Oakland Street Lighting Conversion Project - Navigator

City of OaklandDeanna Santana, City AdministratorRequest for ProposalsforOAKLAND STREET LIGHTING CONVERSIONPROJECTCITY PROJECT NO. C456410Public Works AgencyDepartment of Infrastructure and OperationsElectrical Services Division7101 Edgewater Drive, Building 2, Oakland, CA 94621Project Manager: Paul ChanTelephone: (510) 615-5427May 2012

TABLE OF CONTENTSI. REQUEST FOR PROPOSALS SUMMARY .........................................2II.INTRODUCTION.....................................................................................2III. SCOPE OF SERVICES ............................................................................3A. Project Requirements ........................................................................3B. Project Description ............................................................................4C. Role and Support of the Public Works Agency ................................6D. Technical Specifications ...................................................................7E. Performance Measures .......................................................................11IV. THE PROPOSAL .....................................................................................12A. Submittal Requirements .....................................................................12B. Terms and Conditions ........................................................................15V. EVALUATION AND INTERVIEW PROCESS....................................21A. Evaluation Process ............................................................................21B. Interview Process ..............................................................................22VI. SELECTION PROCESS ..........................................................................23VII.APPENDIXAPPENDIX A: Schedules Required With Proposal SubmissionSchedule E - Project Consultant Team ListingSchedule O – Campaign Contribution LimitsAPPENDIX B: Public Works Agency Specifications (Special Provisions)APPENDIX C: Sample Professional Services AgreementAPPENDIX D: Schedule Q – Professional Services Insurance Requirements andSchedule Q – Construction Insurance RequirementsAPPENDIX E: 1999 Amended City of Oakland Street Lighting WarrantsAPPENDIX F: Outdoor Lighting StandardsAPPENDIX G: Street Classification - Oakland Present Rank (one of 61 sheets)APPENDIX H: City Grid Map (one of about 350 sheets of 11x17)APPENDIX I: City Oakchild Street Light Data Base (one of about 36,000 streetlights)APPENDIX J: Material SpecificationsAPPENDIX K: Luminaires Photometric EvaluationAPPENDIX L: Product Submittal FormAPPENDIX M: Schedule L1 - Consultant Performance EvaluationPage 1 of 24

I. REQUEST FOR PROPOSALS SUMMARYProject No. C456410Oakland Street Lighting Conversion ProjectServices Required: The City of Oakland is soliciting proposals for a Street Lighting Conversion Projectwhich would replace the existing high pressure sodium (HPS) Cobra Style street lights with light emittingdiode (LED) equivalents. The consultant will provide financing, materials, labor, documentation, process forutility rebates and guarantee acceptance of the energy fund savings from reduced electricity bills as paymentfor a term loan estimated to be ten years or less.Local/Small Local Business Requirement: 50% L/SLBE ParticipationContract Term: Up to ten (10) years: one (1) year for installation to be followed by up to nine (9) years ofpayback and as proposed in the RFP.Pre-Proposal Meetings: (MANDATORY- The prime consultant need only attend one meeting.) 10:30AM, June 5 and June 12, 2012, Broadway Conference Room, 4 th Floor, 250 Frank H. Ogawa Plaza, Oakland,CA 94612. Topics to be discussed at this meeting include project information, proposal requirements,compliance with applicable programs, and mandatory registration in “iSupplier”. For iSupplier Registration,go to: http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/index.htm.Deadline for Questions: 5:00 PM, June 19, 2012 by email to the PWA Project Manager. It is the Consultant’sresponsibility to ensure that the email has been received by the Project Manager.Proposals Due: 2:00 PM, June 29, 2012. Proposals not received by the Reception Desk for the Public WorksAgency, 250 Frank H. Ogawa Plaza, Suite 4314, Oakland, CA 94612 by the deadline will be returnedunopened.Contact Information: The following City staff is available to answer questions regarding this RFP.1. PWA Project Manager: Paul Chan at pchan@oaklandnet.com or (510) 615-54272. PWA Contract Services: Calvin Hao at chao@oaklandnet.com or (510) 238-73953. Contract Compliance Officer: Vivian Inman at vinman@oaklandnet.com or (510) 238-6261II.INTRODUCTIONThe City of Oakland is soliciting proposals for a High Pressure Sodium (HPS) to Light EmittingDiode (LED) Cobra Head Street Light Conversion Project. The consultant will be expected toproduce a turnkey product by implementing the conversion of all HPS cobra head street lights in theCity, estimated at approximately 30,000 units, to equivalent LED street lights. The consultant willprovide the financing, materials and also arrange for the installation of the luminaires, accepting theenergy fund savings from reduced electricity bills to pay back the term loan estimated to be ten yearsor less. The consultant will also be expected to develop a database acceptable to the local utilitycompany, Pacific Gas and Electric (PG&E). The City of Oakland, Public Works Agency (PWA),Electrical Services Division, will administer this project.Oakland owns and maintains its HPS cobra head street lights on utility wood poles and City ownedsteel poles. The wattages vary from 70 Watt to 310 Watt with the majority in the 70 Watt, 100 Watt,and 200 Watt ratings.Page 2 of 24

The Oakland Street Lighting Conversion Project will replace all cobra head street lights from HPS toLED, finance the cost of the LED conversion through savings from the electric utility bills andchannel the rebates received from the local utility company back to the City.III.SCOPE OF SERVICESThe successful proposer will be fully responsible for leading the day-to-day work. The primary workrequired of the consultant includes, but is not limited to, full project development andimplementation: financing, furnishing materials, installing light fixture replacement, reconciling Citydata base with PG&E data base, processing of rebate collection from PG&E, collecting and trackingdata, and guaranteeing acceptance of payment for the life of the term loan based solely on savingsrecovered from electric utility bills after LED installations. In addition, the consultant will provideupdates to City Grid Maps and City data base. The consultant will work collaboratively with PG&E,educating residents, merchants and groups about the Oakland Street Lighting Conversion Project andthe prospective advantages including better visual clarity, safety, energy savings and opportunitiesfor green jobs associated with the project.The consultant will inspect a sampling of street lights in the different districts of Oakland, andcollect, analyze and compile data, and immediately implement the work. The consultant willmaintain general documentation of all activities, including photos taken of certain locations beforeand after the switch out of the HPS lights, site visits, employment training and environmentaleducation. It is anticipated that project field installation dates are approximately October 1, 2012 toSeptember 30, 2013. The consultant will provide updates, on a monthly basis, to data base package,grid maps and narrative report with rebates received from the utility company, budget expendituresand payment stream, and supporting material commencing three months after Notice to Proceed. Afinal data base package, grid maps and narrative report with rebates received from the utilitycompany, budget expenditures and payment stream, and supporting material is due no later thanthree months after the completion of the LED conversion in the field.A. PROJECT REQUIREMENTS1. Financing. Provide financing for the LED Conversion of approximately 30,000 Cobra HeadStreet Lights.2. Materials. Provide materials for the fixture replacement. This would include all newluminaires, photo cells, and all necessary attachment materials.3. Installation. Provide the labor for the fixture replacement. This would include all workinvolved in the actual installation of the luminaires such as reconnection to existing wires,installation of the new photo cell, installation of the fixture wattage label on the luminaire,installing a replacement street light number if such was missing, and informing the City ofany repair that may need to be conducted by staff.4. Documentation. Reconcile City Street Lights Data Base and City Grid Maps with PG&E database, and essentially to form a complete new data base and maps for both the City andPG&E.5. Rebates. Channel PG&E rebates to the City for use in establishing a sustainable energyefficiency program.Page 3 of 24

6. Capture of Savings. Document savings in electric utility bills for the settlement of the LEDstreet lights conversion project.B. PROJECT DESCRIPTION1. FinancingThe Consultant would provide financing for the LED conversion of City street lights andleverage the energy savings associated with the conversion for the pay back of the long termloan. The term loan arranged by the consultant would be repaid from the energy savingsrecouped from the LED installations over a period not to exceed ten years and acceptance ofthese funds as the sole source of repayment for the term loan would be guaranteed by thesuccessful bidder.2. Materials.The new LED luminaires will be consistent with state of the art products from a nationallyrecognized manufacturer that has successfully developed these units and has a product linethat is widely accepted and implemented in the United States. The materials are compliantwith the made in the USA label, is listed by a recognized testing and listing organization, andcompliant with federal, state and local codes and ordinances.a. State of the art LED street lights are required for this project. The products that wouldmeet this requirement are those that are developed and manufactured in the recent twoyears. These materials may be the integral luminaire or a retrofit kit.b. In the case of an integral luminaire, the consultant shall provide all components that arerequired to function with it including but not limited to new luminaire, new photocell,and any hardware and wiring required.c. Where the contractor proposes a retrofit kit for the existing luminaires, the consultantshall provide all components that are required to function with it including but not limitedto the retrofit kit for the luminaire, new photocell, and any hardware and wiring requiredto complete the installation. Further, the consultant is responsible for details of the retrofitand for providing identification of the components used in the retrofit.d. Made in the USA. The consultant is to furnish materials that are made or constructed inthe USA.e. Materials shall be listed. The consultant is to furnish materials that are listed by DLC andqualify for PG&E rebates.f. Materials shall conform to codes. The consultant shall furnish materials that conform tofederal, state, local codes and ordinances, and the Oakland Outdoor Lighting Standards.g. Materials shall be uniform throughout the project and shall be from one single vendordomiciled in the USA.h. Storage. The consultant shall be responsible for the storage of materials and tools whichshall not be in any City facilities or in the public Right-of-Way (ROW).i. Safety and Integrity of Materials. The consultant shall be responsible for the safety andintegrity of materials. Materials provided for installation on the projects shall be new,unaltered as provided by the vendors, and each installation documented as thereplacement of the luminaire is performed.3. Quantities of Street Lights.Page 4 of 24

City cobra head HPS street light wattages were estimated from the City Oakchild (lighting)Data Base and summarized in the table below. It is provided as a guide on the likelyproportion of City street light at each of the wattages:Estimate of HPS Street Light WattagesHPS Street Light Wattage Number of Fixtures70 W 2340100 W 11830150 W 5760200 W 7130250 W 2440310 W 500Total 300004. Installationa. The consultant shall provide labor in the form of certified electricians at the journeymanlevel, with no exception, for installation of the luminaires, or retrofit of the luminaires insitu or on the bench. All work in the field shall be performed by a subcontractorpossessing a valid C-10 license in California.b. The consultant shall provide all other labor as needed to assist in the completion of theproject.c. All work performed on the project shall comply with NEC, IEEE, ANSI, NEMA, OSHA,DOT, Cal Trans, and City OMC, codes and regulations.d. All work shall be performed within the hours 7:00 A.M. to 6:00 P.M. Monday toSaturday. Consultant shall conform to City Holiday schedule and work hours restrictionsas follows:i. No work shall be undertaken on any City street listed in Attachment J “HolidayRestricted Streets” from October 31 to January 2 unless otherwise directed in writingby the Engineer.ii.A street designated by the Oakland City Council as a “Limited Operations Area” (SeeAttachment 8 in the Special Provisions) shall have the following additionalrestrictions, unless otherwise directed in writing by the Engineer: no work that willinterfere with traffic shall be performed in any public street or roadway during thehours of 7:00 A.M. to 9:00 A.M. and 4:00 P.M. to 6:00 P.M.5. DocumentationThe consultant is responsible for the reconciliation of the data base of the City with PG&Edata base. These data bases are further described as follows:a. The City Street Light Data Base, known as OAKCHILD, has approximately 36,000entries. Out of these approximately 30,000 entries relate to cobra head street lights. SeeAttachment I.b. The City Street Light Maps, known as GRID MAPS, consists of approximately 350 gridmaps. See Attachment H.Page 5 of 24

c. The PG&E Street Lights Data Base for the City of Oakland can be obtained from PG&Eand the Consultant will used the materials furnished by the utility company to reconcilewith the City records.6. RebatesThe consultant shall arrange for collected utility company rebates to be delivered to theElectrical Services Division. These rebates shall not be used to pay back the term loanarranged by the consultant for the project.7. Capture of Savings in Utility BillsThe City will use the savings realized from reduced PG&E electric energy bills as paymentfor the estimated ten year, or less, term loan. Upon the settlement of the entire loan amountfuture savings will be absorbed into appropriate City accounts.C. ROLE AND SUPPORT OF THE PUBLIC WORKS AGENCY1. The LED Conversion Program in the City of Oakland is to convert all street lights to LEDstreet lights:a. LED Conversion Program Part I: Oakland Street Lighting Conversion Project willconvert all 30,000 cobra head HPS street lights to LED street lights.2. The PWA mission is to provide top quality professional, effective and timely services toresidents and businesses. The consultant will play a big role in pursuing this mission byfocusing on relationships and on customer service and satisfaction. In order to meet thischallenge, Electrical Services Division will lend program and project support and provide thefollowing services:a. Draft Council Report.b. Provide project review.c. Coordinate City review and approval process.d. Establish a repayment schedule and identify utility savings available to service the tenyear term loan.e. Monitor and deposit appropriately the rebates received.f. Provide technical review.g. Provide as-is City Grid Maps and Data Base at the start of the project.h. Confirm classifications of streets.i. Specify lighting level for each street classifications and whether it is for downtown,crime, intermediate, residential aesthetic level of lighting, etc.j. Prescribe the luminaire to use in order to achieve the minimum lighting level mandatedby the Street Lighting Warrants. The street lighting shall be made more uniform throughthe deployment of the selected luminaires of the same wattage on each classification ofstreets.k. Accept the data and maps of the street lights from the consultant.Page 6 of 24

3. Electrical Services Division Manager - The LED Conversion Program in the City of Oaklandis under the direction of the Electrical Services Division Manager. The Manager isresponsible for the execution of the identified program under his jurisdiction. The Manageroversees the program for its adherence to Council objectives, compliance with Cityrequirements and all safety ordinances and regulations. The Manager provides programevaluation and final reports.4. Electrical Services Project Manager - The Oakland Street Lighting Conversion Project is theresponsibility of the Electrical Services Project Manager. The Project Manager is responsiblefor the day to day management at the project level for this project. As such, allcommunication between the City and the consultant shall go through the Project Manager.5. Electrical Services Electrical Supervisor - The Oakland Street Lighting Conversion Projecthas direct ramifications on the operation and maintenance of City street lights. All technicalaspects of the work related to the operation and maintenance of the street lights falls underthe jurisdiction of the Electric Shop Supervisor. The Supervisor shall be briefed, suppliedwith all documents, included in all meetings and reported to on all matters related to thematerials, street light numbering, condition and status of the materials used in thereplacement, spare parts inventory, and maintenance issues, etc.D. TECHNICAL SPECIFICATIONS1. LED Luminaires should meet the following general requirements:1.1 Meet the requirements of ANSI C136.37 - SSL Roadway and Area Lights.1.2 Have Correlated Color Temperature (CCT) of 4,000 K +/- 300K.1.3 Have NEMA 3-prong twist-lock photo-control dimming receptacle per ANSIC136.41. The PE socket shall be able to rotate, so that the PE window can always bepositioned to face the North direction.1.4 Have an optical assembly that provides IESNA Type III Medium LightingDistribution.1.5 Emit zero lumens at or above an angle of 90 degrees above nadir.1.6 LED modules(s)/array(s) shall deliver at least 70% of initial lumens, when installedfor a minimum of 50,000 hours. Assembly shall be rated a minimum of IP66.1.7 Provide house side shield for 10% of the quantities per Section III C. Shields shall beinstalled based on requests from Citizens. Deliver shields not used to PWA Electricalat the end of the project.1.8 Provide a warranty for the full replacement of the luminaire due to any failure for five(5) years. The warranty shall provide for the repair or replacement of defectiveelectrical and electronic parts (including light source and power supplies/drivers) forthe full five (5) years from Notice of Completion – the date the City issued to theConsultant stating that all work is complete. Defective material will be returnedfreight paid to the vendor for replacement. Vendor will ship replacement productfreight paid.1.9 Comply with Measurement, Test Performance and Safety Standards:1.10 ANSI C78.377.2008 - Specifications for the Chromaticity of Solid State LightingProducts.Page 7 of 24

1.11 IESNA LM-79-08 - IESNA Approved Method for the Electrical and PhotometricMeasurements of Solid-State Lighting Products.1.12 IESNA LM-80-08 - IESNA Approved Method for the Measuring LumenMaintenance of LED Lighting Sources.1.13 IESNA TM-15-07 Luminaire Classification System for Outdoor Luminaires,Addendum A: Backlight, Uplight, and Glare (BUG) Ratings.1.14 IESNA TM-21 Life Projection of LED Device. The life projection shall be a period of10-years from Notice to Proceed.1.15 UL 1012 Power Units Other Than Class 2.1.16 UL 1310 Class 2 Power Units.1.17 UL 1598 Luminaires.1.18 UL 2108 Low Voltage Lighting Systems.1.19 UL 8750 Light-Emitting Diode (LED) Light Sources for Use in Lighting Products.1.20 IP65 or greater Ingress Protection Test Report Certification.2. Driver SpecificationsContain completely prewired integral driver. Maximum rating DC Forward Current atTemperature Ambient 25 degree C shall be 1000 mA. Maximum amperage at LED must notexceed driver current to meet Lumen Depreciation as described in the requirements in theseTechnical Specifications. Initial lumen values required shall meet the requirements in theseTechnical Specifications, and shall not exceed 700mA per mm square of chip. The Driverand LED arrays shall be designed for multi-current input operation, with switchable ratings at350 mA, 525 mA and 700 mA. The drivers shall be factory set for the highest rating at 700mA. And the two lower optional settings at 350 mA and 525 mA shall be available to theCity to reset the unit at lower current settings by physical field rewiring the luminaires asneeded to provide one of the two lower levels of lighting. All drivers for LED luminairesshould be Solid State (Electronic) type:a. Capability to step downb. Input voltage from 120 to 277 VACc. Maximum output current of 700 mAd. Input frequency of 50/60 Hze. Line regulation of ±2%f. Output should be isolatedg. Power factor > 0.95 at maximum loadh. Total Harmonic Distortion less than 20% at maximum loadi. Load regulation of ±1% from no load to maximum loadj. Case temperature rated for -104°F to +158°Fk. Overheat protectionl. Self-limited output short circuit protection with automatic recoverym. Input overload protectionn. Input high voltage surge protectiono. Reduce output power and recover automatically if the driver overheatsp. Primary fusedq. Fully encased and pottedr. Meet IP66 Standardss. RoHS CompliancePage 8 of 24

t. EMC Compliance. The driver and associated on-board circuitry shall meet theemission requirement for electronic noise of CISPR 15 - Class A emission limits inFCC Title 47, Sub Part B, Section 15.u. Noise Compliance. Class A sound rating per ANSI C63.4v. Rated useful lifetime of no less than 100,000 hours at ≤ 65ºC3. Luminaire Technical Parameters3.1 Electrical3.1.1 Operation from a 60 ±3 Hz AC line over a voltage ranging from 120 to 277 VAC.3.1.2 The standard operating voltages are 120 VAC and 240 VAC. The fluctuations of linevoltage should have no visible effect on the luminous output.3.1.3 The luminaires should function within an ambient operating temperature Range of -20°C to +40°C for 120 to 277 VAC.3.1.4 Surge Suppression. The luminaires on-board circuitry should include a surgeprotection device to withstand high repetition noise transients as a result of utility lineswitching, nearby lightning strikes, and other interference. For 120-277 VAC perIEEE/ANSI C62.41.-1991, 6kV/3kA Location Category B3 (120 Events).3.1.5 Conform to UL 1449, or UL 1283, depending on the components used in the design.3.1.6 Submit chip, diode, or package reliability test report for luminaire.3.1.7 RF Interference. Per the requirements set in Section 2.1.t.3.1.8 Frequency. Output operating frequency: ≥ 120 Hz (to avoid visible flicker) and inputoperating frequency of 60 Hz.3.1.9 LED Luminaires Efficacy and Efficiency. A minimum efficacy of 57 lumens per Wattlm/W) or better is desired. Allowing for thermal and optical losses, efficiency shouldbe determined on a delivered lumens per watt basis for comparison.3.2 Thermal Management3.2.1 Maximum junction temperature < 105 °C.3.2.2 The LED manufacturer’s maximum junction temperature for the expected life shouldnot be exceeded.3.3 Passive by design heat sink with no fans, pumps, or liquids.3.4 Physical and Mechanical Specifications3.4.1 Luminaire maximum weight: 46 pounds.3.4.2 The luminaire width maximum width: 17” wide.3.4.3 The housing should include a down opening door or doors for access to all internalcomponents. The housing should be a light or medium gray color with a flat or semiglosssheen and rust resistant paint that is corrosion resistant and tested to withstand aminimum 1,000 hours in salt and fog condition as defined in ASTM Standard B117.3.4.4 Long Life Zinc Nickel Plated Screws3.4.5 No polycarbonate parts unless it is UV stabilized (lens discoloration will beconsidered a failure under warranty).3.4.6 Each housing should be provided with a slip-fitter capable of mounting on aminimum 2.25 to 2.50-inch O.D. pipe tenon.3.4.6.1 The slip-fitter should be capable of being adjusted a minimum of ±5 degrees from theaxis of the tenon in a minimum of five steps (+5, +2.5, 0, -2.5, -5).3.4.6.2 The clamping brackets of the slip-fitter should not bottom out on the housing bosseswhen adjusted within the designed angular range.3.4.7 The luminaires should meet 3G Vibration Test per ANSI C136.31-2001 requirements.Page 9 of 24

3.4.8 Hinged access doors, capable of opening to 180 degrees are desired. The door shouldbe secured to the luminaires housing.3.4.9 Field wires connected to the luminaires shall terminate on a barrier type terminalblock secured to the housing. The terminal screws shall be captive and equipped withwire grips for conductors up to No. 6. Each terminal position shall be clearlyidentified.3.5 Housing Materials3.5.1 Die cast aluminum that is heavy duty and structurally rigid.3.5.2 Housing should be fabricated from materials that are designed to withstand a 1000-hour salt spray test as specified in ASTM Designation: B117.3.5.3 Each refractor or lens should be made from UV inhibited high-impact plastic such asacrylic or polycarbonate.3.5.4 Polymeric materials (if used) of enclosures containing either the power supply orelectronic components of the luminaires shall be made of UL94VO flame retardantmaterials. The lenses of the luminaires are excluded from this requirement.4.0 Other Requirements4.1 Fixture manufacture must have a minimum of 5000 units installed within the last year4.2 Photocell. Consultant shall install a new photocell with each new LED fixtureinstalled. The PC shall be an ordinary unit recommended by the vendor, not thedimming type PC.4.3 Fixture manufacture must provide test results from independent or National VoluntaryLaboratory Accreditation Program (NVLAP) certified laboratory.4.4 Application-Based Material Specifications. The Consultant shall provide anApplication-Based Material Specifications sheet, in Attachment L for each of theLuminaire proposed as part of the submittal for this RFP.4.5 Luminaires Photometric Evaluation. The Consultant shall provide the informationdata used for the Luminaires Photometric Evaluation as illustrated in Attachment M.The City will evaluate the data so provided by the Consultant for acceptability.4.6 Metal halide (MH) street lights. The Consultant shall provide the replacement of MHstreet lights like as if they are HPS street lights, and use the LED equivalents for HPSstreet lights for the replacement of MH street lights. The number of replacement ofMH street lights is expected to be small. The compensation would be equivalent tothat of the HPS. All MH street lights removed from the project will be disposed bythe Consultant.4.7 Low wattage street lights. The Consultant shall provide low wattage street lightswhich shall be the replacement of 50W HPS and 35W HPS. These units are located inpathways, tunnel, and in areas adjacent to real property or the right-of-way. A numberof the replacements would be by the LED equivalent of a 70W HPS. However, incases where this would lead to excessive brightness, the City will direct theConsultant to furnish one of the lower wattage LED equivalents. The number of unitsof low wattage street lights is expected to be small. The compensation would beequivalent to that of the 70W HPS.4.8 Oakland Standard Luminaires Matrix. The consultant shall provide luminairesequivalent to those listed below in the Oakland Standard Luminaires Matrix meetingthe Technical Specifications and subject to City approval. All the materials proposedshall be from a single manufacturer.Page 10 of 24

Oakland Standard Luminaires MatrixLuminaire Type to beReplaced - in Watt HPSLED Street LightManufacturerConsultant to furnish LED LuminaireModel Catalog Number70 GE70 Beta100 GE100 Beta150 GE150 Beta200 GE200 Beta250 GE250 Beta310 GE310 BetaE. PERFORMANCE MEASURESThe work performed has a high impact on the Oakland community and public safety, health and wellbeing. The consultant shall ensure performance of all work is in conformance with OSHAregulations, industry safety measures, all federal and state codes and regulations, and all Cityregulations and requirements and the Oakland Municipal Codes (OMC). The consultant shall abideby all PWA traffic regulations, requirements and orders, City allowed work hours, City holidayschedule, etc.The data obtained from the field is vital in identifying amounts and types of work performed. Thefollowing are due monthly, unless otherwise noted:1. Maintain Local Business and Small Local Business Participation at the agreed upon level of50%, and report as required to Contract Compliance.Page 11 of 24

2. There will be a monthly evaluation of the contractor’s work to gauge the quality, safety anddelivery of service.3. Distribute PWA and Oakland Street Lighting Conversion Project material, and provide notice formerchants and others impacted in the work zone corridors. This should be done a week prior tothe work in the street.4. Participate in regularly scheduled meetings with PWA Electrical staff.5. Transfer the information on street lights that had been converted to LED on a monthly basis tothe Project Manager.a. This shall be accompanied by an updated electronic copy of OAKCHILD, the Street LightData Base in Access.b. This shall be accompanied by an updated electronic copy of OAKMAP, the Street Light GridMaps in AutoCAD.c. One paper copy of both items in (a) and (b).6. Provide the documentation of LED Street Lights conversion to PG&E for rebate and for electricbilling adjustment.7. Prepare final report and submit four copies to the Electrical Services Division no later than 3-monthsafter completion of installation. The final report should include final budget expenditures,narratives, data base collected for street lights, before and after photos taken at two randomly chosenlocations for each of the weeks the consultant is on the job and any other supporting documentation.The photos shall be taken from the same approximate angle at each location and shall demonstratethe work that is being performed. The photos shall be digitally transmitted by email to the ProjectManager, with one copy of color print fully captioned and dated sent by US Mail or hand deliveredunder a transmittal form to the Project Manager.8. Disposal of Removed HPS Luminaire. Consultant shall dispose of all removed HPS luminaires at nocost to the City and in compliance with APPENDIX B - Public Works Specifications, Section401.1.39. Spare luminaires for City. Contractor shall provide 1% spare, i.e. approximately 300 luminaires inthe proportion in Section III.B.3, and deliver to the Municipal Service Center in Edgewater Dr.IV.THE PROPOSALA. Submittal RequirementsSubmit six (6) copies of responses and one (1) electronic copy of the proposal on disc or flash drive (MSWord or Excel format) in a sealed package.1. Transmittal Lettera. The Transmittal Letter shall be addressed to Mr. Paul Chan, Project Manager, PublicWorks Agency, 7101 Edgewater Drive, Building 2, Oakland, CA 94621. It shall bePage 12 of 24

signed by an officer of the prime firm. In case of a joint venture or other joint-primerelationship, one officer of each venture partner shall sign.b. The letter shall certify that the proposal included will remain in effect for 120 days afterthe submittal date.2. Project Team and Personnela. List addresses, telephone numbers and areas of expertise of each team member,including the prime and any sub-consultants. Briefly describe the projectresponsibility of each. Identify which are MBE, WBE, Local Business Enterprises(LBE) and Small Local Business Enterprise (SLBE). Additionally, for LBEs/SLBEs,submit a copy of current business license and date established in Oakland.b. Include Schedule E as a summary sheet showing all teams in one table on one 8 ½” x11” sheet including the above information.c. Prime(s): Provide a detailed resume of the proposed principal-in-charge and theproject manager (PM) who will be responsible for this project. The PM shall be afull-time employee of the prime(s). Clearly identify the firm’s experience (formerprojects) with photos and the individual PM’s experience (former projects) withphotos. DO NOT SUBMIT OTHER RESUMES.d. Sub-Consultants: Provide a detailed resume of the proposed project manager (PM),who shall be a full-time employee of each sub-consultant for this project. Clearlyidentify the PM’s relevant experience (former projects) with photos. DO NOTSUBMIT OTHER RESUMES.3. Relevant ExperienceIf the Prime Consultant and Sub-consultants have not previously collaborated in thedevelopment and implementation of LED Street Lights Conversion projects inmunicipalities in the USA projects, please address the items below with examples fromboth the Prime Consultant and Sub- consultant’s own work. If the team has workedtogether collaboratively, please include a description of this work.Describe experience in providing the necessary services and project management of threeprojects similar in size and scope to this project.a. Describe experience and qualifications for providing full services that include,but are not limited to financing, design, project development, implementation,project documentation, and project administration.b. Describe experience and ability to work effectively with City staff, communitygroups, utility companies and other stakeholders, and addressing the variousinterests in implementing a successful project.c. Provide a summary of three relevant projects. Provide the followinginformation:Page 13 of 24

i. Project name and location.ii. Brief description of project scope.iii. Month and year project commenced and was (or will be) completed.iv. Project time line.v. Project cost.vi. Firm’s or individual’s project responsibility.vii. Client name, address, contact person, telephone number, and email.4. Project Approach and Organizationa. Describe how you intend to interface with City staff and the community, if necessary.5. Referencesa. Primes and subs: Three business related references, giving name, company, address,telephone number and business relationship with photos of projects.b. Proposed Project Manager(s): Two business related references, giving name,company, address, telephone number and business relationship to project manager.6. Hourly Billing Ratesa. Provide a complete list of all staff hourly rates by category, i.e., Principal, ProjectManager, Project Professional, Technician, Clerical, etc. Hourly rates shall be allinclusive,i.e., base salary, fringe benefits, overhead, profit, etc. and will remain ineffect throughout the life of the contract.7. Schedules Required With Proposals – forms located in the APPENDIX.Schedule E - Project Consultant Team ListingSchedule O - Campaign Contribution Limits8. Schedules Required Prior to Contract ExecutionThe following standard Schedules are required from the successful proposer prior to contractexecution and may be viewed athttp://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedules/index.htm or at 250 Frank H. Ogawa Plaza Suite 3341, Oakland, CA Contracts and ComplianceDivision. Also you may request a copy by emailing isupplier@oaklandnet.com.Schedule B-2 - Arizona Resolution Declaration of ComplianceSchedules C-1, P, U, V (combined) - Declaration of Compliance with Americans withDisabilities Act; Nuclear Free Zone Disclosure; ComplianceCommitment Agreement; Affidavit of Non-Disciplinary orInvestigatory ActionSchedule D - Ownership, Ethnicity and Gender of Prime and EmployeesSchedule K – Pending Dispute DisclosureSchedule M - Independent Consultant Questionnaire, Part APage 14 of 24

