Bids and to re-Bid the Project.

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
INSTRUCTIONS TO BIDDERS 00 21 13 - 4
ARTICLE 3 – BID PROTEST

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

ARTICLE 4 – POST NOTICE OF AWARD REQUIREMENTS

4.01 NOTICE OF AWARD AND SUBMITTAL OF EXECUTED CONTRACT DOCUMENTS A. If Contract is to be awarded, it will be awarded to the lower responsible, responsive Bidder. City will issue a Notice of Award. Such Award, if made, will be made within ninety (90) calendar days after the opening of the Bid Proposals.

B. Successful Bidder must execute and submit to the City all Contract Documents in accordance requested in the Notice of Award by the 10th calendar day following the Notice of Award.

C. 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.

4.02 FAILURE TO EXECUTE AND DELIVER CONTRACT DOCUMENTS
A. Successful Bidder’s failure to submit the required Contract Documents in a proper and timely manner entitles the City to rescind its Award, and to cause Bidder’s Bid security to be forfeited as provided herein.

B. If Bidder to whom the Contract is awarded, within the period described in this Document 00 21 13 – Instructions to Bidders, fails or neglects to execute and deliver all required Contract Documents and file all required bonds, insurance certificates, and other documents, City may, in its sole discretion, rescind its Award, recover on Bidder’s surety bond, or deposit Bidder’s cashier’s check or certified check for collection. In addition, upon such failure, the City may determine the next Apparent Low Bidder and proceed accordingly.

C. It is understood that that Bidder’s Bid security shall not be considered as liquidated damages and shall neither limit nor fix liability to City for damages sustained because for failure of Bidder to execute and deliver the Contract Documents, insurance certificates, performance and payment bonds.

4.03 ASSIGNMENT
A. 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 NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
INSTRUCTIONS TO BIDDERS 00 21 13 - 5
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.

4.04 LAWS AND ORDINANCES
A. 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 employer 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.

B. 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 C. For general information, questions, requests for clarification, or comments regarding compliance with all local, state, and federal ordinances must be submitted in writing by email or via the electronic BidsOnline system discussed in Document 00 11 13 – Notice Inviting Bids. All clarifications and interpretations affecting the Project will be issued by 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.

ARTICLE 5 – GENERAL REQUIREMENTS

5.01 CONTRACTOR’S LICENSE
A. No bid may be considered from a Contractor who, at the time -of bid submission, 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 California Contractor’s license required in the performance of this Contract is a California A, B, C-12, C-27, C-33, C-61, D-12. Specialty work may require a specialty Contractor’s license, held by Bidder or a listed subcontractor.

5.02 DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION A. All bidders including subcontractors are required to be registered with DIR, and have an active DIR registration number at the time of bid submission.

5.03 CITY OF RICHMOND BUSINESS LICENSE
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
INSTRUCTIONS TO BIDDERS 00 21 13 - 6
A. Bidders will be required to have an active City of Richmond Business License before contract award.

5.04 TIME LIMITS OF WORK
A. The Contractor shall commence work after execution of the Contract and upon receipt of directions to proceed as stated in the Notice to Proceed, issued by the City of Richmond and shall complete the Base Bid work within the allotted time of:
30 Calendar Days for Final Completion
counting from and including the day stated as the starting date in the Notice to Proceed.

5.05 LIQUIDATED DAMAGES
A. The Contractor shall pay to the City of Richmond the sum of $250 (Two Hundred Fifty Dollars) per calendar day for each and every calendar day delay in finishing the work in excess of the number of calendar days prescribed above, except as extended by Contract Change Order.

B. The City shall have the right to charge the Contractor and to deduct from the payments for the work the actual cost to the City for engineering, inspection and other overhead expenses which are directly chargeable to the Contract and which accrue during the period of such delay. The expenses and damages described above shall be deducted from any money due to the Contractor under this Contract. The Contractor and his sureties shall be liable for any such excess cost.

5.06 HOURS OF WORK
A. 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.

B. The temporary full closure of streets is not permitted without advance approval of the City.

C. When lane closures are made for daily work periods, at the end of each work period, all components of the traffic control systems shall be removed from the traveled way and shoulder.

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

5.07 SUBSTITUTIONS
A. Bidders must base their Bids on products and systems specified in Contract Documents or listed by name in Addenda.

5.08 WITHDRAWAL OF BIDS
A. Bidders may withdraw their Bids at any time prior to the bid opening time indicated in Document 00 11 13 - Notice Inviting Bids, only by written request for the withdrawal of Bid filed with the City Clerk. The request shall be executed by the Bidder or its duly authorized representative.

The withdrawal of a Bid does not prejudice the right of the Bidder to file a new Bid. Whether or not Bids are opened exactly at the time fixed in the public notice for opening Bids, a Bid will not NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
INSTRUCTIONS TO BIDDERS 00 21 13 - 7
be received after that time, nor may any Bid be withdrawn after the time fixed in the public notice for opening of Bids.

5.09 INELIGIBLE CONTRACTORS OR SUBCONTRACTORS
A. 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.

5.10 INDEMNIFICATION AND INSURANCE
A. Indemnification – Contractor shall indemnify, and shall cause all subcontractors to indemnify, the City in accordance with Section 3.4 of the Construction Agreement.

B. 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.

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

2. 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.

3. 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.

5.11 PREVAILING WAGE
A. All Contractors and subcontractors performing services under this Contract shall pay their employees providing such services with 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 NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
INSTRUCTIONS TO BIDDERS 00 21 13 - 8
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 part of the Contract Documents.

C. The Contractor and any subcontractor under the Contractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall forfeit to the State or political subdivision on whose behalf the contract is made or awarded a penalty of not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by the Contractor or by any subcontractor under the Contractor in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of the obligations under the Labor Code. In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the prime contractor of the project is not liable for the penalties described above unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:

1. The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor 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 NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
INSTRUCTIONS TO BIDDERS 00 21 13 - 9
money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, the Contractor shall pay all moneys retained from the subcontractor to the Department. These moneys shall be retained by the Department pending the final decision of an enforcement action.

E. Pursuant to the requirements in Section 1773 of the Labor Code, the City has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of the Labor Code, apprenticeship or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays 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.

5.12 COMMUNITY WORKFORCE AND PROJECT STABILIZATION AGREEMENT A. Not applicable.

5.13 FIRST SOURCE AGREEMENT
A. The Project WILL be subject to the City of Richmond First Source Agreement. The successful Bidder will be required to enter into the First Source Agreement. A sample copy of this agreement is set forth in Appendix A.

5.14 SIGNATURE OF CONTRACTOR
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
INSTRUCTIONS TO BIDDERS 00 21 13 - 10
A. Corporations: The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk’s office.

B. 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.

C. Joint Ventures: Bids submitted as joint ventures must so state and be signed by each joint venture.

D. 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.

5.15 GUARANTY
A. All work shall be guaranteed one (1) year from the date of final project 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 final project acceptance by the City, post Document 00 65 36 – Warranty Bond in the amount of fifteen percent (15%) of the Contract value. The Warranty Bond shall remain in full force and effect through the guaranty period of one (1) year.

5.16 DEFINITIONS
A. All abbreviations and definitions of terms used in this Document 00 21 13 – Instructions to Bidders are set forth in Section 01 42 16 – Definitions and References.

END OF DOCUMENT
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
BID PROPOSAL 00 41 13 - 1
DOCUMENT 00 41 13

BID PROPOSAL
TO: The City of Richmond, CA
THIS BID IS SUBMITTED BY (Please print clearly):

Name of Bidder: ______________________________________________________________________ (Legal Name of Firm/Company)
Business P.O. Box: ___________________________________________________________________ Business Address: ____________________________________________________________________ (Please include even if P.O. Box used)
Date: ___________________________
RE: NICHOLL PARK TENNIS COURTS RENOVATION PROJECT

1. The undersigned Bidder declares that the only person or parties interested in the Bid Proposal are those named herein; that this Bid Proposal is in all respects fair and without fraud; that it is made without collusion with any official or employee of the City of Richmond, and that the Bid Proposal is made without any connection or collusion with any person making another proposal on this Contract.

2. Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with City of Richmond in the form included in the Contract Documents, Document 00 52 00 – Construction Agreement (Agreement), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents.

3. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00 11 13 – Notice Inviting Bids, and Document 00 21 13 – Instructions to Bidders, including, without limitation, those dealing with the disposition of Bid Security. Bidder will sign and submit Agreement and other documents required by Document 00 21 13 – Instructions to Bidders, within 10 calendar days after receipt of the Notice of Award.

4. In submitting this Bid, Bidder represents that Bidder has examined all of the Contract Documents; that they have carefully examined the location of the proposed work and performed all necessary Pre-Bid investigations; that they acknowledge receipt of the Pre-Bid conference minutes (if any), and received the following Addenda:

Addendum Number Addendum Date Signature of Bidder

5. Based on the foregoing, Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the following sums of money listed in the following Bid Schedule:

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
BID PROPOSAL 00 41 13 - 2

BID SCHEDULE
All Bid Items, including lump sums, allowances and unit prices, must be filled in completely. Quote in figures only, unless words are specifically requested. In case of discrepancy between total of individual scope price and entered total base bid price then total of individual scope price will be considered. In case of discrepancy between entered total base bid price in figure and words, total base bid price in figure will be considered. And, in case of discrepancy between total of individual scope price, entered total base bid price in figure and words then total of individual scope price will be considered.

Bidder selection will be based on Base Bid Price.

BASE BID
ITEM DESCRIPTION QT UNIT PRICE ($)
1 Court Preparation 1 LS
2 Crack Repair 1 LS
3 Pond Levelling 1 LS
4 Court Surfacing Field Color Blue 1 LS
5 Court Surfacing Field Color Green 1 LS
6 Court Striping White 1 LS
Total Base Bid Price:
(Bid Items 1 through 6)
Total Base Bid Price (Bid Items 1 through 6):
_____________________________________________________________________________________________________________________ (words)

6. 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 Base Bid Price (as shown above); which is the total of the Base Bid.

7. The unit price or lump sum prices to be paid for the items listed in the Bid Schedule 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 NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
BID PROPOSAL 00 41 13 - 3
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.

8. The undersigned hereby certifies that they have 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.

California Contractor’s License No. Date
DIR Registration Number
Contractor Signature Print or Type Name and Title

9. 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.

10. The undersigned agrees to execute and deliver the documents required by Document 00 21 13 – Instructions to Bidders within ten (10) calendar days from the receipt of the Notice of Award.

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

12. The undersigned Bidder herewith encloses a cashier’s check or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in the State of California, in form specified in Document 00 21 13 – Instructions to Bidders, for an amount not less than ten percent (10%) of the Total Base Bid Price, made payable to the order of the City of Richmond, California. The undersigned agrees that in case of their failure to execute the necessary contract and furnish the required bonds, the cashier’s check, certified check or surety bond the money payable thereon, shall be and remain the property of the City.

IMPORTANT NOTICE: If Bidder or other interested person is a corporation, state legal name of corporation and names of the president, secretary, treasurer, and manager; if a partnership, give the name of the firm and names of all individual co-partners composing the firm; or, if Bidder or other interested person is an individual, state first and last names in full.

NAME OF BIDDER: ____________________________________________________________________ licensed in accordance with an act for the registration of Contractors, and with license number: ____________________________________ Expiration: __________________. _________________________________________ _______________________________________ (Place of Incorporation, if Applicable) (Principal)
_______________________________________
(Principal)
_______________________________________
(Principal)
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
BID PROPOSAL 00 41 13 - 4
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
__________________________________________
(Signature of Bidder)
NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership. 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.

Business Address: ___________________________________________ ___________________________________________
Contractor’s Representative(s): ___________________________________________ (Name/Title)
___________________________________________
(Name/Title)
Officers Authorized to Sign Contracts: ___________________________________________ (Name/Title)
___________________________________________
(Name/Title)
Telephone Number(s): ___________________________________________ (Area Code) (Number)
___________________________________________
(Area Code) (Number)
Fax Number(s): ___________________________________________ (Area Code) (Number)
___________________________________________
(Area Code) (Number)

END OF DOCUMENT
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
BOND ACCOMPANYING BID 00 43 13 - 1
DOCUMENT 00 43 13

BOND ACCOMPANYING BID
Bond No.___________
KNOW ALL BY THESE PRESENTS:
_________________________________, as Principal, and ________________________________, as Surety are hereby held and firmly bound unto the City of Richmond, in the penal sum of _________________________________________________________ dollars ($__________________) (Amount in words)
which is ten percent (10%) of the total bid submitted by said Principal to the City of Richmond for the project listed below, for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the said Principal is submitting a Bid for:

NICHOLL PARK TENNIS COURTS RENOVATION -Richmond, CA 94804 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that if said Bid submitted by the Principal is accepted and the Contract is awarded to the Principal, the Principal shall, within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and shall in all other respects perform the agreement created by the acceptance of the Bid, then this obligation shall be void, otherwise it 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 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 Surety have hereunto set their hands and seals on this ___________day of_____________, 20__.

By: __________________________________
(Principal)
By: __________________________________
(Surety)
By: __________________________________
(Attorney-in-Fact)
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 DOCUMENT
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond

CITY OF RICHMOND
CONTRACTING POLICIES 00 45 00 - 1
DOCUMENT 00 45 00

CITY OF RICHMOND CONTRACTING POLICIES
Contractor shall comply with the City of Richmond’s adopted employment policies applying to City construction projects. The following forms shall be submitted in accordance with Document 00 21 13 – Instructions to Bidders:
 Sanctuary City Compliance Form
 Background Check Certification Form
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond

CITY OF RICHMOND
CONTRACTING POLICIES 00 45 00 - 2
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond

CITY OF RICHMOND
CONTRACTING POLICIES 00 45 00 - 3
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
BIDDER CERTIFICATIONS 00 45 14 - 1
DOCUMENT 00 45 14

BIDDER CERTIFICATIONS

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned Bidder certifies to City as set forth in sections 1 through 6 below.

1. STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two (2) years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.

2. CERTIFICATION OF DEBARMENT AND SUSPENSION
By my signature hereunder, I hereby swear, under penalty of perjury, that Bidder 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 three (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 three (3) years. If there are any exceptions to this certification, insert exceptions as an attachment. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicated to whom it applies, initiating agency and dates of action.

3. CERTIFICATION OF WORKER’S COMPENSATION INSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 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.

4. CERTIFICATION OF PREVAILING WAGE RATES AND RECORDS
By my signature hereunder, as the Contractor, I certify that I am aware of the provisions of Section 1773 of the California Labor Code, which requires the payment of prevailing wage on public projects. Also, that the Contractor and any subcontractors under the Contractor shall comply with California Labor Code §1776, regarding wage records, and with California Labor Code §1777.5, regarding the employment and training of apprentices. It is the Contractor’s responsibility to ensure compliance by any and all subcontractors performing work under this Contract.

5. CERTIFICATION OF COMPLIANCE WITH PUBLIC WORKS CHAPTER OF LABOR CODE By my signature hereunder, as the Contractor, I certify that I am aware of Sections 1777.1 and 1777.7 of the California Labor Code and Contractor and Subcontractors and am eligible to bid and work on public works projects.

