APPENDIX Bassigned work tasks, regardless of whether the City of <strong>Oakland</strong> 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 <strong>Oakland</strong> owned or leased equipment and utilities, unless specifically authorized to doso in written, contractual documents.The City of <strong>Oakland</strong> 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 <strong>Oakland</strong> 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 <strong>Oakland</strong> facilities, equipment,supplies or properties.Contractor and Subcontractors are prohibited from scavenging or otherwise salvaging or removing anyCity of <strong>Oakland</strong> 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 <strong>Oakland</strong> 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 <strong>Oakland</strong> 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 <strong>Oakland</strong> 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 <strong>Oakland</strong> personnel and property.<strong>Oakland</strong> <strong>Street</strong> <strong>Lighting</strong> <strong>Conversion</strong> <strong>Project</strong><strong>Project</strong> 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 amount<strong>Oakland</strong> <strong>Street</strong> <strong>Lighting</strong> <strong>Conversion</strong> <strong>Project</strong><strong>Project</strong> Special Provisions D-28 Bid Documents: Feb 2012 Update
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City of OaklandDeanna Santana, City
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I. REQUEST FOR PROPOSALS SUMMARYPro
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EXHIBIT B - Billing Rates(insert bi
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APPENDIX JAPPLICATION-BASED MATERIA
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APPENDIX JAPPLICATION-BASED MATERIA
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APPENDIX JAPPLICATION-BASED MATERIA
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EPA: Maximum effective projected ar
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CITY OF OAKLANDPROJECT DELIVERY DIV
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Schedule L1All Questions rated at