9. AddendaSchedule N - Declaration of Compliance - Living Wage OrdinanceSchedule N-1 Equal Benefits Declaration of Non-DiscriminationSchedule R – Subcontractor, Supplier, Trucking Listing FormIf any are issued, you must acknowledge all addenda received by including a statement inyour transmittal letter, or by returning signed addenda with the proposal.B. Terms and ConditionsIt is very important to review and understand all the terms and conditions, as well as all the policies andprograms, listed in this section. The City will award contracts only to firms that are in full compliance.Unless otherwise noted, all “Schedules” referenced in this section are provided during the contractexecution process. For additional information or copies of these forms, please go to:http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedules/index.htm1. Business Tax LicenseThe firm selected for this contract shall obtain or provide proof of having a current City ofOakland Business Tax Certificate.2. Sample AgreementA sample Agreement is included in APPENDIX C. The awarded consultant will be requiredto enter into this agreement.3. Insurance RequirementsThe consultant will be required to provide proof of all insurance required for the work priorto execution of the contract in accordance with both Schedule Q (Professional andConstruction), included in APPENDIX B and D.4. Bonding RequirementsThe consultant’s licensed C-10 subcontractor is required to provide Performance andPayment bonds for 100% of the value of his subcontract. The bonding requirements aredescribed in APPENDIX B - Public Works Specifications, Section 2-4.5. Local and Small Local Business Enterprise Program (L/SLBE)The L/SLBE Program is also summarized in Section 23 of the Sample Agreement and isrepeated here for additional emphasis. The full program document is available at:http://www2.oaklandnet.com/oakca1/groups/contracting/documents/form/oak029719.pdfThe Consultant shall comply with the L/SLBE program and shall complete the combinedSchedule C-1, P, U, V - Declaration of Compliance with Americans with Disabilities Act,Nuclear Free Zone Disclosure, Compliance Commitment Agreement, and Affidavit of Non-Disciplinary or Investigatory Action.Page 15 of 24

a. Requirement – For this contract, 50% Local and Small Local Business EnterpriseProgram (L/SLBE): There is a 50% minimum participation requirement for allconstruction contracts at or over $100,000, all professional services contracts over$50,000, and all purchases of commodities, goods and associated services over $50,000.Bidder/consultant status as an Oakland certified local or small local firm andsubcontractor/subconsultant status as an Oakland certified local or small local firm aretaken into account in the calculation.The City has waived small local business enterprise (SLBE) subcontracting requirementsfor Oakland certified local businesses that apply for professional services contracts as theprime contractor with the City. The SLBE requirements still applies for non-certifiedLBEs and non-local business enterprises.There is also a 50% L/SLBE trucking participation requirement to enhance theparticipation of locally based trucking firms in city funded public works projects. Inthe case of construction projects where trucking is warranted, 50% of the totaltrucking dollars must be allotted to certified (Oakland) Local Truckers. The City willidentify in bid specifications when the 50% local trucking requirement is applicable.It is important to note that failure to comply with the 50% trucking requirement willresult in a non-responsive bid.b. Requirement – For Construction Services, 50% Local Employment Program (LEP):For any construction contract or development agreement with the City this policyestablishes a goal for Oakland-resident employment on public works projects (as suchprojects are defined in this policy). Specifically, for work performed at the constructionsite, this policy establishes a goal of 50% of the work hours, which must be performed byOakland residents on a craft-by-craft basis. In addition, a minimum of 50% of all newhires on the project (on a craft-by-craft basis) must be Oakland residents, and the firstnew hire must be an Oakland resident. A contractor or developer must achieve the goalsor secure an exemption from the City.c. Oakland's Local Employment Program applies to this contract. This program requirescontractors to hire local residents for public works contracts.d. Requirement – For Construction Services, 15% Apprenticeship Program: Oakland’sApprenticeship Program applies to this contract. This program requires contractors toprovide employment to Oakland apprentices equal to 15% of the total project work hourson a craft-by-craft basis, or demonstrate through good faith efforts that at the time of thecontract there were insufficient Oakland apprentices available to perform contractedwork on a craft-by-craft basis equal to fifteen percent (15%) of the total hours.Contractors will have either provided employment to Oakland apprentices equal to 15%of project hours on a craft-by-craft basis or secured waiver(s) from the City. Specificdetails of the L/SLBE, LEP and Apprenticeship Program are addressed in the Local andSmall Business Program which can be viewed on our websitehttp://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/index.htm underthe heading “Local and Small Local Business Program " or at 250 Frank H. Ogawa Plaza,Room 3341 City Administrator's Office, Division of Contracts and Compliance.Page 16 of 24

e. Requirement – For Construction Services, Prevailing Wages - City of Oakland contractsfor public works of improvement (construction) are subject to all California Labor laws,including, but not limited to, prevailing wage and apprentice wage laws. The City andAgency have adopted State of California Prevailing Wage rates for their public works ofimprovement (construction) projects. City Council Resolution No. 57103 C.M.S., passedMarch 28, 1978, , covering this matter are available for inspection at the Office of theCity Clerk, One Frank H. Ogawa Plaza Oakland, CA 94612 The Prevailing WagesOrdinance can be viewed at our websitehttp://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/PoliciesOrdinances/index.htm Policies and Ordinances or at 250 Frank H. Ogawa Plaza, Room 3341 CityAdministrator's Office, Division of Contracts and Compliance. The CaliforniaDepartment of Industrial Relations (DIR), Divisions of Labor Statistics and Research,annually determines prevailing wages and may be found at www.dir.ca.gov/DLSR/PWD.f. Requirement – For Construction Services, contractors are required to submit weeklycertified payroll documents five days after each pay period to the City and will bemonitored/audited for compliance. The City will investigate discrepancies in the audit aswell as prevailing wage claims, and may request further documentation or proof ofcompliance. In the event that the City or Agency determines that Contractor has failed topay any of its employees in accordance with the appropriate prevailing wage rate,findings will be reported to the Department of Labor and/or the difference between theamount paid and amount owed for prevailing wages from any amount owed contractorwill be withheld until such time as the payment dispute is fully and finally resolved.g. Requirement – For Construction Services, Electronic Payroll Submittals - The primecontractor and all subcontractors must submit all certified payrolls via the LCPtrackerSystem, in accordance with the City of Oakland’s Local and Small Local BusinessEnterprise Program. The monthly service charge for Prime contractors is $160.00 permonth for contracts less than 5 million dollars and $320.00 for contracts greater than 5million dollars; subcontractors will not be charged for this service.h. Preference Points – Preference points are earned based on the level of participationproposed prior to the award of a contract. Upon satisfying the minimum fifty percentrequirement, a consultant will earn two (2) preference points. Three additional preferencepoints may be earned at a rate of one point for every additional ten percent participationup to eighty percent participation of the total contract dollars spent with local Oaklandcertified firms.i. A firm may earn up to five (5) preference points for local Oakland business participationand additional preference points for being a long term certified business in Oaklandregardless of size and for having an Oakland workforce.j. In those instances where VSLBE participation is evident, the level of participation will bedouble-counted towards meeting the requirement.k. Additional Preference Points. For Request for Proposal (RFP) and Request forQualifications (RFQ), additional Preference Points may be earned for having an OaklandPage 17 of 24

workforce on Non-Construction Contracts.l. Earning extra preference points for having an existing work force that includes Oaklandresidents is considered added value. The Request for Proposal “evaluation” processallows for additional preference points over and above the number of points earned fortechnical expertise. Typically 100 points may be earned for the technical elements of theRFP. Preference points are awarded over and above the potential 100 points.m. The Exit Report and Affidavit (ERA) – This report declares the level of participationachieved and will be used to calculate banked credits. The prime consultant mustcomplete the Schedule F, Exit Report and Affidavit for, and have it executed by, eachL/SLBE sub consultant and submitted to the Office of the City Administrator, Contractsand Compliance Unit, along with a copy of the final progress payment application.n. Joint Venture and Mentor Protégé Agreements. If a prime contractor or prime consultantis able to develop a Joint Venture or “Mentor-Protégé” relationship with a certified LBEor SLBE, the mentor or Joint Venture partners will enjoy the benefit of credits against theparticipation requirement. In order to earn credit for Joint Venture or Mentor-Protégérelationships, the Agreement must be submitted for approval to the Office of the CityAdministrator, Contracts and Compliance Unit, prior to the project bid date forconstruction, and by proposal due date for professional services contracts. Joint VentureApplications and elements of City approved Mentor Protégé relation are available uponrequest.o. Contractor shall submit information concerning the ownership and workforcecomposition of Contractor’s firm as well as its subcontractors and suppliers, bycompleting Schedule D, Ownership, Ethnicity, and Gender Questionnaire, and ScheduleE, Project Consultant Team attached and incorporated herein and made a part of thisAgreement.p. All affirmative action efforts of Contractor are subject to tracking by the City. Thisinformation or data shall be used for statistical purposes only. All contractors are requiredto provide data regarding the make-up of their subcontractors and agents who willperform City contracts, including the race and gender of each employee and/or contractorand his or her job title or function and the methodology used by Contractor to hire and/orcontract with the individual or entity in question.q. In the recruitment of subcontractors, the City of Oakland requires all contractors toundertake nondiscriminatory and equal outreach efforts, which include outreach tominorities and women-owned businesses as well as other segments of Oakland’sbusiness community. The City Administrator will track the City’s MBE/WBE utilizationto ensure the absence of unlawful discrimination on the basis of age, marital status,religion, gender, sexual preference, race, creed, color, national origin, Acquired-ImmuneDeficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability.r. In the use of such recruitment, hiring and retention of employees or subcontractors, theCity of Oakland requires all contractors to undertake nondiscriminatory and equalPage 18 of 24

outreach efforts which include outreach to minorities and women as well as othersegments of Oakland’s business community.5. Consultant’s QualificationsSee Section 5b in Sample Agreement and Schedule M - Independent ConsultantQuestionnaire, Part A.6. Prompt Payment Ordinance – See Section 17 of Sample Agreement.7. Arizona and Arizona-Based BusinessesSee Section 18 of Sample Agreement and Schedule B-2 - Arizona Resolution Declaration ofCompliance.8. Pending Dispute Disclosure PolicySee Section 19 in Sample Agreement and Schedule K – Pending Dispute Disclosure in theAPPENDIX.9. Non-Discrimination/Equal Employment Practices – See Section 22 of Sample Agreementand combined Schedule C-1, P, U, V - Declaration of Compliance with Americans withDisabilities Act, Nuclear Free Zone Disclosure, Compliance Commitment Agreement, andAffidavit of Non-Disciplinary or Investigatory Action.10. The City’s Living Wage OrdinanceSee Section 24 of Sample Agreement and Schedule N - Declaration of Compliance - LivingWage Ordinance.11. The City’s Prevailing Wage OrdinancePrevailing wages are required for all work performed under the C-10 licensed subcontractor.In addition, the subcontractor shall utilize the City’s selected electronic certified payrolltracking system – LCPtracker- a labor compliance software program. See APPENDIX B -Public Works Specifications, Section 7-2.12. Equal Benefits OrdinanceSee Section 25 of Sample Agreement and Schedule N-1 - Equal Benefits Declaration of Non-Discrimination.13. City of Oakland Campaign Contribution Limits – See Section 26 in Sample Agreement andSchedule O - Campaign Contribution Limits in the APPENDIX.14. Nuclear Free Zone DisclosureSee Section 27 in Sample Agreement and combined Schedule C-1, P, U, V - Declaration ofCompliance with Americans with Disabilities Act, Nuclear Free Zone Disclosure,Compliance Commitment Agreement, and Affidavit of Non-Disciplinary or InvestigatoryAction.13. Consultant Performance EvaluationAt the end of the project, the Project Manager will evaluate the Consultant’s performance inPage 19 of 24

accordance with the Consultant Performance Evaluation form included in the APPENDIX.14. Violation Of Federal, State, City/Agency Laws, Programs Or Policies:The City may, in their sole discretion, consider violations of any programs and policiesdescribed or referenced in this Request for Proposal a material breach and may takeenforcement action provided under the law, programs or policies, and/or terminate thecontract, debar contractors from further contracts with City and/or take any other action orinvoke any other remedy available under law or equity.15. Conflict of Interest/Confidentiality/City-Consultant RelationshipConsultant shall avoid all conflicts of interest and respect its relationship with the City bymaintaining confidentiality of materials deemed confidential by law. Consultant specificallyagrees to the following:a. Consultant covenants that it presently has no interest, and shall not have any interest,direct or indirect, which would conflict in any manner with the performance of servicesrequired under this RFP. Without limitation, the Consultant represents to and agrees withthe City that no conflict of interest is created between providing the City serviceshereunder and any interest Consultant may have with respect to any other person or entity(including but not limited to any federal or state regulatory agency) which has anyinterest adverse or potentially adverse to the City.b. The consultant understands and agrees to successfully provide the services requested bythis RFP. In addition, every communication between Consultant and the City or itsspecial counsel shall be considered to be a confidential communication between clientand lawyer (see California Evidence Code Section 952), and the confidential workproduct of the City Administrator, City Attorney and the City’s special counsel,respectively, and therefore shall be held in strict confidence. All reports, analysis, maps,diagrams or any documents prepared or assisted in the preparation of or by theConsultant, shall be considered to be prepared pursuant to said lawyer-client relationship.All of the above mentioned documents are also considered the work product of the CityAdministrator and shall not be communicated to any person except as specificallyauthorized in writing signed by the City Administrator and City Attorney.c. The Fair Political Practices Act and/or California Government Code Section 1090,among other statutes and regulations may prohibit the City from contracting with aservice provider if the service provider or an employee, officer or director of the serviceproviders’ firm, or any immediate family of the preceding, or any sub-consultant orconsultant of the service provider, is serving as a public official, elected official,employee, board or commission member of the City who will award or influence theawarding of the contract or otherwise participate in the making of the contract. Themaking of a contract includes actions that are preliminary or preparatory to the selectionof a Consultant such as, but not limited to, involvement in the reasoning, planning and/ordrafting of solicitations for bids and RFPs, feasibility studies, master plans or preliminarydiscussions or negotiations.Page 20 of 24

16. Rejection of Proposal ElementsAll responses to the RFP become the property of the City. The RFP does not commit theCity to award a contract or to pay any cost incurred in the preparation of the proposal.The City reserves the unqualified right to modify, suspend, or terminate at its solediscretion any and all aspects of the RFP and/or RFP process, to reject any or allproposals, whether or not minimum qualifications are met, and to modify, postpone, orcancel the RFP without liability, obligation, or commitment to any party, firm, ororganization. In addition, the City reserves the right to waive any defects as to form orcontent of the RFP or any responses by any consultant teams and to request and obtainadditional information from any candidate submitting a proposal. Furthermore, aproposal RISKS BEING REJECTED for any of the following reasons:• Proposal received after designated time and date.• Proposal received at other than the designated location.• Proposal not in compliance with the City of Oakland Local/Small Local BusinessEnterprise Program.• Proposal not containing the required elements, exhibits, nor organized in the requiredformat.• Proposal contain excess or extraneous material not called for in the RFP.• Proposal considered not fully responsive to this RFP.• Proposal that takes exception to the execution of the LED Conversion at no cost to theCity.V. EVALUATION AND INTERVIEW PROCESSA. Evaluation ProcessThe City has allocated approximately ten (10) working days for review of the proposals. Thefollowing specific criteria and the maximum possible points for each criterion, for a total of 100points, will be used in evaluating and rating the proposals.1. RELEVANT EXPERIENCE - 15 points maximuma. Experience providing services similar to those described in this RFP.b. Prior experience and ability to work with local government staff, community groups, andother stakeholders, and addressing the various interests in implementing a successfulLED conversion project.c. Professional background and qualifications of team members and firms comprising theteam.2. CONTRACT AMOUNT - 26 points maximuma. The contract amount is the sum total of all material, labor and project cost that wouldPage 21 of 24

ecome the long term debt to be repaid with electricity savings in a payback duration notto exceed 10-years. The contract amount is thus a product of the payback amount timesthe number of years of the payback duration.3. APPROACH - 17 points maximuma. Understanding of the nature and extent of the services required.b. Agreement to perform the work at no cost to the City.c. A specific outline of how the work will be performed.d. A timeline for the execution of the work.e. Financing plan and payback.f. Awareness of potential problems and providing possible solutions.g. Special resources the team offers that are relevant to the successful completion of theproject.4. ORGANIZATION - 15 points maximuma. Current workload.b. Available staff.c. Resources.d. Capacity and flexibility to meet schedules, including any unexpected work.e. Ability to perform on short notice and under time constraints.f. Cost control procedures in design, procurement, construction and documentation.g. Ability to perform coordination with PG&E.5. MATERIALS - 17 points maximuma. Made in the USA.b. Certified products that are listed and classified by Underwriters Laboratories, Inc. orother testing firm acceptable to the City as suitable for purpose specified and shown.c. Consultant’s Luminaries Photometric Evaluation that the proposed products will meet orexceed the application.6. OTHER FACTORS - 10 points maximuma. Risk, references, track records, completeness, clarity and responsiveness of proposal.7. PREFERENCE POINTS – 12.5 points maximum(In addition to possible 100 points for technical value)a. Oakland Business Level of Participation: 2 to 5 pointsb. Local Oakland Business Participation: 0 to 5 pointsc. Long Term Oakland Business: 0 to 2.5 pointsB. Interview Process (This process is subject to change)Interviews of short-listed qualified candidates may be held if a selection is not made from theevaluation phase. In that event, the City may invite up to three teams for interview. The selectedteams will be notified in writing about the interview date and will be required to submit adetailed work scope, work schedule, and labor distribution spreadsheet (estimated hours by taskby the consultant) the day before the interview. The City plans to conduct the interviews withinPage 22 of 24

ten working days of notification.The interviews will last approximately one hour, with the time allocated equally between theteam’s presentation and a question-and-answer period. The teams should be prepared to discussat the interview their specific experience providing services similar to those described in theRFP, project approach, estimated work effort, available resources, and other pertinent areas thatwould distinguish them. Interviews will be held at City of Oakland, Municipal Services Center,7101 Edgewater Drive Building 2, Oakland, California 94621.Overall Rating Criteria: The following specific criteria and the points for each criterion, for amaximum total of 100 to 112.5 points, will be used in evaluating and rating the short-listedfirms:1. PRESENTATIONPresentation scoring criteria is similar to that of the proposal criteria.Item Category Points1 Relevant Experience 152 Contract Amount 263 Approach 175 Organization 156 Materials 177 Other Factors 108 Preference Points 0 to 12.5Total 100 to 112.5VI.SELECTION PROCESSA. Contract Negotiations and Award (This process is subject to change)The completion of this evaluation process will result in the consultant being numerically ranked. Theconsultant ranked first will be invited to participate in contract negotiations. The City may requirethe consultant to submit technical information or other revisions to the consultant’s qualifications asmay result from negotiations. Should the City and the first ranked consultant not be able to reach anagreement as to the contract terms within a reasonable timeframe, the City may terminate thenegotiations and begin negotiations with the consultant that is next in line.The contract amount (including reimbursements) shall be a not-to-exceed amount, to be establishedbased upon a mutually agreeable Scope of Services and fee schedule. The City will withhold thefinal 10% of contract amount pending successful completion of work.Once a final award is made, all RFQ responses, except financial and proprietary information, becomea matter of public record and shall be regarded by the City as public records. To withhold financialand proprietary information, please label each page as "confidential" or "proprietary". Although adocument may be labeled "confidential" or "proprietary", information is still subject to disclosurePage 23 of 24

under the Public Records Act or Sunshine Ordinance, and is, at the City's discretion, based on thepotential impact of the public’s interests whether or not to disclose "confidential" or "proprietary"information. The City shall not in any way be liable or responsible for the disclosure of any suchrecords or portions thereof if the disclosure is made pursuant to a request under the Public RecordsAct or the City of Oakland Sunshine Ordinance.Upon successful completion of the negotiations, the City Administrator will award the contract to theselected consultant. Upon award the City will issue a Notice To Proceed (NTP). A sample Citystandard professional services agreement is included in this RFP. The selected consultant will berequired to enter into a contract that contains terms and conditions as presented in the standardagreement. Please note that the City Attorney’s Office is typically not inclined to make anymodifications to the standard agreement terms and provisions.The selected consultant and its sub-consultants will be required to maintain auditable records,documents, and papers for inspection by authorized local, state and federal representatives.Therefore, the consultant and its sub-consultants may be required to undergo an evaluation todemonstrate that the consultant uses recognized accounting and financial procedures.END OF RFPPage 24 of 24

VII.APPENDIXAPPENDIX A:APPENDIX B:APPENDIX C:APPENDIX D:APPENDIX E:APPENDIX F:APPENDIX G:Schedules Required With Proposal SubmissionSchedule E - Project Consultant Team ListingSchedule O – Campaign Contribution LimitsPublic Works Agency Specifications (Special Provisions)Sample Professional Services AgreementSchedule Q – Professional Services Insurance Requirements andSchedule Q – Construction Insurance Requirements1999 Amended City of Oakland Street Lighting WarrantsOutdoor Lighting StandardsStreet Classification - Oakland Present Rank (one of 61 sheets)APPENDIX H: City Grid Map (one of about 350 sheets of 11x17)APPENDIX I:APPENDIX J:APPENDIX K:APPENDIX L:APPENDIX M:City Oakchild Street Light Data Base (one of about 36,000 streetlights)Material SpecificationsLuminaires Photometric EvaluationProduct Submittal FormSchedule L1 - Consultant Performance Evaluation

Print FormSCHEDULE EPROJECT CONSULTANT TEAM LISTINGTo be completed by prime consultants only.Note:The consultant herewith must list all subconsultants regardless of tier and their respectivepercentages of the project work. No other subconsultants, other than those listed below shall beused without prior written approval by the City of Oakland. Provide all information listed and checkthe appropriate boxes. Firms must be certified with he City of Oakland in order to receiveLocal/Small Local Business Enterprise credits.Company Name:Signed:DateType of WorkCompany NameAddress and CityPhoneNumber% of ProjectWorkDollarAmountSubcontractorLocal (LBE)Small Local (SLBE)* Ethnicity** GenderAttach additional page(s) if necessary.Contractors are required to identify the ethnicity and gender of all listed firms majority owner. This information will be used for tracking purposes only.* (AA=African American) (AI=Asian Indian) (AP=Asian Pacific) (C=Caucasian) (H=Hispanic) (NA=Native American) (O=Other) (NL=Not Listed)** (M = Male) (F = Female)(Revised as of 6/06)

ATTENTION: CONTRACTORS DOING BUSINESSWITH THE CITY OF OAKLANDIMPORTANT NOTICE OF CAMPAIGNCONTRIBUTION REPORTING REQUIREMENTS________________________________________________________________The Oakland Campaign Reform Act prohibits contractors doing business orseeking to do business with the City of Oakland, the Oakland RedevelopmentAgency or the Oakland Unified School District from making campaigncontributions to Oakland candidates between commencement of negotiationsand either one hundred eighty (180) days after completion or termination ofcontract negotiations.Effective July 27, 1999, if you are a contractor doing business with, or submittinga proposal to do business with, the City of Oakland or the OaklandRedevelopment Agency, you are required, pursuant to the City’s CampaignReform Act, to sign and date the attached ACKNOWLEDGEMENT OFCAMPAIGN CONTRIBUTION LIMITS FORM at the time you formally submit abid, proposal, qualification or contract amendment. 1The attached ACKNOWLEDGEMENT must be received at the same time the bid,proposal, qualification or contract amendment is submitted. Contracts may notbe awarded to any contractors who have not signed this certification. Inaddition, failure to file this form with any proposal or submittal subject to Section3.12.140 of the Oakland Campaign Reform Act, or filing a falseacknowledgement, shall subject you to the criminal and civil enforcementprovisions contained in the Act. The Oakland Public Ethics Commission ischarged with enforcing the provisions of the Act.The City Clerk shall keep an updated list of current contractors available forinspection. The Campaign Reform Act, Oakland Municipal Code Section 3.12, isavailable for your review at the City Clerk’s Office, One Frank Ogawa Plaza, 2 ndFloor, Oakland, CA. You may also access the Campaign Reform Act on theCity’s website at www.oaklandnet.com.1 The attached ACKNOWLEDGEMENT is required for contractors seeking todo business with the City of Oakland and Oakland Redevelopment Agency. Forcontracts with the Oakland Unified School District, please contact the OaklandUnified School District.

SCHEDULE OCONTRACTOR ACKNOWLEDGEMENT OF CITY OF OAKLAND CAMPAIGN CONTRIBUTION LIMITSFOR CONSTRUCTION, PROFESSIONAL SERVICE & PROCUREMENT CONTRACTSTo be completed by City Representative prior to distribution to ContractorCity Representative _______________________________ Phone _______________ Project Spec No. ________Department ________________________Contract/Proposal Name ______________________________________This is an ___ Original ___ Revised form (check one). If Original, complete all that applies. If Revised, completeContractor name and any changed data.Contractor Name ______________________________________________________ Phone _____-_____-________Street Address ________________________________________City ________________, State _____ Zip _______Type of Submission (check one) ___ Bid ___Proposal ___ Qualification ___ AmendmentMajority Owner (if any). A majority owner is a person or entity who owns more than 50% of the contracting firm or entity.Individual or Business Name ____________________________________________ Phone _____-_____-________Street Address ________________________________________City ________________, State _____ Zip _______The undersigned Contractor's Representative acknowledges by his or her signature the following:The Oakland Campaign Reform Act limits campaign contributions and prohibits contributions fromcontractors doing business with the City of Oakland and the Oakland Redevelopment Agency duringspecified time periods. Violators are subject to civil and criminal penalties.I have read Oakland Municipal Code Chapter 3.12, including section 3.12.140, the contractor provisions ofthe Oakland Campaign Reform Act and certify that I/we have not knowingly, nor will I /we makecontributions during the period specified in the Act.I understand that the contribution restrictions also apply to entities/persons affiliated with the contractor asindicated in the Oakland Municipal Code Chapter 3.12.080.If there are any changes to the information on this form during the contribution-restricted time period, I will file an amendedform with the City of Oakland.Signature____/____/____DatePrint Name of SignerPositionTo be Completed by City of Oakland after completion of the formDate Received by City: ____/____/____By ___________________________________________________Date Entered on Contractor Database: ____/____/____ By _________________________________________Revised 3/2/2009

APPENDIX BPUBLIC WORKS AGENCY (PWA)SPECIFICATIONS******GENERALThe work embraced herein shall be done in accordance with the “Standard Specifications for the PublicWorks Construction, 2009 Edition” (GREEN BOOK) adopted by City Council Ordinance No. 13039 C.M.S.on October 5, 2010, all referred to hereinafter as the “Standard Specification,” insofar as the same mayapply, and in accordance with the 2002 “City of Oakland Standard Details” and these Special Provisions. Inaddition, the State of California, Department of Transportation, Standard Specifications and Standard Plans,dated May 2006, shall apply for certain applicable State Standard drawings that are specified herein.Copies of the 2002 “City of Oakland Standard Details” are available online athttp://www2.oaklandnet.com/Government/o/PWA/o/EC/s/DGP/OAK025902Copies of said “Standard Specifications for Public Works Construction, 2009 Edition,” (GREEN BOOK) isavailable at http://www.bnibooks.com.PAYMENTFull compensation for furnishing all labor, materials, water, tools, and equipment, and for performing all workshown on the plans and/or covered in the Specifications, including excavation for form work and removal anddisposal of all waste surplus materials, shall be considered as included in the unit and lump sum prices bidfor the various items of work covered in the estimate, complete in place. Payment for the work will be madein accordance with Section 9, “MEASUREMENT AND PAYMENT” of the Standard Specifications.DESCRIPTION OF WORKThe work to be done under the contract is described in general terms in the Notice Inviting Bids. The workincludes all items listed in the proposal and other such work as specifically shown on the plans or included inthe specifications.SPECIAL PROVISIONSIn the following Special Provisions, the numbers in the prefix, as well as the title, used for each section orsubsection (e.g., “1-2 DEFINITIONS”) are the same as the number in the prefix of the section or subsectionof the Standard Specifications affected by that portion of the Special Provisions. When the text refers to theSpecifications it is intended that this mean both the Standard Specifications and these Special Provisions.Oakland Street Lighting Conversion ProjectProject Special Provisions D-1 Bid Documents: Feb 2012 Update

APPENDIX BCITY OF OAKLANDPUBLIC WORKS AGENCY (PWA)SPECIAL PROVISIONSPART 1 - GENERAL PROVISIONSPart 1 of the Special Provisions shall conform to Part 1 of the Standard Specifications except as modifiedherein.SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, ANDSYMBOLS1-2 DEFINITIONS.CHANGE THE DEFINITIONS OF THE FOLLOWING WORDS OF SUBSECTION 1-2:Addendum: A change or changes made in one or more of the contract documents after bids are invitedand before bids are received.Agency: The City of Oakland, California, a municipal corporation.Board: The Council of the City of Oakland.Contract: The written agreement covering performance of the work including, but not limited to, theexecuted formal contract, notice inviting bids, proposal, bonds, plans, specifications, addenda and anyexecuted change orders.Engineer: The City Engineer of the City of Oakland, acting either directly or through authorized agents,such agents acting within the scope of the particular duties entrusted to them.ADD THE FOLLOWING NEW DEFINITIONS TO SUBSECTION 1-2:Acceptance: The Engineer’s formal written acceptance of an entire contract that has been completed inall respects in accordance with the plans and specifications and any modifications thereof previouslyapproved.Architect: Same as "Engineer."Building Sewer: The 4-inch, 5-inch, 6-inch, or 8-inch sewer pipe, also known as "lateral", within boththe public right-of way and the private property connecting the building or house to, and including, theconnection at the public sewer in the right-of-way or easement. Includes both the "house sewer" and the"house connection sewer."Building Sewer Connection: (House Connection) The connection at the public sewer in the publicright-of-way or easement, to the 4-inch, 5-inch, 6-inch, or 8-inch building sewer.CEDA Director: The Director of Development for the Community and Economic Development AgencyCity: Same as "Agency."City Clerk: The City Clerk of the City of Oakland.Council: Same as "Board."City Administrator: City Administrator of the City of Oakland.City Manager: Former term for the City Administrator of the City of Oakland.City Treasury: City Treasury of the City of Oakland.Contract Administration: The Contract Administration Division of the Department of Contracting ofPurchasing. This division is responsible for advertising, bidding and executing the contracting process.Contract Compliance: The Contract Compliance Division of the Department of Contracting ofPurchasing. Contract Compliance Officer: A subordinate of the Department of Contracting andPurchasing Director who is responsible for enforcement of the labor, subcontractor, and supplierprovisions of the contract.Electrolier Standard: The shaft or pole used to support the luminaire arm, luminaire, etc.Inspector: Same as "Engineer."Hearing Officer: The Engineer or his/her designee. The Hearing Officer shall be at least oneadministrative level above the Inspector or Resident Engineer assigned to the project.Laboratory: The official materials testing laboratory of the City of Oakland or other laboratoriesauthorized by the Engineer to provide quality assurance.Landscape Architect: Same as "Engineer."Oakland Street Lighting Conversion ProjectProject Special Provisions D-2 Bid Documents: Feb 2012 Update

APPENDIX BLocal Public Agency: The City of Oakland.Lower Lateral: (House Connection Sewer) That portion of the building sewer existing from the buildingsewer connection to the Two-Way cleanout.Owner: The City of Oakland.Payment Bond: Material and Labor Bond.Performance Bond: Faithful Performance Bond.Public Body: The City of Oakland.Two-way Cleanout: (Also known House Connection Cleanout or 2-Way Cleanout.) A 4-inch or 6-inchtwo-way fitting, no hub, cast iron cleanout installed on the building sewer within the public right-of-way.Upper Lateral: (House Sewer) That portion of the building sewer existing from the Two-Way Cleanoutto the building connection.1-3 ABBREVIATIONS.ADD THE FOLLOWING NEW ABBREVIATIONS TO SUBSECTION 1-3:ABAG: Association of Bay Area GovernmentsADA: Americans with Disability ActCAL-OSHA: California Occupational Safety and Health AdministrationCALTRANS: California Department of TransportationCEDA: Community and Economic Development Agency, Department of Development of the City ofOaklandEBMUD: East Bay Municipal Utility DistrictEDA: Economic Development AdministrationHR: HourHUD: United States Department of Housing and Urban DevelopmentOMC: Oakland Municipal CodeISA: International Society of ArboriculturePAV: Pressure Aging VesselPWA: Public Works Agency of the City of OaklandRTFO: Rolling Thin Film OvenPG: Performance GradedSFRWQCB: San Francisco Regional Water Quality Control BoardSECTION 2 - SCOPE AND CONTROL OF WORKCHANGE SUBSECTION 2-1 TO READ:2-1 AWARD AND EXECUTION OF CONTRACT.2-1.1 City Ordinance. The bidder shall conform to provisions of Ordinance No. 7937 CMS of the City ofOakland, as amended, that may be applicable to its bid or to the contract awarded it.2-1.2 Approximate Estimate. Unless otherwise specified in the Special Provisions or bid documents asbeing lump sum items, any quantities given in the specifications, proposal and contract forms areapproximate only, being given as a basis for comparing bids. The City of Oakland, does not, expressly or byimplication, agree that the actual work amount will correspond therewith, but reserves the right to increase ordecrease the amount of any class or portion of the work or to omit portions of the work, as may be deemednecessary or advisable by the Engineer.2-1.3 Examination of Plans, Specifications, and Site of Work. The bidder shall examine carefully thecontemplated work site and the proposal, plans, specifications and contract forms. It will be assumed thatthe bidder has investigated and is satisfied as to the conditions to be encountered, as to the character,quality, and quantities of work to be performed and materials to be furnished, and as to the requirements ofthese specifications and the contract. It is mutually agreed that submission of a proposal shall be consideredprima facie evidence that the bidder has made such examination.2-1.4 Proposal Form. All proposals must be made upon forms contained in the proposal section of thebound project documents.Bids are required for the entire work. The bid amount, for comparison purposes, will be the total of allitems. The total of unit basis items will be determined by extension of the item price bid on the basis of theestimated quantity set forth for the item.The bidder shall set forth for each item of work, in clearly legible figures, an item price and a total pricefor the item in the respective spaces provided for this purpose. In the case of unit basis items, the amountOakland Street Lighting Conversion ProjectProject Special Provisions D-3 Bid Documents: Feb 2012 Update

APPENDIX Bset forth under the "Total" column shall be the extension of the item price bid on the basis of the estimatedquantity.In case of a discrepancy between the item price and the total set forth for the item, the item price shallprevail. However, if the amount set forth as an item price is ambiguous, unintelligible, or uncertain for anycause, or if omitted, or in the case of unit basis items, is the same amount as the entry on the "Total" column,then the amount set forth in the "Total" column for the items shall prevail in accordance with the following:1) As to lump sum items, the amount set forth in the "Total" column shall be the item price.2) As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimatedquantity for the item and the price thus obtained shall be the item price. All bids shall be clearly anddistinctly written. The bidder, who shall fill in all blanks in the proposal forms as therein required, shallsign the proposal.3) As to add or subtract alternate bids, any discrepancy between the proposal form and changes madeby the bidder, the amount shown will be for the alternate as shown on the proposal form.2-1.9 Award of Contract. The contract award, if made, will be by the Council and will be to the lowestresponsible bidder whose proposal complies with all the requirements of the Specifications and OrdinanceNo. 7937 CMS as amended. The award, if made, will be made within 60 days after the opening of the bidsor as specified in the Special Provisions. The Contractor will be required to hold prices for that 60 days. Allbids will be compared on the basis of the Engineer's estimate of quantities of work to be done and/or lumpsum bid items. The Council reserves the right to waive any informality or minor irregularity in the bids.2-1.10 Contract Execution. The contract shall be signed by the successful bidder and returned togetherwith the contract bonds, appropriate insurance documents and a copy of Form DE6 (Quarterly Wage Report)for the prime and subcontractors listed in the bid proposal, within 20 days after the receipt of such contract. Ifthe bidder fails or refuses to enter into the contract to do the work, or fails to provide the contract bonds,appropriate insurance documents and the prime and subcontractor’s Form DE6 (Quarterly Wage Report) asrequired, then the certified check or bid bond accompanying this bid and the amount herein mentioned shallbe forfeited, and/or a fine of $1,000 per day, shall be collected by the City of Oakland and paid into the CityTreasury.2-1.11 Return of Guaranty of the Successful Bidder. The check, or bid bond accompanying theaccepted bid will be held by the City Clerk until the contract has been entered into, and the bondsaccompanying the same are approved and filed, whereupon the certified check or bid bond will be returnedto the successful bidder.2-3 SUBCONTRACTS.2-3.2 Self Performance.DELETE SUBSECTION 2-3-2.2-3.3 Status of Subcontractors.DELETE THE THIRD PARAGRAPH OF SUBSECTION 2-3.3ADD NEW SUBSECTION 2-3.4:2-3.4 Miscellaneous. The Contractor may utilize the service of specialty Subcontractors on those parts ofthe work that, under normal contracting practices, is performed by specialty Subcontractors.The Contractor shall not award any work to any Subcontractor without prior written approval of the City.Approval will not be given until the Contractor submits to the City a written statement concerning theproposed award to the Subcontractor, which statement shall contain such information as the City mayrequire.The Contractor shall be as fully responsible to the City for the acts and omissions of persons directlyemployed by him.The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the workto bind Subcontractors to the Contractor by the terms of the General Provisions and other contractdocuments insofar as applicable to the work of Subcontractors and to give the Contractor the same power asregards terminating any subcontract that the City may exercise over the Contractor under any provisions ofthe contract documents.Nothing contained in this contract shall create any contractual relation between any Subcontractor andthe City.2-4 CONTRACT BONDS.REPLACE THE SECOND AND THIRD SENTENCES OF THE FIRST PARAGRAPH WITH THEFOLLOWING:Oakland Street Lighting Conversion ProjectProject Special Provisions D-4 Bid Documents: Feb 2012 Update

APPENDIX BAll surety bonds, including bid, performance and payment bonds, must be furnished by a corporate suretyadmitted in the State of California or Lloyds of London, except as follows:If the contract award is $5,000,000 or less, the surety bond may be furnished by a United Statesnon-admitted corporate surety which appears on the Treasury List subject to the bonding limitswhich the Treasury List imposes on such surety; or,If the contract award is $1,000,000 or less, the surety bond may be furnished by a United Statesnon-admitted corporate surety which has an A.M. Best rating of A+; or,If the contract award is $500,000 or less, the surety bond may be furnished by a United Statesnon-admitted corporate surety that has an A.M. Best rating of A-.ADD THE FOLLOWING AFTER THE SECOND SENTENCE OF THE THIRD PARAGRAPH:The percentage of the Payment Bond shall be as listed on page A1 of the Notice Inviting Bids (or, for federalprojects, page B1 of the Notice to Contractors). The Payment Bond shall guarantee payment of all claims forlabor and material unfurnished, for amounts due under the Unemployment Insurance Act with respect tosuch work or labor, or any amounts required to be deducted, withheld and paid over to the Franchise TaxBoard from the wages of employees pursuant to Section 18806 of Revenue and Taxation Code with respectto such work and labor as required by the California Civil Code Section 3247, et. seq.REPLACE THE FOURTH PARAGRAPH WITH THE FOLLOWING:The percentage of the Performance Bond shall be as listed on page A1 of the Notice Inviting Bids (or, forfederal projects, page B1 of the Notice to Contractors). The Performance Bond shall guarantee faithfulperformance of all work, within the time prescribed, in a manner satisfactory to the Agency, and that allmaterials and workmanship will be free from original or developed defects. The Performance Bond mustremain in effect until the end of all warranty periods set forth in the Contract.2-5 PLANS AND SPECIFICATIONS.2-5.1 General.ADD THE FOLLOWING TO THE END OF SUBSECTION 2-5.1:All work shall be performed in compliance with all applicable (most recent editions) federal, state and localcodes, code amendments, and ordinances such as, but not limited to, the following:California Manual of Uniform Traffic Control Devices (MUTCD);Uniform Building Code, State Building Code,Uniform Plumbing Code,Uniform Mechanical Code,Uniform Fire Code,Uniform Electrical Code,"Work Area Traffic Control Handbook."Unless otherwise noted in the contract documents, the Uniform Building Code shall apply to the construction,alteration or repair of all City facilities including bridges, pedestrian walkways, and pumping stations.2-5.3 Submittals.ADD NEW PARAGRAPHS AT END OF SUBSECTION 2-5.3.3 TO READ:Attachment 1, the project submittal list, at the end of the Special Provisions details project submittalrequirements. This list is intended to be comprehensive, but no claim for completeness is implied, andsubmittal of each and every item on the lists shall not relieve the Contractor of supplying all informationneeded, or of complying with any of the other requirements of the specifications. Revised lists may beissued and items may be added to the list supplied.The Contractor shall use Attachment 2, the submittal transmittal form at the end of the SpecialProvisions, to certify that the proposed submittal meets the requirements of the project Special Provisionsand the Standard Specifications. This form indicates what party (i.e. Contractor = CONTR; Subcontractor =SUB) shall sign the transmittal form.The Contractor is responsible for providing all required submittals. The City may request additionalitemized lists of materials, equipment and fixtures furnished and installed by the Contractor. These requestsfor itemized lists shall be made in writing specifying the items and details required. The Contractor shallprovide these itemized lists within ten working days of the receipt of the written request. The Contractor’sfailure to provide said lists will delay payment to the Contractor until such lists are received. In the event thatmaterial, equipment and fixture lists are requested and not timely received at the conclusion of fieldOakland Street Lighting Conversion ProjectProject Special Provisions D-5 Bid Documents: Feb 2012 Update