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
BIDDER CERTIFICATIONS 00 45 14 - 2

6. CERTIFICATION OF ADEQUACY OF CONTRACT AMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), I certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

BIDDER: ___________________________________________
(Name of Bidder)
Date: _________________________
By: __________________________________________
(Signature)
Name: __________________________________________
(Print Name)
Its: __________________________________________
(Title)

END OF DOCUMENT
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
NON-COLLUSION AFFIDAVIT 00 45 19 - 1
DOCUMENT 00 45 19

NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE §7106

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
_________________________________________________________________, being first duly sworn, (Name of Principal of Bidder)
deposes and says that he or she is _______________________________________________________ (Office of Affiant)
of _________________________________________________________________________, the party (Name of Bidder)
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 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, and 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 Bidder or any other bidder, or to fix any overhead, profit or cost element of the Bid price, or of that of any other bidder, or to secure any advantage against the City of Richmond, CA, or anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that Bidder has not, directly or indirectly, submitted its Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

Executed under penalty of perjury under the laws of the State of California:
____________________________________________
(Name of Bidder)
____________________________________________
(Signature of Principal)
Subscribed and sworn before me _________________________________________________________ This _____________ day of ____________________________, 20___ Notary Public of the State of ___________________________________________ In and for the County of_______________________________________________ My Commission expires_______________________________________________ (Seal) NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
NON-COLLUSION AFFIDAVIT 00 45 19 - 2
NOTES:

1. If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture.

2. If Bidder [including any partner or venturer of a partnership or joint venture] is a corporation, this affidavit must be signed by the Chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.

3. If Bidder’s affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law.

END OF DOCUMENT
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
CONSTRUCTION AGREEMENT 00 52 00 - 1
DOCUMENT 00 52 00

CONTRACT

CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this ____ day of _________, 20__, 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, 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 – 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.

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 NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
CONSTRUCTION AGREEMENT 00 52 00 - 2
construction of the Project and the whole thereof, in the manner and according to the Contract Documents.

Section 1.4 Discovery of Hazardous Waste or Unusual Conditions. (a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement. (c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

Section 1.5 Laws and Regulations.
(a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof. (b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, 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, NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
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penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement. (d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period.

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

Section 1.6 Inspections.

Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and 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.

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Section 1.9 Insurance and Bond Requirements.
(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861. (b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications.

Proof of insurance and bonding related to the construction of the Project shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days. The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor's receipt of the City's approval of evidence of insurance coverage related to the construction of the Project. (c) Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder's Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above.
(d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.

Section 1.10 Security In Lieu of Retention.
(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.

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

2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:

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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 .
(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.

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(9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

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

Owner Contractor
________________________ _________________________
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].

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Section 1.12 Job Site Notices.

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

ARTICLE II

DEFAULT AND REMEDIES
Section 2.1 Events of Default.

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

Each of the following shall constitute a "Default" by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents.

The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City informed of its progress, then the breach shall not constitute a default provided that the 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:

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(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
(b) Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder. Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.
(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person. Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.

Section 2.3 Waiver of Damages.

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

ARTICLE III

GENERAL PROVISIONS
Section 3.1 Relationship of Parties.

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

Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:

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

2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 01 26 00 – Contract Modification Procedures; and

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

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(b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.” (c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority. (d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.

Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project.
(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER, then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice to the City that expressly invokes this Section 3.3 and requests a determination of the issue. City shall decide the issue in writing within 15 days; City’s decision shall be final and the limitations period for the filing of a claim shall commence upon the City’s issuance of its decision. If Contractor disagrees with City’s decision, or if Contractor contends that City failed to provide a timely decision, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to file a written claim setting forth Contractor’s position as required herein. (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.

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

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

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

1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section

1.10.010(b), all Government Code claims must be presented no later than the 100th day after the earlier of (i) the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.

2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim.

Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.

3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3.

Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and 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.

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

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

Section 3.6 No Third Party Beneficiaries.

There shall be no third party beneficiaries to this Agreement.

Section 3.7 Conflict of Interest.
(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person's tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed.
(b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.

Section 3.8 Notices, Demands and Communications.

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

City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: Alexander White
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
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Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective.

Section 3.9 Applicable Law.

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

Section 3.10 Parties Bound.

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

Section 3.11 Severability.

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

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 ForceMajeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.

Section 3.13 Waivers.

Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
CONSTRUCTION AGREEMENT 00 52 00 - 13
or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City's written consent to future waivers.

Section 3.14 Title of Parts and Sections.

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

Section 3.15 Entire Understanding of the Parties.

The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project. The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.

Section 3.16 Multiple Originals; Counterpart.

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

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

Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:

CITY OF RICHMOND, a municipal corporation and charter
city
By: _________________________________
Name: _________________________________
Its: __________________________________
CONTRACTOR:

XXXX
By: _________________________________
Name: _________________________________
Its: _________________________________

END OF DOCUMENT
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
CONSTRUCTION PERFORMANCE BOND 00 61 13.13 - 1
DOCUMENT 00 61 13.13

CONSTRUCTION PERFORMANCE BOND
Bond No.___________
WHEREAS, the City of Richmond (hereinafter called “City”), in the 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 NICHOLL PARK TENNIS COURTS RENOVATION 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 undersigned Principal and __________________, as Surety, are held and firmly bound unto the City, in the penal sum of _______________________________________ dollars ($_______________________), lawful money of the United States, which is 100% of the Contract Price, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the above-bounded Principal, or its heirs, executors, administrators, successors, or assigns approved by the City, 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 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 thereof, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals on this ___________day of_____________, 20__.

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
CONSTRUCTION PERFORMANCE BOND 00 61 13.13 - 2

CONTRACTOR AS PRINCIPAL
(Corp. Seal)
SURETY
(Corp. Seal)
Company: _______________________________ Company: _______________________________ Signature: _______________________________ Signature: _______________________________ Name and Title: __________________________ Name and Title: __________________________ Address: ________________________________ Address: ________________________________ ________________________________________ ________________________________________ 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 DOCUMENT
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond

CONSTRUCTION LABOR AND MATERIAL
PAYMENT BOND 00 61 13.16 - 1
DOCUMENT 00 61 13.16

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
Bond No.___________
WHEREAS, the City of Richmond (hereinafter called “City”), in the 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_ (“Agreement”), and identified as project NICHOLL PARK TENNIS COURTS RENOVATION 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 furnish a bond in connection with the Agreement to secure the payment of 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 and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of ________________________________________ dollars ($_____________________), lawful money of the United States, which is 100% of the Contract Price, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-bounded Principal, or its executors, administrators, successors, or assigns approved by the City, or its subcontractors shall fail to pay for any materials furnished or labor thereon of any kind, or for amounts due under the State of California Unemployment Insurance Act with respect to work or labor performed under the Agreement, 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, Surety will pay, in addition to the face amount thereof, costs and reasonable expenses, 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.

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond

CONSTRUCTION LABOR AND MATERIAL
PAYMENT BOND 00 61 13.16 - 2
IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals on this ___________day of_____________, 20__.

END OF DOCUMENT
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 1
DOCUMENT 00 72 00

GENERAL CONDITIONS
ARTICLE 1 – INTERPRETATION OF CONTRACT DOCUMENTS ............................................................4

1.01 Interpretation of Documents ........................................................................................................ 4 ARTICLE 2 – PRE-BID INVESTIGATIONS ................................................................................................. 4

2.01 Pre-Bid Investigations Required .................................................................................................. 4

2.02 Limited Reliance Permitted on City’s Existing Conditions Data ..................................................4

2.03 Pre-Bid Investigation Requirements for Excavation and Utilities Relocation Project..................5 ARTICLE 3 – SUBCONTRACTORS............................................................................................................ 5

3.01 Subcontractor Listing Law ........................................................................................................... 5

3.02 Subcontracts................................................................................................................................ 5 ARTICLE 4 – DRAWINGS AND SPECIFICATIONS ................................................................................... 6

4.01 Intent of Drawings and Specifications ......................................................................................... 6

4.02 Checking of Drawings and Specifications ................................................................................... 6

4.03 Interpretation of Drawings and Specifications ............................................................................. 6

4.04 Use of Drawings and Specifications ............................................................................................ 7 ARTICLE 5 – COMMENCEMENT OF WORK ............................................................................................. 7

5.01 Submission of Required Schedules............................................................................................. 7

5.02 Commencement Date of Contract Time ...................................................................................... 7 ARTICLE 6 – CONTRACTOR’S ORGANIZATION AND EQUIPMENT ......................................................7

6.01 Contractor’s Legal Address ......................................................................................................... 7

6.02 Contractor’s Superintendents or Forepersons and Project Management Staff...........................8

6.03 Proficiency in English................................................................................................................... 8

6.04 Contractor’s and Subcontractors’ Employees ............................................................................. 8

6.05 Contractor’s Use of the Site......................................................................................................... 8

6.06 Contractor’s Site Office................................................................................................................ 8 ARTICLE 7 – CITY’S ADMINISTRATION OF WORK ................................................................................. 8

7.01 City’s Representative(s)............................................................................................................... 8

7.02 Observation of the Work .............................................................................................................. 8

7.03 Owner’s and Architect/Engineer’s Exercise of Contract Responsibilities....................................9

7.04 Access to Work............................................................................................................................ 9

7.05 City’s Right of Separate Construction........................................................................................10 ARTICLE 8 – CONTRACTOR’S PROSECUTION AND PROGRESS OF THE WORK............................10 NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 2

8.01 Supervision of Work by Contractor............................................................................................10

8.02 Contractor to Maintain Cost Data ..............................................................................................10

8.03 Contractor to Supply Sufficient Workers and Materials.............................................................11

8.04 Contractor to Maintain Project Record Documents ...................................................................12

8.05 Contractor to Not Disrupt City Operations .................................................................................12

8.06 Contractor to Provide Temporary Facilities and Controls..........................................................12 ARTICLE 9 – WARRANTY, GUARANTY, AND INSPECTION OF WORK ..............................................12

9.01 Warranty and Guaranty .............................................................................................................12

9.02 Inspection of Work .....................................................................................................................13

9.03 Correction of Defective Work.....................................................................................................14

9.04 Acceptance and Correction of Defective Work by City..............................................................15

9.05 Rights Upon Inspection, Correction or Acceptance...................................................................15

9.06 Proof of Compliance of Contract Provisions..............................................................................16

9.07 Correction Period and Project Warranty Period ........................................................................16

9.08 No Waiver ..................................................................................................................................16 ARTICLE 10 – MODIFICATIONS OF CONTRACT DOCUMENTS...........................................................17

10.01 City’s Right to Direct Changed Work .........................................................................................17

10.02 Required Documentation for Changed Work.............................................................................17

10.03 Procedures and Pricing of Changed Work ................................................................................17 ARTICLE 11 – TIME ALLOWANCES........................................................................................................18

11.01 Time Allowances........................................................................................................................18

11.02 Excusable Delay and Inexcusable Delay Defined.....................................................................18

11.03 Notice of Delay ..........................................................................................................................18

11.04 Compensable Time Extensions.................................................................................................18

11.05 Non-Compensable Time Extensions .........................................................................................18

11.06 Adverse Weather Delays ...........................................................................................................19

11.07 Liquidated Damages..................................................................................................................19 ARTICLE 12 – UNDERGROUND CONDITIONS.......................................................................................20

12.01 Contractor to Locate Underground Facilities .............................................................................20

12.02 Contractor to Protect Underground Facilities ............................................................................21

12.03 Concealed or Unknown Conditions ...........................................................................................21

12.04 Notice of Hazardous Waste or Materials Conditions.................................................................22 ARTICLE 13 – MISCELLANEOUS ............................................................................................................23

13.01 Permits and Taxes.....................................................................................................................23

13.02 Communications and Information Distribution...........................................................................24 NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 3
ARTICLE 14 – WORKING CONDITIONS AND PREVAILING WAGES ...................................................24

14.01 Use of Site/Sanitary Rules.........................................................................................................24

14.02 Protection of Work, Persons, and Property ...............................................................................25

14.03 Responsibility for Safety and Health..........................................................................................25

14.04 Emergencies..............................................................................................................................26

14.05 Use of Roadways and Walkways ..............................................................................................26

14.06 Environmental Controls .............................................................................................................26

14.07 Shoring Safety Plan ...................................................................................................................26 END OF DOCUMENT.................................................................................................................................27 NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 4
ARTICLE 1 – INTERPRETATION OF CONTRACT DOCUMENTS

1.01 Interpretation of Documents
A. Contract Documents are complementary; what is called for by one is as binding as if called for by all.

ARTICLE 2 – PRE-BID INVESTIGATIONS

2.01 Pre-Bid Investigations Required
A. Prior to and as a condition of submitting a Bid and executing Document 00 52 00 – Construction Agreement, Contractor shall make reasonable efforts to investigate fully the Work of the Contract. Contractor shall visit the Site, examine thoroughly and understand fully the nature and extent of the Contract Documents, Work, Site, locality, actual conditions and as-built conditions.

B. Contractor’s investigation shall include, without limitation, requesting and thoroughly examining of all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, product specification(s) or reports, made available by City for contracting purposes or during Contractor’s pre-bid investigations, of existing above ground and (to the extent applicable) below ground conditions (together, “Existing Conditions Data”), including, as applicable, Underground Facilities, geotechnical data, as-built data, utility surveys, record documents of all types, hazardous materials surveys, or similar materials which may appear or be referenced in the Project Manual or in the Contract Documents, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.

C. Contractor’s investigations shall consider fully the fact that Existing Conditions Data is in many cases based on information furnished to City by others (e.g., the prior owner or builders), and that due to their age or their chain of custody since preparation, may not meet current industry standards for accuracy. Contractor shall also: (i.) provide City with prompt written notice of all conflicts, errors, ambiguities, or discrepancies of any type, that it discovered in or among the Contract Documents and the Existing Conditions Data, and (ii.) subject to City’s approval, conduct any such additional or supplementary examinations, investigations, explorations, tests, studies and data compilations, concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise, which Contractor may deem necessary in order to perform and furnish the Work in accordance with the terms and conditions of Contract Documents.

D. During performance of the Contract, Contractor will be charged with knowledge of all information that it should have learned in performing these pre-bid investigations and other obligations, and shall not be entitled to Change Orders (time or compensation) due to any information, error, inconsistency, omission, or conditions that Contractor should have known as a part of this Work. Contractor shall be responsible for the resultant losses, including, without limitation, the cost of correcting Defective Work.

2.02 Limited Reliance Permitted on City’s Existing Conditions Data A. Regarding aboveground and as-built conditions shown on the Contract Documents or supplied by City, such information has been compiled in good faith, however, City does not expressly or impliedly warrant or represent that such information is correctly shown or indicated, or otherwise complete for construction purposes
B. Regarding subsurface conditions other than Underground Facilities shown on the Contract NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 5
Documents or otherwise supplied by City, Contractor may rely only upon the general accuracy of actual reported depths, actual reported character of materials, actual reported soil types, actual reported water conditions, or actual obstructions shown or indicated in the Contract Documents. City is not responsible for the completeness of any subsurface condition information, Contractor’s conclusions or opinions drawn from any subsurface condition information, or subsurface conditions that are not specifically shown. (For example, City is not responsible for soil conditions in areas contiguous to areas where a subsurface condition is shown.)

2.03 Pre-Bid Investigation Requirements for Excavation and Utilities Relocation Project A. As part of its pre-bid investigations for projects involving excavation and/or relocation of existing utilities, Contractor shall make reasonable efforts to verify information regarding Underground Facilities, including but not limited to, requesting additional information or verification of information as necessary.