APPENDIX Bconstruction, the Engineer may withhold the retention payment until requested lists are received andapproved by the Engineer.The Contractor shall provide submittals showing the locking or theft-deterrent mechanisms to beinstalled on all City streetscape furniture such as trash receptacles, benches, tree grates, bollards,newspaper racks, etc. Such mechanisms shall be as recommended by the product manufacturer. Suchtheft-deterrent devices shall not pose a tripping hazard to pedestrians. The Contractor shall not order theseitems until the Engineer has approved the locking procedure detailed in the submittal.ADD NEW SUBSECTION 2-5.3.5 TO READ:2-5.3.5 Submittal Schedule. The Contractor shall, within fifteen (15) calendar days after receipt from theCity of the Notice to Proceed on this Contract, or another period of time as determined by the City, prepareand submit to the City, for Review and Concurrence, a comprehensive submittal schedule. This scheduleshall identify all submittal items required by the Contract, or as otherwise requested by the City.The submittal schedule shall include the date by which the item will be submitted to the City, whether thesubmittal is for approval or for record, the date by which approval is required, and the date by which thematerial or equipment must be on site in order not to delay the progress of the Work.In preparing the submittal schedule, the Contractor shall consider the nature and complexity of eachsubmittal item and shall allow adequate time for review, revision or correction, resubmittal, and approvalsufficiently in advance of the construction requirements in order not to delay the progress of the Work. Thesubmittal schedule shall allow adequate time for review of each submittal item prior to submittal to the City.Review and Concurrence of the submittal schedule is a precondition to the City making the first progresspayment under the payment provisions of this contract.ADD NEW SUBSECTION 2-5.3.6 TO READ:2-5.3.6 Certificates of Compliance. A Certificate of Compliance shall be furnished prior to the use of anymaterials for which these specifications or the special provisions require that a certificate be furnished. Inaddition, when so authorized in these specifications or in the special provisions, the Engineer may permit theuse of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate ofCompliance. The certificate shall be signed by the manufacturer of the material or the manufacturer ofassembled materials and shall state that the materials involved comply in all respects with the requirementsof the specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to thework and the lot so certified shall be clearly identified in the certificate.Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. Thefact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor ofresponsibility for incorporating material in the work which conforms to the requirements of the plans andspecifications, and any material not conforming to the requirements will be subject to rejection whether inplace or not.The City reserves the right to refuse to permit the use of material on the basis of a Certificate ofCompliance.The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.2-6 WORK TO BE DONE.ADD NEW PARAGRAPH TO THE END OF SUBSECTION 2-6 TO READ:Any work done beyond lines and grades established by the Engineer pursuant to the plans or any extrawork done without written authority of the Engineer, shall be considered as unauthorized work and nocompensation will be allowed therefor. The Engineer shall have the authority to have such work removedand the area restored, and to deduct the cost thereof from money due the Contractor.REPLACE SUBSECTION 2-8 WITH THE FOLLOWING:2-8 RIGHT-OF-WAY. The Contractor shall perform work within the public right-of-way or easements shownon the plans. The right to enter onto private property outside the public right-of-way or easement shall beobtained in writing from the property owner by the Contractor at the Contractor's expense. Mobilization andstaging areas outside the City right-of-way shall be obtained at the Contractor's expense.The Contractor shall be solely responsible for damages to persons or property occurring during or as aresult of the Contractor's entry onto private property outside the right-of-way or easement area.The Contractor shall defend and hold the City harmless from any and all claims, causes of action,demands or judgments resulting from the Contractor's entry onto private property outside the right-of-way oreasement area.Oakland Street Lighting Conversion ProjectProject Special Provisions D-6 Bid Documents: Feb 2012 Update

APPENDIX B2-9 SURVEYING.2-9.1 Permanent Survey Markers.REPLACE THE LAST SENTENCE OF THE FIRST PARAGRAPH OF SUBSECTION 2-9.1 WITH THEFOLLOWING:Markers that otherwise are lost or disturbed by its operations shall be replaced at the Contractor's expenseby a City survey crew or by a person licensed to practice land surveying in California as determined by theEngineer.2-10 AUTHORITY OF BOARD AND ENGINEER.ADD THE FOLLOWING THREE PARAGRAPHS TO SUBSECTION 2-10:No member of or Delegate of Congress, or Resident Commissioner shall be admitted to any share orpart of this contract or to any benefit that may arise there from, but this provision shall not be construed toextend to this contract if made with a corporation for its general benefit.No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make,accept or approve, or to take part in negotiating, making, accepting or approving any architectural,engineering, inspection, construction or material supply contract or any subcontract in connection with theconstruction of the project, shall become directly or indirectly interested personally in this Contract or in anypart hereof. No officer, employee, architect, attorney, engineer or inspector of or for the City who isauthorized in such capacity and on behalf of the City to exercise any legislative, executive, supervisory, orother similar functions in connection with the construction of the project, shall become directly or indirectlyinterested personally in this contract or in any part thereof, any material supply contract, subcontract,insurance contract or any other contract pertaining to the project.Prior federal approval may be required on changes in the work and final acceptance.ADD NEW SUBSECTION 2-12 TO READ:2-12 GUARANTEE. The Contractor shall guarantee the work, in general, for one year after completion andacceptance by the City. The Contractor shall be held responsible for and must correct or repair any defectsarising or discovered in any part of its work within this one-year period after completion and acceptance ofthe work by the City of Oakland.On projects involving underground construction (such as pipe laying, electrical or liquid-carrying conduitinstallation, sewer repair, replacement or installation, trenching, backfilling, and paving, etc.), the Contractorshall guarantee the work, in general, for two years after completion and acceptance by the City. TheContractor shall be held responsible for and must correct or repair any defects arising or discovered in anypart of its work within this two-year period after completion and acceptance of the work by the City ofOakland.On projects involving both underground construction and above ground construction, only the workrelated to the underground portion of the total project will be covered by the two-year guarantee stated inparagraph two of this subsection. All other work on the project will be covered by the one-year guaranteestated in paragraph one of this subsection.ADD NEW SUBSECTION 2-13 TO READ:2-13 RE-INSPECTION AT THE END OF THE WARRANTY PERIOD. The Contractor shall include in thebid the cost for re-inspection of completed work just prior to the expiration period of the warranty. TheContractor and Engineer shall meet on the project site and together re-inspect all of the work just prior to theexpiration of the warranty period. If any warranty items are discovered then corrective work shall completedwithin 60 calendar days.SECTION 3 - CHANGES IN WORK3-1 CHANGES REQUESTED BY THE CONTRACTOR.REPLACE SUBSECTION 3-1.1 WITH THE FOLLOWING:3-1.1 General. The General Contractor shall submit to the Engineer, in writing, requests for changes inproducts, materials, equipment, and construction methods required by the contract documents. Theserequests for changes will be received and considered by the Engineer when the Contractor hasdemonstrated and/or indicated in writing that:the request does not require extensive revision to the contract documents;that the proposed changes are in keeping with the general intent of the contract documents; andOakland Street Lighting Conversion ProjectProject Special Provisions D-7 Bid Documents: Feb 2012 Update

APPENDIX Bthe request is timely, fully documented and properly submitted.In addition, the requests for changes will only be considered if they do not impair, in any manner, essentialproject functions or characteristics, including but not limited to service life, economy of operation, ease ofmaintenance, desired appearance, or design and safety standards. These requests for changes shall besubmitted only during the substitution period stipulated in the contract documents, or within 15 calendar daysof the Notice to Proceed date if no substitution period is stipulated. All requests received more than 15calendar days after the Notice to Proceed date or after the stipulated substitution period will be rejected.It is not the intent of these Specifications to exclude the use of any meritorious product of equal value,however the burden of proof of equality lies with the Contractor. Proposed substitutions that increase thecost of Work or Contract Time will not be accepted.Substitution requests shall meet the following requirements:a) The Contractor shall present each substitution request individually. If the proposed substitute isfound to be not acceptable, then the specified item shall be supplied.b) For any substitution request to be considered, it must be submitted in six copies, the first page ofeach shall be a completed Attachment 3, “MATERIAL OR PRODUCT OR METHOD SUBSTITUTIONREQUEST. Attachment 3 (located in the Attachments section at the end of the Special Provisions)must be filled out within its entirety. The Contractor’s failure to do so will result in immediate returnof the request to the Contractor without the City’s review.c) If the City deems the proposed substitute to be acceptable, authorization for its inclusion in theWork will be issued as a Change Order with appropriate action.d) The Contractor’s failure to order materials and/or equipment in a timely manner will not constitutejustification for substitution.e) A substitution request constitutes a representation that the Contractor:(1) has investigated the proposed product/method of rehabilitation and determined that it meets orexceeds the quality level of the specified item;(2) will provide the same warranty for the substitution as for the specified item;(3) will coordinate installation and make changes to other work which may be required for the workto be completed with no additional cost to the City;(4) waives claims for additional cost or time extension which may subsequently become apparent;(5) waives claims and assume responsibilities at no cost to the City to resolve any conflict as aresult of the substitution; and(6) will reimburse the City for review or redesign services associated with re-evaluation process.f) Substitutions will not be considered without separate written request when they are indicated orimplied on shop drawing or product data submittals. Substitutions will also not be considered whenacceptance will require untimely revisions to the Contract Documents.g) No substitutions shall be incorporated in the project without the Engineer’s written approval. TheEngineer will render his/her written decision not later than 35 calendar days after receipt of anyproposed substitutions.h) The City may require the Contractor to furnish a written warranty, with adequate safeguards to theCity, assuring satisfactory performance of a proposed substitute item or system for a statedminimum period of time, usually one year.i) The Contractor’s failure to submit a proposed substitution for approval in the manner describedabove, and within ample time before scheduled installation, shall be deemed sufficient cause for theEngineer’s disapproval of any substitution otherwise proposed.j) Substitutions may be considered when a product becomes unavailable through no fault of theContractor.Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materiallyaffect the Work and which are not detrimental to the Work or to the interests of the City, may be granted bythe Engineer to facilitate the Work, when approved in writing by the Engineer.3-2 CHANGES INITIATED BY THE AGENCY.REVISE SUBSECTION 3-2.1 TO READ:3-2.1 General. The Agency may change the plans, specifications, character of the work, or work quantity,provided the total arithmetic dollar value of all such changes, does not exceed the following percentages ofthe contract price.CONTRACT PRICE CHANGE ORDER LIMITATION$5 Million and over 10% of the contract price$2 to $5 Million 15% of the contract priceOakland Street Lighting Conversion ProjectProject Special Provisions D-8 Bid Documents: Feb 2012 Update

APPENDIX B$0.5 to $2 Million 20% of the contract priceLess than $0.5 Million 25% of the contract priceThe Agency delegates to the City Administrator or his/her designee the authority to approve suchchanges. Should it become necessary to exceed this limitation, the change shall be by written change orderbetween the Contractor and the agency, and shall be approved by the City Council.A contract change order, approved by the Engineer, may be issued to the Contractor at any time prior tocontract completion. Upon receipt of the approved contract change order, the Contractor shall proceed withthe ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work soordered prior to actual receipt of an approved contract change order therefore. In such cases, the Engineerwill, as soon as practical, issue an approved contract change order for such work. The provisions in 3-5"Disputed Work" shall be fully applicable to such subsequently issued contract change order.A contract change order, approved by the Engineer and executed by the Contractor, is an executedcontract change order.If the Contractor is delayed by the Agency due to Change Order work, such delay might entitle theContractor to a time extension but will not entitle the Contractor to damages or additional payment fromalleged impacts due to such delays, regardless of if the delay is avoidable or unavoidable unless the ChangeOrder work exceeds 20% of the original contract value.3-2.4 Agreed Prices.ADD THE FOLLOWING TO THE END OF SUBSECTION 3-2.4:Proposals for extra work submitted by the Contractor for increases or decreases to the contract price shallinclude a detailed cost estimate in the format and for the items described in Section 3-3.3-3 EXTRA WORK.3-3.2 Payment.3-3.2.2 Basis for Establishing Costs.REPLACE THE FIRST PARAGRAPH WITH THE FOLLOWING:3-3.2.2 (a) Labor. The Contractor will be paid the cost of labor for workers used in the actual and directperformance of the work. The labor cost will be the sum of the following:1) Actual Wages. The actual wages paid shall include, but not limited to, base wages plus anyemployer payments to or on behalf of the workers for health and safety, pension, welfare, vacation,holiday, sick leave, union training and similar purposes.2) Labor Surcharge. To the actual wages paid as defined in 1) above, will be added a laborsurcharge set forth in the CALTRAN's publication entitled “Labor Surcharge and Equipment RentalRates”, which is in effect on the date upon which the work is performed. This document is availableon the web at http://www.dot.ca.gov/hq/construc/eqrr/Book_2010.pdf. The labor surcharge shallconstitute full compensation for payments imposed by State and Federal laws for Workers'Compensation, Social Security, Medicare, Federal Unemployment, State Unemployment, and StateTraining taxes. Rates effective April 1, 2011 through March 31, 2012 are 11% for regular timeand 11% for overtime.CHANGE THE LAST PARAGRAPH OF SUBSECTION 3-3.2.2 (a) TO READ:Indirect labor costs including, but not limited to, superintendence, office personnel, timekeepers, andmaintenance mechanics shall be considered part of the markup of 3-3.2.3 (a). All labor classifications usedin the performance of extra work shall be subject to the Engineer’s approval.3-3.2.2(c) Tool and Equipment Rental.REPLACE THE SECOND PARAGRAPH OF SUBSECTION 3-3.2.2 (c) WITH THE FOLLOWING THREEPARAGRAPHS:The Contractor will be paid for the use of contractor-owned equipment at the current rental rates in effecton the work date as listed for such equipment in the State of California, Department of Transportationpublication entitled, "Equipment Rental Rate and General Prevailing Wage Rates." The Engineer willestablish a suitable rental rate if equipment other than that listed in the above publication is used for the workperformance.Equipment rented and not owned by the Contractor will be paid for at the actual rental rates from rentalinvoices provided by the Contractor. The rental time to be paid for equipment on extra work shall be the timethe equipment is in operation on the extra work being performed and twice the time required to move theequipment to the location of the extra work. However, moving time will not be paid for if the equipment isOakland Street Lighting Conversion ProjectProject Special Provisions D-9 Bid Documents: Feb 2012 Update

APPENDIX Bused at the site of the extra work on other than such extra work. The rental time paid per day will be inaccordance with the following:Hours Equipment is in Operation Hours to be Paid0-2 22-4 44-6 66-8 8Equipment at the work site idled due to unforeseen events not caused by the Contractor may becompensated for, as approved, by the Engineer. Compensation will be computed using the delay factor,overtime factor and rental rates listed for equipment in the most recently published State of CaliforniaDepartment of Transportation publication entitled "Equipment Rental Rate and General Prevailing Wages."CHANGE SUBSECTION 3-3.2.3 TO READ:3-3.2.3 Markup.(a) Work by Contractor. The following percentages shall be added to the Contractor's direct costs andshall constitute the full markup for all overhead and profits. Direct labor cost is defined as actual wages pluslabor surcharge.Direct Labor Cost 33%Materials 15%Equipment Rental 15%Other Items and Expenditures 15%This markup shall fully compensate the Contractor for all personnel not included in Section 3-3.2.2(a)hereinabove, indirect labor costs, bond and insurance premium, temporary construction facilities, fieldengineering, schedule updating, as-built drawings, home office cost, estimating cost, and any other indirectcost incidental to the performance of the change in Work.(b) Work by Subcontractor. When all or any part of the extra work is actually performed by a first tierSubcontractor, the markup established in 3-3.2.3(a) shall be applied to the first tier Subcontractor’s actualcost of such work calculated under Section 3-3.2.2 hereinabove. The Contractor may add a markup of fifteenpercent (15%) on the first $5,000 of the total subcontracted portion of the extra work and a markup of sevenand one-half percent (7-1/2%) on work added in excess of $5,000 of the subcontracted portion of the extrawork.When the extra work is actually performed by a second or lower tier subcontractor, the total markup ofthe Contractor and the upper tier subcontractors shall not exceed eighteen percent (18%) on the first $5,000of the total subcontracted portion of the extra work, and ten percent (10%) on work added in excess of$5,000 of the subcontracted portion of the extra work.Markups on work performed by Subcontractors shall be considered full payment for estimating, handling,office processing and field superintendence of extra work.3-5 DISPUTED WORK.ADD THE FOLLOWING TWO PARAGRAPHSTO THE END OF SUBSECTION 3-5.Should the Contractor disagree with any terms or conditions set forth in an approved contract changeorder that it has not executed, it shall submit a written protest to the Engineer within two weeks after thereceipt of such approved contract change order, and proceed with the work. If a written protest is notsubmitted, payment will be made as set forth in the approved contract change order and such payment shallconstitute full compensation for all work included therein or required thereby. Such unprotested approvedcontract change orders will be considered as executed contractor change orders.The procedures in Section 3-5 through Section 3-8 are established for disputes and claims related to theconstruction aspect of the work. For other disputes and claims, such as compliance with the City’s SmallLocal Business Enterprise Program, the Local Employment Program, prevailing wages, stop notices, etc.,these procedures are not applicable.ADD NEW SUBSECTION 3-6:3-6 PROCEDURE FOR PROTEST BY THE CONTRACTOR. If in disagreement with some aspect of theWork, the Contractor shall:1. File a written Notice of Potential Claim with the Resident Engineer within five calendar days after theevent creating the disagreement.2. Supplement the written protest, within ten calendar days of its filing, with a written statement that:a. Cites contract provisions that support the protest,Oakland Street Lighting Conversion ProjectProject Special Provisions D-10 Bid Documents: Feb 2012 Update

APPENDIX Bb. Estimates the dollar cost, if any, of the protested work, andc. Estimates the amount of added time incurred, if any, and3. Provide the Resident Engineer with a written statement of actual adjustment requested withsupporting documentation as soon as possible.Throughout any protested work, the Contractor shall keep records of costs and time incurred. TheContractor shall furnish copies and permit the Resident Engineer access to these and any other recordsneeded in order to evaluate the protest.The Resident Engineer will evaluate all protests and potential claims and provide a written answer to theContractor within ten (10) calendar days of receipt of the supporting information described in (2) and (3)above. If a protest is valid, the Engineer will adjust contract time or payment by an equitable amount. Noadjustment will be made for an invalid protest.If the Contractor does not agree with the ruling of the project Resident Engineer, the Contractor maypursue the protest further by filing a formal claim as outlined in Section 3-7.By failing to follow the procedures of this subsection, the Contractor waives any claims for protested,claimed or disputed work.ADD NEW SUBSECTION 3-7:3-7 CLAIMS PROCEDURES. For claims of $375,000 or less, the Contractor shall use the acceleratedclaims procedures outlined in Subsections 3-7 and 3-8 of these Special Provisions.If the Contractor claims that additional payment or time is due and the Contractor has pursued andexhausted all the means provided in Sections 3-6 and 6-6 to resolve a dispute (protest or potential claim),the Contractor may file a claim as provided in this subsection.A Claims Resolution Hearing will be held within thirty (30) calendar days of a properly filed claim. Theclaim shall be addressed to the Supervising Civil Engineer or Construction Supervisor who will act asHearing Officer. The Hearing Officer will render a written decision within ten calendar days of the close ofthe Claims Resolution Hearing.If the written notifications provided in Sections 3-6 and 6-6 were not provided or if the Engineer is notafforded reasonable access to the Contractor’s records of actual cost and additional time incurred, or if aclaim is not filed as provided in this subsection, then the Contractor agrees to waive any claim for additionalpayment or time. The fact that the Contractor has provided proper notification, provided a properly filedclaim, or provided the Resident Engineer access to records of actual cost, shall not be construed as provingor substantiating the claim’s validity.If the Hearing Officer determines that the claim has merit, the Resident Engineer will make an equitableadjustment either in the amount of costs to be paid or in the time required for the work, or both. If theHearing Officer determines that the claim does not have merit, no adjustment will be made.All claims filed by the Contractor shall be in writing and in sufficient detail to enable the Hearing Officer toascertain the basis and amount of the claim. The City may request, in writing, any copies of any additionaldocumentation supporting the claim or relating to defense to the claim the City may have against thecontractor. At a minimum, the following information must accompany each claim submitted.1. A statement indicating that the Contractor is filing the claim under Section 3-7 of the SpecialProvisions.2. A detailed, factual statement of the claim for additional compensation and/or time, providing allnecessary dates, locations, and items of work affected by the claim.3. The name of each individual, official, or employee involved in or knowledgeable about the claim.4. The specific provisions of the Contract that support the claim and a statement of the reasons suchprovisions support the claim.5. Any documents and the written communications that support the claim, including but not limited to,daily reports, cancelled checks, original bid estimates and worksheets, payroll records, contractswith subcontractors, correspondences between contractor and subcontractors, etc.6. If a time extension is sought:a. The specific days and dates for which it is sought;b. The specific reasons the Contractor believes a time extension should be granted;c. An as-built critical path schedule that identifies all events causing delays to the project’scritical path.7. If additional compensation is sought, the exact amount sought and a breakdown of that amount intothe following categories (refer to Section 3-3):a. Direct labor,b. Direct materials.Oakland Street Lighting Conversion ProjectProject Special Provisions D-11 Bid Documents: Feb 2012 Update

APPENDIX Bc. Direct equipment. The rates claimed for each piece of equipment shall not exceed actualcosts. In the absence of actual equipment costs, the equipment rates, when in use,shall not exceed the rates established by the current CALTRANS Equipment RentalRate Manual. For each piece of equipment for which the claim is made the equipmentcost shall be broken down to identify the following:(1) Detailed description (e.g., Motor Grader Diesel Powered Caterpillar 12"G", etc.)(2) The hours of use or standby(3) The specific day and dates of use or standby.d. Job site overhead.e. Unabsorbed Home Office Overhead (general and administrative).f. Subcontractor's claims (same level of detail as specified herein for contractor's claims).8. The Contractor’s claim certificate (Attachment 4 at the end of these Special Provisions) shall besubmitted to the Agency. Failure to submit the notarized certificate will be sufficient cause fordenying the claim.ADD NEW SUBSECTION 3-8:3-8 CLAIM APPEALS. If the claim is denied, the Contractor may appeal to the Division Manager. TheContractor shall make such appeal in writing within ten calendar days of receiving the Hearing Officer'swritten notice denying the claim. The Division Manager will hold a hearing within fifteen calendar days of theappeal filing to determine the merits of the claim. The Division Manager shall render a written decision withinten calendar days of the close of the Appeals Hearing. If the Division Manager concurs with the ClaimsHearing Officer, no adjustment will be made.SECTION 4 - CONTROL OF MATERIALS4-1 MATERIALS AND WORKMANSHIP.4-1.1 General.REPLACE THE SECOND SENTENCE OF THE SECOND PARAGRAPH WITH THE FOLLOWING:Materials and workmanship not conforming to the requirements of the bid construction documents shall beconsidered defective and will be subject to rejection.ADD NEW SUBSECTION 4-1.1.1 TO READ:4-1.1.1 Material Furnished by the Agency. Certain material to be installed by the Contractor may befurnished by the Agency at no cost to the Contractor. Any material to be furnished by the Agency will belisted in the plans and/or specifications. All other material to complete the contract shall be furnished by theContractor. The Contractor shall be responsible for all materials furnished until the work the City accepts theContract work. The Contractor shall replace any City-furnished materials lost or damaged from any causewhatsoever at the Contractor’s expense. The Contractor shall be liable to the City for the cost of replacingCity-furnished material, and such cost may be deducted from any monies due or to become due theContractor.The City will furnish manhole frames and covers; lamphole frames and covers; and cleanout frames andcovers (except for house connection or two-way cleanouts).The Contractor shall make arrangements with the Engineer at least seven calendar days in advance ofpicking up Agency-furnished material.Payment for all labor, equipment, tools, and incidentals, for picking up, transporting, and installingAgency-furnished material shall be included in the price bid for related items of work.ADD NEW SUBSECTION 4-1.1.2 TO READ:4-1.1.2 Required Recycled-Content Material Report. It is the City’s policy that contractors and suppliersuse recycled-content materials to the greatest extent feasible (unless specified otherwise). At the end of allprojects $50,000 and greater, the Contractor shall submit a Recycled Materials Report. In this report theContractor shall detail those products made with recycled materials that were used on the project by type ofmaterial, quantity, and cost.ADD NEW SUBSECTION 4-1.1.3 TO READ:4-1.1.3 Required Construction and Demolition Waste Reduction and Recycling. This contract isOakland Street Lighting Conversion ProjectProject Special Provisions D-12 Bid Documents: Feb 2012 Update

APPENDIX Bsubject to Oakland’s Construction and Demolition Debris Waste Reduction and Recycling Ordinance (C&DOrdinance), OMC 15.34. The ordinance requires salvage or recycling of 100% of asphalt and concreteproducts and 65% of all other construction and or demolition debris, and submittal of plans and reports thatdocument compliance with this requirement. Additional details are available athttp://www2.oaklandnet.com/Government/o/PWA/o/FE/s/GAR/OAK024770.For projects of $50,000 or greater, the Contractor must submit a Waste Reduction and Recycling Plan(WRRP) prior to the start of construction or issuance of applicable building permits. This plan shall state howconstruction and demolition debris generated by type and quantity from the project will be diverted fromlandfills to meet the standards noted above. The Contractor may submit the WRRP online atwww.greenhalosystems.com, using an access code provided by the City, or on paper, subject to additionalprocessing fees. The WRRP is available for download athttp://www2.oaklandnet.com/oakca1/groups/pwa/documents/agenda/oak026388.pdf.At the end of all construction, for projects of $50,000 or greater, the Contractor shall submit a completedConstruction & Demolition Summary Report (CDSR) in the same format selected for the WRRP, online orpaper. The CDSR form is available online athttp://www2.oaklandnet.com/oakca1/groups/pwa/documents/agenda/oak026389.pdf. The Contractor shalldocument in the CDSR all salvage, recycling and disposal activities associated with the project. Contractorswho choose not to use www.greenhalosystems.com for submittals, will be subject to fees listed in the City’sMaster Fee Schedule.4-1.3 INSPECTION REQUIREMENTS.ADD NEW SUBSECTION 4-1.3.4 TO READ:4-1.3.4 Reinspection and Retesting. In the event work or materials are rejected and reinspection and/orretesting is necessary, or in the event portions of the work scheduled by the Contractor for inspection ortesting are not ready at the time designated by the Contractor, then the Contractor shall be subject to thecosts incurred by the Agency for such reinspection, retesting, or delays.Said costs shall include, but not limited to, direct labor costs (including fringe benefits, labor overheadcharges as established by current agency finance procedures), equipment, and related overhead costs.It shall be the Contractor's responsibility to notify the Engineer when work is ready for inspection and/ortesting.REPLACE SUBSECTION 4-1.5 TO READ.4-1.5 CERTIFICATE OF COMPLIANCE. A Certificate of Compliance shall be furnished prior to the use ofany materials for which these specifications or the special provisions require that a certificate be furnished.In addition, when so authorized in these specifications or in the special provisions, the Engineer may permitthe use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate ofCompliance. The certificate shall be signed by the manufacturer of the material or the manufacturer ofassembled materials and shall state that the materials involved comply in all respects with the requirementsof the specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to thework and the lot so certified shall be clearly identified in the certificate.Materials test data may be required by the Engineer to be included with the submittal of the Certificate ofCompliance.Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. Thefact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor ofresponsibility for incorporating material in the work which conforms to the requirements of the plans andspecifications, and any material not conforming to the requirements will be subject to rejection whether inplace or not.The City reserves the right to refuse to permit the use of material on the basis of a Certificate ofCompliance.The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer.4-1.6 TRADE NAMES OR EQUALS.ADD THE FOLLOWING TO THE END OF SUBSECTION 4-1.6:If the Contractor is authorized to substitute an equivalent item or material, it shall be with the understandingthat there will be no increase in contract price due to the substitution. If a substitution is approved by theEngineer and is subsequently found not to be equal to the specified item or material, the Contractor shallOakland Street Lighting Conversion ProjectProject Special Provisions D-13 Bid Documents: Feb 2012 Update

APPENDIX Bremove and dispose of the substitute at the Contractor's expense. The Contractor shall then furnish andinstall the specified item or material at no additional cost to the owner.SECTION 5 - UTILITIES5-1 LOCATION.REPLACE THE THIRD PARAGRAPH OF SUBSECTION 5-1 WITH THE FOLLOWING PARAGRAPHS:As provided in Section 4216 of the California Government Code, at least two working days prior tocommencing any excavation, if the excavation will be conducted in an area that is known, or reasonablyshould be known, to contain subsurface installations, the Contractor shall contact Underground Service Alert(USA) of Northern California and obtain an inquiry identification number. Notification numbers must beupdated two working days before the twenty-eight day period expires, or as required by State law.White Markings in Paved Areas: The Contractor shall avoid excessive or oversized marking, especiallyif marking outside the excavation area. Limit length, height, and interval of marks per USA guidelines.Letters and numbers shall not exceed 3” to 6” in height. On concrete surfaces the Contractor shall use spraychalk paints, water-based paints or equivalent less permanent type marking.White Markings in Non-Paved Areas: When paint is not used, use appropriate colored stakes, lath,pennants or chalk lines. Select marker types that are most compatible to the purpose and marking surface.Adhere to paved area marking suggestions to the extent practical.Each utility that is not a member of the Regional Notification Center (RNC) must be notified individually.The City of Oakland Electrical Division (street lights, traffic signals, call boxes) is not a member of a RNC.The City of Oakland is not required to mark gravity-fed lines such as storm and sanitary sewers.CHANGE THE FIFTH PARAGRAPH OF SUBSECTION 5-1 TO READ:The Contractor shall be responsible for locating all the service laterals including, but not limited to,private building sewer, storm drainage, water, electrical, telephone and cable, prior to excavation in areaswhere service laterals could reasonably be expected to exist. Any service laterals damaged by theContractor shall be promptly repaired with the approval of the Engineer, at no cost to the City. If no pay itemis provided in the Contract for this work, full compensation for such work shall be considered as included inthe prices bid for other items of work.5-2 PROTECTION.REPLACE THE FIRST SENTENCE OF THE SECOND PARAGRAPH WITH THE FOLLOWING:Where protection is required to ensure support of utilities located substantially (i.e. within 3 feet) as shown onthe Plans or in accordance with 5-1, the Contractor shall, unless otherwise provided, furnish and place thenecessary protection at the Contractor's expense.ADD THE FOLLOWING TO THE END OF SUBSECTION 5-2:The Contractor shall provide temporary and permanent supports under all existing concrete, asbestosconcrete, clay, telephone, and power conduits. Cost for such supports shall be absorbed in the Contractor'sbid item for the pipeline construction.The Contractor shall not tunnel under conduits unless approved by the Engineer. All voids within thetunnel limits shall be filled with one-sack cement/sand slurry.5-5 DELAYS.ADD THE FOLLOWING TO THE END OF SUBSECTION 5-5.No payment will be made for the first two hours of each occurrence of delay related to identification andremoval of an abandoned or unmarked utility.5-6 COOPERATION.ADD NEW SUBSECTION 5-6.1 TO READ:5-6.1 Utility Work. The Contractor shall be advised that the relocation of overhead and underground utilitiesmay be underway by other forces within or adjacent to the limits of Work. The Contractor shall cooperateand coordinate with all such other forces to avoid delays or hindrances to their work.ADD NEW SUBSECTION 5-7 TO READ:Oakland Street Lighting Conversion ProjectProject Special Provisions D-14 Bid Documents: Feb 2012 Update

APPENDIX B5-7 UTILITY EXCAVATION BACKFILL. The Contractor will not be entitled to damages, additional payment,or a time extension for impacts or delays attributable to utility excavation backfill material type or density ifsuch utility is substantially located (i.e. within 3 feet) according to Subsection 5-1.SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.6-1.1 Construction Schedule.ADD THE FOLLOWING SENTENCE TO THE END OF THE FIRST PARAGRAPH:A schedule utilizing the critical path method is required on all projects with a bid price of $250,000 or greater.ADD THE FOLLOWING AFTER THE FIRST PARAGRAPH:On a monthly basis, along with the monthly payment request, the Contractor shall revise the schedule,indicating actual progress, and resubmit to the City for review and concurrence. If in the opinion of the City,the Contractor falls behind the accepted schedule, the Contractor shall take the necessary steps to improveprogress and adhere to the original schedule.6-1.2 Commencement of the WorkADD THE FOLLOWING AT THE END OF SUBSECTION 6-1.2:The contract time specified is the City's best estimate of the required time to complete the Work. If theContractor elects to submit an early completion schedule for the Project, the Contractor does so at its ownrisk. Such a submission does not change the contract time specified in the contract documents and thecontractor must show the remaining time as “float time” on the schedule. Moreover, the City shall not beresponsible for, nor be held liable for, any damages allegedly caused by the Contractor’s failure to completethe Project within the proposed early completion schedule.The Contractor’s failure to comply with the requirements of Subsection 6-1 shall be grounds for the City todetermine that the Contractor is not prosecuting the Work with sufficient diligence to ensure completionwithin the time specified in the contract. Upon making this determination, the City may withhold approval ofprogress payments until the Contractor complies with the requirements of Subsection 6-1.ADD NEW SUBSECTION 6-1.3 TO READ:6-1.3 Mandatory Pre-Construction Meeting.A pre-construction meeting will be scheduled for within ten days of the contract award for all projectswith a contract bid price of greater than $50,000. At this meeting the Contractor will meet representatives ofthe City's Contract Compliance, Construction and Design divisions.The project Resident Engineer will chair the meeting. This meeting's purpose is to establish proceduresfor field coordination, resolve anticipated construction problems, and discuss the process for submittals,request for information, disputes, and progress payments. The Resident Engineer will also discuss theconstruction schedule, traffic control plans, housekeeping, storm water protection, recycling, utilitycoordination, notification to property owners, project sign location, office trailer location, working hours, noisecontrol, dust control, general public relations, and other related issues.The Contract Compliance Officer will discuss enforcement of the City's various employment andprevailing wage requirements specified by the Contract.6-3 SUSPENSION OF WORK.CHANGE SUBSECTION 6-3.1 TO READ:6-3.1 General. The Engineer shall have the authority to suspend the work wholly or in part for such periodas deemed necessary, due to unsuitable weather, or to such other conditions as are considered unfavorablefor the suitable prosecution of the work, or for such time as it may deem necessary due to the Contractor’sfailure to carry out orders given or to perform any work provisions. The Contractor shall immediately obeythe Engineer’s suspension orders and shall not resume work until so ordered in writing by the Engineer.If the Engineer orders a work suspension due to the Contractor’s failure to carry out provided orders orto perform any contract provision, the days on which the suspension order is in effect shall be consideredcontract working days if such days are working days within the meaning of the definition set forth in thesespecifications.If work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractorduring such suspension shall be borne by the Contractor. If the Contractor fails to properly provide for publicOakland Street Lighting Conversion ProjectProject Special Provisions D-15 Bid Documents: Feb 2012 Update

APPENDIX Bsafety, traffic, and protection of the work during suspension periods, the Agency may elect to do so, anddeduct the cost thereof from monies due the Contractor. Such action will not relieve the Contractor fromliability.The Contractor’s responsibilities as defined in Section 7 of the Standard Specifications and SpecialProvisions shall continue in full force and effect during such suspension period.ADD NEW SUBSECTION 6-3.3 TO READ:6-3.3 Hazardous Material and Waste Encountered during Operations. If the Contractor encounters asubstance during operations that the Contractor has reason to believe may be a hazardous material asdefined by Section 25501 of the California Health and Safety Code or a hazardous waste as defined bySection 25117 of the California Health and Safety Code, and if such substance was not previouslyaccounted for in the Scope of Work, the Contractor shall immediately so notify the Engineer in writing. Workin the immediate area of the suspected hazardous material or waste shall be suspended until the Engineerauthorizes the work to resume. If such suspension delays the current controlling operation, the Contractorshall be granted a time extension as provided in Section 6-6.If such work suspension delays the current controlling operation by more than two working days, thedelay shall be considered a right of way delay and the Contractor shall be compensated for such delay asprovided in Section 8-1.09 of the most recent Caltrans Standard Specifications.The City reserves the right to use other forces for exploratory work to identify and determine the extentof such hazardous material or waste in the construction area.6-6 DELAYS AND EXTENSIONS OF TIME.6-6.1 General.DELETE THE WORD “labor disputes” and “labor or equipment” FROM THE SECOND SENTENCE OF THEFIRST PARAGRAPH OF SUBSECTION 6-6.1.REPLACE THE SECOND PARAGRAPH OF SUBSECTION 6-6.1 TO READ:An extension of time will not be granted for a delay caused by the Contractor’s inability to obtainmaterials and equipment, unless the Contractor furnishes to the Engineer documented proof that theContractor has made every effort to obtain such materials and equipment from every known source withinreasonable reach of the Work. The Contractor shall also submit proof that the inability to obtain suchmaterials when originally planned did, in fact, cause delay in final completion of the Work that could not becompensated for by revising the sequence of operations. Only the physical shortage of material andequipment will be considered under these provisions as a cause for extension of time.CHANGE THE THIRD PARAGRAPH OF SUBSECTION 6-6.1 TO READ:In the event of work delays beyond the control of the Contractor, the Contractor shall so notify theEngineer in writing. Such notice shall give the reason for the delay, and provide such documentary evidenceas may be necessary to substantiate the reasons for the delay plus an estimate of the additional timerequired to complete the contract. Such a delay notice shall be filed with the Engineer within five workingdays after the beginning of said delay. The Contractor’s failure to file a timely notice shall act as a baragainst an acceleration claim. The Agency's decision will be issued within five working days. TheContractor shall not accelerate the work unless authorized in writing by the Engineer.6-6.3 Payment for Delays to Contractor.CHANGE THE FIRST SENTENCE OF SUBSECTION 6-6.3 TO READ:The Contractor may be compensated for damages incurred due to delays for which the Agency isresponsible, except for delays caused by the issuance of extra work as stated in 3-2.1 of these SpecialProvisions.6-7.2 Working Day.DELETE THE WORD "field" FROM THE FIRST SENTENCE OF SUBSECTION 6-7.2.CHANGE 6-7.2 ITEM 3 TO READ:The following designated holidays:January 2 nd (New Years Day - Observed) September 10 th (Admissions Day)16 th Monday in January (ML King Jr. Day) November 12 th (Veterans Day)February 13 th (Lincoln’s birthday) 4 th Thursday in November (Thanksgiving)Oakland Street Lighting Conversion ProjectProject Special Provisions D-16 Bid Documents: Feb 2012 Update

APPENDIX B3 rd Monday in February (President’s Day) The Friday after ThanksgivingLast Monday in May (Memorial Day)December 25 th (Christmas Day)July 4 th (Independence Day)December 31 st (Holiday)1 st Monday in September (Labor Day)6-7.2 Working Day.ADD NEW ITEM 7 TO SUBSECTION 6-7.2 TO READ:7. any Mandatory Leave without Pay or Mandatory Business Shut-down (MLWOP or MBS) day orfurlough day (FDP) mandated by the Oakland City Council. The Council has declared twelve(12) MLWOP/MBS/FDP days between January 1, 2012 and December 31, 2012 and the daysare listed as follows:2012 MLWOP/MBS/FDP DaysFriday, January 13, 2012 Monday, November 26, 2012Friday, February 10, 2012 Monday, December 24, 2012Friday, March 30, 2012 Wednesday, December 26, 2012Friday, April 13, 2012 Thursday, December 27, 2012Friday, September 7, 2012 Friday, December 28, 2012Friday, November 09, 2012 Monday, December 31, 2012ADD THE FOLLOWING PARAGRAPH TO THE END OF SUBSECTION 6-7.2:The Contractor’s working hours shall be from 7:00 AM TO 5:00 PM, Monday through Friday. The Table“Operation Hours” (see Attachment 6 “Operation Hours” at the end of these Special Provisions) details thepermissible work hours on public streets. The Contractor may be allowed to work after 5:00 PM onweekdays and work on Saturday and Sundays only with the Engineer’s written permission. The Engineermay shorten the hours of this subsection to prevent traffic congestion or to prevent unreasonabledisturbance in residential areas.ADD NEW SUBSECTION TO READ:6-7.4 Contract Working Days. The work that the Contractor is required to perform under this contractcommences at the time stipulated by the Engineer in the “Notice to Proceed” to the Contractor shall becompleted within the working or calendar days from the date of the Notice to Proceed specified on Page A1of the Notice inviting Bids (or for federal projects, page B1 of the Notice to Contractors.) Each month theEngineer will furnish the Contractor a statement of working days remaining on the contract as part of themonthly progress estimate.6-8 COMPLETION AND ACCEPTANCE.REPLACE THE SECOND PARAGRAPH OF SUBSECTION 6-8 WITH THE FOLLOWING:If the Engineer determines that the project work has been completed in accordance with the plans andspecifications, he or she will so certify and accept the completed work. The Engineer will, in his/heracceptance, give the date when the work was completed. This Notice of Completion date is when theContractor is relieved from responsibility to protect the work, and is also the date to which liquidateddamages will be computed.ADD THE FOLLOWING TO THE END OF SUBSECTION 6-8:The Contractor shall maintain a set of as-built plans of all contract work daily. All changes to the originalcontract documents shall be legibly incorporated in red ink with reference to the date and name ofappropriate written document(s), such as Change Order, RFI, email, field order, record of conversation, etc.Each page of final drawings shall be identified as As-Built Plans. The City shall retain a five-percentretention to ensure that the as-built plans are submitted to the City. The Contractor shall supply two copiesof the As-Built plans plus a copy of the signed, completed As-Built Plans Submittal Form (Attachment 5 atthe end of the Special Provisions) to the Engineer for approval.6-9 LIQUIDATED DAMAGES.CHANGE THE FIRST PARAGRAPH OF SUBSECTION 6-9 TO READ:The Contractor’s failure to complete the Work within the time allowed will result in the City sustainingdamages. Such damages are, and will continue to be, impracticable and extremely difficult to determine.Oakland Street Lighting Conversion ProjectProject Special Provisions D-17 Bid Documents: Feb 2012 Update

APPENDIX BLiquidated damages shall be assessed. For each consecutive calendar day in excess of the time specifiedfor the completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay to the Agency or theAgency may deduct from monies due the Contractor, the daily liquidated damages amount specified in pageA1 of the Notice Inviting Bids (or for federal projects, page B1 of the Notice to Contractors) unless otherwiseprovided in the contract documents.The Contractor shall complete the concrete work for each curb ramp, concrete curb, gutter, and sidewalkwork within five working days from start to finish. For each consecutive calendar day in excess of the timespecified to complete the concrete repairs, the Contractor shall pay to the City or the City may deduct frommonies due the Contractor, the sum of $200.00 per location per day, unless otherwise provided in thecontract documents. In accordance with Subsection 300-1.3.2.c, no sidewalk or curb ramp demolition workmay be performed on a Friday.Contract execution shall constitute agreement by the Agency and Contractor that the above sums arethe minimum value of the costs and actual damage caused by the Contractor’s failure to complete the Workwithin the allotted time. Such sums are liquidated damages and shall not be construed as a penalty, andmay be deducted from payments due the Contractor if such delay occurs.SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES.ADD THE FOLLOWING TO THE END OF SUBSECTION 7-1.1:7-1.1 General.The Contractor shall render all machinery and equipment inoperable at all times except during actualconstruction. The Contractor shall be responsible for construction means, controls, techniques, sequences,procedures and construction safety.ADD THE FOLLOWING SUBSECTION 7-1.4:7-1.4 Powered Industrial Trucks, Forklifts, Heavy Equipment and Other Vehicles.Contractor employees who drive or operate any such equipment or vehicles on City property or project sites,must first provide proof of a current driver’s license and the Contractor must verify training in accordance withany applicable Cal/OSHA standards, Department of Transportation, and Department of Motor Vehicles codesand standards. The Contractor shall be responsible for providing and keeping current all required licenses,certifications and insurance for such equipment and vehicles. The Contractor further agrees to ensure that allsuch equipment and vehicles are equipped with required lights, brakes, operating controls, backup alarms andother safety equipment and that all such devices are properly inspected, serviced, maintained in good workingorder and free of damage and defects. The Contractor agrees to immediately remove from service anyequipment or vehicle with identified damage or defects that affect the safe operation of the equipment orvehicle.The Contractor shall render all machinery and equipment inoperable at all times except during actualconstruction. The Contractor shall be responsible for construction means, controls, techniques, sequences,procedures and construction safety.7-2 LABOR.7-2.2 Laws.ADD THE FOLLOWING THREE PARAGRAPHS TO THE END OF SUBSECTION 7-2.2:The City Council of the City of Oakland has ascertained the general prevailing rate of wages for Citypublic works projects by Resolution Number 57103. C.M.S.For public works projects over $1,000.00, the State’s Labor Code requires Contractors to pay theiremployees in accordance with the general prevailing wages.The Contractor is required to submit weekly payroll records showing payment of these wages to his/heremployees.The Prime Contractor and all Subcontractors will have to comply with Sections 1777.5 and 1776 of theState of California Labor Code.ADD NEW SUBSECTION 7-2.2.1 TO READ:7-2.2.1 Electronic Payroll Submission. The Contractor shall register for and use the City’s selectedOakland Street Lighting Conversion ProjectProject Special Provisions D-18 Bid Documents: Feb 2012 Update

APPENDIX Belectronic certified payroll tracking system– LCPtracker, a Labor Compliance software program. Thissoftware is a web-based system provided by an independent company. Their website addresshttp://www.laborcompliance.net may be accessed for general information and an introductory product tour.The Contractor and all subcontractors must submit all certified payrolls via the LCPtracker system. TheContractor and each subcontractor will be given a special Log-On identification number and a passwordto access the City’s reporting system. The Contractor shall contract with LCPtracker for the entire durationof project construction.The monthly charge to Contractors is $160.00 for all contracts valued at or below five million dollars.Contractors will be charged $320.00 monthly for contracts above that amount. This monthly charge will beassessed until the City files a project notice of completion. The Contractor’s first payment is due within 30days of the Notice to Proceed date. Subsequent payments are due every thirty days or the 20 th of themonth, whichever comes first. Remittances should be made payable to the City of Oakland (referenceproject number and the month for which the payment is being made) and sent to the City of Oakland,Department of Contracting and Purchasing, Social Equity Division 250 Frank H. Ogawa Plaza, Suite 3341,Oakland, Ca 94612. Subcontractors will not be charged for this service.The advantages to this required service are:elimination of inaccurate certified payroll submittals;elimination of the need to submit hard copies of certified payrolls,identification of prevailing wage irregularities;at-a-glance assessment of compliance with the Local Employment Program (LEP) and the 15%Apprenticeship Program; andthe elimination of potential delays in progress payments resulting from rejected certifiedpayroll(s).To assist contractors and subcontractors in this process, on-line training is available via the LCPtrackerwebsite. Also, a City computer with online capability to access LCPtracker is available, as needed, Mondaythrough Friday between the hours of 10:00 am and 4:30 pm. To arrange additional training on the use ofLCPtracker or to use the City’s computer, the Contractor’s payroll resource (staff or business service) maycontact the Department of Contracting and Purchasing, Contract Compliance Office at 250 Frank OgawaPlaza, 3rd Floor, Suite 3341, telephone (510) 238-2970.While the submission of hard copies of certified payrolls is no longer necessary with the implementation ofthis program, contractors and subcontractors will continue to be required to submit a signed, original affidavitmade under penalty of perjury that states that the information contained in each submitted LCPtrackerpayroll record is true and correct.Electronic submittal of weekly payroll information is consistent with California Department of IndustrialRelation Public Works payroll reporting requirements.Payment: The Contractor shall absorb in the bid all costs incurred from these electronic payroll submissionrequirements.ADD NEW SUBSECTION 7-2.2.2 TO READ:7-2.2.2 Electrical Workers Safety Requirement. Enhanced Electrical Safety Requirements are requiredfor all worksite electrical labor. For all capital improvement contracts where the electrical scope of work is$100,000 or more, the project must comply with the following requirements for electrical safetyenhancement:70% of all "Journey-level Electricians" must be graduates of a State of California approved ElectricalApprenticeship Program.20% of the jobsite electrical workers must be OSHA 10-hour Construction Industry Safety andHealth Certified.At least one jobsite electrical worker must be OSHA 30-hour Construction Industry Safety andHealth Certified.The above workforce ratios are determined by verifying the workforce composition on a daily basis. TheContractor will be required to certify their compliance by completing and submitting information via formsOakland Street Lighting Conversion ProjectProject Special Provisions D-19 Bid Documents: Feb 2012 Update

APPENDIX Bprovided by the Resident Engineer.REPLACE SUBSECTION 7-3 LIABILITY INSURANCE WITH THE FOLLOWING:7-3 CITY OF OAKLAND INSURANCE REQUIREMENTS.1. Required Insurance. The Contractor shall procure, prior to commencement of service, and keep inforce for the term of this contract, at Contractor's own cost and expense, the following policies of insuranceor certificates or binders as necessary to represent that coverage as specified below is in place withcompanies doing business in California and acceptable to the City. The insurance shall at a minimuminclude as per the Attachment Schedule Q.ADD NEW SUBSECTION 7-3.1 TO READ:7-3.1 Responsibility for Damage. The City and/or its Council, and/or its employees, shall not beanswerable or accountable in any manner for any loss or damage that may happen to the work or any partthereof; or to any material or equipment used in performing the work; or for injury or damage to any personor persons, either employers, workmen, or the public; or for damage to property or loss or use thereof fromany cause whatsoever during the progress of the work or at any time before final acceptance.To the extent not otherwise prohibited by Section 2782 of the Civil Code of the State of California, theContractor shall indemnify and save harmless the City of Oakland, its Council, officers and employees, fromany suits, claims or actions brought by any person or persons, or corporations, or other entities for or onaccount of any bodily injuries or disease or illness, or damages of any nature, however caused, andregardless of responsibility for negligence, sustained as a result of or arising within the work. The CityCouncil may retain as much of the money due to Contractor as shall be considered necessary untildisposition has been made of such suits or claims for damages as aforesaid.Neither the City Administrator, Council, the City Engineer, the PWA Director, nor any other officer orauthorized assistant or agent of the City shall be personally responsible for any liability arising under thecontract.The City shall not be held responsible for the care or protection of any material or parts of the work priorto final acceptance, except as expressly provided in these specifications.ADD NEW SUBSECTION 7-3.2 TO READ:7-3.2 Graffiti Abatement. Equipments, storage containers, toilet facilities and supplies provided by thecontractor shall be free of graffiti. Any graffiti placed on the equipment or supplies shall be removed/cleanedwithin 24 hours.7-4 WORKER’S COMPENSATION INSURANCE.DELETE SUBSECTION 7-4. INSTEAD REFER TO SUBSECTION 7-3.CHANGE SUBSECTION 7-5 TO READ:7-5 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all relatedcharges and fees for any required permit or license, and give all notices necessary and incidental for the dueand lawful prosecution of the work. All charges and fees for any required permit or license shall be includedin the base bid for the project.7-6 THE CONTRACTOR'S REPRESENTATIVE.ADD THE FOLLOWING TWO PARAGRAPHS TO THE END OF SUBSECTION 7-6:The Contractor's representative shall be an employee of the Contractor and shall be present at the worksite at all times while work is in progress. The Contractor's representative shall personally supervise thework of all subcontractors. At a minimum, the Contractor's representative must be onsite at the beginningand end of each workday to coordinate the Contractor's workforce and receive instructions from the Agency.The Contractor may be fined $500 per day for every day in violation of this Subsection. In addition, theContractor’s failure to provide a representative with authority to direct all facets of the work shall be groundsfor suspending the work. Contract time shall continue to run if the Agency suspends the work for violation ofthis Subsection. When work is not in progress and during periods of work suspension, arrangementsacceptable to the Agency shall be made for performance of emergency work when required.7-7 COOPERATION AND COLLATERAL.ADD THE FOLLOWING TWO PARAGRAPHS TO THE END OF SUBSECTION 7-7:The Contractor shall notify the City of Oakland Sewer Maintenance Section at (510) 615-5566 when aOakland Street Lighting Conversion ProjectProject Special Provisions D-20 Bid Documents: Feb 2012 Update

APPENDIX Bbuilding sewer / lateral is connected so that a sewer maintenance representative can inspect it.The Agency and each utility company reserves the right to enter upon any street or easement for thepurpose of making changes, new installations, repairs, or performing maintenance work.7-8 WORK SITE MAINTENANCE.7-8.1 General.ADD THE FOLLOWING TO THE END OF SUBSECTION 7-8.1:The Contractor's failure to comply with the Engineer's cleanup orders may result in the City having thecleanup work done by others. The Contractor shall bear all costs incurred by the City in having the workdone.The Contractor shall take all necessary measures to ensure that materials from the job site identified in theproject Waste Reduction and Recycling Plan (WRRP) are recycled.7-8.2 Air Pollution Control.ADD THE FOLLOWING TO THE END OF SUBSECTION 7-8.2:The use of water resulting in mud on public or private paved surfaces will not be permitted as a substitute forsweeping or other methods. The Contractor shall sweep the streets within the project area with a powerpickup sweeper at least once daily, or as directed by the Engineer, for the duration of the project. A Wet/Dryvacuum shall be used to vacuum sawcut slurry.7-8.4.1 General.ADD THE FOLLOWING TO THE END OF THE SECOND PARAGRAPH:Excess excavated material from trenches, structures, general excavation and manholes and similarstructures shall be removed from the site immediately.ADD THE FOLLOWING TO THE END OF SUBSECTION 7-8.4.1:The Contractor shall take all necessary measures to ensure that materials from the job site identified in theproject Job Site Recycling and Waste Reduction Plan are recycled.7-8.6.6 Material Storage. Storage and exposure of raw materials, by-products, finished products, andcontainers shall be controlled as described below:All construction materials shall be stored at least ten feet away from inlets, catch basins, and curbreturns. The Contractor shall not allow any material to enter the storm drain system. Measures shall betaken to maintain a neat and protected pile. At the end of each working day, the Contractor shall collect anddispose of all scrap, debris, and waste material excluding materials set aside for recycling and salvage.Materials set aside for recycling and salvage shall be delivered to the recycling station within five days.Materials that can contaminate rainwater or be transported by storm water or other runoff to the stormdrain system require special storage. During wet weather or when rain is forecast, the Contractor shall storesuch materials inside a building or cover them with a tarp or other waterproof material secured with weightedtires or sandbags to prevent contact with rain.The Contractor is reminded that storage and disposal of all hazardous materials such as paints, thinners,solvents, and fuels; and all hazardous wastes such as waste oil, must meet all federal, state and localstandards and requirements.7-8.6.11 Spill Prevention and Control. The Contractor shall take all precautions to prevent accidentalspills during construction. However, in the event of a spill, the Contractor shall immediately contain anyleaks/spills to prevent them from entering the storm drain system. The Contractor shall properly clean upand dispose of spilled wastes and resulting clean-up materials. If the spilled waste is hazardous, theContractor shall comply with all federal, state and local hazardous waste requirements.a. The Contractor shall not wash any spilled material into the streets, gutters, storm drains, or creeks.b. The Contractor shall report any hazardous materials spill immediately to the Oakland FireDepartment, the Alameda County Hazardous Materials Division and other state and local agenciesas required by state and local regulations.7-8.6.12 Vehicle/Equipment Cleaning. The use of soaps, solvents, de-greasers, steam cleaningequipment or equivalent methods for vehicle or equipment cleaning on-site or in the street is not permitted.Vehicle or equipment may be cleaned only with water in a designated, bermed area of adequate size. Rinsewater may not runoff site or into the storm drain system. The rinse-water shall be permitted to infiltrate in dirtOakland Street Lighting Conversion ProjectProject Special Provisions D-21 Bid Documents: Feb 2012 Update

APPENDIX Barea or shall be discharged to the sanitary sewer with the approval of EBMUD and the Engineer.The Contractor shall dispose of wash water from the cleaning of water-base paint equipment and tools tothe sanitary sewer.When using oil-based paint the Contractor shall, to the maximum extent practicable, filter the paintthinner and solvents for reuse. Any waste thinner, solvent, and sludge from the cleaning of equipment andtools shall be disposed as hazardous waste.7-8.6.14 Good Housekeeping Practices. The Contractor shall implement the following applicable goodhousekeeping practices.a. Store all materials that have the potential to be transported to the storm drain system by storm runoffor by a spill under cover in a contained area or in sealed waterproof containers.b. Use ground tarps to collect fallen debris or splatters that could contribute to storm water pollution.c. Secure opened bags of cement, and other light materials or powders that can be transported bywind.d. Pick up litter, construction debris and other wastes daily from outside areas including the sidewalkarea, gutter, street pavement and storm drains impacted by the project. Store all wastes in coveredcontainers or dispose of immediately. Arrange for appropriate collection of those materials separatedfor recycling.e. Dispose of wash water to the sanitary sewer with the approval of EBMUD and the Engineer orrecycle wash water. Refer to 7-8.6.9.f. Inspect vehicles and equipment arriving on-site for leaking fluids and promptly repair leakingvehicles and equipment. Use drip pans to catch leaks until repairs are made.g. Avoid spills by handling materials carefully. Keep a stockpile of spill materials, such as rags orabsorbents, readily accessible on-site. Clean up all spills immediately to prevent any material frombeing discharged to the storm drain system. Refer to 7-8.6.11.h. Train employees regularly on good housekeeping practices and BMPs. Assign specific employeesresponsibility for BMPs, good housekeeping practices, and actions to take in the event of a spill.Refer to 7-8.6.13.i. Maintain and replace all sediment and water pollution control devices as necessary to ensure thatsaid controls are working effectively (e.g. inspect all sediment ponds or sandbagsedimentation/filtering systems after each rain. Remove accumulated sediment and debris andreplace or repair damaged sandbags immediately.)ADD NEW SUBSECTION 7-8.8 TO READ:7-8.8 Contractor's Identification. At all times the Contractor shall, at its expense, provide for the properidentification of its work to the public. This identification shall include the Contractor's name and telephonenumber and shall be printed on barricades used on the job.CHANGE SUBSECTION 7-9 TO READ:7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall beresponsible for the protection of public and private property adjacent to and along the line of work. TheContractor shall exercise due caution to avoid damage to such property. Before submitting a bid theContractor shall verify and document the condition of existing improvements that may be damaged orremoved by construction operations.The Contractor shall repair or replace all existing improvements within the right-of-way (e.g. curbs,sidewalks, driveways, fences, walls, signs, utility installations, pavements, structures, pavement markingsand traffic striping, etc.) that are damaged or removed as a result of its operations. Repairs andreplacements shall be at least equal to existing improvements, and shall match them in finish and dimension.The Engineer may require replacements to be installed at locations other than the location where the existingimprovements were removed.The Contractor shall immediately notify the Engineer and the Electrical Division at (510) 615-5430 of anydamage to any traffic signal, street light equipment or City electrical facilities. City Electrical Division forcesshall temporarily repair damage to traffic signal equipment or facilities caused by the Contractor's operations.The Contractor shall coordinate with the Electrical Division to make permanent repairs to traffic signal orstreet lighting facilities within five (5) days of damage. All repair work will be inspected and shall conform toElectrical Division requirements and details of the Standard Plans. If the Contractor does not proceed withor complete repairs within the allotted time, the Engineer may order the work completed by City forces or byanother licensed electrical contractor. Should this occur, the Contractor will be billed for any necessaryOakland Street Lighting Conversion ProjectProject Special Provisions D-22 Bid Documents: Feb 2012 Update

APPENDIX Brepair work by others, including administrative costs. Repair costs may be deducted from Contractor'sprogress payment if not paid within thirty days of billing date.Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. Ifdamaged or removed because of the Contractor's operations, they shall be restored or replaced in as nearlythe original condition and location as is reasonably possible. Lawns shall be replaced with sod, unlessotherwise approved by the Engineer.Unless shown on the plans, no trees shall be removed. Trees, limbs, and roots within the project areathat interfere with the Contractor’s operations may be trimmed, with authorization from the Engineer. Only aqualified arborist or tree surgeon shall perform tree trimming. Prior to any trimming being performed, theContractor shall submit to the Engineer, for review, the qualifications of the proposed arborist or treesurgeon. Any tree roots one inch or greater in diameter which have to be removed or are damaged duringconstruction operations shall be saw-cut evenly and shall be treated with a heavy coat of commerciallyavailable water base asphalt emulsion sealing compound.The Contractor shall give reasonable notice to occupants or property owners to permit them to salvageor relocate plants, trees, sprinklers and other improvements within the right-of-way that will be destroyedbecause of the construction work.The Contractor shall absorb in the bid all costs for protecting, removing, and restoring existingimprovements and other work of this subsection.7-10 PUBLIC CONVENIENCE AND SAFETY.ADD THE FOLLOWING TO SECTION 7-10:Unless a separate lump sum bid item is included for traffic control, the Contractor shall absorb in the bidall costs incurred from the requirements of Section 7-10.CHANGE SUBSECTION 7-10.1 TO READ:7-10.1 Traffic and Access.7-10.1.1 General. The Contractor's operations shall cause no unnecessary inconvenience. The public’saccess rights shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to passthrough the work, or an approved detour shall be provided. Construction and repair work within the publicright-of-way that affects pedestrian circulation elements, spaces or facilities, shall comply with the followingprovisions.Construction sites in or encroaching on the public right-of-way shall be protected with barriers in such amanner to warn and protect pedestrians or vehicles of potential hazards.Safe and adequate pedestrian walkways shall be maintained at all times as required in the most recentedition of the Work Area Traffic Control Handbook (WATCH book), Part 11. Where a temporary alternativecirculation path is provided, it shall comply with Title 24 access requirements for slope and width dimensions.Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of thework at intervals not exceeding 300 feet shall be maintained unless otherwise directed by the Engineer.If a particular side of a street has curb ramp access on one or both corners of a block face, wheelchairaccess to that block shall be maintained at all times unless directed otherwise by the Engineer.When construction will block a coach stop or require relocation of a bus route, the Contractor shall notifythe Engineer and the appropriate Transportation Representative of the affected public transit agency at least72 hours prior to the blockage or relocation.Vehicular access to residential driveways shall be maintained to the property line, except whennecessary construction precludes such access for reasonable periods of time. If the backfill has beencompleted to such extent that safe access may be provided, and the street is opened to local traffic, theContractor shall immediately clear the street and driveways and provide and maintain access.The Contractor shall cooperate with the various parties involved in mail delivery and garbagecollection/removal in order to maintain existing schedules for these services.Grading operations, roadway excavation and fill construction shall be conducted by the Contractor in amanner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, theroadbed surface shall be brought to a smooth, even condition satisfactory for traffic.Unless otherwise authorized, work shall be performed in only one half of the roadway at one time. Onehalf shall be kept open and unobstructed until the opposite side is ready for use. If one half a street only isbeing improved, the other half shall be conditioned and maintained as a detour.All trench excavations performed in streets open to public traffic must be completely backfilled andpaved with temporary or permanent paving at the end of each day’s operation, unless otherwise approved bythe Engineer. Temporary paving shall be maintained in a safe condition at all times.Oakland Street Lighting Conversion ProjectProject Special Provisions D-23 Bid Documents: Feb 2012 Update

APPENDIX BNothing specified herein shall prohibit emergency work and/or repair necessary to insure public healthand safety.7-10.1.2 Restricted Hours of Operation and Streets. The Contractor shall restrict hours of operationaccording to local traffic patterns as specified by the Engineer and contained in, but not limited to,Attachment 6 “OPERATION HOURS.” This provision does not preclude or supersede any other code orrequirement established or in acted by the City of Oakland or other public agencies that apply and mayrestrict the hours of operation.No work shall be undertaken on any street listed in Attachment 7 "HOLIDAY RESTRICTED STREETS"shown at the end of this subsection from October 31st to January 2 unless otherwise directed in writing bythe Engineer.A street designated by the Oakland City Council as a “LIMITED OPERATIONS AREA” (seeAttachment 8) shall have the following additional restrictions, unless specifically waived by the SpecialProvisions:I No work that will interfere with traffic shall be performed in any public street or roadway duringIIthe hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. (except Sundays and Holidays).No equipment, construction materials or excavated material that will interfere with traffic shall bestored on any public street or roadway during the hours noted above.III All trenches and excavations in any public street or roadway shall be backfilled and opened totraffic, or covered with suitable non-skid securely placed and opened to traffic, at all times exceptduring actual construction operations, or where otherwise permitted in writing by the Engineer.IV Each work section of work shall be completed or temporarily paved and open to traffic in notmore than five days after commencing work unless otherwise permitted in writing by the CityEngineer.In the event the Contractor cannot maintain the minimum number of unobstructed traffic lanes requiredor the project impacts traffic beyond the limits of these Provisions, the Contractor shall submit for approvalfive sets of plans for each proposed detour to the Engineer at least seven calendar days prior to itsimplementation. This language does not relieve the Contractor of responsibility to maintain traffic as set forthin these specifications and/or the Provisions as directed by the Engineer.7-10.1.3 Existing Traffic Signals, Street Signs, Regulatory Signs. The Contractor shall properlymaintain all existing Agency signs within the work limits and shall not temporarily remove any signs withoutthe Engineer’s prior approval. Any signs removed by the Contractor shall be properly stored and reinstalledas directed by the Engineer prior to the completion of contract work.All pavement markings removed or damaged by work shall be replaced before allowing any traffic backon the pavement area. If the markings cannot be immediately replaced, temporary markings may be usedas directed by the Engineer.The Contractor shall not proceed with any work requiring traffic signal modifications or shutdown withoutthe Engineer’s written approval at least seven calendar days prior to the desired shutdown date.ADD NEW SUBSECTION TO READ:7-10.1.4 Vehicular Traffic. The Contractor shall conduct operations in such a manner as to providepublic convenience and safety and according to the provisions in this subsection. The provisions shallnot be modified or altered w ithout w ritten approval from the Engineer.Standard traffic control devices shall be placed at the construction zone according to the latest edition ofthe Work Area Traffic Control Handbook or Caltrans Traffic Manual, Chapter 5 – “Traffic Controls forConstruction and Maintenance Work Zone,” or as directed by the Engineer.All trenches and excavations in any public street or roadway shall be back filled and opened to traffic, orcovered with suitable steel plates securely placed and opened to traffic at all times except during actualconstruction operations unless otherwise permitted by the Engineer.Each section of work shall be completed or temporarily paved and open to traffic in not more than 5 daysafter commencing work unless otherwise permitted in writing by the Engineer.Where construction encroaches into the sidewalk area, a minimum of 5 ½ feet of unobstructed sidewalkshall be maintained at all times for pedestrian use. Pedestrian barricades, shelter, and detour signs perCaltrans standards may be required.The contractor shall conduct its operation in such a manner as to leave the following traffic lanesunobstructed and in a condition satisfactory for vehicular travel during the Obstruction Period. At all timestraffic lanes will be restricted and reopened to travel. Emergency access shall be provided at all times.CHANGE SUBSECTION 7-10.2 TO READ:Oakland Street Lighting Conversion ProjectProject Special Provisions D-24 Bid Documents: Feb 2012 Update

APPENDIX B7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials may not be storedin streets, roads, or highways for more than five days after unloading. All materials or equipment notinstalled or used in the construction within five days after unloading shall be stored elsewhere by theContractor at its expense unless the Engineer authorizes additional storage time.Construction equipment shall not be stored at the work site before its actual use, nor for more than fivedays after it is no longer needed on the work. The Engineer may authorize additional storage time whennecessary for repair or assembly of equipment.Excavated material, except that to be used as backfill in the adjacent trench, shall not be stored inprivate properties, public streets, roads, or highways for any period of time and shall be removed anddisposed of immediately from the site. Only Engineer-approved excavated backfill material shall be allowedto be stored. Such material storage at the work site or elsewhere shall only be allowed for a period notexceeding five calendar days after excavation. The storage site shall be subject to the Engineer’s approval.After the backfill is placed, all excess material shall be removed from the site and disposed of immediately.The Contractor shall maintain the flow of any surface runoff waters obstructed by the storage and/ormaterials stored in public streets in accordance with the above provisions and 7-8.6.CHANGE SUBSECTION 7-10.3 TO READ:7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all applicable State,County and City requirements for street closures.The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flag persons and watchpersons in order to advise the public of detours and construction hazards. The Contractor shall also beresponsible for compliance with additional public safety requirements that may arise during construction.The Contractor shall furnish and install, and upon completion of the work, promptly remove all signs andwarning devices.All material and work related to pedestrian and vehicular traffic control including, but not limited to, thelocation and size of signs, lighting and lighted traffic control devices shall comply with the "Work Area TrafficControl Handbook, (WATCH book) latest edition, or the California Manual on Uniform Traffic ControlDevices, Part 6 – Temporary Traffic Control, latest edition, except as modified by the Engineer.Temporary construction traffic signs (such as DETOUR, ROAD CLOSED, LOCAL ACCESS ONLY, etc.)installed by the Contractor shall be of commercial quality on metal with reflective paint. The lettering shall becommercially printed, silk-screened or professionally hand-lettered. At the Engineer’s request, theContractor shall remove all temporary signage not meeting the above stated requirements from the site.During night operations construction barricades, signs, etc. shall be properly illuminated and reflective ofexisting light or vehicular light.The Contractor may place signs prohibiting parking and stopping at those locations approved by theEngineer. Such signs shall be placed, moved and removed at the Engineer’s discretion. The Contractormay obtain from the Engineer the required signs for the prohibition of parking and stopping at a costestablished by the current Master Fee Schedule.No work shall be started until necessary signs and barricades are at the job site. A partial or completestreet closure by the Contractor without proper detour signing complete in place shall be cause forsuspending the work in accordance with 6-3.The Contractor shall notify Police, Fire, Traffic Engineering departments of jurisdictional agenciesinvolved, and local transit agencies, and comply with their requirements in advance of closing, or partiallyclosing, or of reopening, any street, alley, or other public thoroughfare; and, according to the following:Oakland Fire Services Agency 2 hours (510) 238-3331Oakland Police Services Agency 48 hours (510) 238-3357AC Transit 72 hours (510) 891-4909When necessary to detour traffic, the Contractor shall, at the direction of the Engineer, remove detourstriping in accordance with 300-1.3.3 of these Special Provisions.7-10.4 Safety.7-10.4.1 Safety Orders.ADD THE FOLLOWING SENTENCE AT THE END OF THE FIRST PARAGRAPH:The Contractor shall have a Competent Person, as described by CAL/OSHA regulations, present at theworksite at all times during construction.7-10.4.3 Special Hazardous Substances and Processes.ADD THE FOLLOWING TWO PARAGRAPHS TO THE END OF SUBSECTION 7-10.4.3:Oakland Street Lighting Conversion ProjectProject Special Provisions D-25 Bid Documents: Feb 2012 Update