B. Because of the nature and location of City and the Project, the existence of Underground Facilities is deemed inherent in the Work of the Contract, as is the fact that Underground Facilities are not always accurately shown or completely shown on as-built records, both as to their depth and location. Contractor shall, therefore, take care to note the existence and potential existence of Underground Facilities, in particular, above and below grade structures, drainage lines, storm drains, sewers, water, gas, electrical, communications, chemical, hot water, and other similar items and utilities. Contractor shall carefully consider all supplied information, request additional information Contractor may deem necessary, and visually inspect the Site for above ground indications of Underground Facilities (such as, for example not by way of limitation, the existence of existing service laterals, appurtenances or other types of utilities, indicated by the presence of an underground transmission main or other visible facilities, such as buildings, new asphalt, meters and junction boxes, on or adjacent to the Site).

Contractor shall also consider local underground conditions and typical practices for Underground Facilities, either through its own direct knowledge or through its subcontractors and fully consider this knowledge in assessing the existing information and the reasonableness of its reliance.

ARTICLE 3 – SUBCONTRACTORS

3.01 Subcontractor Listing Law
A. Contractor shall comply with the Subcontractor Listing law, California Public Contract Code Section 4101 et seq. Contractor shall not substitute any other person or firm in place of any Subcontractor listed in the Bid except as may be allowed by law.

B. Subcontractors shall not assign or transfer their subcontracts or permit them to be performed by any other contractor without City’s written approval. At City’s request, Contractor shall provide City with a complete copy of all executed subcontracts or final commercial agreements with Subcontractors and/or suppliers.

3.02 Subcontracts
A. Subcontract agreements shall preserve and protect the rights of City under the Contract Documents so that subcontracting will not prejudice such rights. To the extent of the Work to be performed by a Subcontractor, Contractor shall require the Subcontractor’s written agreement (1) to be bound to the terms of Contract Documents and (2) to assume vis-à-vis Contractor all the obligations and responsibilities that Contractor assumes toward City under the Contract Documents. (These agreements include for example, and not by way of limitation, all warranties, claims procedures and rules governing submittals of all types to which Contractor is subject under the Contract Documents.)
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 6
B. Contractor shall provide for the assignment to City of all rights any Subcontractor (of any tier) may have against any manufacturer, supplier, or distributor for breach of warranties and guarantees relating to the Work performed by the Subcontractor under the Contract Documents. Subcontracts shall provide and acknowledge City as an intended third-party beneficiary of each subcontract and supply contract (of any tier).

ARTICLE 4 – DRAWINGS AND SPECIFICATIONS

4.01 Intent of Drawings and Specifications
A. Contractor shall interpret words or phrases used to describe Work (including services), materials, or equipment that have well-known technical or construction industry or trade meaning in accordance with that meaning. Drawings’ intent specifically includes the intent to depict construction that complies with all applicable laws, codes and standards.

B. As part of the Work, Contractor shall provide all labor, materials, equipment, machinery, tools, facilities, services, employee training and testing, hoisting facilities, Shop Drawings, storage, testing, security, transportation, disposal, the securing of all necessary or required field dimensions, the cutting or patching of existing materials, notices, permits, documents, reports, agreements and any other items required or necessary to timely and fully complete Work described and the results intended by Contract Documents and, in particular, Drawings and Specifications. Divisions and Specification Sections and the identification on any Drawings shall not control Contractor in dividing Work among Subcontractors or suppliers or delineating the Work to be performed by any specific trade.

C. Contractor shall perform reasonably implied parts of Work as “incidental work” although absent from Drawings and Specifications. Incidental work includes any work not shown on Drawings or described in Specifications that is necessary or normally or customarily required as a part of the Work shown on Drawings or described in Specifications. Incidental work includes any work necessary or required to make each installation satisfactory, legally operable, functional, and consistent with the intent of Drawings and Specifications or the requirements of Contract Documents. Contractor shall perform incidental work without extra cost to City. Incidental work shall be treated as if fully described in Specifications and shown on Drawings, and the expense of incidental work shall be included in price Bid and Contract Sum.

4.02 Checking of Drawings and Specifications
A. Before undertaking each part of Work, Contractor shall carefully study and compare Contract Documents and check and verify pertinent figures shown in the Contract Documents and all applicable field measurements. Contractor shall be responsible for any errors that might have been avoided by such comparison. Figures shown on Drawings shall be followed; Contractor shall not scale measurements. Contractor shall promptly report to City, in writing, any conflict, error, ambiguity or discrepancy that Contractor may discover. Contractor shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby.

4.03 Interpretation of Drawings and Specifications
A. A typical or representative detail on Drawings shall constitute the standard for workmanship and material throughout corresponding parts of Work. Where necessary, and where reasonably inferable from Drawings, Contractor shall adapt such representative detail for application to such corresponding parts of Work. The details of such adaptation shall be subject to prior approval by City. Repetitive features shown in outline on Drawings shall be in exact accordance with corresponding features completely shown.

B. Should any discrepancy appear, or any misunderstanding arise as to the import of anything contained in Drawings and Specifications, or should Contractor have any questions or requests relating to Drawings or Specifications, Contractor shall refer the matter to City, in writing, with a copy to the Architect/Engineer. City will issue with reasonable promptness written responses, NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 7
clarifications or interpretations as City may determine necessary, which shall be consistent with the intent of and be reasonably inferable from Contract Documents. Such written clarifications or interpretations shall be binding upon Contractor. If Contractor believes that a written response, clarification or interpretation justifies an adjustment in the Contract Sum or Contract Time, Contractor shall give City prompt written notice. If the parties are unable to agree to the amount or extent of the adjustment, if any, then Contractor shall perform the Work in conformance with City’s response, clarification, or interpretation and may make a written claim for the adjustment in accordance with Document 00 52 00 – Construction Agreement.

4.04 Use of Drawings and Specifications
A. Drawings, Specifications and other Contract Documents were prepared for use for Work of Contract Documents only. No part of Contract Documents shall be used for any other construction or for any other purpose except with the written consent of City. Any unauthorized use of Contract Documents is prohibited and at the sole liability of the user.

ARTICLE 5 – COMMENCEMENT OF WORK

5.01 Submission of Required Schedules
A. Contractor shall submit to City in draft for review and discussion at the Preconstruction Conference, and in final prior to the first payment application, the following schedules:

1. Schedule of Values

2. Progress Schedule, and

3. Schedule of Submittals
B. No progress payment shall be due or owing to Contractor until such schedules are submitted to and acceptable to City and/or Architect/Engineer as meeting the requirements of the Contract Documents. In City’s sole discretion, City may elect to instead withhold a portion of any progress payment for unacceptable compliance with contract requirements for such schedules.

C. City’s acceptance of Contractor’s schedules will not create any duty of care or impose on City any responsibility for the sequencing, scheduling or progress of Work nor will it interfere with or relieve Contractor from Contractor’s full responsibility therefore.

5.02 Commencement Date of Contract Time
A. The Contract Time will commence to run on the date indicated in the Notice to Proceed.

B. City may give a Notice to Proceed at any time within 60 calendar days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run.

ARTICLE 6 – CONTRACTOR’S ORGANIZATION AND EQUIPMENT

6.01 Contractor’s Legal Address
A. Address and facsimile number given in Contractor’s Bid are hereby designated as Contractor’s legal address and facsimile number. Contractor may change its legal address and facsimile number by notice in writing, delivered to City, which in conspicuous language advises City of a change in legal address or facsimile number, and which City accepts in writing. Delivery to Contractor’s legal address or depositing in any post office or post office box regularly maintained by the United States Postal Service, in a wrapper with postage affixed, directed to Contractor at legal address, or of any drawings, notice, letter or other communication, shall be deemed legal and sufficient service thereof upon Contractor. Facsimile to Contractor’s designated facsimile number of any letter, memorandum, or other communication on standard or legal sized paper, with proof of facsimile transmission, shall be deemed legal and sufficient service thereof upon Contractor.

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 8

6.02 Contractor’s Superintendents or Forepersons and Project Management Staff A. Contractor shall at all times be represented on Site by one or more superintendents or forepersons authorized and competent to receive and carry out any instructions that City may give and shall be liable for faithful observance of instructions delivered to Contractor or to authorized representative or representatives on Site. Contractor shall also assign a qualified Project Manager and a qualified Project Engineer on the project along with other staff as needed.

6.03 Proficiency in English
A. Supervisors, security guards, safety personnel and employees who have unescorted access to the Site shall possess proficiency in the English language in order to understand, receive and carry out oral and written communications or instructions relating to their job functions, including safety and security requirements.

6.04 Contractor’s and Subcontractors’ Employees
A. Contractor shall employ, and shall permit its Subcontractors to employ, only competent and skillful personnel to do Work. If City notifies Contractor that any of its employees, or any of its Subcontractors’ employees on Work is incompetent, unfaithful, disorderly or profane, or fails to observe customary standards of conduct or refuses to carry out any provision of the Contract Documents, or uses threatening or abusive language to any person on Work representing City, or violates sanitary rules, or is otherwise unsatisfactory, and if City requests that such person be discharged from Work, then Contractor or its Subcontractor shall immediately discharge such person from Work and the discharged person shall not be re-employed on the Work except with consent of City.

6.05 Contractor’s Use of the Site
A. Contractor shall not make any arrangements with any person to permit occupancy or use of any land, structure or building within the limits of the Work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between City and any owner, former owner or tenant of such land, structure or buildings. Contractor may not occupy City-owned property outside the limit of the Work as indicated on the Drawings unless it obtains prior approval from City.

6.06 Contractor’s Site Office
A. Unless expressly provided otherwise in the Contract Documents, Contractor shall provide a site office staffed by a resident project manager or job superintendent.

ARTICLE 7 – CITY’S ADMINISTRATION OF WORK

7.01 City’s Representative(s)
A. City’s Representative(s) will have limited authority to act on behalf of City as set forth in the Contract Documents.

B. Except as otherwise provided in these Contract Documents or subsequently identified in writing by City, City will issue all communications to Contractor through City’s Representative, and Contractor shall issue all communications to City through City’s Representative in a written document delivered to City.

C. Should any direct communication between Contractor and City’s consultants, architects or engineers occur during field visits or by telephone, Contractor shall immediately confirm them in a written document copied to City.

7.02 Observation of the Work
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 9
A. Work shall be performed under City’s general observation and administration. Contractor shall comply with City’s directions and instructions in accordance with the terms of Contract Documents, but nothing contained in these General Conditions shall be taken to relieve Contractor of any obligations or liabilities under the Contract Documents. City’s failure to review or, upon review, failure to object to any aspect of Work reviewed, shall not be deemed a waiver or approval of any non-conforming aspect of Work.

B. Subject to those rights specifically reserved in the Contract Documents, City will not supervise, or direct, or have control over, or be responsible for, Contractor’s means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or Contractor’s failure to comply with laws and regulations applicable to the furnishing or performance of Work. City will not be responsible for Contractor’s failure to perform or furnish the Work in accordance with Contract Documents.

C. The City may engage an Architect/Engineer, an independent consultant, Project or Construction Manager (collectively for purposes of this Paragraph, “Project or Construction Manager/Architect”) to assist in administering the Work. If so engaged, the Project or Construction Manager/Architect will advise and consult with City, but will have authority to act on behalf of City only to extent provided in the Contract Documents or as set forth in writing by City. Project or Construction Manager/Architect will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with Work. Project or Construction Manager/Architect will not be responsible for or have control over the acts or omissions of Contractor, Subcontractors or their agents or employees, or any other persons performing Work.

D. Project or Construction Manager /Architect may review Contractor’s Submittals, such as Shop Drawings, Product Data, and Samples, but only for conformance with design concept of Work and with information given in the Contract Documents.

E. Project or Construction Manager/Architect may visit the Site at intervals appropriate to stage of construction to become familiar generally with the progress and quality of Work and to determine in general if Work is proceeding in accordance with Contract Documents. Based on its observations, Project or Construction Manager/Architect may recommend to City that it disapproves or rejects Work that Project or Construction Manager/Architect believes to be Defective or will not produce a complete Project that conforms to Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by Contract Documents. City will also have authority to require special inspection or testing of Work, whether or not the Work is fabricated, installed or completed.

F. Project or Construction Manager/Architect may conduct inspections to recommend to City the dates that Contractor has achieved Substantial Completion and Final Acceptance, and will receive and forward to City for review written warranties and related documents required by Contract Documents.

7.03 Owner’s and Architect/Engineer’s Exercise of Contract Responsibilities A. City, Project or Construction Manager, Architect/Engineer and all City’s representatives, in performing their duties and responsibilities under the Contract Documents, accept no duties, responsibilities or duty of care, nor may the same be implied or inferred, towards Contractor, any Subcontractor, sub-Subcontractor or supplier, except those set forth expressly in the Contract Documents.

7.04 Access to Work
A. During performance of Work, City and its agents, consultants, and employees may at any time enter upon Work, shops or studios where any part of the Work may be in preparation, or factories where any materials for use in Work are being or are to be manufactured, and Contractor shall provide proper and safe facilities for this purpose, and shall make NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
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arrangements with manufacturers to facilitate inspection of their processes and products to such extent as City’s interests may require. Other contractors performing work for City may also enter upon Work for all purposes required by their respective contracts. Subject to the rights reserved in the Contract Documents, Contractor shall have sole care, custody, and control of the Site and its Work areas.

7.05 City’s Right of Separate Construction
A. City may perform with its own forces, construction or operations related to the Project, or the Site during Contractor’s operations. City may also award separate contracts in connection with other portions of the Project or other construction or operations, on the Site or areas contiguous to the Site, under conditions similar to these Contract Documents, or may have utility owners perform other work.

B. Contractor shall adjust its schedule and fully coordinate with and shall afford all other contractors, utility districts and City (if City is performing work with its own forces), proper and safe access to the Site, and reasonable opportunity for the installation and storage of their materials. Contractor shall ensure that the execution of its Work properly connects and coordinates with others’ work, do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work, and shall cooperate with them to facilitate the progress of the Work.

C. To the extent that any part of Contractor’s Work is to interface with work performed or installed by other contractors or utility owners, Contractor shall inspect and measure the in-place work.

Contractor shall promptly report to City in writing any defect in in-place work that will impede or increase the cost of Contractor’s interface unless corrected.

ARTICLE 8 – CONTRACTOR’S PROSECUTION AND PROGRESS OF THE WORK

8.01 Supervision of Work by Contractor
A. Subject to those rights specifically reserved in the Contract Documents, Contractor shall supervise, direct, have control over, and be responsible for, Contractor’s means, methods, techniques, sequences or procedures of construction, safety precautions and programs incident thereto, and compliance with laws and regulations applicable to the furnishing or performance of Work.

B. Contractor shall keep on the Site at all times during Work progress a competent resident Superintendent, who shall not be replaced without City’s express written consent. The Superintendent shall be Contractor’s representative at the Site and shall have complete authority to act on behalf of Contractor. All communications to and from the Superintendent shall be as binding as if given to or by Contractor.

C. Contractor shall supervise, inspect, and direct Work competently and efficiently, devoting the attention and applying such personal skills and expertise as may be required and necessary to perform Work in accordance with Contract Documents. Contractor shall be solely responsible for and have control and charge of construction means, methods, techniques, sequences and procedures, safety precautions and programs in connection with the Work. Contractor shall be responsible to see that the completed Work complies accurately with Contract Documents.