APPENDIX BHazard Communication and Material Safety Data Sheets. The Contractor shall provide copies ofcurrent Material Safety Data Sheets (MSDS) to the Engineer for all chemical products used, handled, storedor transported to City property or project sites. The Contractor shall provide updated copies of such MSDSto the Engineer within 15 days of the Contractor’s receipt of such updated copies.Asbestos and Lead-Based Paint. The contract documents indicate the locations of any known orpresumed asbestos-containing materials and lead-based paint in proposed work areas. Only those Contractorswith the required Cal/OSHA training, certification and permits for asbestos abatement and removal and/or leadabatement and removal will be allowed to handle these materials.ADD NEW SUBSECTION 7-10.4.5 TO READ:7-10.4.5 Compliance with Laws. The Contractor will perform the Work and any other obligations underthis Agreement in strict compliance with all applicable local, state and Federal laws, codes, standards andregulations.7-10.4.5 a. Security. The Contractor shall maintain a daily log of all employees and Subcontractorspresent on-site. This log shall be used in an emergency to identify missing personnel. Contractoremployees and Subcontractors must be logged in and out of the site each day.A visitor is defined as any person not covered by contractual agreements with the City, excludingregulatory inspectors and compliance officers. Visitors may include vendors, tour groups or guests of theCity of Oakland or the Contractor. All visitors to City facilities or properties must have prior writtenauthorization from the Engineer. Visitors must be escorted by a Contractor supervisor or manager, or byCity of Oakland personnel, at all times while on-site. Visitors are prohibited from contact with hazardoussubstances or materials on-site and are also prohibited from entering any area of the work site that requirespersonal protective equipment (PPE), respirators, or specialized safety equipment, medical monitoring orsafety training.Contractors shall immediately notify the Engineer of any other party who requests entry to City facilitiesor property. This includes requests from county, state or Federal government agencies.7-10.4.5 b. Supervision. The Contractor will at all times be solely responsible for all means, methods,techniques, sequences and procedures of the Work, and the acts and omissions of all employees,Subcontractors and agents, and all other persons performing any of the Work.7-10.4.5 c. Employee Training and Qualifications. The Contractor will provide only properly trained andqualified personnel to perform work under this Contractor Agreement. The Contractor will provide onlyemployees who are trained in both general safe work practices and all applicable specific hazards of theWork.7-10.4.5 d. Environmental, Health and Safety Requirements. The Contractor agrees that Contractor hasbeen retained by the City of Oakland for reasons that include, but are not limited to, the Contractor’sexpertise with regard to safety and health hazards associated with the work to be performed by Contractor.The Contractor agrees that it has, and will have, sole responsibility for the health, safety, and welfare of itsemployees, Subcontractors, and agents performing Work under this Agreement. The Contractor has theauthority and responsibility to control, and/or correct all hazards associated with the work to be performed byContractor. If the Contractor becomes aware of a hazard that the Contractor contends was created orcaused by the City, the Contractor must notify the City immediately in the case of an imminent hazard, andno later than five working days in all other cases. If the Contractor fails to do so, the Contractor agrees toassume all responsibility to control and/or correct the hazard as if the Contractor were the creator or thecause of the hazard.1. Safety Equipment. Contractors must provide their own first aid supplies and emergency responseequipment. The Contractor must certify that at least one employee on each work shift has currenttraining in emergency first aid and cardiopulmonary resuscitation (CPR). The City does not supplyair monitoring or sampling equipment, respiratory protection, personal protective equipment (PPE),fall protection equipment or other safety equipment to persons who are not City of Oaklandemployees. Contractors are required to provide their own tools and equipment and maintain theirown PPE, respiratory protection, breathing air supplies, breathing air distributions systems, fallprotection and other safety equipment and supplies.2. Lockout/Tagout and Control of Hazardous Energy. At the pre-construction meeting the Contractorshall provide the Engineer with copies of its lockout and tagout procedures for control of hazardousenergy related to City equipment and utilities involved in the Contractor’s scope of work. TheContractor shall obtain permission and authorization from the Engineer before placing any lockout ortagout on City of Oakland equipment. Contractor employees must have their own individual locks andtags assigned to each employee for use in locking out and tagging out equipment required for theirOakland Street Lighting Conversion ProjectProject Special Provisions D-26 Bid Documents: Feb 2012 Update

APPENDIX Bassigned work tasks, regardless of whether the City of Oakland also applies its own lockouts andtagouts. The Contractors shall ensure that lockout and tagout activities and control of hazardousenergy comply with Cal/OSHA standards pertaining to these activities.3. Equipment and Utilities. Contractors are prohibited from starting, stopping, or otherwise accessing oroperating City of Oakland owned or leased equipment and utilities, unless specifically authorized to doso in written, contractual documents.The City of Oakland will provide the Contractor with information, if any is in the City’spossession, regarding the location of underground or above ground mechanical, electrical, gas,telephone, sewers, storm drains, water lines and other utilities that may be impacted by the nature ofthe Work; provided, however, that the City makes no warranty regarding the sufficiency or accuracyof such information. The Contractor will promptly inform the City in writing if the Contractor believesany information provided by the City is inaccurate in any material respect, or if the Contractorencounters unexpected or previously unknown site conditions. The Contractor will becomethoroughly familiar with the tolerances, dimensions and location of all such utilities. If necessary, theContractor will contact representatives of utility companies and public agencies, and review plansand information, if any, provided by such representatives and agencies about the Work site.The Contractor will be solely responsible for any damage done by Contractor to such utilitiesduring the Work. No repair of such damage will be included in the cost of the Work unless theContractor could not have located such utilities prior to such damage by conducting the investigationrequired by this Agreement. In such event, the repair of such damage may be included in the cost ofthe Work by Change Order, as set forth in this Agreement.4. Welding and Other Hot Work. Contractors are prohibited from welding, burning, cutting, or performingother “hot work” unless specifically authorized to do so in written contractual agreements. All hotwork must comply with Cal/OSHA standards for these work activities, including those standardspertaining to hot work permits and safe handling of compressed gases.5. Injury and Illness Prevention Plan. The Contractor shall develop and implement a written Injury andIllness Prevention Plan (IIPP) and Code of Safe Practices that specifically apply to the Contractor’sscope of work and anticipated work activities. The IIPP and Code of Safe Practices must complywith Cal/OSHA standards, as applicable. Copies of the IIPP and Code of Safe practices must beprovided at the pre-construction meeting..7-10.4.5 e. Prohibited Acts. Contractor employees and Subcontractors are prohibited from bringingfirearms, knives and weapons of any kind into City of Oakland facilities or onto City property, unlessspecifically authorized to do so in written contractual documents. The Contractor shall remove any personfound in unauthorized possession of such devices on City facilities and property.Threats and acts of violence or vandalism in the workplace are strictly prohibited. This includes, but is notlimited to, threats to City personnel or vandalism/property damage to City of Oakland facilities, equipment,supplies or properties.Contractor and Subcontractors are prohibited from scavenging or otherwise salvaging or removing anyCity of Oakland equipment, tools, waste materials or other property unless specifically authorized to do so inwritten contractual agreements.7-10.4.5 f. Work Site, Material Storage and Disposal. The Contractor will perform the Work withoutinterfering with City of Oakland employees or operations in areas around the Work site. The Contractor shallsecure and store all materials and supplies in a safe manner in accordance with local, state and Federallaws, standards and regulations. Contractors will on a daily basis, at their own expense, keep the Work siteand areas immediately adjacent thereto in an orderly and neat condition, clean and free from accumulationof waste materials and rubbish. Upon completion or termination of the Work, the Contractor will remove allwaste materials, rubbish, temporary structures, tools, equipment and surplus materials from the Work site.Contractors are prohibited from using or accessing City of Oakland waste disposal systems unlessspecifically authorized to do so in written contractual documents. Contractors shall provide their own wastestorage and disposal containers, store and dispose of all waste materials in a timely manner and inaccordance with local, state and Federal environmental, health and safety laws, standards and regulations.7-10.4.5 g. Incident Reporting. The Contractor shall immediately notify the Engineer of any occupationalinjury or illness, employee exposure to hazardous substances, vehicle accidents, property damage, orenvironmental spills or releases regardless of the severity of such incidents. The Contractor shall provide awritten incident report to the Engineer within 24 hours of any such occurrence. The City of Oakland reservesthe right to review Contractor incident investigations and/or perform the City’s own investigation(s), for thesole purpose of verifying facts and protecting City of Oakland personnel and property.Oakland Street Lighting Conversion ProjectProject Special Provisions D-27 Bid Documents: Feb 2012 Update

APPENDIX BREPLACE SUBSECTION 7-11 WITH THE FOLLOWING:7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in the Bid all patent fees or royalties onany patented article or process that may be furnished or used in the work.The Contractor agrees to hold the City harmless from and to indemnify the City against any and allcosts, attorneys' fees, and damages arising out of or connected with any claim, demand, action, lawsuit,judicial determination or judgment concerning infringement upon the rights of others, including patent rights,by the use of any article or process which may be furnished or used in the work. In the event of any suchinfringement claim, the Contractor shall notify the City within ten days of such claim, and keep the Cityadvised of all developments. The Contractor shall comply with all reasonable requests by the City forinformation and data in defense of such suit. The Contractor shall agree to defend any and all such claims,demands, actions and suits.In the event that any equipment or process furnished or used in the work is determined by the City or bya Court to infringe upon the rights of a third party, the City shall in addition have the option of:1. Replacing the equipment with non-infringing equipment;2. Modifying the equipment or process to the extent required to avoid such infringement;3. Continuing to use the equipment or process;4. Receiving as partial compensation the refund of all monies paid to the Contractor.In the event of replacement or modification, the amounts spent on such replacement or modificationshall be charged against and be recoverable from the Contractor. Final payment to the Contractor by theCity will not be made while any suit or claim remains unsettled.The City may itself defend any such claim, demand, action or suit, and settle or take any other action itdeems necessary or advisable in connection with any such claim, demand, action or suit.7-13 LAWS TO BE OBSERVED.ADD THE FOLLOWING TO THE END OF SUBSECTION 7-13:Before submitting bids, all Contractors shall be licensed in accordance with the provisions of Chapter 8 ofDivision III of the Business and Professions Code of the State of California.SECTION 9 - MEASUREMENT AND PAYMENT9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.9-1.1 General.DELETE THE WORD "pipe" FROM THE 2nd SENTENCE OF THE FIRST PARAGRAPH OF SUBSECTION9-1.1.9-3 PAYMENT.REPLACE SUBSECTION 9-3.2 WITH THE FOLLOWING:9-3.2 Partial and Final Payment. The Engineer will, after award of contract, establish a monthly closuredate for the purpose of making monthly progress payments. The Contractor may request in writing that suchmonthly closure date be changed. The Engineer may approve this request if it is compatible with theAgency’s payment procedures.Each month, the Engineer will make an approximate measurement of the work performed up to theclosure date and as a basis for making monthly payments, estimate its value based on the contract unitprices or as provided for in 9-2. No such monthly estimate or payment shall be required to be made when, inthe Engineer’s judgment, the work is not proceeding in accordance with the contract provisions, or when thetotal value of the work done by the Contractor since the last monthly estimate amounts to less than OneThousand Dollars ($1,000).When the work has been satisfactorily completed, the Engineer will determine the quantity of workperformed and prepare the final estimate.From each progress estimate, ten percent (10%) will be deducted and retained by the Agency, and theremainder less the amount of all previous payment will be paid to the Contractor. After 50 percent (50%) ofthe work has been completed and if progress on the work is satisfactory, the deduction from each remainingprogress estimates and from the final estimate may be limited to five percent (5%) of the total contractamount.As provided for in Section 4590 of the California Government Code and Section 10263 of the CaliforniaPublic Contract Code, the Contractor may substitute securities for any monies withheld by the City to ensurecontract performance. At the request and expense of the Contractor, securities equivalent to the amountOakland Street Lighting Conversion ProjectProject Special Provisions D-28 Bid Documents: Feb 2012 Update

APPENDIX Bwithheld shall be deposited with the City, or with a State or federally chartered bank as the escrow agent,who shall pay such moneys to the Contractor upon satisfactory contract completion. Securities eligible forinvestment under this subsection shall include those listed in Section 16430 of the Government Code, orbank or savings and loan certificates of deposit.The Contractor shall be the beneficial owner of any securities substituted for moneys by the City. Thesesecurities shall contain, as a minimum, the following provisions:1. The securities amount to be deposited;2. The terms and conditions of conversion to cash in case of the Contractor’s default; and3. Escrow termination upon contract completion.The City shall value any Contractor-deposited securities. The City’s decision on the securities value shall befinal.No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidateddamages under 6-9.9-3.2.1 Subcontractor Release of Retention. A Local Business Enterprise (LBE) Subcontractor mayrequest full release of their portion of the General Contractor’s retention held by the City of Oakland uponcompletion and tentative approval of all the LBE Subcontractor’s work on the project. This provision shall becontingent upon the following conditions:1. Payment and Performance Bonds remain in full force until completion and acceptance of the projectas defined by the Standard Specifications for Public Works Construction and Special Provisions.2. The LBE Subcontractor’s work must be complete and conditionally approved by the Engineer. TheLBE Subcontractor’s work is deemed complete and approved if:a. The General Contractor was allowed to advance the project beyond the LBE Subcontractor’swork. For example, advancing from grading to paving or from asbestos abatement to paintingand;b. The LBE Subcontractor has complied with all provisions in the City of Oakland andRedevelopment Agency Small Local Business Enterprise Program, and the City of Oakland andRedevelopment Agency Local Employment Program for Public Works Contracts.c. All work, including punch list work, is in full compliance with all applicable codes, contract plansand contract specifications.3. Completion and conditional approval for purposes of this provision shall not signify acceptance of thework by the City of Oakland. The LBE Subcontractor’s work shall continue to be subject to contractprovisions covering warranty, and incomplete or defective work.4. Release of any portion of the General Contractor’s retention shall not constitute a release of anycontract provisions governing the work.To initiate the release of their retention, the LBE Subcontractor shall apply by letter to the GeneralContractor. The letter must include:A statement certifying that the LBE Subcontractor’s work is complete and complies with allapplicable codes, contract plans and contract specifications.The dollar value and the scope of work of the LBE Subcontractor’s contract with the GeneralContractor.The dollar value of the LBE Subcontractor’s retention held by the General Contractor.A payment summary indicating that full payment, except the City’s retained amount, has been madeto each of the LBE Subcontractor’s subcontractors and suppliers. After the General Contractorverifies and certifies the above items, the General Contractor shall make a request to the City ofOakland to release a portion of the General Contractor’s retention, as stated in 9-3.2 of the StandardSpecifications for Public Works Construction, equal to the dollar value of the LBE Subcontractor’sretained amount. Upon the City of Oakland’s approval of this request, the retention will be releasedin the next scheduled progress payment. The General Contractor shall have three (3) business daysafter receipt to forward these funds to the LBE Subcontractor.9-3.2.2 Subcontractor/Subconsultant/Supplier Payment Certification. The Contractor shall certify inwriting that all subcontractors/ subconsultants/ suppliers have been paid for work and materials fromprevious progress payments received (less any retention) by the Contractor prior to receipt of any furtherprogress payments. In the event the Contractor is unable to pay a subcontractor/sub-consultant/supplier untilthey receive a progress payment from the City, the Contractor shall pay all subcontractors/ subconsultants/suppliers funds due from said progress payments within forty-eight hours of receipt of payment from the City.During and upon completion of the contract, the City may request monthly documentation to certify paymentOakland Street Lighting Conversion ProjectProject Special Provisions D-29 Bid Documents: Feb 2012 Update

APPENDIX Bto subcontractors/ subconsultant/ suppliers. The City reserves the right to issue joint checks payable to boththe Contractor and the subcontractor/ subconsultant/ supplier to insure proper payment. This provision in noway creates any contractual relationship between any subcontractor/ subconsultant/ supplier and the City orany liability on the City for the Contractor's failure to make timely payment to the subcontractor/subconsultant/supplier.In order for the City of Oakland to verify that all subcontractors, equipment owners and suppliers havebeen paid for work and materials from previous progress payments received, it will be necessary for theContractor to fill out the monthly progress payment for Subcontractors, Equipment Owner Operators &Suppliers Form. This form must be attached to the Contractor's monthly request for payment invoice.Failure to do so will delay the progress payment to the Contractor. One copy of the form must also be sentto the Department of Contracting and Purchasing, Contract Compliance Division, Oakland, CA 94612.Telephone (510) 238-3970. These forms are available at the Contract Compliance Office.The Engineer is authorized to withhold an amount from progress and final payments from Contractorswho do not submit certified payroll reports for themselves or their subcontractors or are in non-compliancewith the City of Oakland and Redevelopment Agency's Local Construction Employment Program andResolution No. 57103 C.M.S. governing the payment of prevailing wages. The Contract Compliance Officershall determine the withholding amounts.9-3.2.3 Submittal of Certified Payrolls. It is required that contractors and their subcontractors submitweekly certified electronic payroll reports for all crafts covered under the contract provisions within fiveworking days of the end of the payroll period. For tracking purposes the certified payroll records shall showthe ethnic and gender breakdown of the workforce. The Contractor’s failure to submit the requiredinformation may result in a monetary penalty in an amount not to exceed $1,000 or one percent (1%) of theamount of the contract, whichever is less, for each working day of non-compliance, regardless of the numberof separate acts of non-compliance by the contractor or subcontractor existing on a particular day.9-3.2.4 Required Construction and Demolition Waste Reduction and Recycling. The Contractor shallsubmit the proper form referenced in Subsection 4-1.1.3 Required Construction and Demolition WasteReduction and Recycling. Failure to provide this report will result in withholding up to 5% of the contractamount to the Contractor.9-3.2.5 Prompt Payment Transmittal Form. The Contractor shall provide a completed Prompt PaymentTransmittal form with each payment request. A copy of this form is included in the City of OaklandRequirements Section of these project documents. At the pre-bid meeting the Resident Engineer shallprovide a sample form that shows the Resident Engineer’s information that shall be provided on eachtransmittal form.REPLACE SUBSECTION 9-3.3 WITH THE FOLLOWING:9-3.3 Delivered Materials. In determining the amounts of a progress payment, the City may consider theinvoiced value of acceptable materials delivered on the site or furnished and stored off the site, if suchstorage is within a 25-mile radius of the Oakland City Hall, Oakland, California, except for plant (nursery)material, for which said radius shall be 40 miles. In either case, the Contractor shall furnish evidencesatisfactory to the City: (1) of the value of such materials; and (2) that such materials are under theexclusive control of the Contractor and have been paid for. Only materials to be incorporated in the projectwill be considered for purposes of partial payment. Partial payment shall not be construed as acceptance ofsuch materials, nor relieve the Contractor from sole responsibility for the care and protection of suchmaterials, nor relieve the Contractor from risk of loss to such materials from any cause including, but notlimited to, theft, casualty, act of God, vandalism or levy by creditors, nor as a waiver of the right of the City torequire fulfillment of all terms of the contract.The Contractor shall submit, upon demand, invoices, bills of lading and other documentary evidenceregarding material involved in progress payments, indicating thereon that such material is specificallyassigned to this work, and shall submit documentary evidence of acceptable fire and extended coverageinsurance for such material or acceptable certification that material is in storage in a bonded warehouse or atthe approved site.Payment will not be made for materials wasted or disposed of in a manner not called for under theContract. This includes all rejected material either unloaded, or not unloaded, from vehicles. Nocompensation will be allowed for disposing of rejected or excess material.All material covered by partial payment made shall thereupon become the sole property of the City, butthis provision shall not be construed as relieving the Contractor from the sole responsibility for the properstorage, transportation, care, maintenance and protection of materials upon which payments have beenmade or the restoration of any damaged material, or as a waiver of the City’s right to require the fulfillment ofall contract terms.Oakland Street Lighting Conversion ProjectProject Special Provisions D-30 Bid Documents: Feb 2012 Update

APPENDIX B9-3.4 MOBILIZATION.ADD THE FOLLOWING PARAGRAPH TO SUBSECTION 9-3.4:The cost of mobilization work shall be included in the payment made for other items of work items, and noseparate payment shall be made therefor.ADD THE FOLLOWING SUBSECTION:9-4 AS-BUILT DRAWINGS. The Contractor shall provide and keep up-to-date a complete " as-built" recordset of paper prints that shall be corrected daily and shall show every change from the original contractDraw ings and Specifications and the exact " as-built" locations, kinds and sizes of material and equipment.This set of prints shall be kept on the job site and shall be used only as a record set.Final As-Built Draw ings: On completion of the w ork, the Contractor shall provide the final, completeset of as-built draw ings to the Resident Engineer.in addition to any other w ithheld amounts.Oakland Street Lighting Conversion ProjectProject Special Provisions D-31 Bid Documents: Feb 2012 Update

APPENDIX BPART 2 - CONSTRUCTION MATERIALSSECTION 307 - STREET LIGHTING AND TRAFFIC SIGNALS307-1 GENERAL.ADD NEW SENTENCE AFTER THE FIRST SENTENCE OF SUBSECTION 307-1 TO READ:The work shall include trenching, backfilling, foundations (street light, traffic signal, Tesco Panel), anchorbolts, conduits, curb boxes, pull ropes, street lights and traffic signals, and the restoration of street surfaces:sidewalk, roadway, curb and gutter, ADA ramps, tree wells, etc. Work shall also include modification toexisting foundations, as well as extension and connection to existing conduits, boxes and foundations. Thecontractor shall safe-guard all its installation until the City accept and utilize the work.ADD NEW PARAGRAPH AT THE END OF SUBSECTION 307-1 TO READ:All materials furnished and used shall be new and conform to the requirements shown in the standarddrawings, except such used materials as may be specifically provided for on the plans. The materials shallbe manufactured, handled, and used in a workmanlike manner to insure complete work in accordance withthe plans and specifications.The location of signals, standards, signs, controls, services and appurtenances are shown on the plans.Any relocation required due to obstructions shall be done under the Engineer’s direction.All systems shall be complete and in satisfactory operating conditions at the time of contract acceptance.307-1.1 Equipment List and Drawings.ADD NEW SENTENCE AT THE END OF THE FIRST PARAGRAPH OF SUBSECTION 307-1.1 TO READ:Where the Contractor installs electrical equipment as detailed on the plans, the submission of detaileddrawings and diagrams will not be required.REPLACE THE LAST PARAGRAPH OF SUBSECTION 307-1.3 WITH THE FOLLOWING:Upon completion of the Work, the Contractor shall submit two complete sets of “as-built” Plans showingin detail all construction changes. Specifically one of these two sets shall be delivered to PWA ElectricalServices. Further, a reduced set of 11”x17” shall be made of the “as-built” Plans and delivered to PWAElectrical Services.307-2 Maintenance of Existing and Temporary Systems.ADD FOUR NEW PARAGRAPHS AT THE END OF SUBSECTION 307-2:1. All existing street lighting systems to be modified shall remain in operation until final connections aremade.2. Relocation or reconnection of existing street light systems shall be completed before nightfall of thesame day.3. All existing street lights and street light circuits shall be in operation during the regular lighting scheduleas defined by the serving utility.4. Should the Contractor fail to meet the above requirements, City personnel will do any required work tomeet the above requirements at the Contractor’s expense. Similarly, any damage to existing electricalfacilities due to the Contractor’s construction activities will be repaired by City personnel and deductedfrom any monies due to the Contractor.ADD NEW SUBSECTION 307-2.1 TO READ:307-2.1 Scheduling of Work.1. Work shall be so scheduled that each traffic signal and lighting system shall be completed and ready foroperation prior to opening the corresponding roadway section to traffic.2. The traffic signal system shall be placed in operation for use by public traffic without the energizing ofstreet lighting at the intersection to be controlled if street lighting exists or is being installed in conjunctionwith the traffic signals.3. The Contractor will aim all traffic signal heads and level all luminaires under the Engineer’s directionbefore placing either system in operation.4. Traffic signal systems will not be placed in operation prior to the Engineer’s acceptance.5. After the intersection is placed in operation, a five-day fully operational test period will begin. TheContractor shall correct any failures or malfunctions occurring in that five-day period. After suchcorrections are completed, a new five-day test will recommence.Oakland Street Lighting Conversion ProjectProject Special Provisions D-32 Bid Documents: Feb 2012 Update

APPENDIX B6. Street lighting circuits shall be energized in the presence of the Engineer between normal working hoursof 9:00 a.m. to 3:00 p.m.7. Lighting circuits shall be energized individually. After confirming circuit connections, all lighting circuitsshall be connected and shall remain energized for a period of not less than fourteen (14) days, on theregular lighting schedule as defined by the serving utility. This period will be used as part of thefunctional test provisions for street lighting. The Contractor shall correct any failures or malfunctions thatmay occur in this period. After corrections have been completed, a new test period will recommence.307-7 Excavation and Backfill.ADD THE FOLLOWING TO THE END OF THE 3 RD PARAGRAPH OF SUBSECTION 307-7.1 TO READ:307-7.1. General. The work site shall be in a presentable condition at the end of the workday or at thecompletion of work to the satisfaction of the City.ADD THE FOLLOWING TO THE END OF SUBSECTION 307-7.1 TO READ:307-7.1. General. The contractor shall provide all required tools, equipment, shoring, boring, steel platingand traffic safety-warning devices.307-7.2 Rockwheeling.ADD NEW SUBSECTION 307-7.2 TO READ:The contractor shall provide trench with a rock cutting trencher strictly according to the requirements inDrawing E-92, in the Standard Details. The minimum depth for rockwheeling shall be 18-inch to the top ofconduit in street area. Conduit emplacement typically consists of a single 2-inch HDPE conduit for streetlighting, or a single 3-inch HDPE conduit for traffic signal, or a single 3-inch HDPE or PVC conduit for TescoPanel service.a. All concrete, asphalt and pavement cutting and trenching shall be done using a rock cuttingtrencher which cuts and trenches at the same time. One lane at a time will be closed while cuttingand trenching.b. Saw cutting shall be done along score lines requiring complete flag removal i. e. no trench cuts.c. All trenches will be filled with slurry. Backfill for rockwheeling shall be per Section 306-1.3.4 –Backfilling Narrow Trenches. All concrete capping shall be no less than six inches thick and fiveinches wide. Concrete capping shall be continuous with no mechanical reinforcement. Transitready mix vehicles shall be used. No hand or portable mixing shall be allowed. The contractorshall bear all costs to replace all excavated material in the work site.d. The contractor shall properly dispose of all spoil (including concrete, asphalt or dirt) including allcontaminated soil and waste at no additional cost to the City. The contractor shall bear all costs toremove all excavated material from the work site – including transportation costs, dump fees,permits, etc.e. T-section repair is required for rockwheeling – 6-inch width T-cut shall be installed on both side ofthe trench in accordance with Drawing D-30 and D-31 in the Standard Details.f. All sidewalk replacement will match existing condition.g. Payment: The unit price per linear foot of rockwheeling shall include full compensation tofurnish all labor, materials, tools, equipment, and incidentals required to rockwheel the trench andrestore the street/sidewalk to its original condition in accordance with the Plans, StandardSpecifications and Standard Details. The work includes, but not limited to, pothole investigation,saw cutting concrete and asphalt pavement, trenching and backfill, disposal of materials,transportation of backfill and excavated materials, dump fees of excavated materials, concreteprotective cap, restoring sidewalk, curb ramp, pavement, stripping, and appurtenance damagedduring construction. Measurements to determine the pay quantities shall be made in horizontalplane along the centerline of the trench.307-7.3 Open TrenchingADD NEW SUBSECTION 307-7.3 TO READ:Oakland Street Lighting Conversion ProjectProject Special Provisions D-33 Bid Documents: Feb 2012 Update

APPENDIX BOpen trench is performed in street area or sidewalk area. The minimum depth for open trenching shallbe thirty six (36) inches to the top of the conduit in street and twenty four (24) inches to the top of the conduitin sidewalk. Open trench shall be in accordance with plans and specifications and in accordance with therequirements in Drawings D-30 and D-31 of the Standard Details, dated July 1987 for T-section.a. All concrete and asphalt trenching shall be done using a trencher which cuts and trenches at thesame time. One lane at a time will be closed while cutting and trenching.b. Trenching shall be done along score lines requiring complete flag removal.c. All trenches will be filled with slurry. Backfill shall be per Section 306-1.3.4. – Backfilling NarrowTrenches. All concrete capping shall be no less than six inches thick and five inches wide.Concrete capping shall be continuous with no mechanical reinforcement. Transit ready mixvehicles shall be used. No hand or portable mixing shall be allowed.d. The contractor shall properly dispose of all spoil (including concrete, asphalt or dirt) including allcontaminated soil and waste at no additional cost to the City. The contractor shall bear all costs toremove all excavated material from the work site – including transportation costs, dump fees,permits, etc.e. T-section repair is required for open trenching – 6-inch width T-cut shall be installed on both sideof the trench in accordance with Drawing D-30 and D-31 in the Standard Details.f. All sidewalk replacement will match existing condition.g. Payment: The unit price per linear foot of open trenching shall include full compensation tofurnish all labor, materials, tools, equipment, and incidentals required to trench and restore thestreet/sidewalk to its original condition in accordance with the Plans and Specifications. The workincludes, but not limited to, pothole investigation, saw cutting concrete and asphalt pavement,trenching and backfill, disposal of materials, concrete protective cap, restoring sidewalk, curbramp, pavement, stripping, and appurtenance damaged during construction. Measurements todetermine the pay quantities shall be made in horizontal plane along the centerline of the trench.307-8.2 Foundations.ADD NEW PARAGRAPHS AT THE END OF SUBSECTION 307-8.2 TO READ:Foundation construction shall conform to the Standard Details or as otherwise detailed on theconstruction plans and specifications. The Engineer shall approve the foundation before any concrete ispoured.When a foundation is to be abandoned in place, the top of foundation, anchor bolts, and conduits shallbe removed to a depth of not less than 0.50 feet below the surface of sidewalk or unimproved ground. Theresulting hole shall be backfilled with material equivalent to the surrounding material.Streetlight or traffic signal foundations shall be installed at designated locations according to plans andspecifications and in accordance with the requirements in Drawings E-72, E-73 and E-74.ADD NEW SUBSECTION 307-8.3 TO READ:307-8.3 Payment: The unit price of streetlight foundation shall include full compensation to furnish all labor,materials, tools, equipment, and incidentals required to install concrete foundation, complete in place, inaccordance with the Plans and Specifications, and Standard Details. The work includes, but not limited to,pothole investigation, abandonment of existing foundation, saw cutting concrete and asphalt pavement,excavation and backfill, disposal of materials, placement of reinforcement, anchor bolts, and concrete,restoring sidewalk, curb ramp, pavement, stripping, and appurtenance damaged during construction.307-11.1 Pull Boxes.ADD NEW PARAGRAPHS AT END OF SUBSECTION 307-11.1 TO READ:In concrete areas, a minimum of four inches (4") of concrete will be integrally poured around the box.The Contractor shall field locate all new pull box locations. The proposed locations shall be staked by theContractor and approved by the Engineer prior to installation.Oakland Street Lighting Conversion ProjectProject Special Provisions D-34 Bid Documents: Feb 2012 Update

APPENDIX BAll curb boxes indicated on the plans shall be as follows unless otherwise noted:1. For streetlight - size No. 5.2. For Traffic Signal – size No. 63. For Tesco Panel – size No. 64. For Traffic Signal Interconnect – size No. 6ADD NEW SUBSECTION 307-11.2 TO READ:307-11.2 Payment: The unit price of pull boxes shall include full compensation to furnish all labor, materials,tools, equipment, and incidentals required to install pull boxes, complete in place, in accordance with thePlans, Specifications and Standard Details. The work includes, but not limited to, pothole investigation,removal of existing pull box, saw cutting concrete and asphalt pavement, furnishing and installing pull boxes,excavation and backfill, disposal of materials, restoring sidewalk, curb ramp, pavement, stripping, andappurtenance damaged during construction.ADD NEW SUBSECTION 307-11.4 TO READ:307-11.4 Relocating and Replacing City Utility Boxes. The bid item Replace/Relocate City Utility Boxpays for the relocation of an existing City utility box where it unavoidably conflicts with the construction of anew curb ramp. In most cases, the Contractor shall construct extra wide central ramp areas in order topermit existing City utility boxes to remain in place. (See Subsection 303-5.5.3.2) However, in certainsituations replacement or relocation of the City utility box is necessary, as shown on the plans. TheContractor shall coordinate this work with the various utilities and agencies as necessary.The Contractor shall perform the City utility box relocation and relocation work resulting from theconstruction of new curb ramps in accordance with the plans and specifications. Traffic loops, video cameracables, traffic inter-connect cable and fiber optic cable shall not be spliced except where there are currentsplices. Traffic signal cable may only be spliced with the Engineer’s approval and if splice chambers areinstalled.Payment: The Contract Unit Price paid for each Replace/Relocate City Utility Box shall include fullcompensation for furnishing labor, materials, w ater, tools, and equipment, and doing all the w orkinvolved in relocating and replacing the City utility boxes (including utility coordination, installation ofconduits and cables of varying sizes and lengths, installation of various traffic signal and street lightingcables and conductors, splicing all necessary cable and w iring as permitted by these Special Provisionsand the Engineer) and performing all the incidental w ork connected therew ith as show n on the plans,City Standard Details, the Standard Specifications and these Special Provisions.307-12 CONDUIT.REPLACE THE FIRST SENTENCE IN THE SIXTH (6 TH ) PARAGRAPH TO READ:307-12.1 General.Detector, telephone interconnect, or street lighting conduit shall be 2-inch (50mm) nominal size unlessotherwise specified in the Plans, Standard Details and/or Special Provisions. Direct interconnect, utilityservice, inductive loop detector or traffic signal conduit shall be 3-inch (75mm) nominal size unless otherwisespecified in the Plans, Standard Details and/or Special Provisions.ADD NEW PARAGRAPHS AT THE END OF SUBSECTION 307-12.1 TO READ:307- 12 General. Unless otherwise approved by the Engineer, HDPE conduit shall be joined with the buttfusion techniques.Mandrels shall be at least three inches long and shall have a diameter that is at least eighty percent(80%) of the inside conduit diameter. Any conduit run which will not allow the mandrel to pass will not beaccepted until the obstructions have been corrected.Conduit laid in open trench shall not be covered nor shall any trench or inspection hole be backfilled untilthe Engineer has approved the installation.Conduits terminating in a curb box shall be brought into the box on a gradual upward sweep of up to 45degrees. The Engineer will not permit any 90-degree bends into the box bottom. The conduit shall notextend into the box more than 2" beyond the inside face of the box. Longitudinal conduit runs entering curbboxes shall enter at their respective ends of the curb box. Lateral conduit runs shall enter at the respectiveside..Oakland Street Lighting Conversion ProjectProject Special Provisions D-35 Bid Documents: Feb 2012 Update