D. Contractor is fully responsible for Contractor’s own acts and omissions. Contractor is responsible for all acts and omissions of its Subcontractors, suppliers, and other persons and organizations performing or furnishing any of the Work, labor, materials, or equipment under a direct or indirect contract with Contractor.

E. Contractor shall conduct monthly Contractor Safety Committee meetings, and weekly toolbox safety talks.

8.02 Contractor to Maintain Cost Data
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A. Contractor shall maintain full and correct information as to the number of workers employed in connection with each subdivision of Work, the classification and rate of pay of each worker in form of certified payrolls, the cost to Contractor of each class of materials, tools and appliances used by Contractor in Work, and the amount of each class of materials used in each subdivision of Work. Contractor shall provide City with monthly summaries of this information.

If Contractor maintains or is capable of generating summaries or reports comparing actual Project costs with Bid estimates or budgets, Contractor shall provide City with a copy of such report upon City’s request.

B. Contractor shall maintain daily job reports recording all significant activity on the job, including the number of workers on Site, Work activities, problems encountered and delays. Contractor shall provide City with copies for each Day Contractor works on the Project, to be delivered to City either the same Day or the following morning before starting work at the Site. Contractor shall take pre-construction and monthly progress photographs of all areas of the Work.

Contractor shall maintain copies of all correspondence with Subcontractors and records of meetings with Subcontractors.

C. City shall have the right to audit and copy Contractor’s books and records of any type, nature or description relating to the Project (including but not limited to financial records reflecting in any way costs claimed on the Project), and to inspect the Site, including Contractor’s trailer, or other job Site office, and this requirement shall be contained in the subcontracts of Subcontractors working on Site. By way of example, City shall have the right to inspect and obtain copies of all Contract Documents, planning and design documents, Bid proposal and negotiation documents, cost records and job cost variance reports, design modification proposals, value engineering or other cost reduction proposals, revisions made to the original design, job progress reports, photographs, and as-built drawings maintained by Contractor. City and any other applicable governmental entity shall have the right to inspect all information and documents maintained hereunder at any time during the Project and for a period of five years following Final Completion, in accordance with the provisions of Section 8546.7 of the California Government Code. This right of inspection shall not relieve Contractor of its duties and obligations under the Contract Documents. This right of inspection shall be specifically enforceable in a court of law, either independently or in conjunction with enforcement of any other rights in the Contract Documents.

8.03 Contractor to Supply Sufficient Workers and Materials A. Unless otherwise required by City under the terms of Contract Documents, Contractor shall at all times keep on the Site materials and employ qualified workers sufficient to prosecute Work at a rate and in a sequence and manner necessary to complete Work within the Contract Time.

This obligation shall remain in full force and effect notwithstanding disputes or claims of any type.

B. At any time during progress of Work should Contractor directly or indirectly (through Subcontractors) refuse, neglect, or be unable to supply sufficient materials or employ qualified workers to prosecute the Work as required, then City may require Contractor to accelerate the Work and/or furnish additional qualified workers or materials as City may consider necessary, at no cost to City. If Contractor does not comply with the notice within three Business Days of date of service thereof, City shall have the right (but not a duty) to provide materials and qualified workers to finish the Work or any affected portion of Work, as City may elect. City may, at its discretion, exclude Contractor from the Site, or portions of the Site or separate work elements during the time period that City exercises this right. City will deduct from moneys due or which may thereafter become due under the Contract Documents, the sums necessary to meet expenses thereby incurred and paid to persons supplying materials and doing Work. City will deduct from funds or appropriations set aside for purposes of Contract Documents the amount of such payments and charge them to Contractor as if paid to Contractor. Contractor shall remain liable for resulting delay, including liquidated damages and indemnification of City from claims of others.

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C. Exercise by City of the rights conferred upon City in this subparagraph is entirely discretionary on the part of City. City shall have no duty or obligation to exercise the rights referred to in this subparagraph and its failure to exercise such rights shall not be deemed an approval of existing Work progress or a waiver or limitation of City’s right to exercise such rights in other concurrent or future similar circumstances. (The rights conferred upon City under this subparagraph are, like all other such rights, cumulative to City’s other rights under any provision of the Contract Documents.)

8.04 Contractor to Maintain Project Record Documents
A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Contract Modifications, Change Orders, Work Directives, Architect's Supplemental Instructions, Force Account orders, and written interpretations and clarifications in good order and annotated to show all as-built changes made during construction. These Project Record Documents, together with all approved samples and a counterpart of all approved Shop Drawings, shall be maintained and available to City for reference. Upon completion of the Work, Contractor shall deliver to City, the Project Record Documents, Samples and Shop Drawings and as-built drawings.

B. Throughout Contractor’s performance of the Work of the Project, Contractor shall maintain construction records to include: shop drawings; product data/material data sheets; samples; submittal; purchases; materials; equipment; inspections; applicable handbooks; applicable codes and standards; maintenance and operating manuals and instructions; RFI Log; Submittal Log; other related documents and revisions which arise out of the Construction Contracts.

Contractor shall maintain records of principal building layout lines, elevations for the bottom of footings, floor levels, and key site elevations (certified by a licensed surveyor or professional engineer). Contractor shall make all records available to City. At the completion of the Project, Contractor shall deliver all such records to the City to have a complete set of record as-built drawings.

8.05 Contractor to Not Disrupt City Operations
A. Contractor shall schedule and execute all Work in a manner that does not interfere with or disrupt City operations, including but not limited to, parking, utilities (communication, electricity, gas, water), noise, access by employees and administration, access by vendors, physicians, patients and any other person or entity using City facilities or doing business with City.

Contractor shall produce and supply coordination plans and requests to City, following City procedures, for all necessary interference of construction with City, which City will reasonably cooperate with.

8.06 Contractor to Provide Temporary Facilities and Controls A. Unless expressly provided otherwise in the Contract Documents, Contractor shall provide all temporary utilities (including without limitation electricity, water, natural gas), lighting, heating, cooling and ventilating devices, telephone, sanitary facilities, barriers, fences and enclosures, tree and plant protection, fire protection, pollution prevention, erosion and sediment control, Storm Water Pollution Prevention controls, noise and traffic control, and any other necessary services required for construction, testing or completion of the Work.

ARTICLE 9 – WARRANTY, GUARANTY, AND INSPECTION OF WORK

9.01 Warranty and Guaranty
A. General Representations and Warranties: Contractor represents and warrants that it is and will be at all times fully qualified and capable of performing every phase of the Work and to complete Work in accordance with the terms of the Contract Documents. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices and all requirements of NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
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Contract Documents. Contractor warrants that Work, including but not limited to each item of materials and equipment incorporated therein, shall be new, of suitable grade of its respective kind for its intended use, and free from defects in design, engineering, materials, construction and workmanship. Contractor warrants that Work shall conform in all respects with all applicable requirements of federal, state and local laws, applicable construction codes and standards, licenses, and permits, Drawings and Specifications and all descriptions set forth therein, and all other requirements of Contract Documents. Contractor shall not be responsible, however, for the negligence of others in the specification of specific equipment, materials, design parameters and means or methods of construction where that is specifically shown and expressly required by Contract Documents.

B. Extended Guarantees: Any guarantee exceeding one year provided by the supplier or manufacturer of any equipment or materials used in the Project shall be extended for such term. Contractor expressly agrees to act as co-guarantor of such equipment and materials and shall supply City with all warranty and guarantee documents relative to equipment and materials incorporated in the Project and guaranteed by their suppliers or manufacturers.

C. Environmental and Toxics Warranty: The covenants, warranties and representations contained in this Paragraph are effective continuously during Contractor’s Work on the Project and following cessation of labor for any reason including, but not limited to, Project completion.

Contractor covenants, warrants and represents to City that:

1. To Contractor’s knowledge after due inquiry, no lead or Asbestos-containing materials were installed or discovered in the Project at any time during Contractor’s construction thereof. If any lead or Asbestos-containing materials were discovered, Contractor made immediate written disclosure to City.

2. To Contractor’s knowledge after due inquiry, no electrical transformers, light fixtures with ballasts or other equipment containing PCBs are or were located on the Project at any time during Contractor’s construction thereof.

3. To Contractor’s knowledge after due inquiry, no storage tanks for gasoline or any other toxic substance are or were located on the Project at any time during Contractor’s construction thereof. If any such materials were discovered, Contractor made immediate written disclosure to City.

4. Contractor’s operations concerning the Project are and were not in violation of any applicable environmental federal, state, or local statute, law or regulation dealing with hazardous materials substances or toxic substances and no notice from any governmental body has been served upon Contractor claiming any violation of any such law, ordinance, code or regulation, or requiring or calling attention to the need for any Work, repairs, construction, alteration, or installation on or in connection with the Project in order to comply with any such laws, ordinances, codes, or regulations, with which Contractor has not complied. If there are any such notices with which Contractor has complied, Contractor shall provide City with copies thereof.

9.02 Inspection of Work
A. Work and materials, and manufacture and preparation of materials, from beginning of construction until Final Completion and acceptance of Work, shall be subject to inspection and rejection by City, its agents, representatives or independent contractors retained by City to perform inspection services, or governmental agencies with jurisdictional interests. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s Site safety procedures and program so that they may comply therewith as applicable. Upon request or where specified, City shall be afforded access for inspection at the source of supply, manufacture or assembly of any item of material or equipment, with reasonable accommodations supplied for making such inspections.

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B. Contractor shall furnish, in such quantities and sizes as may be required for proper examination and tests, Samples or test specimens of all materials to be used or offered for use in connection with Work. Contractor shall prepare Samples or test specimens at its expense and furnish them to City. Contractor shall submit all Samples in ample time to enable City to make any necessary tests, examinations, or analyses before the time it is desired to incorporate the material into the Work.

C. Contractor shall give City timely notice of readiness of Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.

D. If applicable laws or regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, and furnish City with the required certificates of inspection, or approval. City will pay the cost of initial testing and Contractor shall pay all costs in connection with any follow-up or additional testing. Contractor shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.

E. If Contractor covers any Work, or the work of others, prior to any required inspection, test or approval without written approval of City, Contractor shall uncover the Work at City’s request.

Contractor shall bear the expense of uncovering Work and replacing Work.

F. In any case where Contractor covers Work contrary to City’s request, Contractor shall uncover Work for City’s observation or inspection at City’s request. Contractor shall bear the cost of uncovering Work.

G. Whenever required by City, Contractor shall furnish tools, labor and materials necessary to make examination of Work that may be completed or in progress, even to extent of uncovering or taking down portions of finished Work. Should Work be found unsatisfactory, cost of making examination and of reconstruction shall be borne by Contractor. If Work is found to be satisfactory, City, in manner herein prescribed for paying for alterations, Modifications, and extra Work, except as otherwise herein specified, will pay for examination.

H. Inspection of the Work by or on behalf of City, or City’s failure to do so, shall not under any circumstances be deemed a waiver or approval of any non-conforming aspect of the Work.

Contractor shall have an absolute duty, in the absence of a written Change Order signed by City, to perform Work in conformance with the Contract Documents and to immediately correct Defective Work immediately upon Contractor’s knowledge.

I. Any inspection, evaluation, or test performed by or on behalf of City relating to the Work is solely for the benefit of City, and shall not be relied upon by Contractor. Contractor shall not be relieved of the obligation to perform Work in accordance with the Contract Documents, nor relieved of any guaranty, warranty, or other obligation, as a result of any inspections, evaluations, or tests performed by City, whether or not such inspections, evaluations, or tests are permitted or required under the Contract Documents. Contractor shall be solely responsible for testing and inspecting Work already performed to determine whether such Work is in proper condition to receive later Work.

9.03 Correction of Defective Work
A. If Contractor fails to supply sufficient skilled workers, suitable materials or equipment, or to furnish or perform the Work in such a way that the completed Work will conform to Contract Documents, City may order Contractor to replace any such Defective Work, or stop any portion of Work to permit City (at Contractor’s expense) to replace such Defective Work. These City NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
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rights are entirely discretionary on the part of City and shall not give rise to any duty on the part of City to exercise the rights for the benefit of Contractor or any other party.

B. City may direct Contractor to correct any Defective Work or remove it from the Site and replace it with Work that is not Defective and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting from the correction or removal. Contractor shall be responsible for any and all claims, costs, losses and damages caused by or resulting from such correction or removal. A Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and the Contract Sum. If the parties are unable to agree to the amount of an appropriate decrease in the Contract Sum, City may decide the proper amount or, in its discretion may elect to leave the Contract Sum unchanged and deduct from monies due Contractor, all such claims, costs, losses and damages caused by or resulting from the correction or removal. If Contractor disagrees with City’s calculations, it may make a claim as provided in Document 00 52 00 – Construction Agreement. City’s rights under this Paragraph shall be in addition to any other rights it may have under the Contract Documents or by law.

9.04 Acceptance and Correction of Defective Work by City A. City may in its sole discretion elect to accept Defective Work. Contractor shall pay all claims, costs, losses and damages attributable to City’s evaluation of and determination to accept such Defective Work. If City accepts any Defective Work prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work and the Contract Sum. If the parties are unable to agree to the amount of an appropriate decrease in the Contract Sum, City may deduct from monies due Contractor, all claims, costs, losses, damages, expenses and liabilities attributable to the Defective Work. If Contractor disagrees with City’s calculations, Contractor may make a claim as provided in Document 00 52 00 – Construction Agreement. If City accepts any Defective Work after final payment, Contractor shall pay to City, an appropriate amount as determined by City.

B. City may correct and remedy deficiency if, after five (5) calendar days written notice to Contractor, Contractor fails to correct Defective Work or to remove and replace rejected Work; or provide a plan for correction of Defective Work acceptable to City; or perform Work in accordance with Contract Documents. In connection with such corrective and remedial action, City may exclude Contractor from all or part of the Site; take possession of all or part of Work and suspend Contractor’s Work related thereto; take possession of all or part of Contractor’s tools, appliances, construction equipment and machinery at the Site; and incorporate in Work any materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, its representatives, agents, employees, and other contractors and Project or Construction Manager/Architect’s consultants’ access to the Site to enable City to exercise the rights and remedies under this Paragraph. Contractor shall be responsible for all claims, costs, losses, damages, expenses and liabilities incurred or sustained by City in exercising such rights and remedies. A Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to Work and the Contract Sum. If the parties are unable to agree to the amount of an appropriate decrease in the Contract Sum, City may deduct from moneys due Contractor, all claims, costs, losses and damages caused by or resulting from the correction or removal. If Contractor disagrees with City’s calculations, Contractor may make a claim as provided in Document 00 52 00 – Construction Agreement.

9.05 Rights Upon Inspection, Correction or Acceptance
A. Contractor shall not be allowed an extension of Contract Time because of any delay in the performance of Work attributable to the exercise by City of its rights and remedies under this Article. Where City exercises its rights under this Article, it retains and may still exercise all other rights it has by law or under the Contract Documents including, but not limited to, the right NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
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to terminate Contractor’s right to proceed with the Work under the Contract Documents for cause and/or make a claim or back charge where a Change Order cannot be agreed upon.

B. Inspection by City or its authorized agents or representatives shall not relieve Contractor of its obligation to have furnished material and workmanship in accordance with Contract Documents. Payment for Work completed through periodic progress payments, final payment or otherwise shall not operate to waive City’s right to require full compliance with Contract Documents and shall in no way be deemed as acceptance of any defective Work paid therefor.

Contractor’s obligation to complete the Work in accordance with Contract Documents shall be absolute, unless City agrees otherwise in writing.

9.06 Proof of Compliance of Contract Provisions
A. In order that City may determine whether Contractor has complied or is complying with requirements of Contract Documents not readily enforceable through inspection and tests of Work and materials, Contractor shall at any time, when requested, submit to City properly authenticated documents or other satisfactory proofs of compliance with all applicable requirements.

B. Before commencing any portion of Work, Contractor shall inform City in writing as to time and place at which Contractor wishes to commence Work, and nature of Work to be done, in order that proper provision for inspection of Work may occur, and to assure measurements necessary for record and payment. Information shall be given to City a reasonable time in advance of time at which Contractor proposes to begin Work, so that City may complete necessary preliminary work without inconvenience or delay to Contractor.

9.07 Correction Period and Project Warranty Period
A. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws, regulations or by the terms of Contract Documents or any extended warranty or guaranty, any Work (completed or incomplete) is found to be Defective, Contractor shall promptly without cost to City and in accordance with City’s written instructions, correct such Defective Work. Contractor shall remove any Defective Work rejected by City and replace it with Work that is not Defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the Defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law.

B. In special circumstances where a part of the Work is occupied or a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that part of Work or that item may start to run from an earlier date if so provided by Change Order.

C. Where Defective Work or rejected Work (and damage to other Work resulting therefrom) has been corrected, removed, or replaced under this provision after the commencement of the correction period, the correction period hereunder with respect to such Work shall be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

9.08 No Waiver
A. Neither recordation of Final Acceptance nor final certificate for payment nor provision of the Contract nor partial or entire use or occupancy of premises by City shall constitute acceptance of Work not done in accordance with Contract Documents nor relieve Contractor of liability in respect to express warranties or responsibility for faulty materials or workmanship.

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B. If, after installation, operation, or use of materials or equipment to be provided under Contract proves to be unsatisfactory to City, City shall have right to operate and use materials or equipment until said materials and equipment can, without damage to City, be taken out of service for correction or replacement. Period of use of Defective materials or equipment pending correction or replacement shall in no way decrease guarantee period required for acceptable corrected or replaced items of materials or equipment.

C. Nothing in the Contract Documents shall be construed to limit, relieve, or release Contractor’s, Subcontractors’, and equipment suppliers’ liability to City for damages sustained as result of latent defects in materials or equipment caused by negligence of Contractor, its agents, suppliers, employees, or Subcontractors
ARTICLE 10 – MODIFICATIONS OF CONTRACT DOCUMENTS

10.01 City’s Right to Direct Changed Work
A. City may, without notice to the sureties and without invalidating the Contract, make changes in the Work (“Changed Work”), including without limitation: alterations, deviations, additions to, or deletions from Contract Documents; increase or decrease the quantity of any item or portion of the Work; expand, reduce or otherwise change the Contract Time; delete any item or portion of the Work; and require extra Work. Contractor shall perform such Work under applicable provisions of the Contract Documents, unless specifically provided otherwise at the time the change is ordered. In the case of any ordered extra Work, City reserves the right to furnish all or portions of associated labor, material, and equipment, which Contractor shall accept and use without payment for costs, markup, profit, or otherwise for such City-furnished labor, materials, and equipment.

B. If Changed Work is of such a nature as to increase or decrease the time or cost of any part of Work, price fixed in Contract shall be increased or decreased by amount as the Contractor and City may agree upon as reasonable and proper allowance for increase or decrease in cost of Work using the cost guidelines set forth in this Article, and absent such agreement, then as City may direct (with Contractor retaining its rights under Article 12 herein).

10.02 Required Documentation for Changed Work
A. Changes affecting the Contract Time or Contract Sum of the Work shall be set forth in a written Change Order that shall specify:

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

2. The amount of the adjustment of the Contract Sum, if any, and the basis for compensation for the Work ordered; and

3. The extent of the adjustment in the Contract Time, if any.

B. A Change Order will become effective when signed by City, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided City indicates same thereon (by indicating it as a “unilateral change order”).

C. All changes in any plans and specifications approved by any authority with jurisdiction may also require addenda or change orders approved by that authority.

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

10.03 Procedures and Pricing of Changed Work
A. Procedures for changed work and pricing of changed work, claims and all forms of extra compensation, are set forth in Section 01 26 00 – Contract Modification Procedures. Regarding delays and impact costs of any nature, Contractor may not see delay compensation for on-Site or off-Site costs based on formulas, e.g., “Eichleay” or other formula. Rather, Contractor shall prove actual costs resulting from such delays.

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ARTICLE 11 – TIME ALLOWANCES

11.01 Time Allowances
A. The Contract Time may only be changed by Change Order or by Contract Modification, and all time limits stated in the Contract Documents are to mean that time is of the essence.

11.02 Excusable Delay and Inexcusable Delay Defined
A. Excusable Delay. Subject to the provisions on Notice of Delay below, Contract Time may be adjusted in an amount equal to the time lost due to:

1. Changes in the Work ordered by City (“Changes”);

2. Acts or neglect by City, Architect, Engineer, any City Representative, utility owners or other contractors performing other work, not permitted or provided for in the Contract Documents, provided that Contractor has performed its responsibilities under the Contract Documents (including but not limited to pre-bid investigations) (“Acts or Neglect”); or

3. Fires, floods, epidemics, abnormal weather conditions beyond the parameters otherwise set forth in this Article, earthquakes, civil or labor disturbances, or acts of God (together, “force majeure events”), provided damages resulting therefrom are not the result of Contractor’s failure to protect the Work as required by Contract Documents (“Force Majeure”).

B. Inexcusable Delay. Contract Time shall not be extended for any period of time where Contractor (and/or any Subcontractor) is delayed or prevented from completing any part of the Work due to a cause that is within Contractor’s risk or responsibility under the Contract Documents. Delays attributable to or within the control of a Subcontractor, or its subcontractors, or supplier, are deemed delays within the control of Contractor.

C. Float. Float shall be treated as a Project resource. Contractor shall not be entitled to a time extension for impacts that consume float, but do not impact the critical path.

11.03 Notice of Delay
A. Within seven (7) calendar days of the beginning of any delay (excepting adverse weather delays), Contractor shall notify City in writing, by submitting a notice of delay that shall describe the anticipated delays resulting from the delay event in question. If Contractor requests an extension of time, Contractor shall submit a Time Impact Analysis (TIA) within ten calendar days of the notice of delay. City will determine all claims and adjustments in the Contract Time.

No claim for an adjustment in the Contract Time will be valid and such claim will be waived if not submitted in accordance with the requirements of this subparagraph.

11.04 Compensable Time Extensions
A. Subject to other applicable provisions of the Contract Documents, Contractor may be entitled to adjustment in Contract Sum in addition to Contract Time for:

1. Excusable delay caused solely by Changes in the Work ordered by City, as provided above, and/or

2. Excusable delay caused solely by Acts or Neglect by City or other person, as provided above.

11.05 Non-Compensable Time Extensions
A. Subject to other applicable provisions of the Contract Documents, Contractor may be entitled to adjustment in Contract Time only, without adjustment in Contract Sum, for

1. Periods of excusable delay caused solely by weather or Force Majeure events as provided above in this Article, or
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2. Periods of concurrent delay, where delay results from two or more causes, one of which is compensable (resulting from Changes or Acts or Neglect as set forth above in this Article), and the other of which is non-compensable or unexcusable, such as: acts or neglect of Contractor, Subcontractors or others for whom Contractor is responsible; other acts, omissions and conditions which would not entitle Contractor to adjustment in Contract Time; adverse weather; and/or actions of Force Majeure as provided above in this Article.

11.06 Adverse Weather Delays
A. Delays due to abnormal or adverse weather conditions will not be allowed for weather conditions that fall within the parameters listed or referenced in this paragraph. Adverse weather delays may be allowed only if the number of workdays of adverse weather exceeds these parameters on a monthly basis and Contractor proves that adverse weather actually caused delays. Contractor shall give written notice of intent to claim an adverse weather day within one Day of the adverse weather day occurring. Delay due to Adverse Weather conditions will be permitted only if the number of days of Adverse Weather exceeds the following:

January, [8]; February, [7]; March, [6], April, [3], May, [1]; June, [0]; July, [0]; August, [0]; September, [0]; October, [2]; November, [4]; and December, [7].

In order to qualify as an adverse weather delay with respect to the foregoing parameters, (i.) daily rainfall must exceed .1 inch, and/or (ii.) daily snowfall must exceed 1.0 inch or more, at the National Oceanic & Atmospheric Administration (NOAA) station located closest to the Project site, as measured and reported by NOAA. Notwithstanding these allowances, Contractor shall at all times employ all available mitigation measures to enable Work to continue. Contractor shall take reasonable steps to mitigate potential weather delays, such as dewatering the Site, and covering Work and material that could be affected adversely by weather. Failure to do so shall be cause for City to not grant a time extension due to adverse weather, where Contractor could have avoided or mitigated the potential delay by exercising reasonable care.

B. Contractor shall include the foregoing precipitation parameters as a monthly activity in its progress schedule. As Work on the critical path is affected by precipitation, Contractor shall notify City and request that the days be moved to the affected activities. Any adverse weather days remaining shall be considered Project float available to either City or Contractor.

C. Adverse weather delay for precipitation shall be recognized for the actual period of time Contractor proves it was delayed by precipitation exceeding the specified parameters. For example, and not by way of limitation, if precipitation exceeding the specified parameters does not in fact delay Contractor’s progress on the critical path, then no time extension shall be recognized; and conversely, if Contractor proves to City’s satisfaction that precipitation exceeding the specified parameters causes delay to Contractor for a period longer than the number of precipitation days incurred (e.g., if it rains or snows during grading work), then Contractor shall be entitled to a time extension equal to the actual period of such delay.

D. During unfavorable weather, wet ground, or other unsuitable construction conditions, Contractor shall employ best practices to protect the Work, manage the construction site and rainwater during inclement weather. Persons performing the Work shall examine surfaces to receive their Work and shall report in writing to Contractor, with copy to City representative and the Architect conditions detrimental to the Work. Failure to examine and report discrepancies makes the Contractor responsible, at no increase in Contract Sum, for corrections City may require.

Commencement of Work constitutes acceptance of surface.

11.07 Liquidated Damages
A. Time is of the essence. Execution of Contract Documents by Contractor shall constitute acknowledgement by Contractor that Contractor understands, has ascertained and agrees that City will actually sustain damages in the amount fixed in the Contract Documents for each and every Day during which completion of Work required is delayed beyond expiration of time fixed for completion plus extensions of time allowed pursuant to provisions hereof. Contractor and NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 20
City agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by City, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.

B. Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. City may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then-accrued liquidated damages.

ARTICLE 12 – UNDERGROUND CONDITIONS

12.01 Contractor to Locate Underground Facilities
A. Before commencing work of digging trenches or excavation, Contractor shall review all information available regarding subsurface conditions, including but not limited to information supplied for bidding purposes, and subject to the terms and conditions of these documents.

Contractor shall comply with Government Code Sections 4216 to 4216.9, and in particular Section 4216.2 which provides, in part:
“Except in an emergency, an excavator planning to conduct any excavation shall contact the appropriate regional notification center of the excavator’s intent to excavate at least two working days, but no more than 14 calendar days, before beginning that excavation; if the excavation will be conducted in an area which is known, or reasonably should be known, to contain a subsurface installation other than the underground facilities owned or operated by the excavator, and, if practical, the excavator shall delineate the area to be excavated with white paint or other suitable markings at the planned excavation location that can be clearly seen, functional, and considerate to surface aesthetics and local community. The regional notification center shall provide a ticket to the person who contacts the center and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation.

When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation prior to the legal excavation start date and time, as such date and time are authorized pursuant to paragraph (1) of subdivision (a) of Section 4216.2. The excavator and operator or its representative shall conduct an onsite meeting at a mutually agreed on time to determine actions or activities required to verify the location of the high priority subsurface installations prior to start time.” B. Contractor shall contact Underground Service Alert (USA) and schedule the Work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities. Contractor is charged with knowledge of all subsurface conditions reflected in USA records. Prior to commencing excavation or trenching work, Contractor shall provide City with copies of all USA records secured by Contractor. Contractor shall advise City of any conflict between information provided for bidding purposes, the Drawings and specifications, and that provided by USA records. Contractor’s excavation shall be subject to and comply with the Contract Documents.

C. Contractor shall also investigate the existence of existing service laterals, appurtenances or other types of utilities, indicated by the presence of an underground transmission main or other visible facilities, such as buildings, new asphalt, meters and junction boxes, on or adjacent to the Site, even if not shown in information provided for bidding purposes, the Drawings and NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 21
specifications, and that provided by USA records. Contractor shall immediately secure all such available information and notify City and the utility owner, in writing, of its discovery.

12.02 Contractor to Protect Underground Facilities
A. At all times during construction, all operating Underground Facilities shall remain in operation, unless the Contract Documents expressly indicate otherwise. Contractor shall maintain such Underground Facilities in service where appropriate; shall repair any damage to them caused by the Work; and shall incorporate them into the Work, including reasonable adjustments to the design location (including minor relocations) of the existing or new installations. Contractor shall take immediate action to restore any in service installations damaged by Contractor’s operations.

B. Prior to performing Work at the Site, Contractor shall lay out the locations of Underground Facilities that are to remain in service and other significant known underground installations indicated by the Underground Facilities Data. Contractor shall further locate, by carefully excavating with small equipment, potholing and principally by hand, all such utilities or installations that are to remain and that are subject to damage. If additional utilities whose locations are unknown are discovered, Contractor shall immediately report to City for disposition of the same. Additional compensation or extension of time on account of utilities not shown or otherwise brought to Contractor’s attention, including reasonable action taken to protect or repair damage, shall be determined as provided in this Document 00 72 00.

C. If during construction, an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated in the materials supplied by City for bidding or in information on file at USA or otherwise reasonably available to Contractor, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby (and in no event later than seven calendar days), and prior to performing any Work in connection therewith (except in an emergency), identify the owner of such Underground Facility and give written notice to that owner and to City. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

D. The cost of all of the following will be included in the Contract Sum and Contractor shall have full responsibility for (a) reviewing and checking all available information and data including, but not limited to, information made available for bidding and information on file at USA; (b) locating all Underground Facilities shown or indicated in the Contract Documents, available information, or indicated by visual observation including, but not limited to, and by way of example only, engaging qualified locating services and all necessary backhoeing and potholing; (c) coordination of the Work with the owners of such Underground Facilities during construction; and (d) the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work.

12.03 Concealed or Unknown Conditions
A. If either of the following conditions is encountered at Site when digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall give a written Notice of Differing Site Conditions to City promptly before conditions are disturbed, except in an emergency as set forth in this Document 00 72 00, and in no event later than seven calendar days after first observance of:

1. Subsurface or Latent physical conditions which differ materially from those indicated in the Contract Documents; or

2. Unknown physical conditions of an unusual nature or which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

B. In response to Contractor’s Notice of Differing Site Conditions under this Paragraph, City will investigate the identified conditions, and if they differ materially and cause increase or decrease in Contractor’s cost of, or time required for, performance of any part of the Work, City will NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 22
negotiate the appropriate change order following the procedures set forth in the Contract Documents. If City determines that physical conditions at the Site are not Latent or are not materially different from those indicated in Contract Documents or that no change in terms of the Contract Documents is justified, City will so notify Contractor in writing, stating reasons.