APPENDIX BThe conduit runs shall be as shown on the attached plans. The line to be followed by each run ofconduit, as indicated on the plans, is necessarily approximate. The Contractor shall determine and makesuch deviations from the lines indicated on the plans as may be reasonably necessary in order to clear otherunderground utilities or structures, subject to the Engineer’s approval. It is not contemplated or intended thatany existing underground pipes, conduits, or other existing underground structures shall be changed ormoved in order to permit carrying out the work covered by these specifications.a. All conduits shall be installed beneath official sidewalk or roadway areas excepting riser conduits.Conduit placed in the ground under sidewalks shall, as far as practicable, be placed at a minimumdepth of 18-inches below adjacent curb grade. Conduit under sidewalks shall be placed as near theadjacent existing curb position as is practicable without making repeated bends to clear poles, watermeters, and similar obstructions.b. Conduit may be laid on top of the existing pavement within curbed medians being constructed on topof said pavement.c. Conduit placed under existing pavement may be installed by means of a rock-cutting trencher.Conduit shall be placed at a minimum depth of 18 inches below the roadway surface, with aminimum 6" concrete cap on top of conduit.The Contractor shall install as per Plans, Specifications and Standard Details and be entirely responsible forthe correct conduit installation method i.e. open trench, in pavement cuts, or in holes bored through theground from one excavation to another.The following restrictions shall apply in appropriate circumstances:a. The Contractor shall consult with the proper utility companies or agencies to determine the locationof their conduits, ducts, underground pipes, cables, sewers or other underground structures.b. The Contractor shall open, by hand digging, test holes to locate existing conduits, cables, sewers orother underground structures which could be damaged by the new installation.c. No conduit shall run through catch basins, drainage ducts or other underground installations.d. The Contractor shall have full responsibility for repairing any underground structure damaged byoperations.e. The City shall have the right to require any additional inspection holes the Engineer finds necessary.f. Tunneling under streets or trenchless boring will be allowed in accordance with the Plans andSpecifications, and as permitted bythe Engineer. The Contractor is required to obtain video scan ofall sewer laterals before commencement of the boring and at the end of the bore and per thedirection of the Engineer.g. Each conduit run terminating in a Pacific Gas and Electric (PG&E) Company structure shallterminate not less than one-half (1/2) inch or more than one inch short of the inside wall, leaving arecess which shall be grouted smooth into a funnel shape. The Contractor shall schedule and meetwith PG&E to determine the exact location where the conduit will terminate in the PG&E structure.The Contractor shall repair any damage to the structure walls to the satisfaction of PG&E.Extreme care must be exercised to avoid stepping on cable or supports or otherwise injuring cables. Nosmoking or other open flames will be allowed in manholes.307-13 WIRES, CONDUCTORS AND CABLES.ADD NEW PARAGRAPHS TO THE END OF SUBSECTION 307-13.1 TO READ:307-13.1 General.a. Wire and cable shall be installed in continuous lengths from luminaire to curb box and from curb box tocurb box without intermediate splices.b. The Contractor shall provide sufficient slack wire in curb boxes so that finished loops may extend at leasttwo feet beyond the enclosure limits.c. Wire, cable and pull the tape or rope shall be carefully pulled in at the same time so that crossings andwrapping are avoided. The conduit system is designed as a multipurpose system; additional electricsystem will be installed in available conduit space.d. Cable entering a curb box shall be protected from water during the construction period. The Contractormay be required to replace part or all of a cable length when an unprotected end has been in water.e. Splicing chambers and fuse kits shall be carefully assembled so that they are watertight.f. The Contractor shall seal conduit ends with sealing compound after wire is installed. Sealing compoundshall be non-hardening, putty-like, adhesive material.g. Water and/or a special lubricant approved by the Electrical Services Division are the only permissiblelubricants.Oakland Street Lighting Conversion ProjectProject Special Provisions D-36 Bid Documents: Feb 2012 Update

APPENDIX Bh. All street light circuits shall be tagged in service boxes and in every curb box where more than onecircuit appears. Circuits shall be identified using 3/8-inch plastic tape with letters printed with atapewriter. The self-adhesive tape shall be wrapped around the conductors and folded back on itself toform a tag. The description shall be printed on the tail of the tag.i. All detector lead-in cables shall be tagged in the curb box where they splice to the loop andmagnetometer head lead-in and in the local controller. The tagging method shall be the same asdescribed for street light circuits.ADD NEW PARAGRAPHS TO THE END OF SUBSECTION 307-13.2 TO READ:307-13.2 Splices. Street lighting splices shall generally use approved compression type devices, BurndyType YC-C, or equal. For "T" splices, the through conductor shall not be broken. Handmade splices may beused but procedure must be approved before making up the splices.The splice shall be taped to 1-1/2 times the thickness of the original insulation with 3/4" wide, 7 mil,electrical tape, or approved equal. Each layer shall lap 1/4" over the preceding layer along the originalinsulation. Apply waterproof sealer to finished splice and allow drying before placing in the box.Traffic signal cables shall be spliced in watertight splicing chambers. The watertight splicing chambershall be fabricated as shown on StandardDetails. The Engineer will lend a sample chamber if the Contractordesires.ADD NEW PARAGRAPHS TO THE END OF SUBSECTION 307-13.4 TO READ:307-13.4 Bonding and Grounding. Conduit bonding and the ground rod location in curb boxes shallconform to the StandardDetails.Ground rods shall be installed in curb boxes and/or foundations as shown on the plans.307-13.5 Restoration of Existing Wires and Cables.All existing streetlights are fully functional and the Contractor shall not modify any of the existing streetlightwirings. At locations where the Contractor must remove existing conductors to install the new substructure,the Contractor is responsible for ensuring that existing wirings are reconnected exactly as found or asspecified in the plans and are left fully functional after new wires and cables are installed. The Contractorshall restore any damages they make on the existing wirings. The Contractor shall conduct tests, in thepresence of the Engineer, to record the operational condition of existing wires and cables prior to completionif it is suspected that such wires or cables are not currently fully functional.307-14 SERVICESADD NEW PARAGRAPHS TO THE END OF SUBSECTION 307-14.1 TO READ:307-14.1 General.Streetlight and traffic signal services shall be connected to the service utility's wires at those locations shownon the plans. The Contractor shall obtain a permit for each traffic signal and irrigation controller serviceinstalled. The Contractor shall be responsible for coordinating the service installation with the serving utility.At all new and modified service locations, the Contractor shall furnish conduit, curb box, conductors, andall other necessary material to complete the installation to the service location in accordance with the servingutility's rules and regulations. The Contractor shall pay all utility company connection.Service arrangement for meter, fuses and circuit breakers are shown on the Plans, Standard Details orSpecifications.ADD NEW PARAGRAPH TO THE END OF SUBSECTION 307-14.2 TO READ:307-14.2 Services on Utility-Owned Poles. Service riser conduit shall terminate with a service head orshall be sealed to prevent the entrance of water, as approved by the serving utility.ADD NEW SUBSECTION 307-14.6 TO READ:307-14.6 Service Pedestal. For installation of new street lights or traffic signal system, a service pedestalthat conforms to 209-3.10.2 is required.ADD NEW SUBSECTION 307-14.7 TO READ:307-14.7 Measurement. Service Pedestal shall be measured by each unit implemented which include thematerial, the foundation, conduit(s) for the utility service and conduits for street light/traffic signal, ground rod,pull rope, anchor bolts and all other materials needed to complete the installation.Oakland Street Lighting Conversion ProjectProject Special Provisions D-37 Bid Documents: Feb 2012 Update

APPENDIX BADD NEW SUBSECTION 307-14.8 TO READ:307-14.8 Payment. Payment for Service Pedestal shall be made for each unit implemented complete withthe material, the foundation, conduit(s) for the utility service and conduits for street light/traffic signal, groundrod, pull rope, anchor bolts, and all other materials needed to complete the installation.REPLACE SUBSECTION 307-15.1 TO READ:307-15.1 General. Circuit breakers conforming to 209-3.11 shall be constructed at the locations shown onthe Plans. Circuit breakers used shall be enclosed in a Service Pedestal that conform to 209-3.10.2.307-16 STREET LIGHTING CONSTRUCTION.REPLACE SUBSECTION 307-16.2 WITH THE FOLLOWING:307-16.2 Pull Box Covers. Pull box covers shall be inscribed “CITY OF OAKLAND” “ELECTRICAL.”307-16.4 Wiring/Conductors.REPLACE THE THIRD PARAGRAPH OF SUBSECTION 307-16.4 WITH THE FOLLOWING:Each multiple lighting circuit shall be protected by a fuse mounted in a watertight inline fuse holderinstalled in each ungrounded conductor. The fuses shall be located in the adjacent curb box as shown onthe plans and be readily accessible. Fuse Splice Connectors shall meet the requirements of SpecialProvisions 209-4.3.2.307-16.7 Service.DELETE THE ENTIRE SUBSECTION307-16.8 Luminiares.REPLACE THE SUBSECTION 307-16.8.1 WITH THE FOLLOWING:307-16.8.1 General. HPS Luminiares shall conform to 209-4.4 in the General Provisions, and LEDLuminiares shall conform to 209-4.9 in the Special Provisions unless otherwise noted in the Plans andSpecifications.307-17 TRAFFIC SIGNAL CONSTRUCTION.307-17.1 General.ADD NEW SENTENCE TO THE END OF SUBSECTION 307-17.1 TO READ:City personnel shall energize and de-energize all traffic control circuits as needed and make anynecessary changes to the existing controller.307-17.3 Pull Box Covers.REPLACE SUBSECTION 307-17.3 WITH THE FOLLOWING:307-4.4 Pull Box Covers. Pull box covers to be installed in signal systems or combined signal and lowvoltagelighting systems shall be inscribed “CITY OF OAKLAND” “ELECTRICAL.”307-17.5 Wiring, Conductors and Cable.ADD TO THE END OF THE THIRD PARAGRAPH OF SUBSECTION 307-17.5.1:and approved splicing chambers.ADD NEW PARAGRAPH AT THE END OF SUBSECTION 307-17.5.1 TO READ:Each traffic signal circuit shall be protected by a fuse mounted in a watertight inline fuse holder installedin each ungrounded conductor. The fuses shall be located in the curb boxes as shown on the plans. Fusekit requirements are shown in the Standard Details.307-17.6 Signal Heads.CHANGE LAST PARAGRAPH OF SUBSECTION 307-17.6 TO READ:Side-mounted adapters shall be mounted on the standard quadrant facing the property line.Engineer must approve locations for traffic signal mounting before drilling.TheREPLACE SUBSECTION 307-17.6.2 WITH THE FOLLOWING:307-17.6.2 Signal Head Mountings. Signal head mounting assemblies shall be installed as shown on theplans and Standard Details.307-17.7.3 Inductive Loop Detectors.Oakland Street Lighting Conversion ProjectProject Special Provisions D-38 Bid Documents: Feb 2012 Update

APPENDIX BSUBSTITUTE THE TWO PARAGRAPHS UNDER ITEM a) AND ITEM b) OF SUBSECTION 307-17.7.3.2WITH THE FOLLOWING:a) Detector loops shall be installed as detailed on the construction plans and specifications and inaccordance with the Standard Details.RENUMBER THE c) PARAGRAPH IN SUBSECTION 307-17.7.3.2 AS THE b) PARAGRAPHREPLACE THE LAST SENTENCE IN THE PARAGRAPH UNDER ITEM c) OF SUBSECTION 307-17.7.3.2WITH THE FOLLOWING SENTENCE:The measurement shall be made using the nearest ground and the shield (if any) of the lead-in shall begrounded.ADD THE FOLLOWING AT THE END OF THE SECOND LAST PARAGRAPH IN SUBSECTION 307-17.7.3.2 TO READ:Sprinkle dry cement on top of the loop sealant to prevent lifting by vehicle tires during the setting period.DELETE THE SECOND SENTENCE OF THE 8 TH PARAGRAPH OF SUBSECTION 307-17.7.3.2.307-17.7.4 Magnetometer Detectors.SUBSTITUTE THE LAST PARAGRAPH OF SUBSECTION 307-17.7.4 WITH THE FOLLOWING:The epoxy sealant for the slots and holes shall be as shown in the Standard Details, except the top 3inches (76 mm) of the holes shall be filled with the epoxy sealant.REPLACE SUBSECTION 307-19 WITH THE FOLLOWING:307-19 PAINTING AND GALVANIZING.1. Upon receipt of the lighting standards, the Contractor shall spot-prime all damaged areas with a highquality automotive gray enamel primer equal to Sherwin Williams primer #B50N2.2. Pole finish shall be galvanized or painted with an alkyd resin automotive enamel of one of the followingfour standard colors, as per the City Outdoor Lighting Standards: a) RAL 6011 Boxwood Green, b) RAL6009 Dark Green, c) RAL 5020 Teal Green, and d) RAL 9004 Signal Black. The thickness of the finishenamel shall be 1.5-mil minimum.3. Application shall be by brush or by spray without runs or holidays. The drying time between paint layersshall be as recommended by the manufacturer.4. When completed, the lighting standard shall have a uniformly glossy appearance with a minimum of 2.5mils of paint on the pole and an average thickness not less than 3 mils taken at five random points onthe pole.5. Before painting, all standards and pedestals shall be installed on their foundations and shall be paintedwith the standard bolted in place.6. Standards used for streetlight and traffic signals shall have the bottom 10 feet painted with two coats ofenamel. If a traffic signal mast arm is installed, it also shall have two coats of this enamel.7. The traffic signal standards and controller cabinets shall be painted with two coats of enamel. Basecovers and signal head mounting brackets shall be painted to match traffic signal head color.8. After final painting has been accepted, the pole number shall be affixed on the quadrant facing traffic.The City will supply letters, numerals and clear sealer. Numbers shall read from top to bottom with thebottom numeral five (8) feet six (6) inches above sidewalk grade as per Standard Details.9. Previously painted standards that are relocated shall be spot-primed and repainted with two coats offinished enamel applied as specified above.10. Refer to Standard Details for painting colors and configurations.11. Do not paint galvanized streetlight or traffic signal standards, galvanized mast arms or intermediatemetal conduit standards.307-20 SALVAGE.ADD NEW PARAGRAPH AT THE END OF SUBSECTION 307-20 TO READ:Where an existing system is to be modified, the existing material shall be reused in the revised system,or removed and returned to the City. The Contractor shall notify the Engineer 48 hours in advance beforedelivering any salvage material. The Contractor shall unload the salvage material in an area designated bythe Engineer.**************THE END **************Oakland Street Lighting Conversion ProjectProject Special Provisions D-39 Bid Documents: Feb 2012 Update

APPENDIX BATTACHMENTSNo. Attachment NameRef. Section1 Submittal List 2-5.3.32 Material Submittal 2-5.3.33 Material or Product or Method Substitution Request 3-1.14 Contractor’s Claim Submittal Form 3-75 As-Built Plans Certification Form 6-87 Holiday Restricted Streets 7-10.1.28 Limited Operation Areas 7-10.1.213 Schedule Q – Insurance Requirements 7-3Oakland Street Lighting Conversion ProjectProject Special Provisions D-40 Bid Documents: Feb 2012 Update

NO.5.3.3REQUIREDSIGNATURESAPPENDIX BAttachment 1 – Submittal List (SAMPLE)CONTR=Contractor; SUPPL= Supplier Subsection 2-ITEMTYPE1 CONTR SUPPLImported MaterialsCertification Form4-1CONTR Construction Schedule 6-1CONTR As-Built Plans 6-8SPECIFICATIONNO.CONTR Traffic Control Plan 7-10.1CONTRInjury and IllnessPrevention Plan7-10.4.5.dCONTR Trench Shoring 2-5.3.2CONTR SUPPL Backfill Crushed Aggregate Base 200-2.2CONTR SUPPL Backfill Misc. Aggregate Base 200-2.2CONTR SUPPL Subbase Selected Subbase 200-2.6CONTR SUPPL ConcreteSidewalks, curbs, gutters, ramps,sewer structures, etc.201-8CONTR SUPPL Steel Reinforcement Steel Reinforcement for Concrete 201-2CONTR SUPPL ScreeningsCover aggregate for chip sealscreenings200-1.2.1CONTR SUPPL Paving Materials Paving Asphalt 203-1CONTR SUPPL Paving Materials Liquid Asphalt 203-2CONTR SUPPL Paving Materials Emulsified Asphalts 203-3CONTR SUPPL Paving Materials Emulsion-Aggregate Slurry 203-5CONTR SUPPL Paving Materials Asphalt Concrete 203-6CONTRCONTRSUPPLSUPPLPaving Materials – ACTop Course or ACOverlayPaving Materials – ACLower Courses½” Maximum Aggregate, Medium15% recycled Asphalt, Type A,PG64-103/4” Maximum Aggregate, Medium15% recycled Asphalt, Type A,PG64-10203-6203-6CONTR SUPPL Paving Materials Recycled AC – Hot Mixed 203-7CONTR SUPPL Paving Materials Asphalt Paint 203-8CONTR SUPPL Paving Materials Sealcoat 203-9CONTR SUPPL Pipe Reinforced Concrete Pipe 207-2CONTR SUPPL Pipe Vitrified Clay Pipe 207-8CONTR SUPPL Pipe Cast Iron Pipe 207-9CONTR SUPPL Pipe PE Solid Wall Pipe 207-19CONTRSUPPLJoints, Fittings &CouplingsCONTR SUPPL Electrical Components Anchor Bolts, Nuts and Washers 209-3.2CONTR SUPPL Electrical Components Standards 209-3.3CONTR SUPPL Electrical Components Mast Arms 209-3.4CONTR SUPPL Electrical Components Conduit 209-3.5CONTR SUPPL Electrical Components Circuit Breakers 209-3.11208Oakland Street Lighting Conversion ProjectProject Special Provisions D-41 Bid Documents: Feb 2012 Update

APPENDIX BCONTR SUPPL Electrical Components Wire/Conductors 209-4.2CONTR SUPPL Electrical Components Splicing Units and Terminal Blocks 209-4.3CONTR SUPPL Electrical Components Electroliers HPS 209-4.4CONTR SUPPL Electrical Components Photoelectric Controls 209-4.7CONTR SUPPL Electrical Components Transformers 209-4.8CONTR SUPPL Electrical Components Electroliers LED 209-4.9CONTR SUPPL Electrical Components Traffic Signal Materials 209-5CONTR SUPPL Electrical ComponentsSteel Pedestrian Standards andPedestals for Controller Cabinets209-5.1CONTR SUPPL Electrical Components Pedestals 209-5.2CONTR SUPPL Electrical Components Conductors and Cable 209-5.3CONTR SUPPL Electrical Components Controllers 209-5.4CONTR SUPPL Electrical Components Traffic Signal Faces and Fittings 209-5.5CONTR SUPPL Electrical Components Pedestrian Signal Sections 209-5.6CONTR SUPPL Electrical Components Signal Mounting Assemblies 209-5.7CONTR SUPPL Electrical Components Detectors 209-5.8CONTR SUPPL Paint Traffic Striping, Curb Marking, etc. 210-1.6CONTR SUPPL Paint Reflective Traffic Striping 210-1.6.5CONTRSUPPLImported MaterialsCertification FormSubbase, Aggregate Base, Fill,Topsoil, etc.211-5CONTR SUPPL Chip Seal Chip Seal Materials 302-2CONTR SUPPL Manhole Components Ram-Nek for Sealing MH Sections 303-8.1CONTR SUPPL Pipe RehabilitationCured-in-Place Liner Pipe (CIPP)HDPE Pipe Expanding; orDeformed/Reformed HDPE500-1.4500-1.6500-1.7CONTR SUPPL Repair Sleeve HDPE Repair Sleeve 500-1.3.6CONTR SUPPL Pipe Saddles Polyethylene 500-1.3.8*All specification designations refer to the Standard Specifications for Public Works Construction (GreenBook), 2009 Edition; these Special Provisions; and the City of Oakland Standard Details for Public WorksConstruction, 2002 Edition. This list is intended to be comprehensive, but no claim for their completeness isimplied, and submittal of each and every item on the lists shall not relieve the Contractor of supplying allinformation needed, or of complying with any of the other requirements of the specifications. Revised listsmay be issued and items may be added to the list supplied.Oakland Street Lighting Conversion ProjectProject Special Provisions D-42 Bid Documents: Feb 2012 Update

APPENDIX BAttachment 2Material SubmittalSubsection 2-5.3.3Supplier/Manufacturer:_____________________________________________________Address:________________________________________________________________Telephone:____________________________ Fax: ______________________________Item Description: __________________________________ Spec. #: ________________Use of Item: _____________________________________________________________Note to the Supplier: The attached project special provisions modify the 2009 StandardSpecifications for Public Works Construction (Green Book). These special provisions detail therequirements for the proposed material. Please review the special provisions, the Green Book andthe text in the box below to ensure that the proposed material meets the project specifications.Include this signed form with all necessary documents for the material submittal.I certify that the proposed material is in compliance with the contract specifications with no exceptions. with exceptions as noted. Submittal Item Number _____(Use numbering system from Attachment1.)Signature of Supplier’s Representative:____________________________ Date: __________Signature of Contractor’s Representative: ____________________________Date: __________Submittal Review□ No exceptions taken □ Exceptions taken as Noted □ Reviewed□ Rejected□ Revise and Resubmit□ Review Not Required □ Submit Specified Item□ __________________________________________________Review is only for the general conformance w ith the project design concept and general compliance w ith theinformation provided in the Contract Documents. The Contractor is responsible for conformance w ith allrequirements of the Contract Documents, including, but not limited to, dimensions that shall be field verified,fabrication processes and construction techniques, coordination of w ork, and satisfactory performance of allw ork. Deviations from the Contract Documents are not review ed unless specifically requested by theContractor in w riting. Review on resubmission w ill only cover designated changes on this submittal and otherchanges specifically identified by the Contractor.CITY OF OAKLAND PWA, Dept. of Engineering and ConstructionComments:Reviewer:Date:Oakland Street Lighting Conversion ProjectProject Special Provisions D-43 Bid Documents: Feb 2012 Update

APPENDIX BAttachment No. 3MATERIAL OR PRODUCT OR METHOD SUBSTITUTION REQUESTSubsection 3-1.1NOTE: Provide six sets of this completed form and attachments for each separatesubstitutionrequest.To: City of OaklandProject Number:Project Name:A. We hereby submit for your consideration the following product instead of the specified item:1. Section Sub-article2. Specified Item3. Proposed Substitution (Mfr., Type, Model, Rehabilitation, etc.)B. Complete all of the following:1. We propose providing the City a cost credit (including costs for changes by other trades) of $____. Does this substitution offer earlier delivery or less construction time?(Yes____) (No____)How much and why?(hours/days/weeks)2. How does this substitution affect any dimensions, layouts, profiles or details of othertrades/methods as shown on the drawings?3. Has this substitution been coordinated with the remainder (or other portions being affected) of theproject?4. What are the specific differences between this substitution and the specified item?C. Attach the following items as applicable. Check box if item is attached to this substitution request.a. Manufacturer’ technical datab. Laboratory test or performance results e. Samplesc. Drawings & diagrams of the proposedproduct / methodd. Drawings & description of changesrequired by other tradesf. Manufacturer’s guarantee &maintenance instructionsD. The undersigned agrees to pay for all design, testing, changes to the Contract Documents, andconstruction costs incurred as a result of the acceptance of this substitution, at no cost to the City.E. Submitted by (Firm):Signature: Title: Date:Oakland Street Lighting Conversion ProjectProject Special Provisions D-44 Bid Documents: Feb 2012 Update

APPENDIX BAttachment 4Contractor’s Claim Submittal FormSection 3-7*****Under penalty of law for perjury or falsification and with specific reference to theCalifornia False Claims Act, Government Code Section 12650 et. Seq., theundersigned,Name Title Companyhereby certifies that the claim for additional compensation or time, if any, madeherein for the work on this contract is a true statement of the actual costs incurredand time sought, and is fully documented and supported under the contractbetween the parties.Dated/s/Subscribed and sworn before me this _____ day of _________________, 200__.Notary PublicMy Commission Expires*****Oakland Street Lighting Conversion ProjectProject Special Provisions D-45 Bid Documents: Feb 2012 Update

APPENDIX BAttachment 5As-Built Plans Certification FormSection 6-8Date:_____________________To:PWA , Construction and Field Services DivisionAttn: __________________________250 Frank H. Ogawa Plaza, Suite 4344Oakland, Ca 94612Re: Project No.: ___________Project Title: ____________________________________________________________________________________________________________________________________________________________________________________________________________________The enclosed As-Built plans are submitted as required by Section 6-8 “ Completionand Acceptance” of the contract specifications.As the representative of _____________________________________, the GeneralContractor for the above referenced project, I hereby certify that all improvement work forsaid project has been completed in conformance with the original plans and specificationsand changes noted on these As-Built plans.Signed:Title:____________________________________________________________________________________________Contractor’s License Number: _____________________________________________________________________________________Oakland Street Lighting Conversion ProjectProject Special Provisions D-46 Bid Documents: Feb 2012 Update

APPENDIX BAttachment 7:HOLIDAY RESTRICTED STREETSAntioch St: AllBancroft Ave: 57th to 75th Ave.Broadway: AllClay St: 7th St. to San PabloCollege Ave: AllDimond Ave: Montana to MacArthurFrank Ogawa Plaza: AllEl Embarcadero: AllFoothill Blvd: Lakeshore to 73rd Ave.Franklin St: 7th St. to BroadwayFruitvale Ave: E 12th to E 22 nd& School St. to Lyman Rd.Grand Ave: AllHarrison St: 5th St. to 27th St.Havenscourt Blvd: Camden to MacArthurJack London Square: AllLake Park Ave: AllLakeside Dr: AllLakeshore Dr: 12th St. to PrinceLaSalle Ave: N End to Moraga Ave.MacArthur Blvd: Excelsior to High St.;& Seminary to 76th Ave.Medau Place: AllMontana St: MacArthur Blvd. to FruitvaleMountain Blvd: Moraga to Colton Blvd.Park Blvd: E 18th St. to 5th Ave.& Hampel to GlendoraPiedmont Ave: Broadway to Pleasant ValleyPleasant Valley: AllSeminary Ave: Avenal to MonadnockTelegraph Ave: AllSubsection 7-10.1.2Webster St: 6th St. to BroadwayWest Grand: Broadway to TelegraphWest MacArthur: Harrison to ManilaWilliams: MLK Jr. Way to Telegraph5th St: Market to Broadway7th St: Broadway to Madison8th St: MLK Jr. Way to Madison9th St: MLK Jr. Way to Madison10th St: MLK Jr. Way to Madison11th St: Brush to 12th St. Dam12th St: Brush to 1st Ave.13th St: Broadway to Harrison14th St: Brush St. to 12th St. Dam15th St: Broadway to Harrison16th St: Clay to Telegraph17th St: Brush to Lakeside Dr.18th St: Brush to Telegraph19th St: Castro to Lakeside Dr.20th St: Castro to Harrison St.21st St: MLK Jr. Way to Harrison22nd St: MLK Jr. Way to Harrison1st Ave: E 12th St. to Foothill3rd Ave: E 18th St. to Park Blvd.35th Ave: San Leandro St. to E 15th St.;& Suter St. to Kansas St.68th Ave: Foothill to MacArthur73rd Ave: E 14th St. to MacArthurEast 14th St: 1st Ave. to San Leandro LimitsEast 18th St: Lakeshore to 8th Ave.Oakland Street Lighting Conversion ProjectProject Special Provisions D-47 Bid Documents: Feb 2012 Update

APPENDIX BAttachment 8: LIMITED OPERATION AREASAdeline St: 1st St. to 7th St.Ardley Ave: E 31st St. to MacArthurBancroft: 42nd Ave. to San Leandro LimitsBancroft Way: E14th St. to 47th Ave.Bayo Vista Ave: Harrison to Oakland Ave.Beaumont Ave: 14th Ave. to Park Blvd.Bond St: 42nd Ave. to Bancroft Ave.Broadway: AllBroadway Terrace: Broadway to Glenbrook Dr.Brush St: 5th St. to W GrandCamden St: Foothill to SeminaryCastro St: 5th St. to San Pablo Ave.Chatham Rd: Beaumont Ave. to Park Blvd.Chester St: 5th St. to 7th St.Claremont Ave: AllCollege Ave: AllColiseum Way: High St. to 50th Ave.Doolittle Dr: AllEdes Ave: Hegenberger to 98th Ave.Edwards Ave: AllEl Embarcadero: AllFoothill Blvd: 1st Ave. to MacArthurFranklin St: 7th St. to BroadwayFruitvale Ave: Alameda Limits to WhittleGrand Ave: Broadway to MandanaInternational Blvd/14th Ave: AllNorthgate Ave: AllHarold St: AllHarrison St: 5th St. to Bayo Vista Ave.Havenscourt Blvd: AllHawley St: 69th Ave. To 73rd Ave.Hegenberger Rd: AllHigh St: AllInternational Blvd: AllKeith Ave: College to BroadwayLakepark Ave: Grand to Wesley Ave.Lakeshore Ave: 12th St. to MandanaLakeside Dr: Harrison St. to Oak St.Lincoln Ave: AllMacArthur Blvd: Fairmount Ave. to Seminary& 73rd Ave. to San Leandro City LimitsMadison St: 5th St. to Lakeside Dr.Mandana Blvd: Grand to LakeshoreMandela Parkway: AllMarket St: 5th St. to Aileen St.Miles St: Forest St. to Patton St.MLK Jr. Way: AllMontana St: MacArthur to CoolidgeMoraga Ave: AllMountain Blvd: Thornhill to Park Blvd.Oak St: Lakeside Dr. to 5th St.Oakland Ave: AllPark Blvd: AllPeralta St: 5th St. to 8th St.Piedmont Ave: AllSubsection 7-10.1.2Pleasant Valley Ave: AllRedwood Rd: 35th Ave. To SkylineSan Leandro St: AllSan Pablo Ave: AllSnake Rd: Mountain Blvd. to Shepherd CanyonRd.Seminary Ave: San Leandro St. to MacArthurShattuck Ave: AllTelegraph Ave: AllThornhill Dr: Moraga Ave. to Mountain Blvd.Webster St: 7th St. to BroadwayW Grand Ave: AllW MacArthur Blvd: All1st Ave: All5 th Ave: All14th Ave: All22nd Ave: Foothill Ave. to 23rd Ave.23rd Ave: All29th Ave: Estuary Bridge to International Blvd.33rd Ave: E 12th St. to E 14th St./ Int’l Blvd.34th Ave: E 12th St. to E 14th St.35th Ave: San Leandro St. to Redwood Rd.37th Ave: San Leandro St. to E 12th St.42nd Ave: E 14th St./ International Blvd. toFoothill46th Ave: E 12th St. to E 14th St./Int’l Blvd.66th Ave: Oakport Rd. to E 14th St./Int’l Blvd.69th Ave: San Leandro St. to Hawley St.73rd Ave: All81st Ave: San Leandro St. to E 14th St.98th Ave: AllE 8th St: AllE 12th St: 1st Ave. to 46th Ave.E 14th St. (International Blvd): AllE 15th St: 1st Ave. to 14th Ave.E 18th St: Lakeshore Ave. to 14th Ave.5th St: Oak to Market & Mandela to Peralta6th St: Oak to Jackson & Broadway to Market7th St: 7th Ave. To 7th St. Maritime Terminal11th St: Market St. to Oak St.12th St: Broadway to Fallon St.12th St. Dam: All Roadway Facilities14th St: Market St. to Oak St.17th St: Harrison St. to Brush St.18th St: Market St. to MLK Jr. Way19th St: MLK Jr. Way to Harrison St.20th St: San Pablo Ave. to Lakeside Dr.27th St: San Pablo Ave. to Harrison St.27th St: San Pablo Ave. to MLK Jr. Way35th St: Market St. to MLK Jr. Way36th St: Market St. to MLK Jr. Way40th St: All51st St: Telegraph to Broadway52nd St: MLK Jr. Way to TelegraphProject Special Provisions D-48 Bid Documents: AUG 2011 Update

APPENDIX BAttachment 13Schedule QCONSTRUCTION CONTRACTORINSURANCE REQUIREMENTS(Revised 08/01/11)a. General Liability, Automobile, Workers’ Compensation, Professional Liability andBuilders’ RiskContractor shall procure, prior to commencement of service, and keep in force forthe term of this contract, at Contractor's own cost and expense, the followingpolicies of insurance or certificates or binders as necessary to represent that coverageas specified below is in place with companies doing business in California andacceptable to The City. If requested, Contractor shall provide the City with copiesof all insurance policies. The insurance shall at a minimum include:i. Commercial General Liability insurance shall cover Bodily Injury,Property Damage and Personal Injury for Premises Operations, Products andCompleted Operations, Independent Contractors and Contractual Liability.Coverage shall be at least as broad as Insurance Services Office CommercialGeneral Liability coverage (occurrence Form CG 00 01).A. Coverage afforded on behalf of the City, Counciulmembers,directors, officers, agents, employees and volunteer shall be primaryinsurance. Any other insurance available to the City,Counciulmembers, directors, officers, agents, employees andvolunteers under any other policies shall be excess insurance (overthe insurance required by this Agreement.B. Limits of liability: Contractor shall maintain commercial generalliability (CGL) and, if necessary, commercial umbrella insurancewith a limit of not less than $2,000,000 each occurrence. If suchCGL insurance contains a general aggregate limit, it shall applyseparately to this location/project or the general aggregate limitshall be twice the required occurrence limit.ii.iii.Automobile Liability Insurance. Contractor shall maintain automobileliability insurance for bodily injury and property damage liability with alimit of not less than $1,000,000 each accident. Such insurance shallcover liability arising out of any auto (including owned, hired, and nonownedautos). Coverage shall be at least as broad as Insurance ServicesOffice Form Number CA 00 01.Worker's Compensation insurance as required by the laws of the State ofCalifornia. Coverage shall include Employers Liability coverage with limitsnot less than $1,000,000 each accident, $1,000,000 policy limit bodily injuryby disease, $1,000,000 each employee bodily injury by disease. . TheProject Special Provisions D-49 Bid Documents: JAN 2012 Update