C. Contractor shall not be entitled to any adjustment in the Contract Sum or Contract Time regarding claimed Latent or materially different Site conditions (whether above or below grade) if Contractor knew or should have known of the existence of such conditions at the time Contractor submitted its Bid, failed to give proper notice, or relied upon information, conclusions, opinions or deductions of the kind that the Contract Documents preclude reliance upon.

D. Regarding Underground Facilities, Contractor shall be allowed an increase in the Contract Sum or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that is owned and was built by City only where the Underground Facility:

1. Was not shown or indicated in the Contract Documents or in the information supplied for bidding purposes or in information on file at USA; and

2. Contractor did not know of it; and

3. Contractor could not reasonably have been expected to be aware of it or to have anticipated it from the information available. (For example, if surface conditions such as pavement repairs, valve covers, or other markings, indicate the presence of an Underground Facility, then an increase in the Contract Sum or an extension of the Contract Time will not be due, even if the Underground Facility was not indicated in the Contract Documents, in the information supplied to Contractor for bidding purposes, in information on file at USA, or otherwise reasonably available to Contractor.) E. Contractor shall bear the risk that Underground Facilities not owned or built by City may differ in nature or locations shown in information made available by City for bidding purposes, in information on file at USA, or otherwise reasonably available to Contractor. Underground Facilities are inherent in construction involving digging of trenches or other excavations of City’s Project, and Contractor is to apply its skill and industry to verify the information available.

F. Contractor’s compensation for claimed Latent or materially different Site conditions shall be limited to the actual, reasonable, incremental increase in cost of that portion of the Work, resulting from the claimed Latent or materially different Site conditions. Such calculation shall take into account the estimated value of that portion of the Work and the actual value of that portion of the Work, using for guidance Contractor’s or its subcontractor’s bid amount and actual amounts incurred for that portion of the Work and the reasonable expectation (if any) of differing or difficult site conditions in the Work area based on the available records and locale of the Work. For example, if Contractor excavates in an area unexpected, then such costs would be recoverable entirely; while if Contractor extends an existing excavation, then such costs would be recoverable if the resulting excavation costs in that work area exceeded the reasonable expectations therefore.

12.04 Notice of Hazardous Waste or Materials Conditions A. Contractor shall give a written Notice of Hazardous Materials Condition to City promptly, before any of the following conditions are disturbed (except in an emergency as set forth in this Document 00 72 00, and in no event later than 24 hours after first observance of any:

1. Material that Contractor believes may be hazardous waste or hazardous material, as defined in Section 25117 of the Health and Safety Code (including, without limitation, asbestos, lead, PCBs, petroleum and related hydrocarbons, and radioactive material) that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law (“hazardous material”); or

2. Other material that may present an imminent substantial danger to persons or property NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 23
exposed thereto in connection with Work at the Site (“other materials”).

B. Except as otherwise provided in the Contract Documents or as provided by applicable law, Contractor shall not be required to give any notice for the disturbance or observation of any such hazardous materials or other materials where such matter is disturbed or observed as part of the scope of Work under the Contract Documents (such as hazardous waste or hazardous material investigation, remediation or disposal activities which are identified as the subject of Work under the Contract Documents), where Contractor complies with all requirements in the Contract Documents and applicable law respecting such materials.

C. Contractor’s Notice of Hazardous Materials Condition shall indicate whether the hazardous materials or other materials were shown or indicated in the Contract Documents to be within the scope of Work, and whether the hazardous materials or other materials were brought to the Site by Contractor, its Subcontractors, suppliers, or anyone else for whom Contractor is responsible.

D. Contractor shall not be entitled to any adjustment in the Contract Sum or Contract Time regarding claimed hazardous waste or materials if:

1. Contractor knew of the existence of such hazardous materials or other materials at the time Contractor submitted its Bid; or

2. Contractor should have known of the existence of such hazardous material or other materials as a result of its having the responsibility to obtain additional or supplementary examinations, investigation, explorations, tests, studies, and data concerning the conditions at or contiguous to the Site prior to submitting its Bid; or

3. Contractor failed to give the written notice within the required timeframe set forth below.

E. If City determines that conditions involve hazardous materials or other materials and that a change in Contract Document terms is justified, City will issue either a Request for Proposal or Construction Change Order under the procedures described in the Contract Documents. If City determines that conditions do not involve hazardous materials or other materials or that no change in Contract Document terms is justified, City will notify Contractor in writing, stating the reasons for its determination.

F. In addition to the parties’ other rights under this Document 00 72 00, if Contractor does not agree to resume Work based on a reasonable belief that it is unsafe, or does not agree to resume Work under special conditions, City may order the disputed portion of Work deleted from the Work, or performed by others, or City may invoke its right to terminate Contractor’s right to proceed under the Contract Documents in whole or in part, for convenience or for cause as the facts may warrant.

G. If Contractor does not agree with any City determination of any adjustment in the Contract Sum or Contract Time under this Article, Contractor may make a claim as provided in Document 00 52 00.

ARTICLE 13 – MISCELLANEOUS

13.01 Permits and Taxes
A. Contractor shall procure all permits and licenses applicable to the Work (including environmental matters to the extent applicable); pay all charges and fees, including fees for street opening permits; comply with, implement and acknowledge effectiveness of all permits; initiate and cooperate in securing all required notifications or approvals therefore; and give all notices necessary and incident to due and lawful prosecution of Work, unless otherwise provided herein. City will pay applicable building permits, new PG&E and water service fees for the completed construction, except as otherwise provided in the Contract Documents.

Contractor shall pay all sales and/or use taxes levied on materials, supplies, or equipment purchased and used on or incorporated into Work, and all other taxes properly assessed NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 24
against equipment or other property used in connection with Work, without any increase in the Contract Sum. Contractor shall make necessary arrangements with proper authorities having jurisdiction over roads, streets, pipelines, navigable waterways, railroads, and other works in advance of operations, even where City may have already obtained permits for the Work.

13.02 Communications and Information Distribution
A. All communications recognized under the Contract Documents shall be in writing, in the form of a serialized document, by type of communication. For example, RFI’s shall be serialized beginning with RFI No. 1; payment applications shall be serialized beginning with Payment Application No. 1, submittals shall be serialized per specification section and transmitted with transmittal sheets beginning with Transmittal No. 1; and correspondence shall be serialized beginning with letter No. 1. Contractor may propose other record management and identification systems or protocols, intended to facilitate orderly transmittal of project information, storage and retrieval of such information, which City will review consistent with these stated objectives, and accept or reject in its sole discretion.

B. Documents Requiring Signatures. All documents requiring signatures for approval prior to implementing action, as stipulated in other portions of Contract Documents, shall require a manually signed, serialized letter delivered to the other party at its address for notice otherwise specified in the Contract Documents, either personally or by mail.

C. Electronic data transfer of such correspondence will serve to expedite preliminary concurrence of information, only. Receipt of signature on forms is required prior to implementing action or work as the conditions may require. For example, change orders and authorizations for extra cost, require signatures. A party may acknowledge receipt of PDF copies of required correspondence by e-mail, but in the absence of such acknowledgment, mail or personal delivery is required.

D. All emails shall be copied to City’s and Contractor’s Project Representative. City reserves the right to preclude e-mail communication, in whole or in part, as Project needs may require.

Communication between City and Contractor shall not be via social media, or other types of instant text message systems. Any such communications shall be inadmissible for any purpose related to this Contract.

ARTICLE 14 – WORKING CONDITIONS AND PREVAILING WAGES

14.01 Use of Site/Sanitary Rules
A. All portions of the Work shall be maintained at all times in neat, clean and sanitary condition.

Contractor shall furnish toilets for use of Contractor’s and Subcontractors’ employees on the Site where needed, and their use shall be strictly enforced. All toilets shall be properly secluded from public observation, and shall be located, constructed and maintained subject to City’s approval.

B. Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Site and land areas identified in and permitted by Contract Documents and other land and areas permitted by applicable laws and regulations, rights of way, permits and easements or as designated by City, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or, any improvement located thereon, or to City or occupant thereof resulting from the performance of Work.

C. During the progress of the Work, Contractor shall keep the Site and the Project free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, Contractor shall clean the site, remove all waste materials, rubbish and debris from and about the Site as well as all tools, appliances, construction equipment and machinery and surplus materials. Contractor shall leave the premises clean and ready for NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 25
occupancy by City at Substantial Completion of Work. Contractor shall restore to original condition all property not designated for alteration by Contract Documents.

D. Contractor shall not load nor permit any part of any structure or pavement to be loaded in any manner that will endanger the structure or pavement, nor shall Contractor subject any part of Work or adjacent property to stresses or pressures that will endanger it. Contractor shall conduct all necessary existing conditions investigation regarding structural, mechanical, electrical or any other system existing, shall perform Work consistent with such existing conditions, and shall have full responsibility for insufficiencies or damage resulting from insufficiencies of existing systems, equipment or structures to accommodate performing the Work.

14.02 Protection of Work, Persons, and Property
A. Contractor shall be responsible for initiating, maintaining and supervising all safety and site security precautions and programs in connection with Work, and shall develop and implement a site security and safety plan throughout construction. Contractor shall comply with all safety requirements specified in any safety program established by City, or required by state, federal or local laws and ordinances. Contractor shall be responsible for all theft or damage to Work, property or structures, and all injuries to persons, either on the Site or constituting the Work (e.g., materials in transit), arising from the performance of Work of the Contract Documents from a cause.

B. Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property.

C. Contractor shall remedy all damage, injury or loss to any property referred to above in this Article, caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, supplier, or any other person or organization directly or indirectly employed by any of them to perform or furnish any Work or anyone for whose acts any of them may be liable. Contractor’s duties and responsibility for safety and for protection of Work shall continue until such time as all the Work is completed and Final Acceptance of the Work. City and its agents do not assume any responsibility for collecting any indemnity from any person or persons causing damage to Contractor’s Work.

D. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents, maintaining and supervising safety precautions and programs.

E. City may, at its option, retain such moneys due under the Contract Documents as City deems necessary until any and all suits or claims against Contractor for injury to persons or property shall be settled and City receives satisfactory evidence to that effect.

F. Work within the right-of-way lines of the city and/or City and/or State shall be done in accordance with the standards and specifications of the controlling agency. Permit for such work shall be obtained and paid for by the Contractor before executing the work within such right-of-ways.

14.03 Responsibility for Safety and Health
A. Contractor shall ensure that its and each tier of Subcontractors’ employees, agents and invitees comply with applicable health and safety laws while at the Site. These laws include the Occupational Safety and Health Act of 1970 and rules and regulations issued pursuant thereto, and City’s safety regulations as amended from time to time. Contractor shall comply with all City directions regarding protective clothing and gear.

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 26
B. Contractor shall be fully responsible for the safety of its and its Subcontractors’ employees, agents and invitees on the Site. Contractor shall notify City, in writing, of the existence of hazardous conditions, property or equipment at the Site that are not under Contractor’s control.

Contractor shall be responsible for taking all the necessary precautions against injury to persons or damage to the property of Contractor, Subcontractors or persons from recognized hazards until the responsible party corrects the hazard.

C. Contractor shall confine all persons acting on its or its Subcontractors’ behalf to that portion of the Site where Work under the Contract Documents is to be performed, City-designated routes for ingress and egress thereto, and any other City-designated area. Except those routes for ingress and egress over which Contractor has no right of control, within such areas, Contractor shall provide safe means of access to all places at which persons may at any time have occasion to be present.

14.04 Emergencies
A. In emergencies affecting the safety or protection of persons or Work or property at the Site or adjacent thereto, Contractor, without special instruction or authorization from City, is obligated to act to prevent threat and damage, injury or loss, until directed otherwise by City. Contractor shall give City prompt written notice if Contractor believes that any significant changes in Work or variations from Contract Documents have been caused thereby. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order will be issued to document the consequences of such action.

14.05 Use of Roadways and Walkways
A. Contractor shall not unnecessarily interfere with use of any roadway, walkway or other facility for vehicular or pedestrian traffic. Before beginning any interference and only with City’s prior concurrence, Contractor may provide detour or temporary bridge for traffic to pass around or over the interference, which Contractor shall maintain in satisfactory condition as long as interference continues. Unless otherwise provided in the Contract Documents, Contractor shall bear the cost of these temporary facilities.

14.06 Environmental Controls
A. Contractor shall comply with all rules, regulations, ordinances, and statutes that apply to any Work performed under the Contract Documents including, without limitation, any toxic, water, stormwater management and soil pollution controls and air pollution controls specified in California Government Code §11017. Contractor shall be responsible for insuring that Contractor’s Employees, Subcontractors, and the public are protected from exposure to airborne hazards or contaminated water, soil, or other toxic materials used during or generated by activities on the Site or associated with the Project.

14.07 Shoring Safety Plan
A. Any conflict between this Paragraph and Division 2 of the Specifications shall be resolved in favor of the most stringent requirement.

B. At least five (5) calendar days in advance of any excavation five feet or more in depth, Contractor shall submit to City a detailed plan showing the shoring, bracing and sloping design (including calculations) and other provisions to be made for worker protection from the hazard of caving ground during the excavation, as required by California Labor Code §6705. A civil or structural engineer registered in California shall prepare and sign any plan that varies from the shoring system standards established by the State Construction Safety Orders.

C. During the course of Work, Contractor shall be responsible for determining where sloping, shoring, and/or bracing is necessary and the adequacy of the design, installation, and NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
GENERAL CONDITIONS 00 72 00 - 27
maintenance of all shoring and bracing for all excavation, including any excavation less than five feet in depth. Contractor will be solely responsible for any damage or injuries that may result from excavating or trenching. City’s acceptance of any drawings showing the shoring or bracing design or Work schedule shall not relieve Contractor of its responsibilities under this Paragraph.

D. Appoint a qualified supervisory employee who shall be responsible to determine the sloping or shoring system to be used depending on local soil type, water table, stratification, depth, etc.

END OF DOCUMENT
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond

PRICE AND PAYMENT
PROCEDURES 01 20 00 - 1
SECTION 01 20 00

PRICE AND PAYMENT PROCEDURES
PART 1 – GENERAL

1.01 SUMMARY
A. Section includes description of requirements and procedures for determining amount of Work performed and for obtaining payment for Work performed.

1.02 REFERENCES
A. California Public Contract Code
B. Code of Civil Procedures
C. Government Code

1.03 COMPOSITION AND SCOPE OF CONTRACT SUM
A. Scope of Contract Sum

1. The Contract Sum for performance of the Work under Contract Documents, or under any Bid item, allowance, or Alternate, shall include full compensation for all Work required under the Contract Documents, including without limitation, all labor, materials, taxes, transport, handling, storage, supervision, administration, and all other items necessary for the satisfactory completion of the Work, whether or not expressly specified or indicated, incidental work and unexpected expenses, and all terms, conditions, requirements and limitations set forth in the Contract Documents.

2. Contract Sum may be expressed as lump sum, unit price, GMP, allowance, or combination thereof.

B. Unit Price items

1. Quantity of Work to be paid for under any item for which a unit price is fixed in Contract Documents shall be determined by City based on, so far as practicable, actual number of units satisfactorily completed, as determined by City and certified by Contractor, within prescribed or ordered limits, and no payment will be made for Work unsatisfactorily performed or done outside of limits.