APPENDIX BContractor certifies that he/she is aware of the provisions of section 3700 of theCalifornia Labor Code, which requires every employer to provide Workers'Compensation coverage, or to undertake self-insurance in accordance withthe provisions of that Code. The Contractor shall comply with theprovisions of section 3700 of the California Labor Code before commencingperformance of the work under this Agreement and thereafter as required bythat code.iv.Professional Liability/Errors and Omissions insurance as appropriatefor design/build operations with limits not less than $2,000,000 each claimand $2,000,000 aggregate. . If the professional liability/errors andomissions insurance is written on a claims made form:a. The retroactive date must be shown and must be before the date of thecontract or the beginning of work.b. Insurance must be maintained and evidence of insurance must beprovided for at least three (3) years after completion of the contractwork.c. If coverage is cancelled or non-renewed and not replaced with anotherclaims made policy form with a retroactive date prior to the contracteffective date, the contractor must purchase extended period coverage fora minimum of three (3) years after completion of work.v. Builders’ Risk/Course of Construction Insurance (CP 10 30) coveringall risks of loss in an amount equal to the completed value form with nocoinsurance penalty provisions and in an amount equal to the initialcontract sum, subject to subsequent modification of the contract sum. Theinsurance shall apply on a replacement cost basis. The insurance shallname as insured the City of Oakland, the Contractor and all subcontractorsin the work. The insurance shall cover the entire work at the siteidentified in the Scope of Work, including reasonable compensation forarchitects’ services and expenses made necessary by an insured loss.Insured property shall include portions of the work located away from thesite but intended for use at the site and shall also cover portions of thework in transit. The policy shall cover the cost of removing debris,including demolition as may be made legally necessary by the operation ofany law, ordinance or regulation. The insurance shall be maintained ineffect until the project has been accepted as substantially complete. Theinsurer shall waive all rights of subrogation against the City.b. Terms Conditions and EndorsementsThe aforementioned insurance shall be endorsed and have all the followingconditions:i. Insured Status (Additional Insured): Contractor shall provide insured statususing ISO endorsement CG 20 10 or its equivalent naming the City ofProject Special Provisions D-50 Bid Documents: JAN 2012 Update

APPENDIX BOakland, its Councilmembers, directors, officers, agents employees and volunteersas insureds in the Comprehensive Commercial General Liability policy. IfContractor submits the ACORD Insurance Certificate, the insured statusendorsement must be set forth on a CG 20 10 (or equivalent). ASTATEMENT OF ADDITIONAL INSURED STATUS ON THE ACORDINSURANCE CERTIFICATE FORM IS INSUFFICIENT AND WILL BEREJECTED AS PROOF OF MEETING THIS REQUIREMENT; andii.iiiiv.Cancellation Notice: 30-day prior written notice of termination or materialchange in coverage and 10-day prior written notice of cancellation fornon-payment;The Workers’ Compensation policy shall be endorsed with a waiver ofsubrogation in favor of the City for all work performed by the contractor, itsemployees, agents and subcontractors.Certificate holder is to be the same person and address as indicated in the“Notices” section of this Agreement; andv. Insurer shall carry insurance from an admitted company with a Best Ratingof A VII or better.c. Deductibles and Self-Insured RetentionsAny deductible or self-insured retention must be declared to and approved by theCity. At the option of the City, either: the insurer shall reduce or eliminate suchdeductible or self-insured retentions as respects the City, its Councilmembers,directors, officers, agents, employees and volunteers; or the Contractor shall providea financial guarantee satisfactory to the City guaranteeing payment of losses andrelated investigations, claim administration and defense expenses.d. Replacement of CoverageIn the case of the breach of any of the insurance provisions of this Agreement, theCity may, at the City's option, take out and maintain at the expense of Contractor,such insurance in the name of Contractor as is required pursuant to this Agreement,and may deduct the cost of taking out and maintaining such insurance from anysums which may be found or become due to Contractor under this Agreement.e. Insurance InterpretationAll endorsements, certificates, forms, coverage and limits of liability referred toherein shall have the meaning given such terms by the Insurance Services Officeas of the date of this Agreement.Project Special Provisions D-51 Bid Documents: JAN 2012 Update

APPENDIX Bf. Proof of InsuranceContractor will be required to provide proof of all insurance required for the workprior to execution of the contract, including copies of Contractor’s insurancepolicies if and when requested. Failure to provide the insurance proof requestedor failure to do so in a timely manner shall constitute ground for rescission of thecontract award.g. SubcontractorsContractor shall include all subcontractors as insureds under its policies or shallfurnish separate certificates and endorsements for each subcontractor. Allcoverages for subcontractors shall be subject to all the requirements stated herein.h. Waiver of SubrogationContractor waives all rights against the City of Oakland and its Councilmembers,officers, directors and employees for recovery of damages to the extent thesedamages are covered by the forms of insurance coverage required above.i. Evaluation of Adequacy of CoverageThe City of Oakland maintains the right to modify, delete, alter or change theserequirements, with reasonable notice, upon not less than ninety (90) days priorwritten notice.j. Higher Limits of InsuranceIf the contractor maintains higher limits than the minimums shown above, theCity shall be entitled to coverage for the higher limits maintained by thecontractor.Project Special Provisions D-52 Bid Documents: JAN 2012 Update

APPENDIX BAttachment 13Schedule QINSURANCE REQUIREMENTS(Revised 08/01/11)a. General Liability, Automobile, Workers' Compensation and Professional LiabilityContractor shall procure, prior to commencement of service, and keep in force forthe term of this contract, at Contractor's own cost and expense, the followingpolicies of insurance or certificates or binders as necessary to represent that coverageas specified below is in place with companies doing business in California andacceptable to the City. If requested, Contractor shall provide the City with copies ofall insurance policies. The insurance shall at a minimum include:i. Commercial General Liability insurance, shall cover bodily injury,property damage and personal injury liability arising from premisesoperations, independent contractors, products-completed operationspersonal & advertising injury and contractual liability. Coverage shall beat least as broad as Insurance Services Office Commercial GeneralLiability coverage (occurrence Form CG 00 01)A. Coverage afforded on behalf of the City, Councilmembers, directors,officers, agents and employees and volunteers shall be primaryinsurance. Any other insurance available to the CityCouncilmembers, directors, officers, agents and employees andvolunteers under any other policies shall be excess insurance (overthe insurance required by this Agreement).B. Limits of liability: Contractor shall maintain commercial generalliability (CGL) and, if necessary, commercial umbrella insurancewith a limit of not less than $2,000,000 each occurrence. If suchCGL insurance contains a general aggregate limit, either thegeneral aggregate limit shall apply separately to thisproject/location or the general aggregate limit shall be twice therequired occurrence limit.ii.iii.Automobile Liability Insurance. Contractor shall maintain automobileliability insurance for bodily injury and property damage liability with alimit of not less than $1,000,000 each accident. Such insurance shallcover liability arising out of any auto (including owned, hired, and nonownedautos). Coverage shall be at least as broad as Insurance ServicesOffice Form Number CA 0001. .Worker's Compensation insurance as required by the laws of the State ofCalifornia. Statutory coverage may include Employers Liability coveragewith limits not less than $1,000,000 each accident, $1,000,000 policy limitbodily injury by disease, $1,000,000 each employee bodily injury by disease.Project Special Provisions D-53 Bid Documents: JAN 2012 Update

APPENDIX BThe Contractor certifies that he/she is aware of the provisions of section3700 of the California Labor Code, which requires every employer toprovide Workers' Compensation coverage, or to undertake self-insurance inaccordance with the provisions of that Code. The Contractor shall complywith the provisions of section 3700 of the California Labor Code beforecommencing performance of the work under this Agreement and thereafteras required by that code.iv.Professional Liability/Errors and Omissions insurance appropriate to thecontractor’s profession with limits not less than $2,000,000 each claim and$2,000,000 aggregate. If the professional liability/errors and omissionsinsurance is written on a claims made form:a. The retroactive date must be shown and must be before the date of thecontract or the beginning of work.b. Insurance must be maintained and evidence of insurance must beprovided for at least three (3) years after completion of the contractwork.c. If coverage is cancelled or non-renewed and not replaced with anotherclaims made policy form with a retroactive date prior to the contracteffective date, the contractor must purchase extended period coverage fora minimum of three (3) years after completion of work.b. Terms Conditions and EndorsementsThe aforementioned insurance shall be endorsed and have all the followingconditions:i. Insured Status (Additional Insured): Contractor shall provide insured statususing ISO endorsement CG 20 10 or its equivalent naming the City ofOakland, its Councilmembers, directors, officers, agents and employees andvolunteers as insured’s in the Comprehensive Commercial General Liabilitypolicy. If Contractor submits the ACORD Insurance Certificate, the insuredstatus endorsement must be set forth on a CG 20 10 (or equivalent). ASTATEMENT OF ADDITIONAL INSURED STATUS ON THE ACORDINSURANCE CERTIFICATE FORM IS INSUFFICIENT AND WILL BEREJECTED AS PROOF OF MEETING THIS REQUIREMENT; andii.Cancellation Notice: 30-day prior written notice of termination or materialchange in coverage and 10-day prior written notice of cancellation fornon-payment;iii.The Workers Compensation policy shall be endorsed with a waiver ofsubrogation in favor of the City for all work performed by the contractor, itsemployees, agents and subcontractors.Project Special Provisions D-54 Bid Documents: JAN 2012 Update

APPENDIX Biv.iv.Certificate holder is to be the same person and address as indicated in the“Notices” section of this Agreement; andInsurer shall carry insurance from admitted companies with a Best Rating ofA VII or better.c. Replacement of CoverageIn the case of the breach of any of the insurance provisions of this Agreement, theCity may, at the City's option, take out and maintain at the expense of Contractor,such insurance in the name of Contractor as is required pursuant to this Agreement,and may deduct the cost of taking out and maintaining such insurance from anysums which may be found or become due to Contractor under this Agreement.d. Insurance InterpretationAll endorsements, certificates, forms, coverage and limits of liability referred toherein shall have the meaning given such terms by the Insurance Services Officeas of the date of this Agreement.e. Proof of InsuranceContractor will be required to provide proof of all insurance required for the workprior to execution of the contract, including copies of Contractor’s insurancepolicies if and when requested. Failure to provide the insurance proof requestedor failure to do so in a timely manner shall constitute ground for rescission of thecontract award.f. SubcontractorsShould the Contractor subcontract out the work required under this agreement, theyshall include all subcontractors as insured’s under its policies or shall maintainseparate certificates and endorsements for each subcontractor. As an alternative, theContractor may require all subcontractors to provide at their own expense evidenceof all the required coverages listed in this Schedule. If this option is exercised, boththe City of Oakland and the Contractor shall be named as additional insured underthe subcontractor’s General Liability policy. All coverages for subcontractors shallbe subject to all the requirements stated herein. The City reserves the right toperform an insurance audit during the course of the project to verify compliancewith requirements.g. Deductibles and Self-Insured RetentionsAny deductible or self-insured retention must be declared to and approved by theCity. At the option of the City, either: the insurer shall reduce or eliminate suchdeductible or self-insured retentions as respects the City, its Councilmembers,Project Special Provisions D-55 Bid Documents: JAN 2012 Update

APPENDIX Bdeductible or self-insured retentions as respects the City, its Councilmembers,directors, officers, agents, employees and volunteers; or the Contractor shall providea financial guarantee satisfactory to the City guaranteeing payment of losses andrelated investigations, claim administration and defense expenses.h. Waiver of SubrogationContractor waives all rights against the City of Oakland and its Councilmembers,officers, directors and employees for recovery of damages to the extent thesedamages are covered by the forms of insurance coverage required above.i. Evaluation of Adequacy of CoverageThe City of Oakland maintains the right to modify, delete, alter or change theserequirements, with reasonable notice, upon not less than ninety (90) days priorwritten notice.J. Higher Limits of InsuranceIf the contractor maintains higher limits than the minimums shown above, The Cityshall be entitled to coverage for the higher limits maintained by the contractor.Project Special Provisions D-56 Bid Documents: JAN 2012 Update

SAMPLEPROFESSIONAL OR SPECIALIZED SERVICE AGREEMENTBETWEEN THE CITY OF OAKLANDANDName of ContractorWhereas, the City Council has authorized the City Administrator to enter into contracts for professionalor specialized services if the mandates of Oakland City Charter Section 902(e) have been met.Now therefore the parties to this Agreement covenant as follows:1. Parties and Effective DateThis Agreement is made and entered into as of Month, Date, Year between the City ofOakland, a municipal corporation, (“City”), One Frank H. Ogawa Plaza, Oakland, California94612, and Name of Contractor (“Contractor”)2. Scope of ServicesContractor agrees to perform the services specified in Schedule A, Scope of Servicesattached to this Agreement and incorporated herein by reference. Contractor shall designatean individual who shall be responsible for communications with the City for the duration ofthis Agreement. Schedule A includes the manner of payment. The Project Manager for theCity shall be Project Manager Name.3. Time of PerformanceContractor’s services shall begin on Month, Date, Year and shall be completed Month, Date,Year.4. Compensation and Method of PaymentContractor will be paid for performance of the scope of services an amount that will be basedupon actual costs but that will be “Capped” so as not to exceed $Amount, based upon the scopeof services in Schedule A and the budget by deliverable task and billing rates in Schedule B.The maximum that will be charged for the entire scope of work will not exceed the Cappedamount, even if the Contractor’s actual costs exceed the Capped amount. Invoices shall state adescription of the deliverable completed and the amount due. Payment will be due uponcompletion and acceptance of the deliverables as specified in the Scope of Services.Project Name Page 1 of 24 Rev. 05/31/ 2012

In the aggregate, progress payments will not exceed ninety percent (90%) of the total amountof the contract, with the balance to be paid upon satisfactory completion of the contract.Progress, or other payments, will be based on at least equivalent services rendered, and willnot be made in advance of services rendered.In computing the amount of any progress payment (this includes any partial payment of thecontract price during the progress of the work, even though the work is broken down intoclearly identifiable stages, or separate tasks), the City will determine the amount that thecontractor has earned during the period for which payment is being made, on the basis of thecontract terms. The City will retain out of such earnings an amount at least equal to tenpercent (10%), pending satisfactory completion of the entire contract.5. Independent Contractora. Rights and ResponsibilitiesIt is expressly agreed that in the performance of the services necessary to carry out thisAgreement, Contractor shall be, and is, an independent contractor, and is not anemployee of the City. Contractor has and shall retain the right to exercise full controland supervision of the services, and full control over the employment, direction,compensation and discharge of all persons assisting Contractor in the performance ofContractor’s services hereunder. Contractor shall be solely responsible for all mattersrelating to the payment of his/her employees, including compliance with social security,withholding and all other regulations governing such matters, and shall be solelyresponsible for Contractor's own acts and those of Contractor’s subordinates andemployees. Contractor will determine the method, details and means of performing theservices described in Schedule A.b. Contractor’s QualificationsContractor represents that Contractor has the qualifications and skills necessary toperform the services under this Agreement in a competent and professional mannerwithout the advice or direction of The City. The Contractor warrants that theContractor, and the Contractor’s employees and sub-consultants are properlylicensed, registered, and/or certified as may be required under any applicable federal,state and local laws, statutes, ordinances, rules and regulations relating toContractor’s performance of the Services. All Services provided pursuant to thisAgreement shall comply with all applicable laws and regulations. Contractor willpromptly advise City of any change in the applicable laws, regulations, or otherconditions that may affect City’s program. This means Contractor is able to fulfill therequirements of this Agreement. Failure to perform all of the services required underthis Agreement will constitute a material breach of the Agreement and may be cause fortermination of the Agreement. Contractor has complete and sole discretion for theProject Name Page 2 of 24 Rev. 05/31/ 2012

manner in which the work under this Agreement is performed. Prior to execution of thisagreement, Contractor shall complete Schedule M, Independent ContractorQuestionnaire, attached hereto.c. Payment of Income TaxesContractor is responsible for paying, when due, all income taxes, including estimatedtaxes, incurred as a result of the compensation paid by the City to Contractor for servicesunder this Agreement. On request, Contractor will provide the City with proof of timelypayment. Contractor agrees to indemnify the City for any claims, costs, losses, fees,penalties, interest or damages suffered by the City resulting from Contractor’s failure tocomply with this provision.d. Non-Exclusive RelationshipContractor may perform services for, and contract with, as many additional clients,persons or companies as Contractor, in his or her sole discretion, sees fit.e. Tools, Materials and EquipmentContractor will supply all tools, materials and equipment required to perform theservices under this Agreement.f. Cooperation of the CityThe City agrees to comply with all reasonable requests of Contractor necessary to theperformance of Contractor’s duties under this Agreement.g. Extra WorkContractor will do no extra work under this Agreement without first receiving priorwritten authorization from the City.6. Proprietary of Confidential Information of the CityContractor understands and agrees that, in the performance of the work or services under thisAgreement or in contemplation thereof, Contractor may have access to private or confidentialinformation which may be owned or controlled by the City and that such information maycontain proprietary or confidential details, the disclosure of which to third parties may bedamaging to the City. Contractor agrees that all information disclosed by the City toContractor shall be held in confidence and used only in performance of the Agreement.Contractor shall exercise the same standard of care to protect such information as areasonably prudent contractor would use to protect its own proprietary data.Project Name Page 3 of 24 Rev. 05/31/ 2012

7. Ownership of ResultsAny interest of Contractor or its Subcontractors, in specifications, studies, reports,memoranda, computation documents prepared by Contractor or its Subcontractors indrawings, plans, sheets or other connection with services to be performed under thisAgreement shall be assigned and transmitted to the City. However, Contractor may retainand use copies for reference and as documentation of its experience and capabilities.8. Copyright9. AuditContractor shall execute appropriate documents to assign to the City the copyright to workscreated pursuant to this Agreement.Contractor shall maintain (a) a full set of accounting records in accordance with generallyaccepted accounting principles and procedures for all funds received under this Agreement; and(b) full and complete documentation of performance related matters such as benchmarks anddeliverables associated with this Agreement.Contractor shall (a) permit the City to have access to those records for the purpose of making anaudit, examination or review of financial and performance data pertaining to this Agreement;and (b) maintain such records for a period of four years following the last fiscal year duringwhich the City paid an invoice to Contractor under this Agreement.In addition to the above, Contractor agrees to comply with all audit, inspection, recordkeepingand fiscal reporting requirements incorporated by reference.10. Agents/BrokersContractor warrants that Contractor has not employed or retained any subcontractor, agent,company or person other than bona fide, full-time employees of Contractor working solely forContractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to payany subcontractor, agent, company or persons other than bona fide employees any fee,commission, percentage, gifts or any other consideration, contingent upon or resulting from theaward of this Agreement. For breach or violation of this warranty, the City shall have the rightto rescind this Agreement without liability or, in its discretion, to deduct from the Agreementprice or consideration, or otherwise recover, the full amount of such fee, commission,percentage or gift.11. AssignmentContractor shall not assign or otherwise transfer any rights, duties, obligations or interest in thisAgreement or arising hereunder to any person, persons, entity or entities whatsoever without theProject Name Page 4 of 24 Rev. 05/31/ 2012

prior written consent of the City and any attempt to assign or transfer without such prior writtenconsent shall be void. Consent to any single assignment or transfer shall not constitute consentto any further assignment or transfer.12. PublicityAny publicity generated by Contractor for the project funded pursuant to this Agreement, duringthe term of this Agreement or for one year thereafter, will make reference to the contribution ofthe City of Oakland in making the project possible. The words “City of Oakland” will beexplicitly stated in all pieces of publicity, including but not limited to flyers, press releases,posters, brochures, public service announcements, interviews and newspaper articles.City staff will be available whenever possible at the request of Contractor to assist Contractor ingenerating publicity for the project funded pursuant to this Agreement. Contractor further agreesto cooperate with authorized City officials and staff in any City-generated publicity orpromotional activities undertaken with respect to this project.13. Title of PropertyTitle to all property, real and personal, acquired by the Contractor from City funds shall vest inthe name of the City of Oakland and shall be accounted for by means of a formal set of propertyrecords. Contractor acknowledges it is responsible for the protection, maintenance andpreservation of all such property held in custody for the City during the term of the Agreement.The Contractor shall, upon expiration of termination of this Agreement, deliver to the City all ofsaid property and documents evidencing title to same. In the case of lost or stolen items orequipment, the Contractor shall immediately notify the Police Department, obtain a writtenpolice report and notify the City in accordance with “Notice” section of this Agreement.Contractor shall provide to the City Auditor all property-related audit and other reports requiredunder this Agreement. In the case of lost or stolen items or equipment, the Contractor shallimmediately notify the Police Department, obtain a written police report and notify the City inaccordance with the “Notice” section of this Agreement.Prior to the disposition or sale of any real or personal property acquired with City funds,Contractor shall obtain approval by the City Council and City Administrator in accord withthe requirements for disposal or sale of real or personal surplus property set forth in theOakland City Charter and/or Oakland Municipal Code Title 2.04, Chapter 2.04.120. Surplussupplies and equipment – Disposal or Destruction.14. InsuranceUnless a written waiver is obtained from the City’s Risk Manager, Contractor must provide theinsurance listed in Schedule Q, Insurance Requirements. Schedule Q is attached andincorporated herein by reference.Project Name Page 5 of 24 Rev. 05/31/ 2012

15. Indemnificationa. Notwithstanding any other provision of this Agreement, Contractor shall indemnify andhold harmless (and at City’s request, defend) City, and each of their respectiveCouncilmembers, officers, partners, agents, and employees (each of which persons andorganizations are referred to collectively herein as "Indemnitees" or individually as"Indemnitee") from and against any and all liabilities, claims, lawsuits, losses, damages,demands, debts, liens, costs, judgments, obligations, administrative or regulatory fines orpenalties, actions or causes of action, and expenses (including reasonable attorneys' fees)caused by or arising out of any:i. Breach of Contractor's obligations, representations or warranties under thisAgreement;ii. Act or failure to act in the course of performance by Contractor under thisAgreement;iii. Negligent or willful acts or omissions in the course of performance byContractor under this Agreement;iv. Claim for personal injury (including death) or property damage to the extentbased on the strict liability or caused by any negligent act, error or omission ofContractor;v. Unauthorized use or disclosure by Contractor of Confidential Information asprovided in Section 6 Proprietary of Confidential Information of the Cityabove; andvi. Claim of infringement or alleged violation of any United States patent right orcopyright, trade secret, trademark, or service mark or other proprietary orintellectual property rights of any third party.b. For purposes of the preceding Subsections (i) through (vi), the term “Contractor”includes Contractor, its officers, directors, employees, representatives, agents, servants,sub-consultants and subcontractors.c. City shall give Contractor prompt written notice of any such claim of loss or damage andshall cooperate with Contractor, in the defense and all related settlement negotiations tothe extent that cooperation does not conflict with City's interests.d. Notwithstanding the foregoing, City shall have the right if Contractor fails or refuses todefend City with Counsel acceptable to City to engage its own counsel for the purposesof participating in the defense. In addition, City shall have the right to withhold anyProject Name Page 6 of 24 Rev. 05/31/ 2012

payments due Contractor in the amount of anticipated defense costs plus additionalreasonable amounts as security for Contractor's obligations under this Section 15. In noevent shall Contractor agree to the settlement of any claim described herein without theprior written consent of City.e. Contractor acknowledges and agrees that it has an immediate and independent obligationto indemnify and defend Indemnitees from any action or claim which potentially fallswithin this indemnification provision, which obligation shall arise at the time any actionor claim is tendered to Contractor by City and continues at all times thereafter, withoutregard to any alleged or actual contributory negligence of any Indemnitee.Notwithstanding anything to the contrary contained herein, Contractor’s liability underthis Agreement shall not apply to any action or claim arising from the sole negligence,active negligence or willful misconduct of an Indemnitee.f. All of Contractor’s obligations under this Section 15 are intended to apply to the fullestextent permitted by law (including, without limitation, California Civil Code Section2782) and shall survive the expiration or sooner termination of this Agreement.g. The indemnity set forth in this Section 15 shall not be limited by the City’s insurancerequirements contained in Schedule Q hereof, or by any other provision of thisAgreement. City’s liability under this Agreement shall be limited to payment ofContractor in accord to the terms and conditions under this Agreement and shall excludeany liability whatsoever for consequential or indirect damages even if such damages areforeseeable.16. Right to Offset Claims for MoneyAll claims for money due or to become due from City shall be subject to deduction or offsetby City from any monies due Contractor by reason of any claim or counterclaim arising outof: i) this Agreement, or ii) any purchase order, or iii) any other transaction with Contractor.17. Prompt Payment OrdinanceThis contract is subject to the Prompt Payment Ordinance of Oakland Municipal Code, Title2, Chapter 2.06 (Ordinance 12857 C.M.S, passed January 15, 2008 and effective February 1,2008). The Ordinance requires that, unless specific exemptions apply, the Contractor and itssubcontractors shall pay undisputed invoices of their subcontractors for goods and/or serviceswithin twenty (20) business days of submission of invoices unless the Contractor or itssubcontractors notify the Liaison in writing within five (5) business days that there is a bonafide dispute between the Contractor or its subcontractor and claimant, in which case theContractor or its subcontractor may withhold the disputed amount but shall pay theundisputed amount.Project Name Page 7 of 24 Rev. 05/31/ 2012

Disputed late payments are subject to investigation by the City of Oakland Liaison, Office ofthe City Administrator, Contracts and Compliance Unit, upon the filing of a complaint.Contractor or its subcontractors opposing payment shall provide security in the form of cash,certified check or bond to cover the disputed amount and penalty during the investigation. IfContractor or its subcontractor fails or refuses to deposit security, the City will withhold anamount sufficient to cover the claim from the next Contractor progress payment. The City,upon a determination that an undisputed invoice or payment is late, will release securitydeposits or withholds directly to claimants for valid claims.Contractor and its subcontractors shall not be allowed to retain monies from subcontractorpayments for goods as project retention, and are required to release subcontractor projectretention in proportion to the subcontractor services rendered, for which payment is due andundisputed, within five (5) business days of payment. Contractor and its subcontractorsshall be required to pass on to and pay subcontractors mobilization fees within five (5)business days of being paid such fees by the City. For the purpose of posting on the City'swebsite, Contractor and its subcontractors, are required to file notice with the City of releaseof retention and payment of mobilization fees, within five (5) business days of such paymentor release; and, Contractor is required to file an affidavit, under penalty of perjury, that he orshe has paid all subcontractors, within five (5) business days following receipt of paymentfrom the City. The affidavit shall provide the names and address of all subcontractors andthe amount paid to each.If any amount due by a prime contractor or subcontractor to any claimant for goods and/orservices rendered in connection with a purchase contract is not timely paid in accordance thePrompt Payment ordinance, the prime Contractor or subcontractor shall owe and pay to theclaimant interest penalty in the amount of ten percent (10%) of the improperly withheldamount per year for every month that payment is not made, provided the claimant agrees torelease the prime contractor or subcontractor from any and all further interest penalty thatmay be claimed or collected on the amount paid. Claimants that receive interest paymentsfor late payment Prompt Payment ordinance may not seek further interest penalties on thesame late payment in law or equity.Contractor and its subcontractors shall include the same or similar provisions as those setforth above in this section in any contract with another contractor or subcontractor thatdelivers goods and/or services pursuant to or in connection with this City of Oaklandpurchase contract.Prompt Payment invoice and complaint forms are available at the following City of Oaklandwebsite:http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedules/index.htm scroll down to Prompt Payment heading and click on the appropriate links. Invoiceand complaint inquiries should be directed to Vivian Inman, Contract Compliance Officer,510-238-6261, Contracts and Compliance Unit, 250 Frank H. Ogawa Plaza, Suite 3341,Oakland, CA 94612.Project Name Page 8 of 24 Rev. 05/31/ 2012

18. Arizona and Arizona-Based BusinessesAs referenced in Schedule B-2, in accordance with Resolution No. 82727 C.M.S. neither thisbusiness entity nor any of its subsidiaries, affiliates or agents are headquarters in the State ofArizona or anticipates relocating to the State of Arizona duration for the life of its contract(s)with the City of Oakland or until Arizona rescinds SB 1070.Contractor acknowledges its duty to notify Contracts and Compliance if it’s Business Entity orany of its subsidiaries, affiliates or agents subsequently relocates its headquarters to the State ofArizona. Such relocation shall be a basis for termination of this agreement.19. Dispute DisclosureAs referenced in Schedule K, contractors are required to disclose pending disputes with the Cityof Oakland when they submit bids, proposals or applications for a City or Agency contract ortransaction involving professional services. This includes contract amendments. Contractorsagrees to disclose, and has disclosed, any and all pending disputes to the City prior to executionof this agreement. The City will provide a form for such disclosure upon Contractor’s request.Failure to disclose pending disputes prior to execution of this amendment shall be a basis fortermination of this agreement.20. Termination on NoticeThe City may terminate this Agreement immediately for cause or without cause upon giving(30) calendar days’ written notice to Contractor. Unless otherwise terminated as provided inthis Agreement, this Agreement will terminate on Enter Month, Date, Year.21. Conflict of Interesta. ContractorThe following protections against conflict of interest will be upheld:i. Contractor certifies that no member of, or delegate to the Congress of the UnitedStates shall be permitted to share or take part in this Agreement or in any benefitarising there from.ii.Contractor certifies that no member, officer, or employee of the City or itsdesignees or agents, and no other public official of the City who exercises anyfunctions or responsibilities with respect to the programs or projects covered bythis Agreement, shall have any interest, direct or indirect in this Agreement, or inits proceeds during his/her tenure or for one year thereafter.Project Name Page 9 of 24 Rev. 05/31/ 2012

iii.iv.Contractor shall immediately notify the City of any real or possible conflict ofinterest between work performed for the City and for other clients served byContractor.Contractor warrants and represents, to the best of its present knowledge, thatno public official or employee of City who has been involved in the making ofthis Agreement, or who is a member of a City board or commission which hasbeen involved in the making of this Agreement whether in an advisory ordecision-making capacity, has or will receive a direct or indirect financialinterest in this Agreement in violation of the rules contained in CaliforniaGovernment Code Section 1090 et seq., pertaining to conflicts of interest inpublic contracting. Contractor shall exercise due diligence to ensure that nosuch official will receive such an interest.v. Contractor further warrants and represents, to the best of its presentknowledge and excepting any written disclosures as to these matters alreadymade by Contractor to City, that (1) no public official of City who hasparticipated in decision-making concerning this Agreement or has used his orher official position to influence decisions regarding this Agreement, has aneconomic interest in Contractor or this Agreement, and (2) this Agreementwill not have a direct or indirect financial effect on said official, the official’sspouse or dependent children, or any of the official’s economic interests. Forpurposes of this paragraph, an official is deemed to have an “economicinterest” in any (a) for-profit business entity in which the official has a director indirect investment worth $2,000 or more, (b) any real property in whichthe official has a direct or indirect interest worth $2,000 or more, (c) any forprofitbusiness entity in which the official is a director, officer, partner,trustee, employee or manager, or (d) any source of income or donors of giftsto the official (including nonprofit entities) if the income or value of the gifttotaled more than $500 the previous year. Contractor agrees to promptlydisclose to City in writing any information it may receive concerning any suchpotential conflict of interest. Contractor’s attention is directed to the conflictof interest rules applicable to governmental decision-making contained in thePolitical Reform Act (California Government Code Section 87100 et seq.) andit’s implementing regulations (California Code of Regulations, Title 2,Section 18700 et seq.).vi.Contractor understands that in some cases Contractor or persons associatedwith Contractor may be deemed a “city officer” or “public official” forpurposes of the conflict of interest provisions of Government Code Section1090 and/or the Political Reform Act. Contractor further understands that, asa public officer or official, Contractor or persons associated with Contractormay be disqualified from future City contracts to the extent that Contractor isinvolved in any aspect of the making of that future contract (includingProject Name Page 10 of 24 Rev. 05/31/ 2012

preparing plans and specifications or performing design work or feasibilitystudies for that contract) through its work under this Agreement.vii.Contractor shall incorporate or cause to be incorporated into all subcontractsfor work to be performed under this Agreement a provision governing conflictof interest in substantially the same form set forth herein.b. No WaiverNothing herein is intended to waive any applicable federal, state or local conflict ofinterest law or regulationc. Remedies and SanctionsIn addition to the rights and remedies otherwise available to the City under thisAgreement and under federal, state and local law, Contractor understands and agreesthat, if the City reasonably determines that Contractor has failed to make a good faitheffort to avoid an improper conflict of interest situation or is responsible for theconflict situation, the City may (1) suspend payments under this Agreement, (2)terminate this Agreement, (3) require reimbursement by Contractor to the City of anyamounts disbursed under this Agreement. In addition, the City may suspendpayments or terminate this Agreement whether or not Contractor is responsible forthe conflict of interest situation.22. Non-Discrimination/Equal Employment PracticesContractor shall not discriminate or permit discrimination against any person or group ofpersons in any manner prohibited by federal, state or local laws. During the performance of thisAgreement, Contractor agrees as follows:a. Contractor and Contractor’s subcontractors, if any, shall not discriminate against anyemployee or applicant for employment because of age, marital status, religion, gender,sexual orientation, gender identity, race, creed, color, national origin, Acquired-ImmuneDeficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. Thisnondiscrimination policy shall include, but not be limited to, the following: employment,upgrading, failure to promote, demotion or transfer, recruitment advertising, layoffs,termination, rates of pay or other forms of compensation, and selection for training,including apprenticeship.b. Contractor and Contractor’s Subcontractors shall state in all solicitations oradvertisements for employees placed by or on behalf of Contractor that all qualifiedapplicants will receive consideration for employment without regard to age, maritalstatus, religion, gender, sexual orientation, gender identity, race, creed, color, nationalProject Name Page 11 of 24 Rev. 05/31/ 2012

origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex(ARC) or disability.c. Contractor shall make its goods, services, and facilities accessible to people withdisabilities and shall verify compliance with the Americans with Disabilities Act byexecuting Schedule C-1, Declaration of Compliance with the Americans withDisabilities Act, attached hereto and incorporated herein.d. If applicable, Contractor will send to each labor union or representative of workers withwhom Contractor has a collective bargaining agreement or contract or understanding, anotice advising the labor union or workers’ representative of Contractor’s commitmentsunder this nondiscrimination clause and shall post copies of the notice in conspicuousplaces available to employees and applicants for employment.23. Local and Small Local Business Enterprise Program (L/SLBE)a. Requirement – For this contract, 50% Local and Small Local Business EnterpriseProgram (L/SLBE): all professional services contracts over $50,000, and associatedservices over $50,000. Bidder/consultant status as an Oakland certified local or smalllocal firm and subcontractor/subconsultant status as an Oakland certified local or smalllocal firm are taken into account in the calculation.The City has waived small local business enterprise (SLBE) subcontracting requirementsfor Oakland certified local businesses that apply for professional services contracts as theprime contractor with the City. The SLBE requirements still applies for non-certifiedLBEs and non-local business enterprises.b. Good Faith Effort - In light of the twenty percent requirement, good faith effortdocumentation is not necessary.c. Preference Points – Preference points are earned based on the level of participationproposed prior to the award of a contract. Upon satisfying the minimum fifty percentrequirement, a consultant will earn two (2) preference points. Three additional preferencepoints may be earned at a rate of one point for every additional ten percent participation upto eighty percent participation of the total contract dollars spent with local Oaklandcertified firms.A firm may earn up to five (5) preference points for local Oakland business participationand additional preference points for being a long term certified business in Oaklandregardless of size and for having an Oakland workforce.In those instances where VSLBE participation is evident, the value of preference pointswill be double-counted towards meeting the requirement.Project Name Page 12 of 24 Rev. 05/31/ 2012

d. Additional Preference Points. For Request for Proposal (RFP) and Request forQualifications (RFQ), additional Preference Points may be earned for Local Hire onNon-Construction ContractsEarning extra preference points for having an existing work force that includes Oaklandresidents is considered added value. The Request for Proposal “evaluation” processallows for additional preference points over and above the number of points earned fortechnical expertise. Typically 100 points may be earned for the technical elements of theRFP. Preference points are awarded over and above the potential 100 points.d. The Exit Report and Affidavit (ERA) – This report declares the level of participationachieved and will be used to calculate banked credits. The prime consultant mustcomplete the Schedule F, Exit Report and Affidavit for, and have it executed by, eachL/SLBE sub consultant and submitted to the Office of the City Administrator, Contractsand Compliance Unit, along with a copy of the final progress payment application.e. Joint Venture and Mentor Protégé Agreements. If a prime contractor or prime consultantis able to develop a Joint Venture or “Mentor-Protégé” relationship with a certified LBEor SLBE, the mentor or Joint Venture partners will enjoy the benefit of credits against theparticipation requirement. In order to earn credit for Joint Venture or Mentor-Protégérelationships, the Agreement must be submitted for approval to the Office of the CityAdministrator, Contracts and Compliance Unit, prior to the project bid date forconstruction, and by proposal due date for professional services contracts. Joint VentureApplications and elements of City approved Mentor Protégé relation are available uponrequest.f. Contractor shall submit information concerning the ownership and workforce compositionof Contractor’s firm as well as its subcontractors and suppliers, by completing Schedule D,Ownership, Ethnicity, and Gender Questionnaire, and Schedule E, Project ConsultantTeam, attached and incorporated herein and made a part of this Agreement.g. All affirmative action efforts of Contractor are subject to tracking by the City. Thisinformation or data shall be used for statistical purposes only. All contractors are requiredto provide data regarding the make-up of their subcontractors and agents who willperform City contracts, including the race and gender of each employee and/or contractorand his or her job title or function and the methodology used by Contractor to hire and/orcontract with the individual or entity in question.i. In the recruitment of subcontractors, the City of Oakland requires all contractors toundertake nondiscriminatory and equal outreach efforts, which include outreach tominorities and women-owned businesses as well as other segments of Oakland’s businesscommunity. The City Administrator will track the City’s MBE/WBE utilization toensure the absence of unlawful discrimination on the basis of age, marital status, religion,gender, sexual preference, race, creed, color, national origin, Acquired-Immune DeficiencySyndrome (AIDS), AIDS-Related Complex (ARC) or disability.Project Name Page 13 of 24 Rev. 05/31/ 2012

j. In the use of such recruitment, hiring and retention of employees or subcontractors, theCity of Oakland requires all contractors to undertake nondiscriminatory and equaloutreach efforts which include outreach to minorities and women as well as othersegments of Oakland’s business community.24. Living Wage OrdinanceIf the contract amount of this Agreement is equal to or greater than $25,000 annually, thenContractor must comply with the Oakland Living Wage Ordinance. The Living WageOrdinance requires that nothing less than a prescribed minimum level of compensation (aliving wage) be paid to employees of service contractors (consultants) of the City andemployees of CFARs (Ord. 12050 § 1, 1998). The Ordinance also requires submission of theDeclaration of Compliance attached and incorporated herein as Schedule N and made part ofthis Agreement, and, unless specific exemptions apply or a waiver is granted, the consultantmust provide the following to its employees who perform services under or related to thisAgreement:a. Minimum compensation – Said employees shall be paid an initial hourly wage rateof $11.35 with health benefits or $13.05 without health benefits. These initial ratesshall be upwardly adjusted each year no later than April 1 in proportion to theincrease at the immediately preceding December 31 over the year earlier level of theBay Region Consumer Price Index as published by the Bureau of Labor Statistics,U.S. Department of Labor. Effective July 1 st of each year, Contractor shall payadjusted wage rates.b. Health benefits – Said full-time and part-time employees paid at the lower livingwage rate shall be provided health benefits of at least $1.70 per hour. Contractorshall provide proof that health benefits are in effect for those employees no later than30 days after execution of the contract or receipt of City financial assistance.c. Compensated days off – Said employees shall be entitled to twelve compensated daysoff per year for sick leave, vacation or personal necessity at the employee's request,and ten uncompensated days off per year for sick leave. Employees shall accrue onecompensated day off per month of full time employment. Part-time employees shallaccrue compensated days off in increments proportional to that accrued by full-timeemployees. The employees shall be eligible to use accrued days off after the first sixmonths of employment or consistent with company policy, whichever is sooner. Paidholidays, consistent with established employer policy, may be counted towardprovision of the required 12 compensated days off. Ten uncompensated days offshall be made available, as needed, for personal or immediate family illness after theemployee has exhausted his or her accrued compensated days off for that year.Project Name Page 14 of 24 Rev. 05/31/ 2012

d. Federal Earned Income Credit (EIC) - To inform employees that he or she may beeligible for Earned Income Credit (EIC) and shall provide forms to apply for advanceEIC payments to eligible employees. For more information, web sites include but arenot limited to: (1) http://www.irs.gov andhttp://www.irs.gov/individuals/article/0,,id=96466,00.htmle. Contractor shall provide to all employees and to Contracts and Compliance, writtennotice of its obligation to eligible employees under the City’s Living Wagerequirements. Said notice shall be posted prominently in communal areas of the worksite(s) and shall include the above-referenced information.f. Contractor shall provide all written notices and forms required above in English,Spanish or other languages spoken by a significant number of employees within 30days of employment under this Agreement.g. Reporting – Contractor shall maintain a listing of the name, address, hire date,occupation classification, rate of pay and benefits for each of its employees.Contractor shall provide a copy of said list to the Office of the City Administrator,Contracts and Compliance Unit, on a quarterly basis, by March 31, June 30,September 30 and December 31 for the applicable compliance period. Failure toprovide said list within five days of the due date will result in liquidated damages offive hundred dollars ($500.00) for each day that the list remains outstanding.Contractor shall maintain employee payroll and related records for a period of four(4) years after expiration of the compliance period.h. Contractor shall require subcontractors that provide services under or related to thisAgreement to comply with the above Living Wage provisions. Contractor shallinclude the above-referenced sections in its subcontracts. Copies of said subcontractsshall be submitted to Contracts and Compliance.25. Equal Benefits OrdinanceThis Agreement is subject to the Equal Benefits Ordinance of Chapter 2.232.010 of theOakland Municipal Code and its implementing regulations. The purpose of this Ordinance isto protect and further the public, health, safety, convenience, comfort, property and generalwelfare by requiring that public funds be expended in a manner so as to prohibitdiscrimination in the provision of employee benefits by City contractors (consultants)between employees with spouses and employees with domestic partners, and/or betweendomestic partners and spouses of such employees. (Ord. 12394 (part), 2001)The following contractors are subject to the Equal Benefits Ordinance: Entities which enterinto a "contract" with the City for an amount of twenty-five thousand dollars ($25,000.00) ormore for public works or improvements to be performed, or for goods or services to bepurchased or grants to be provided at the expense of the City or to be paid out of moneysProject Name Page 15 of 24 Rev. 05/31/ 2012

deposited in the treasury or out of trust moneys under the control of or collected by the city;and Entities which enter into a "property contract" pursuant to Section 2.32.020(D) with theCity in an amount of twenty-five thousand dollars ($25,000.00) or more for the exclusiveuse of or occupancy (1) of real property owned or controlled by the city or (2) of realproperty owned by others for the city’s use or occupancy, for a term exceeding twenty-nine(29) days in any calendar year.The Ordinance shall only apply to those portions of a contractor’s operations that occur (1)within the city; (2) on real property outside the city if the property is owned by the city or ifthe city has a right to occupy the property, and if the contract’s presence at that location isconnected to a contract with the city; and (3) elsewhere in the United States where workrelated to a city contract is being performed. The requirements of this chapter shall not applyto subcontracts or subcontractors of any contract or contractorThe Equal Benefits Ordinance requires among other things, submission of the attached andincorporated herein as Schedule N-1, Equal Benefits-Declaration of Nondiscrimination.26. City of Oakland Campaign Contribution LimitsThis Agreement is subject to the City of Oakland Campaign Reform Act of Chapter 3.12 of theOakland Municipal Code and its implementing regulations if it requires Council approval. TheCity of Oakland Campaign Reform Act prohibits contractors that are doing business or seekingto do business with the City of Oakland from making campaign contributions to Oaklandcandidates between commencement of negotiations and either 180 days after completion of, ortermination of, contract negotiations.If this Agreement requires Council approval, Contractor must sign and date anAcknowledgment of Campaign Contribution Limits Form attached hereto and incorporatedherein as Schedule O.27. Nuclear Free Zone DisclosureContractor represents, pursuant to Schedule P, Nuclear Free Zone Disclosure Form, thatContractor is in compliance with the City of Oakland’s restrictions on doing business withservice providers considered nuclear weapons makers. Prior to execution of this agreement,Contractor shall complete Schedule P, attached hereto.28. Political ProhibitionSubject to applicable State and Federal laws, moneys paid pursuant to this Agreement shall notbe used for political purposes, sponsoring or conducting candidate's meetings, engaging in voterregistration activity, nor for publicity or propaganda purposes designed to support or defeatlegislation pending before federal, state or local government.Project Name Page 16 of 24 Rev. 05/31/ 2012

29. Religious ProhibitionThere shall be no religious worship, instruction, or proselytization as part of, or in connectionwith the performance of the Agreement.30. Business Tax CertificateContractor shall obtain and provide proof of a valid City business tax certificate. Said certificatemust remain valid during the duration of this Agreement.31. Abandonment of ProjectThe City may abandon or indefinitely postpone the project or the services for any or all of theproject at any time. In such event, the City shall give thirty (30) days written notice of suchabandonment. In the event of abandonment prior to completion of the final drawings, ifapplicable, and cost estimates, Contractor shall have the right to expend a reasonable amountof additional time to assemble work in progress for the purpose of proper filing and closingthe job. Prior to expending said time, Contractor shall present to the City a complete reportof said proposed job closure and its costs, and the City may approve all or any part of saidexpense. Such additional time shall not exceed ten percent (10%) of the total time expendedto the date of notice of termination. All charges thus incurred and approved by the City,together with any other charges outstanding at the time of termination, shall be payable bythe City within thirty (30) days following submission of a final statement by Contractor.Should the project or any portion thereof be abandoned, the City shall pay the Contractor forall services performed thereto in accordance with the terms of this Agreement.32. Validity of ContractsThis Agreement shall not be binding or of any force or effect until it is: i) approved byresolution of the City Council as required by the Oakland City Charter, Oakland MunicipalCode Title 2.04 and Oakland City Council Rules of Procedure, ii) approved for form andlegality by the Office of the City Attorney, and iii) signed by the City Administrator or his or herdesignee.33. Governing Law34. NoticeThis Agreement shall be governed by the laws of the State of California.If either party shall desire or be required to give notice to the other, such notice shall be given inwriting, via facsimile and concurrently by prepaid U.S. certified or registered postage, addressedto recipient as follows:Project Name Page 17 of 24 Rev. 05/31/ 2012

(City of Oakland)Agency/DepartmentAddressOakland, CA 94612Attn: Project Manager NameName of ContractorAddressCity State ZipAttn: Contractor AgentAny party to this Agreement may change the name or address of representatives for purpose ofthis Notice paragraph by providing written notice to all other parties ten (10) business daysbefore the change is effective.35. Entire Agreement of the PartiesThis Agreement supersedes any and all agreements, either oral or written, between the partieswith respect to the rendering of services by Contractor for the City and contains all of therepresentations, covenants and agreements between the parties with respect to the rendering ofthose services. Each party to this Agreement acknowledges that no representations,inducements, promises or agreements, orally or otherwise, have been made by any party, oranyone acting on behalf of any party, which is not contained in this Agreement, and that noother agreement, statement or promise not contained in this Agreement will be valid or binding.36. ModificationAny modification of this Agreement will be effective only if it is in a writing signed by allparties to this Agreement.37. Severability/Partial InvalidityIf any term or provision of this Agreement, or the application of any term or provision of thisAgreement to a particular situation, shall be finally found to be void, invalid, illegal orunenforceable by a court of competent jurisdiction, then notwithstanding such determination,such term or provision shall remain in force and effect to the extent allowed by such ruling andall other terms and provisions of this Agreement or the application of this Agreement to othersituation shall remain in full force and effect.Notwithstanding the foregoing, if any material term or provision of this Agreement or theapplication of such material term or condition to a particular situation is finally found to be void,invalid, illegal or unenforceable by a court of competent jurisdiction, then the Parties heretoProject Name Page 18 of 24 Rev. 05/31/ 2012

agree to work in good faith and fully cooperate with each other to amend this Agreement tocarry out its intent.38. Time of the EssenceTime is of the essence in the performance of this Agreement.39. Commencement, Completion and Close outIt shall be the responsibility of the Contractor to coordinate and schedule the work to beperformed so that commencement and completion take place in accordance with the provisionsof this Agreement.Any time extension granted to Contractor to enable Contractor to complete the work must be inwriting and shall not constitute a waiver of rights the City may have under this Agreement.Should the Contractor not complete the work by the scheduled date or by an extended date, theCity shall be released from all of its obligations under this Agreement.Within thirty (30) days of completion of the performance under this Agreement, the Contractorshall make a determination of any and all final costs due under this Agreement and shall submita requisition for such final and complete payment (including without limitations any and allclaims relating to or arising from this Agreement) to the City. Failure of the Contractor totimely submit a complete and accurate requisition for final payment shall relieve the City of anyfurther obligations under this Agreement, including without limitation any obligation forpayment of work performed or payment of claims by Contractor.40. ApprovalIf the terms of this Agreement are acceptable to Contractor and the City, sign and date below.41. InconsistencyIf there is any inconsistency between the main agreement and the attachments/exhibits, the textof the main agreement shall prevail.City of Oakland,Name of Company(a municipal corporation) (Contractor)____________________________________(City Administrator’s Office) (Date) (Signature) (Date)Project Name Page 19 of 24 Rev. 05/31/ 2012

Department Head(Please Print Name of Agent)____________________________________(Agency Director’s Signature) (Date)Approved as to form and legality:(Business Tax No.)(Date of Expiration)Resolution Number(City Attorney’s Office Signature) (Date) Accounting NumberEND OF SAMPLE PROFESSIONAL SERVICES CONTRACTProject Name Page 20 of 24 Rev. 05/31/ 2012

EXHIBIT A – Scope of Services(describe scope or attach Consultant's proposal)Name of Consultant Page 20 of 25 Revised 5-14-2012Name of Project

EXHIBIT B – Billing Rates(insert billing info, or attach, or if not applicable, write N/A & explain)Name of Consultant Page 21 of 25 Revised 5-14-2012Name of Project

APPENDIX JAPPLICATION-BASED MATERIAL SPECIFICATIONLUMINAIRE TYPE TO BE REPLACED 250 Watts HPSSITE PARAMETERSROADWAY DATA: Lane width 13.5 ftNumber of lanes, total on both sides of median 4Shoulder width, drive lane to edge of pavementMedian widthIES pavement class. R1 R2 R3 R4Posted speed limit ≤ 25 mph > 25 mphSIDEWALK DATA: Sidewalk width 10 ftEdge of sidewalk to edge of roadway pavementLIGHT POLE DATA: Luminaire mounting height 28 ft 6 inPHOTOPICILLUMINANCE:PHOTOPICLUMINANCE:VEILING LUMINANCE:PHOTOPICILLUMINANCE:INPUT POWER:Arm length, horizontalLuminaires per pole 1Pole set-back from edge of pavementIn-line pole spacing (one pole cycle)0 ft0 ft10 ft6 ft2 ft 6 in150 ftLayout One side Opposite Staggered MedianPERFORMANCE CRITERIA: APPLICATIONROADWAYMaintained average horizontal at pavement1.6 fcAvg:min uniformity ratio 2:1Maintained average luminanceAvg:min uniformity ratioMax:min uniformity ratioMax. veiling luminance ratioSIDEWALKSMaintained average horizontal at pavementAvg:min uniformity ratio (horizontal)Maintained min. vertical illum. at 4.9 ft, in directions of travelPERFORMANCE CRITERIA: LED LUMINAIREMax. nominal luminaire input powerNOMINAL CCT: Rated correlated color temperature 4000 K +/- 300 KBUG 1 RATING:Max. nominal backlight-uplight-glare ratingsVOLTAGE: Nominal luminaire input voltage 120-277 VoltsFINISH: Luminaire housing finish color GrayWEIGHT: Maximum luminaire weight 30 lbEPA:Maximum effective projected areaMOUNTING: Mtg. method Post-top Side-arm Trunnion/yoke Swivel-tenonTenon nominal pipe size (NPS)VIBRATION: ANSI test level Level 1 (normal) Level 2 (bridge/overpass)DRIVER: Control signal interface Not required Required1 The deprecated “cutoff” classification system cannot be accurately applied to LED luminaires.n/an/an/aPage | 1

APPENDIX JAPPLICATION-BASED MATERIAL SPECIFICATIONLUMINAIRE TYPE TO BE REPLACED 200 Watts HPSSITE PARAMETERSROADWAY DATA: Lane width 13.5 ftNumber of lanes, total on both sides of median 2Shoulder width, drive lane to edge of pavementMedian widthIES pavement class. R1 R2 R3 R4Posted speed limit ≤ 25 mph > 25 mphSIDEWALK DATA: Sidewalk width 8 ftEdge of sidewalk to edge of roadway pavementLIGHT POLE DATA: Luminaire mounting height 28 ft 6 inPHOTOPICILLUMINANCE:PHOTOPICLUMINANCE:VEILING LUMINANCE:PHOTOPICILLUMINANCE:INPUT POWER:Arm length, horizontalLuminaires per pole 1Pole set-back from edge of pavementIn-line pole spacing (one pole cycle)0 ft0 ft8 ft6 ft2 ft 6 in150 ftLayout One side Opposite Staggered MedianPERFORMANCE CRITERIA: APPLICATIONROADWAYMaintained average horizontal at pavement1.2 fcAvg:min uniformity ratio 3:1Maintained average luminanceAvg:min uniformity ratioMax:min uniformity ratioMax. veiling luminance ratioSIDEWALKSMaintained average horizontal at pavementAvg:min uniformity ratio (horizontal)Maintained min. vertical illum. at 4.9 ft, in directions of travelPERFORMANCE CRITERIA: LED LUMINAIREMax. nominal luminaire input powerNOMINAL CCT: Rated correlated color temperature 4000 K +/- 300 KBUG 1 RATING:Max. nominal backlight-uplight-glare ratingsVOLTAGE: Nominal luminaire input voltage 120-277 VoltsFINISH: Luminaire housing finish color GrayWEIGHT: Maximum luminaire weight 30 lbEPA:Maximum effective projected areaMOUNTING: Mtg. method Post-top Side-arm Trunnion/yoke Swivel-tenonTenon nominal pipe size (NPS)VIBRATION: ANSI test level Level 1 (normal) Level 2 (bridge/overpass)DRIVER: Control signal interface Not required Required1 The deprecated “cutoff” classification system cannot be accurately applied to LED luminaires.n/an/an/aPage | 2

APPENDIX JAPPLICATION-BASED MATERIAL SPECIFICATIONLUMINAIRE TYPE TO BE REPLACED 150 Watts HPSSITE PARAMETERSROADWAY DATA: Lane width 13.5 ftNumber of lanes, total on both sides of median 2Shoulder width, drive lane to edge of pavementMedian widthIES pavement class. R1 R2 R3 R4Posted speed limit ≤ 25 mph > 25 mphSIDEWALK DATA: Sidewalk width 6 ftEdge of sidewalk to edge of roadway pavementLIGHT POLE DATA: Luminaire mounting height 28 ft 6 inPHOTOPICILLUMINANCE:PHOTOPICLUMINANCE:VEILING LUMINANCE:PHOTOPICILLUMINANCE:INPUT POWER:Arm length, horizontalLuminaires per pole 1Pole set-back from edge of pavementIn-line pole spacing (one pole cycle)6 ft0 ft6 ft6 ft2 ft 6 in150 ftLayout One side Opposite Staggered MedianPERFORMANCE CRITERIA: APPLICATIONROADWAYMaintained average horizontal at pavement1.0 fcAvg:min uniformity ratio 3:1Maintained average luminanceAvg:min uniformity ratioMax:min uniformity ratioMax. veiling luminance ratioSIDEWALKSMaintained average horizontal at pavementAvg:min uniformity ratio (horizontal)Maintained min. vertical illum. at 4.9 ft, in directions of travelPERFORMANCE CRITERIA: LED LUMINAIREMax. nominal luminaire input powerNOMINAL CCT: Rated correlated color temperature 4000 K +/- 300 KBUG 1 RATING:Max. nominal backlight-uplight-glare ratingsVOLTAGE: Nominal luminaire input voltage 120-277 VoltsFINISH: Luminaire housing finish color GrayWEIGHT: Maximum luminaire weight 30 lbEPA:Maximum effective projected areaMOUNTING: Mtg. method Post-top Side-arm Trunnion/yoke Swivel-tenonTenon nominal pipe size (NPS)VIBRATION: ANSI test level Level 1 (normal) Level 2 (bridge/overpass)DRIVER: Control signal interface Not required Required1 The deprecated “cutoff” classification system cannot be accurately applied to LED luminaires.n/an/an/aPage | 3

APPENDIX JAPPLICATION-BASED MATERIAL SPECIFICATIONLUMINAIRE TYPE TO BE REPLACED 100 Watts HPSSITE PARAMETERSROADWAY DATA: Lane width 13.5 ftNumber of lanes, total on both sides of median 2Shoulder width, drive lane to edge of pavementMedian widthIES pavement class. R1 R2 R3 R4Posted speed limit ≤ 25 mph > 25 mphSIDEWALK DATA: Sidewalk width 6 ftEdge of sidewalk to edge of roadway pavementLIGHT POLE DATA: Luminaire mounting height 28 ft 6 inPHOTOPICILLUMINANCE:PHOTOPICLUMINANCE:VEILING LUMINANCE:PHOTOPICILLUMINANCE:INPUT POWER:Arm length, horizontalLuminaires per pole 1Pole set-back from edge of pavementIn-line pole spacing (one pole cycle)0 ft0 ft6 ft6 ft2 ft 6 in150 ftLayout One side Opposite Staggered MedianPERFORMANCE CRITERIA: APPLICATIONROADWAYMaintained average horizontal at pavement0.7 fcAvg:min uniformity ratio 4:1Maintained average luminanceAvg:min uniformity ratioMax:min uniformity ratioMax. veiling luminance ratioSIDEWALKSMaintained average horizontal at pavementAvg:min uniformity ratio (horizontal)Maintained min. vertical illum. at 4.9 ft, in directions of travelPERFORMANCE CRITERIA: LED LUMINAIREMax. nominal luminaire input powerNOMINAL CCT: Rated correlated color temperature 4000 K +/- 300 KBUG 1 RATING:Max. nominal backlight-uplight-glare ratingsVOLTAGE: Nominal luminaire input voltage 120-277 VoltsFINISH: Luminaire housing finish color GrayWEIGHT: Maximum luminaire weight 30 lbEPA:Maximum effective projected areaMOUNTING: Mtg. method Post-top Side-arm Trunnion/yoke Swivel-tenonTenon nominal pipe size (NPS)VIBRATION: ANSI test level Level 1 (normal) Level 2 (bridge/overpass)DRIVER: Control signal interface Not required Required1 The deprecated “cutoff” classification system cannot be accurately applied to LED luminaires.n/an/an/aPage | 4

APPENDIX JAPPLICATION-BASED MATERIAL SPECIFICATIONLUMINAIRE TYPE TO BE REPLACED 70 Watts HPSSITE PARAMETERSROADWAY DATA: Lane width 13.5 ftNumber of lanes, total on both sides of median 2Shoulder width, drive lane to edge of pavementMedian widthIES pavement class. R1 R2 R3 R4Posted speed limit ≤ 25 mph > 25 mphSIDEWALK DATA: Sidewalk width 6 ftEdge of sidewalk to edge of roadway pavementLIGHT POLE DATA: Luminaire mounting height 28 ft 6 inPHOTOPICILLUMINANCE:PHOTOPICLUMINANCE:VEILING LUMINANCE:PHOTOPICILLUMINANCE:INPUT POWER:Arm length, horizontalLuminaires per pole 1Pole set-back from edge of pavementIn-line pole spacing (one pole cycle)0 ft0 ft6 ft6 ft2 ft 6 in150 ftLayout One side Opposite Staggered MedianPERFORMANCE CRITERIA: APPLICATIONROADWAYMaintained average horizontal at pavement0.4 fcAvg:min uniformity ratio 4:1Maintained average luminanceAvg:min uniformity ratioMax:min uniformity ratioMax. veiling luminance ratioSIDEWALKSMaintained average horizontal at pavementAvg:min uniformity ratio (horizontal)Maintained min. vertical illum. at 4.9 ft, in directions of travelPERFORMANCE CRITERIA: LED LUMINAIREMax. nominal luminaire input powerNOMINAL CCT: Rated correlated color temperature 4000 K +/- 300 KBUG 1 RATING:Max. nominal backlight-uplight-glare ratingsVOLTAGE: Nominal luminaire input voltage 120-277 VoltsFINISH: Luminaire housing finish color GrayWEIGHT: Maximum luminaire weight 30 lbEPA:Maximum effective projected areaMOUNTING: Mtg. method Post-top Side-arm Trunnion/yoke Swivel-tenonTenon nominal pipe size (NPS)VIBRATION: ANSI test level Level 1 (normal) Level 2 (bridge/overpass)DRIVER: Control signal interface Not required Required1 The deprecated “cutoff” classification system cannot be accurately applied to LED luminaires.n/an/an/aPage | 5

APPENDIX JAPPLICATION-BASED MATERIAL SPECIFICATIONLUMINAIRE TYPE TO BE REPLACED 310 Watts HPSSITE PARAMETERSROADWAY DATA: Lane width 13.5 ftNumber of lanes, total on both sides of median 4Shoulder width, drive lane to edge of pavementMedian widthIES pavement class. R1 R2 R3 R4Posted speed limit ≤ 25 mph > 25 mphSIDEWALK DATA: Sidewalk width 12 ftEdge of sidewalk to edge of roadway pavementLIGHT POLE DATA: Luminaire mounting height 28 ft 6 inPHOTOPICILLUMINANCE:PHOTOPICLUMINANCE:VEILING LUMINANCE:PHOTOPICILLUMINANCE:INPUT POWER:Arm length, horizontalLuminaires per pole 1Pole set-back from edge of pavementIn-line pole spacing (one pole cycle)0 ft5 ft12 ft6 ft2 ft 6 in150 ftLayout One side Opposite Staggered MedianPERFORMANCE CRITERIA: APPLICATIONROADWAYMaintained average horizontal at pavement2.0 fcAvg:min uniformity ratio 2:1Maintained average luminanceAvg:min uniformity ratioMax:min uniformity ratioMax. veiling luminance ratioSIDEWALKSMaintained average horizontal at pavementAvg:min uniformity ratio (horizontal)Maintained min. vertical illum. at 4.9 ft, in directions of travelPERFORMANCE CRITERIA: LED LUMINAIREMax. nominal luminaire input powerNOMINAL CCT: Rated correlated color temperature 4000 K +/- 300 KBUG 1 RATING:Max. nominal backlight-uplight-glare ratingsVOLTAGE: Nominal luminaire input voltage 120-277 VoltsFINISH: Luminaire housing finish color GrayWEIGHT: Maximum luminaire weight 30 lbEPA:Maximum effective projected areaMOUNTING: Mtg. method Post-top Side-arm Trunnion/yoke Swivel-tenonTenon nominal pipe size (NPS)VIBRATION: ANSI test level Level 1 (normal) Level 2 (bridge/overpass)DRIVER: Control signal interface Not required Required1 The deprecated “cutoff” classification system cannot be accurately applied to LED luminaires.n/an/an/aPage | 6

1 | P ageAppendix KLuminaires Photometric EvaluationThe Photometric Evaluation Chart describes typical street conditions. For each luminaire type,input the requested data by performing photometric calculations using the most recent version ofAGi32 software. Submit certified horizontal photometric data for symmetrically spaced plotpoints for each street condition with your proposal. Calculate luminance average to two decimalplaces. Provide electronic copy of AGi32 photometric calculations.SITE PARAMETERSROADWAY DATA: Lane width 13.5 ftNumber of lanes, total on both sides ofmedian2Shoulder width, drivelane to edge ofpavement4 ftMedian width0 ftIES pavementclass. R1 R2 R3 R4Posted speedlimit ≤ 25 mph > 25 mphSIDEWALK DATA: Sidewalk width 5 ftLIGHT POLEDATA:PHOTOPICILLUMINANCE:PHOTOPICLUMINANCE:VEILINGLUMINANCE:PHOTOPICILLUMINANCE:Edge of sidewalk to edge of roadway pavement 6 ftLuminaire mounting height28 ft 6 inArm length, horizontal6 ftLuminaires per pole 1Pole set-back – center line of pole to faceof curb2 ft 6 inIn-line pole spacing (one pole cycle)120 ftLayout One side Opposite Staggered MedianPERFORMANCE CRITERIA: APPLICATIONROADWAYMaintained average horizontal at pavement4.0 lux(0.4 fc)Avg:min uniformity ratio 6.0 : 1Maintained average luminancen/aAvg:min uniformity ration/aMax:min uniformity ration/aMax. veiling luminance ratio 0.4SIDEWALKSMaintained average horizontal at pavement2.0 lux(0.2 fc)Avg:min uniformity ratio (horizontal) 4.0 : 1Maintained min. vertical illum. at 4.9 ft, 1.0 luxin directions of travel(0.1 fc)PERFORMANCE CRITERIA: LED LUMINAIREINPUT POWER: Max. nominal luminaire input power 103 WNOMINAL CCT: Rated correlated color temperature 4000 KBUG 1 RATING: Max. nominal backlight-uplight-glare ratings B1-U2-G1VOLTAGE: Nominal luminaire input voltage 120 VFINISH: Luminaire housing finish color GrayWEIGHT: Maximum luminaire weight 30 lb

EPA: Maximum effective projected area 0.7 ft 2MOUNTING: Mtg. method Post-top Side-arm Trunnion/yoke Swivel-tenonTenon nominal pipe size (NPS)2 inchesVIBRATION: ANSI test level Level 1 (normal) Level 2(bridge/overpass)Control signalDRIVER:interface Not required Required1The deprecated “cutoff” classification system cannot be accuratelyapplied to LED luminaires.2 | P age

APPENDIX LPRODUCT SUBMITTAL FORMLuminaire Type 1ManufacturerModel numberHousing finish colorTenon nominal pipe size (inches)Nominal luminaire weight (lb)Nominal luminaire EPA (ft 2 )Nominal input voltage (V)ANSI vibration test level Level 1 (Normal) Level 2 (bridge/overpass)Nominal BUG RatingsMake/model of LED light source(s)Make/model of LED driver(s)Dimmability Dimmable Not dimmableControl signal interfaceUpon electrical immunity system failure Possible disconnect No possible disconnectThermal management Moving parts No moving partsLumen maintenance testing duration (hr)Reported lumen maintenance life (hr) 2Warranty period (yr)Parameter Nominal value Tolerance (%)Initial photopic output (lm)Maintained photopic output (lm)Lamp lumen depreciationInitial input power (W)Maintained input power (W)Initial LED drive current (mA)Maintained LED drive current (mA)Drive current usedIn-situ LED T c (°C)CCT (K)S/P ratioAdditional product description1 See Appendix L, and attach supporting documentation as required.2 Value shall be no less than 36,000 operating hours, and shall not exceed six times the testing durationindicated in the row above. Value shall be consistent with values submitted in the rows below formaintained light output, maintained input power, and maintained drive current.Adapted from the RACC Model Specification for LED Roadway Luminaires P a g e | 1

CITY OF OAKLANDPROJECT DELIVERY DIVISION 250 FRANK H. OGAWA PLAZA, SUITE 4344 OAKLAND, CALIFORNIA 94612Public Works Agency (510) 238-3051Department of Engineering and Construction FAX (510) 238-6633TDD (510) 839-6451SCHEDULE L1CONSULTANT PERFORMANCE EVALUATION FORMDate of Evaluation:Consultant Name:Consultant Address:Consultant Lead Project Manager:Type of Services/Work Provided:Final Value of Consultant Contract:Duration of Consultant Contract (Start to end dates):Project Complexity: (select)Consultant’s Signature:(name)The Consultant’s Performance Evaluation has been communicated to the Consultant. Signature does not necessarily signifyconsent or agreement.Project Name:Project No:Final Value of Construction Contract:City Construction Resident Engineer: (name) (phone)City Project Manager/Evaluator Signature:Reviewed and Approved By (with phone #):(name)(phone)(name)(phone)toPage 1 of 3rev 3-8-12 ch

Schedule L1Rating GuidelinesPoor Work required extensive revisions, included numerous & significant errors;Consultant was unable or unwilling to perform consistently, required an inordinateamount of supervision, and/or failed to meet professional standards/projectobjectives.Needs to Improve Performance was marginal; work required more review and included more errorsthan would normally be anticipated; level of service or expertise below average.Average Performance and work were satisfactory; services provided were at least ofindustry standard; no significant errors or problems; professional serviceobjectives met.Excellent Performance was clearly above standard; expectations exceeded; objectives weremet with an added level of service and/or with a higher level of professionalexpertise.Questions1. Quality of Design/WorkPoorNeeds toImproveAverageExcellentNotApplicable2. Ability to meet the Project Objectives3. Knowledge, Expertise, and State-of –theArt Technologies4. Innovation of Design/Work5. Ability to Promptly React and Respond toProblems/Issues6. Ability to maintain to the Project Scheduleand adhere to Time Commitments7. Ability to maintain to the Project Budget8. Accuracy of Cost Estimating9. Constructibility of the Design/Work10. Quality of Construction AdministrationServices11. Accuracy and Timeliness of Billings andother Documents12. Ability to Manage and Coordinate Sub-Consultants13. Knowledge and Expertise in RegulatoryRequirements and in Procuring RequiredPermits14. Ability to Communicate with theCommunity and to Make PresentationsOVERALL RATINGPage 2 of 3rev 3-8-12 ch

Schedule L1All Questions rated at “Poor” or “Needs to Improve” must be supplemented with comments:Comments:Notes:Please save a PDF of signed document using this naming convention: Firm_Project#_date of eval and place inEvaluations folder in the Contract Services folder. (Control+click onto the hyperlink)The Project Coordinator/Manager shall complete this evaluation form for each primary consultant within 60 days upon thecompletion of an individual project or assignment. Interim evaluations shall also be prepared for projects of a longduration (i.e. over one year) or if the consultant’s performance merits notification of any deficiencies.Information is to be submitted to and kept on file for five (5) years. A copy of the evaluation shall also be provided to theConsultant. These forms may be used, in part, as a reference to evaluate the Consultant for future City professionalservices contracts.Consultants with an overall evaluation of “Poor” or “Needs to Improve” are given an opportunity to 1) appeal theevaluation to the agency deputy director, or the designee, and/or 2) append the evaluation with a one-page statement thatexplains or refutes the City’s finding.To the extent permitted by law, the City shall treat the evaluations as confidential information.cc: PWA Contract Services – EvaluationsPage 3 of 3rev 3-8-12 ch