2. Unit Prices shall apply to Work covered by unit prices so long as actual quantities performed on the Project are not less than 75 percent or greater than 125 percent of the estimated quantities bid or otherwise stated in the Contract Documents. If actual quantities exceed these parameters, then the unit price shall be adjusted by an amount to reflect the Contractor’s incremental cost differential resulting from increased or decreased economies of scale.

C. Lump Sum Items

1. When estimated quantity for specific portion of Work is not indicated and/or Work is designated as lump sum, payment will be on a lump sum basis for Work satisfactorily completed in accordance with Contract Documents.

2. Payment for lump sum Work, or items of Work subject to a lump sum (e.g. without limitation, change order work), shall be made on the basis of satisfactory completion of such Work or work item, earned in progressive stages in accordance with the Contract NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond

PRICE AND PAYMENT
PROCEDURES 01 20 00 - 2
Documents, up to but not exceeding the Contractor’s percentage completion of the Work or item.

3. Lump sum items shall be paid based upon the approved Schedule of Values, which shall be used to measure progressive payments based upon satisfactory progress towards completion of the item.

D. Allowance Items

1. Allowance Work will be authorized by City in writing, following change order procedures to determine cost, supporting documentation and authorization to proceed. Unused allowance amounts at Contract completion shall reduce the Contract price accordingly.

1.04 PAYMENT PROCEDURES
A. Schedule of Values

1. Within ten calendar days from issuance of Notice of Award and prior to the Contractor’s first Application for Payment, Contractor shall submit a detailed breakdown of its Bid by scheduled Work items and/or activities, including coordination responsibilities and Project Record Documents responsibilities. Where more than one Subcontractor comprises the work of a Work item or activity, the Schedule of Values shall show a separate line item for each subcontract. Contractor shall furnish such breakdown of the total Contract Sum by assigning dollar values (cost estimates) to each applicable Progress Schedule network activity, which cumulative sum equals the total Contract Sum. This breakdown shall be referred to as the Schedule of Values.

2. Contractor’s overhead, profit, insurance, cost of bonds (except to the extent expressly identified in a Bid item) and/or other financing, as well as “general conditions costs,” (e.g., Site cleanup and maintenance, temporary roads and access, off-Site access roads, temporary power and lighting, security, and the like), shall be prorated through all activities so that the sum of all the Schedule of Values line items equals Contractor’s total Contract Sum, less any allowances designated by City. Scheduling, record documents and quality assurance control shall be separate line items.

3. City will review the breakdown in conjunction with the Progress Schedule to ensure that the dollar amounts of this Schedule of Values are, in fact, reasonable cost allocations for the Work items listed. Upon favorable review by City, City will accept this Schedule of Values for use. City shall be the sole judge of fair market cost allocations.

4. City will reject any attempt to increase the cost of early activities, i.e., “front loading,” resulting in a complete reallocation of moneys until such “front loading” is corrected.

Repeated attempts at “front loading” may result in suspension or termination of the Work for default, or refusal to process progress payments until such time as the Schedule of Values is acceptable to City.

B. Contractor’s Requests for Progress Payments

1. If requested by Contractor, progress payments will be made monthly, under the following conditions:
a. On or before the 25th Day of each month, Contractor shall submit to City one copy of an Application for Payment for the cost of the Work put in place during the period from the last Day of the previous month to the end of the current month, along with one copy of an updated Progress Schedule. Such Applications for Payment shall be for the expected total value of activities completed or partially completed, based upon Schedule of Values prices (or Bid item prices if unit price) of all labor and materials incorporated in the Work up until midnight of the last Day of that one month period, less the aggregate of previous payments. Accumulated retainage shall be shown as separate item in payment summary. City and Contractor will reconcile any differences in the field, based on the reconciled monthly report sheets. If Contractor is late submitting its Application for Payment, that Application may be processed at NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond

PRICE AND PAYMENT
PROCEDURES 01 20 00 - 3
any time during the succeeding one-month period, resulting in processing of Contractor’s Application for Payment being delayed for more than a Day for Day basis.

2. Except as otherwise provided in a labor compliance program applicable to the Work (if any) or as otherwise required by City, concurrently with each Application for Payment, Contractor shall submit to the City the Contractor’s and its Subcontractors’ certified payroll records required to be maintained pursuant to Labor Code Section 1776 for all labor performed during pay periods ending during the period covered by the Application for Payment.

3. No progress payment will be processed prior to City receiving all requested, acceptable schedule update information and certified payrolls, and in City’s sole and absolute discretion, City may deny the entire Application for Payment for noncompliance.

4. Each Application for Payment shall list each Change Order and Construction Change Directive (“CCD”) executed prior to date of submission, including the Change Order/CCD Number, and a description of the Work activities, consistent with the descriptions of original Work activities. Contractor shall submit a monthly Change Order/CCD status log to City.

5. If City requires substantiating data, Contractor shall submit information requested by City, with cover letter identifying Project, Application for Payment number and date, and detailed list of enclosures. Contractor shall submit one copy of substantiating data and cover letter for each copy of Application for Payment submitted.

6. If Contractor fails or refuses to participate in monthly Work reconciliations or other construction progress evaluation with City, Contractor shall not receive current payment until Contractor has participated fully in providing construction progress information and schedule update information to City.

C. City’s Review of Progress Payment Applications

1. City will review Contractor’s Application for Payment following receipt and during the Progress Schedule and Billing Meeting. If adjustments need to be made to percent of completion of each activity, City will make appropriate notations and return to Contractor.

Contractor shall revise and resubmit. All parties shall update percentage of completion values in the same manner, i.e., express value of an accumulated percentage of completion to date.

2. If City determines that portions of the Application for Payment are not proper or not due under the Contract Documents, then City may approve the other portions of the Application for Payment, and in the case of disputed items or Defective Work not remedied, may withhold up to 150 percent of the disputed amount from the progress payment.

3. Pursuant to California Public Contract Code §20104.50, if City fails to make any progress payment within 30 calendar days after receipt of an undisputed and properly submitted Application for Payment from Contractor, City shall pay interest to the Contractor equivalent to the legal rates set forth in subdivision (a) of Section 685.010 of the California Code of Civil Procedure. The 30-Day period shall be reduced by the number of calendar days by which City exceeds the seven-Day return requirement set forth herein.

4. As soon as practicable after approval of each Application for Payment for progress payments, City will pay to Contractor in manner provided by law, an amount equal to 95 percent of the amounts otherwise due as provided in the Contract Documents, or a lesser amount if so provided in Contract Documents and by law, provided that payments may at any time be withheld if, in judgment of City, Work is not proceeding in accordance with Contract, or Contractor is not complying with requirements of Contract, or to comply with stop notices or to offset liquidated damages accruing or expected. In City’s sole discretion, if Contractor has failed to comply with either its Progress Schedule update or NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond

PRICE AND PAYMENT
PROCEDURES 01 20 00 - 4
project record documents requirements, City may retain an additional 5% of any earned amounts until such requirements are satisfied.

5. Before any progress payment or final payment is due or made, Contractor shall submit satisfactory evidence that Contractor is not delinquent in payments to employees, Subcontractors, suppliers, or creditors for labor and materials incorporated into Work.

This specifically includes, without limitation, conditional lien release forms for the current progress payment and unconditional release forms for past progress payments. This also includes copies of certified payroll from contractor and subcontractors for the current payment period.

D. Payment for Material and Equipment Not Yet Incorporated Into the Work

1. No payment shall be made for materials or equipment not yet incorporated into the Work, except as specified elsewhere in the Contract Documents or as may be agreed to by City in its sole discretion. Where Contractor requests payment on the basis of materials and equipment not incorporated in the Work, Contractor must satisfy the following conditions:
a. The materials and/or equipment shall be delivered and suitably stored at the Site or at another local location agreed to in writing, for example, a mutually acceptable bonded and insured warehouse.
b. Full title to the materials and/or equipment shall vest in City at the time of delivery to the Site, warehouse or other storage location. Obtain a negotiable warehouse receipt, endorsed over to City for materials and/or equipment stored in an off-site warehouse. No payment will be made until such endorsed receipts are delivered to City.
c. Stockpiled materials and/or equipment shall be available for City inspection, but City shall have no obligation to inspect them and its inspection or failure to inspect shall not relieve Contractor of any obligations under the Contract Documents. Materials and/or equipment shall be segregated and labeled or tagged to identify these specific Contract Documents.
d. After delivery of materials and/or equipment, if any inherent or acquired defects are discovered, defective materials and/or equipment shall be removed and replaced with suitable materials and/or equipment at Contractor’s expense. e. At Contractor’s expense, insure the materials and/or equipment against theft, fire, flood, vandalism, and malicious mischief, as well as any other coverages required under the Contract Documents.
f. Contractor’s Application for Payment shall be accompanied by a bill of sale, invoice or other documentation warranting that City has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect City interest therein, all of which must be satisfactory to City. This documentation shall include, but not be limited to, conditional releases of mechanics’ liens and stop notices from all those providing materials and equipment as to which the Application for Payment relates, as well as unconditional releases of the same from the same as to the previous Application for Payment for which they have not already been provided.

Amounts previously paid for materials and equipment prior to incorporation into the Work shall be deducted from amounts otherwise due Contractor as they are incorporated.

1.05 FINAL PAYMENT
A. Final Payment

1. As soon as practicable after all required Work is completed in accordance with Contract Documents, including punchlist, testing, record documents and Contractor maintenance after Final Acceptance, Contractor shall submit its Application for Final Payment.

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond

PRICE AND PAYMENT
PROCEDURES 01 20 00 - 5

2. Provided Contractor has met all conditions required for Final payment, City will pay to Contractor, in manner provided by law, unpaid balance of Contract Sum of Work (including, without limitation, retentions), or whole Contract Sum of Work if no progress payment has been made, determined in accordance with terms of Contract Documents, less sums as may be lawfully retained under any provisions of Contract Documents or by law.

B. Final Accounting

1. Prior progress payments and change orders shall be subject to audit and correction in the final payment.

PART 2 PRODUCTS – NOT USED
PART 3 EXECUTION – NOT USED

END OF SECTION
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
CONTRACT MODIFICATION PROCEDURES 01 26 00 - 1
SECTION 01 26 00

CONTRACT MODIFICATION PROCEDURES
PART 1 – GENERAL

1.01 SUMMARY
A. Section includes administrative and procedural requirements for modifications to the Contract Documents.

1.02 RELATED DOCUMENTS AND PROVISIONS
A. Contractor shall review all Contract Documents for applicable provisions related to the provisions in this document, including but not limited to:

Document 00 52 00 – Construction Agreement
Document 00 72 00 – General Conditions
Document 01 32 16 – Construction Progress Schedule – Not Applicable

1.03 CHANGE ORDERS
A. A Change Order is a written instrument prepared and issued by the City and/or the Architect and signed by the City (as authorized by the City's governing board), the Contractor, the Architect, and approved by the Project Inspector or Construction Manager (if necessary), stating their agreement regarding all of the following:

1. A description of a change in the Work;

2. The amount of the adjustment in the Contract Amount, if any; and

3. The extent of the adjustment in the Contract Time, if any.

B. If the City approves of a Change, the City or the Architect shall provide a written Change Order to the Contractor describing the Change and setting forth the adjustment to the Contract Time and the Contract Amount, if any, on account of that Change. All Change Orders shall be full payment and final settlement of all rights for direct, indirect and consequential costs, including without limitation, costs of delays or impacts related to, or arising out of, items covered and affected by the Change Order, as well as any adjustments to the Contract Time. Any demand or request for an adjustment to the Contract Time or the Contract Amount relating to any Change incorporated into a Change Order not presented by the Contractor for inclusion in the Change Order shall be deemed waived. The Contractor shall execute the Change Order prepared pursuant to the foregoing. After the Change Order has been prepared and forwarded to the Contractor for execution, the Contractor shall not modify or amend the form or content of such Change Order, or any portion thereof.

1.04 UNILATERAL CHANGE ORDERS
A. A Unilateral Change Order is a written order prepared and issued by the City and signed by the City, directing a change in the Work. The City may as provided by law, by Unilateral Change Order and without invalidating the Contract, order changes in the Work consisting of additions, deletions, or other revisions. Any dispute as to the sum of the Unilateral Change Order or timing of payment shall be resolved pursuant to the Payment provisions and the Claims and Disputes provisions in Document 00 52 00 – Construction Agreement.

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
CONTRACT MODIFICATION PROCEDURES 01 26 00 - 2
B. The City may issue a Unilateral Change Order in the absence of agreement on the terms of a Change Order.

1.05 FORCE ACCOUNT DIRECTIVE
A. When work, for which a definite price has not been agreed upon in advance, is to be paid for on a force account basis, all direct costs necessarily incurred and paid by the Contractor for labor, material, and equipment used in the performance of that Work, shall be subject to the approval of the City and compensation will be determined as set forth herein.

B. The City will issue a Force Account Directive to proceed with the Work on a force account basis, and a not-to-exceed budget will be established by City.

C. All requirements regarding direct cost for labor, labor burden, material, equipment, and markups on direct costs for overhead and profit described in this section shall apply to Force Account Directives. However, City will only pay for actual costs verified in the field by the City or its Authorized Representative(s) on a daily basis.

D. Contractor shall be responsible for all costs related to the administration of Force Account Directive. The markup for overheard and profit for Contractor modifications shall be full compensation to the Contractor to administer Force Account Directive.

E. Contractor shall notify City or its Authorized Representative(s) at least twenty-four (24) hours prior to proceeding with any of the force account work. Furthermore, the Contractor shall notify the City when it has consumed eighty percent (80%) of the budget, and shall not exceed the budget unless specifically authorized in writing by the City. Contractor will not be compensated for force account work in the event that Contractor fails to timely notify the City regarding the commencement of force account work, or exceeding the force account budget.

F. Contractor shall diligently proceed with the work, and on a daily basis, submit a daily force account report on a form supplied by the City no later than 5:00 p.m. each day. The report shall contain a detailed itemization of the daily labor, material, and equipment used on the force account work only. The names of the individuals performing the force account work shall be included on the daily force account reports. The type and model of equipment shall be identified and listed. City will review the information contained in the reports, and sign the reports no later than the next work day, and return a copy of the report to Contractor for its records. City will not sign, nor will Contractor receive compensation for work City cannot verify.

Contractor will provide a weekly force account summary indicating the status of each Force Account Directive in terms of percent complete of the not-to-exceed budget and the estimated percent complete of the work.

G. In the event Contractor and City reach a written agreement on a set cost for the work while the work is proceeding based on a Force Account Directive, the Contractor’s signed daily force account reports shall be discontinued and all previously signed reports shall be invalid.

1.06 CONSTRUCTION CHANGE DIRECTIVE
A. The City may, by Construction Change Directive (CCD), order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and contract Time being adjusted accordingly.

1.07 PRICE REQUESTS – CITY INITIATED
A. A Price Request is a written request prepared by the City or the Architect, requesting the Contractor to submit to the City or the Architect an estimate of the effect of a proposed change in the Work on the Contract Amount and the Contract Time.

B. A Price Request shall contain adequate information, including any necessary Drawings and Specifications, to enable Contractor to provide the cost breakdowns required herein.

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
CONTRACT MODIFICATION PROCEDURES 01 26 00 - 3
Contractor shall not be entitled to any additional compensation for preparing a response to a Price Request, whether ultimately accepted or not.

C. Price Requests shall not be considered as instructions to either stop work in progress or to execute the proposed change.

D. Within time specified in the Price Request after receipt of Price Request, Contractor shall submit a quotation estimating cost adjustments to the Contract Price and/or the Contract Time necessary to execute the change, with the following documentation and information:

1. Price Requests shall include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be bade. If requested, Contractor shall furnish survey data to substantiate quantities.

2. Price Requests shall indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

3. Price Requests shall include costs of labor and supervision directly attributable to the change.

4. Price Requests shall include an updated Contractor’s Construction Progress Schedule that indicates the effect of the change, including but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time.

1.08 PROPOSED CHANGE ORDERS – CONTRACTOR INITIATED
A. Contractor may propose changes by submitting a written Proposed Change Order (PCO) request to the City. The PCO shall comply with Contract Document requirements.

B. A PCO shall include breakdowns pursuant to the provisions herein to validate any change in Contract Price and include all reasonable documentation as required herein.

The PCO shall include an updated Contractor’s Construction Progress Schedule that indicates the effect of the change, including but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. Any additional time requested shall not be the number of days to make the proposed change but must be based upon the impact to the Construction Progress Schedule as defined in the Contract Documents. If Contractor fails to request a time extension in a PCO, then the Contractor is thereafter precluded from requesting time and/or claiming a delay. If the Contractor is requesting additional time and believes that time is both Excusable and Compensable, then the Contractor must provide detailed documentation that supports its position and that addresses all the components in Article 11 – Time Allowances in Document 00 72 00 – General Conditions.

C. If Contractor submits a PCO requesting an increase in Contract Amount and/or Contract Time that is based at least partially on Contractor’s assertion that Contractor has encountered unknown and/or unforeseen condition(s) on the Project, then Contractor shall base the PCO on provable information that, beyond a reasonable doubt and to the City’s satisfaction, demonstrates that the unknown and/or unforeseen condition(s) were actually unknown and/or unforeseen and that the condition(s) were reasonably unknown and/or unforeseen. If not, the City shall deny the PCO and the Contractor shall complete the Project without any increase in Contract Amount and/or Contract Time based on that PCO.

D. Contractor shall submit its PCO within five (5) days of the date Contractor discovers, or reasonably should discover, the circumstances giving rise to the PCO, unless additional time to submit a PCO is granted in writing by the City. Time is of the essence in Contractor's written notice pursuant to the preceding sentence so that the City can promptly investigate and consider alternative measures to the address the basis for the PCO. Accordingly, Contractor acknowledges that its failure, for any reason, to give written notice (with supporting documentation to permit the City’s review and evaluation) within this time frame shall be NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
CONTRACT MODIFICATION PROCEDURES 01 26 00 - 4
deemed Contractor's waiver, release, discharge and relinquishment of any right to assert or claim any entitlement to an adjustment of the Contract Time or the Contract Amount on account of the circumstances giving rise to the PCO.

1.09 FORMAT FOR PROPOSED CHANGE ORDER
A. The following “Format for Proposed Change Order (PCO)” shall be used as applicable by the City and the Contractor (e.g. Change Orders, PCO’s) to communicate proposed additions and deductions to the Contract, supported by attached documentation.

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
CONTRACT MODIFICATION PROCEDURES 01 26 00 - 2

FORMAT FOR PROPOSED CHANGE ORDER (PCO)
Project: ___________________________________ PCO Number: ________________ Contract Number: ___________________________ Date: ________________ In Response To: _________________
RFP #, etc.

To: City of Richmond Public Works Department
Attention: [Insert City Project Manager]
450 Civic Center Plaza
Richmond, CA 94804
Phone:

From: [Insert Contractor’s Name/Address]
________________________________
________________________________
This Proposed Change Order is in response to the above-referenced [insert RFP, etc. as applicable].

Brief description of change(s):

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
CONTRACT MODIFICATION PROCEDURES 01 26 00 - 3

ITEM DESCRIPTION
PRIME
CONTRACTOR SUB 1 SUB 2 SUB 3 TOTAL
(A) MATERIAL
Attach itemized quantity and unit
cost plus sales tax and invoice(s)
from vendor(s).
(B) LABOR

1. Labor Hours. Attach total
itemized hours.

2. Rate. This rate shall be no more
than the Straight-Time Hourly
Rate as determined by the
Department of Industrial Relations
(“DIR”) for the applicable labor
category plus labor burden.
(C) EQUIPMENT
Attach invoice(s) from supplier(s).

Include taxes.
(D) SUBTOTAL COST (A+B+C)
Subcontractor’s Overhead, Profit,
Bond and Insurance

1. This shall be no more than fifteen
percent (15%) of item (D).

2. This shall be the total cumulative
mark-up permitted for the
Subcontractor and
Subcontractor’s Subcontractor(s)
(i.e. all “lower tier”
Subcontractors).

Contractor’s Overhead, Profit, Bond

1. This shall be no more than
fifteen percent (15%) of item (D)

2. This shall be the total mark-up
permitted for the contractor
Overhead & Profit to Contractor for
Subcontractor’s Work

1. This shall be no more than five
percent (5%) of item (D)
Percent of Total Cost above including
any Overhead & Profit – may not
exceed 20%

GRAND TOTAL

REQUESTED CHANGE IN CONTRACT TIME (CALENDAR DAYS)
(Time Impact Evaluation Enclosed)
By Contractor: Signature: Date:

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
CONTRACT MODIFICATION PROCEDURES 01 26 00 - 4
PART 2 PRODUCTS – NOT USED
PART 3 EXECUTION – NOT USED

END OF SECTION
NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
COURT SURFACING 32 18 23 - 1
DOCUMENT 32 18 23

COURT SURFACING

1. GENERAL

1.1 SCOPE

1.1.1 Furnish and install acrylic resurfacer as shown and specified including, but not necessarily limited to, textured colored acrylic, and court resurfacing related items.

1.2 REFERENCES

1.2.1 National Asphalt Paving Association (NAPA)

1.2.2 National Basketball Association (NBA)

1.2.3 United States Tennis Association (USTA)

1.2.4 International Tennis Federation (ITF)

1.2.5 American Sport Builders Association (ASBA), “Tennis Courts, A Construction & Maintenance Manual,” 2015 Edition.

1.3 QUALITY ASSURANCE

1.3.1 Surfacing shall conform to the guidelines of the ASBA for planarity.

1.3.2 The contractor shall record the batch number of each product used on the site and maintain records of it through the warranty period and submit to City within one (1) week of substantial completion.

1.3.3 The contractor shall provide the inspector, upon request, an estimate of the volume of each product to be used on the site.

1.3.4 The manufacturer’s representative shall be available to help resolve material questions.

1.4 SUBMITTALS

1.4.1 Manufacturer specifications for components, color chart and installation instructions, maintenance instructions and warranty information.

1.4.2 Product warranty information.

1.4.3 ITF pace rating classification certificate for the system to be installed.

1.4.4 Submit list of projects noted in part 1.7 below.

1.4.5 Current Material Safety Data Sheets (MSDS).

1.4.6 Product substitution: If other than the product specified, the contractor shall submit at least 7 days prior to the bid date a complete type written list of proposed substitutions with sufficient data, drawings, samples and literature to demonstrate NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
COURT SURFACING 32 18 23 - 2
to the City’s satisfaction that the proposed substitution is of equal quality and utility to that originally specified. Information must include a (Q-panel laboratory U.V.) QUV weathering test of at least 1000 hours illustrating the UV stability of the system.

1.5 MATERIAL HANDLING AND STORAGE

1.5.1 Store materials in accordance with manufacturer specifications and MSDS.

1.5.2 Deliver product to the site in original unopened containers with proper labels attached.

1.5.3 All surfacing materials shall be nonflammable.

1.6 GUARANTEE

1.6.1 The Contractor shall warrant the court surfacing against settlement, peeling of surface, surface cracking, and any other defects of materials or workmanship for a period of five (5) years from date of acceptance.

1.7 INSTALLER QUALIFICATIONS

1.7.1 Installer shall be actively engaged in construction and surfacing of acrylic courts, play courts or similar surfaces.

1.7.2 Provide reference list from the installer of at least 5 projects successfully completed for public agencies in Northern California of similar scope done in the past 3 years.

Each listed project shall equal or exceed 14,000 sf in size. Provide project location, date of installation, square footage of court surfacing for each project, and project contact name, address, and phone number with each installation listed.

1.7.3 Installer of crack tape system shall be certified by manufacturer.

1.8 MANUFACTURER QUALIFICATIONS

1.8.1 Installer shall provide documentation that the finished surface to be installed has been classified by the ITF as a medium pace surface rating between 35 and 39.

1.8.2 Acrylic surfacing shall have a product defect warranty of three (3) years minimum.

1.9 TOLERANCES

1.9.1 The finished surface of the courts shall not vary more than ¼” in 10’-0’ when measured in any direction using a straight edge. At no point shall the surface fail to drain.

2. PRODUCTS

2.1 COURT SURFACING

2.1.1 Acrylic Resurfacer (no asphaltic emulsions will be permitted). Shall be Plexipave or approved equal acrylic resurfacer and mixed as follows:

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
COURT SURFACING 32 18 23 - 3
Acrylic Resurfacer 55 gals.

Water 20 - 40 gals.

Sand (60 - 80 Mesh) 600 - 900 lbs.

2.1.2 Filled Acrylic Finish Color: Shall be Plexipave Acrylic Color, or approved equal.

No field mixing of sand will be allowed.

2.1.2.1 Tennis: Colors for tennis courts shall be Light Blue and Light Green matching the existing court color layout.

2.1.3 Line Paint: Shall be Plexipave Line Paint, or approved equal. Tennis court line paint color shall be textured white. No oil-based paint shall be allowed.

2.1.4 Surface Course, Aggregate:

Sieve Size % Passing
#4 100
#8 95-100
#16 70-100
#30 40-75
#50 10-35
#100 2-15

2.1.5 Epoxy Primer: California Ti-Coat two-packaged water-based epoxy primer, or approved equal.

2.1.6 Acrylic Polymer Emulsion: Novabond, as available from Nova Sports USA Inc., Milford, MA 01757, 1-800-USA-NOVA, or approved equal.

2.1.7 Court Patch Binder: Shall be Plexipave Court Patch Binder or approved equal. No Asphaltic emulsions will be accepted.

2.1.8 Water (used for mixing): Potable water.

3. EXECUTION

3.1 WEATHER LIMITATIONS

3.1.1 Do not install surfacing when rainfall is occurring or is imminent.

NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
COURT SURFACING 32 18 23 - 1

3.1.2 Do not apply unless surface and air temperature are 50°F and rising.

3.1.3 Do not apply if surface temperature is in excess of 140°F.

3.2 Pavement Preparation for Acrylic Surfacing
Inspect the existing surface and scrape off old coatings that may be flaking or peeling. Acrylic coating removal shall not distort existing grades. The finished surface following acrylic coating removal shall meet the planarity tolerances in section 1.4. If voids or depressions are identified, acrylic polymer emulsion shall be used for leveling low areas to meet specifications, see Section 32 18 23.

Fill depressions up to 3/4” depth in court surface with court patch binder (see Section 32 18 23). Use steel trowel and/or metal screed to fill and level the depression. All filling shall be flush and even with existing adjacent surface.

Dispose of all excavated material legal offsite.

Notify the City in writing of any unsatisfactory conditions. Do not begin paving until these conditions have been satisfactorily corrected.

3.3 PREPARATION

3.3.1 Surface: Existing court surface shall be clean, free of dirt, water, soil and other foreign materials. Broom or clean surface so it is clean and dust free. Surface must be thoroughly dried prior to application. Any area showing algae growth shall be treated with Clorox or approved equal to kill organisms and then the court shall be properly rinsed.

3.3.2 Existing Concrete Pavement: California Concrete Preparer shall be used to etch the surface prior to application of epoxy primer.

Apply epoxy primer to a clean concrete surface, coverage rate to be approximately 300-400 square feet per gallon, depending on the porosity of the surface. Use a short nap phenolic core roller.

Apply a thin, wet coat. Be careful to remove any fat spots. Use all mixed material within four hours. Acrylic Resurfacer shall be applied the same day, within one to three hours of application of epoxy primer, while still tacky to fingertip touch.

3.4 COURT SURFACING

3.4.1 Court Surfacing Application:

3.4.1.1 Acrylic Resurfacer: Apply resurfacer by pouring from a can or wheeled container to continuous parallel lines and
spreading immediately with a rubber-faced squeegee.

There shall be two applications of surfacer. The total
amount of surfacer shall not be less than 60 gallons per NICHOLL PARK TENNIS COURTS RENOVATION City of Richmond
COURT SURFACING 32 18 23 - 2
1,000 square feet.

3.4.1.2 Filled Acrylic Finish Color: After the resurfacer application has been completed and allowed to cure a minimum of 48
hours, filled acrylic finish color shall be applied in three (3) applications.

3.4.1.2.1 Apply two squeegee applications of filled acrylic finish color. Minimum amount of undiluted filled
acrylic material to be applied is 15 gallons per
1,000 square feet.

3.4.1.2.2 Apply one brush or roller application of unfilled acrylic finish. Minimum amount of undiluted
unfilled acrylic to be applied is 9 gallons per
1,000 square feet.

3.4.1.3 Playing Lines: Playing lines shall be accurately located and marked by snapping a chalked line on the court
surface. Standard dimensions per USTA shall be used.

The lines shall be solidly opaque, 2” wide, straight and true.

3.4.1.4 Contractor shall notify the City at the completion of each stage of the operation and shall allow reasonable time for testing and inspection prior to proceeding with each
following stage until authorization to proceed has been received from the City.

3.5 PROTECTION

3.5.1 The area shall be protected from traffic during all operations and shall not be opened for use for at least 24 hours after the finished surface has dried completely.

3.6 CLEAN-UP

3.6.1 Remove all containers, surplus materials and debris. Dispose of materials in accordance with local, state and Federal regulations.

3.6.2 Remove residual chalk from line marking.

3.6.3 Leave site in a clean, safe, and orderly condition each day.

END OF DOCUMENT 32 18 23
Not To Scale
March 2026 NICHOLL PARK TENNIS COURTS RENOVATION
Location Map
(2) TENNIS COURTS TO BE RENOVATED AT
3230 MACDONALD AVE, RICHMOND, CA 94804
Not To Scale
March 2026 NICHOLL PARK TENNIS COURTS RENOVATION
Improvements Plan

NEW STRIPING SHALL BE SAME COLOR, DIMENSIONS,

AND LOCATION AS EXISTING STRIPING

COURT PREP PER SPECIFICATIONS

CRACK REPAIR PER SPECIFICATIONS

NEW BLUE AND GREEN SURFACING SHALL MATCH

EXISTING DIMENSIONS AND LAYOUT -

SEE SPECIFICATIONS FOR COLOR AND

MANUFACTURER INFORMATION

NETS, POSTS, FENCING AND ALL OTHER ITEMS NOT

IDENTIFIED AS NEW SCOPE TO BE RESTORED TO

PRE-CONSTRUCTION CONDITION PRIOR TO FINAL

ACCEPTANCE

COURT ACCESS AND STAGING AREA

Richmond City CouncilOctober 6, 2026

Richmond City Council
October 6, 2026