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Port of Oakland Standard Contract Provisions February 2015

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Port of Oakland Standard Contract Provisions February 2015 Port of Oakland Standard Contract Provisions February 2015 PORT OF OAKLAND STANDARD CONTRACT PROVISIONS FEBRUARY 2015 PORT OF OAKLAND THE BOARD OF PORT COMMISSIONERS ROOM 629 530 WATER STREET OAKLAND, CA 94607 Port of Oakland Standard Contract Provisions February 2015 Preface Pursuant to the Port of Oakland Purchasing Ordinance, the Port of Oakland Standard Contract Provisions (Standard Contract Provisions) is incorporated by reference into Project Manuals issued by the Port for public works construction projects. Modifications to the Standard Contract Provisions implemented since the most recent published edition of the Standard Contract Provisions, and any project-specific modifications to the Standard Contract Provisions (e.g., modifications to the General Conditions, deletion of OCIP-related documents for non-OCIP projects, etc.) will be included in Document 00800, Modifications to Standard Contract Provisions of the Project Manual. Knowledge of these Standard Contract Provisions and other contract requirements included in the project-specific Project Manual is essential for all contractors bidding and undertaking construction work for the Port of Oakland. Revision History: First Edition approved by Board of Port Commissioners on October 19, 2004 [Resolution No. 04298]. Second Edition approved by Board of Port Commissioners on November 17, 2009 [Resolution No. 09165]. Third Edition approved by Board of Port Commissioners on February 26, 2015 [Resolution No. 15-017]. Port of Oakland Standard Contract Provisions February 2015 DOCUMENT 00010 PORT OF OAKLAND STANDARD CONTRACT PROVISIONS TABLE OF CONTENTS INTRODUCTORY INFORMATION 00001 Title Page 00010 Table of Contents CONTRACT FORMS 00680 Escrow Agreement for Security Deposits in Lieu of Retention CONDITIONS OF THE CONTRACT 00700 General Conditions 00830 Project Insurance Manual 00831 Construction Safety Standards Manual DIVISION 1 – GENERAL REQUIREMENTS 01200 Measurement and Payment 01250 Modification Procedures 01310 Job Site Administration 01315 Project Meetings 01320 Construction Schedules and Reports 01330 Submittals 01345 Storm Water Pollution Prevention, Erosion and Sediment Control 01410 Regulatory Requirements 01411 Regulatory Requirements for Hazardous Materials 01415 Air Pollution Management and Equipment Idling 01420 References and Definitions 01563 Dust Control 01620 Product Options and Substitutions 01720 Surveying Requirements 01725 Preservation of Property 01770 Contract Closeout 01780 Project Record Documents – END OF DOCUMENT – 00010-1 Port of Oakland Standard Contract Provisions February 2015 UPON REQUEST THIS DOCUMENT WILL BE PROVIDED TO THE SUCCESSFUL BIDDER FOR EXECUTION. DO NOT COPY THIS FORM FOR SUBMISSION TO THE PORT. Escrow No. ___________ DOCUMENT 00680 P.C.C. §22300 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT ("Escrow Agreement") is made and entered into this day of , , by and between the CITY OF OAKLAND, a municipal corporation, acting by and through its Board of Port Commissioners (hereinafter called the “Port”), whose address is 530 Water Street, Oakland, California 94607; ("Contractor"), whose place of business is located at ; and , a state or federally chartered bank in the State of California, whose place of business is located at ("Escrow Agent"). For the consideration hereinafter set forth, Port, Contractor and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Port pursuant to the Construction Contract ____________ for _________________________________________, in the amount of dated (the "Contract"). Alternatively, on written request of Contractor, Port shall make payments of the retention earnings directly to Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, Escrow Agent shall notify Port within ten (10) calendar days of the deposit. The market value of the securities at the time of substitution shall be at least equal to the cash amount then required to be withheld as retention under terms of Contract between Port and Contractor. Securities shall be held in name of , and shall designate Contractor as the beneficial owner. 2. Port shall make progress payments to Contractor for those funds which otherwise would be withheld from progress payments pursuant to Contract provisions, provided that Escrow Agent holds securities in form and amount specified above. 3. When Port makes payment of retention earned directly to Escrow Agent, Escrow Agent shall hold them for the benefit of Contractor until the time that the escrow created under this Escrow Agreement is terminated. Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the Parties shall be equally applicable and binding when Port pays Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account, and all expenses of Port. Such expenses and payment terms shall be determined by Port, Contractor and Escrow Agent. 5. Interest earned on securities or money market accounts held in escrow and all interest earned on that interest shall be for sole account of Contractor and shall be subject to withdrawal by 00680-1 Port of Oakland Standard Contract Provisions February 2015 Contractor at any time and from time to time without notice to Port. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Port to Escrow Agent that Port consents to withdrawal of amount sought to be withdrawn by Contractor. 7. Port shall have the right to draw upon the securities in event of default by Contractor. Upon seven (7) days written notice to Escrow Agent from Port of the default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by Port. 8. Upon receipt of written notification from Port certifying that the Contract is final and complete, and that Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all monies and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on written notifications from Port and Contractor pursuant to Paragraphs 5 through 8, inclusive, of this Escrow Agreement and Port and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of securities and interest as set forth above. 10. Names of persons who are authorized to give written notice or to receive written notice on behalf of Port and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Port: On behalf of Contractor: Signature Signature Name Name Title Title (If corporate: Chairman, President or Vice President 530 Water Street Oakland, CA 94607 Address On behalf of Port: Signature Name Title 530 Water Street Oakland, CA 94607 00680-2 Port of Oakland Standard Contract Provisions February 2015 On behalf of Escrow Agent: Signature Name Title Address Telephone Number Fax Number At the time the Escrow Account is opened, Port and Contractor shall deliver to Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Port Contractor Signature Signature Name Name Title Title Approved as to form and legality this ____ day of ____________, 201____ DANNY WAN, Port Attorney P. A. NO. _________ Escrow Agent ____________________________________ Title ____________________________________ Name ____________________________________ Signature END OF DOCUMENT 00680-3 Port of Oakland Standard Contract Provisions February 2015 DOCUMENT 00700 GENERAL CONDITIONS TABLE OF CONTENTS 1. General 1.1 Contract Documents 1.2 Exercise Of Contract Responsibilities 1.3 Defined Terms 2. Investigations Prior To Bidding 2.1 Investigations By Contractor 2.2 Conditions Shown On The Contract Documents And Limited Warranty 2.3 Conditions Shown In Reports And Plans Supplied For Informational Purposes 2.4 Subcontractors 3. Commencement of the Work 4. Bonds and Insurance 4.1 Bonds 4.2 Owner Controlled Insurance Program 4.3 Insurance Required for Projects not Covered by an OCIP 5. Plans and Specifications 5.1 Intent 5.2 Plan Details 5.3 Interpretation Of Plans And Specifications 5.4 Checking Of Plans 5.5 Standards To Apply Where Detailed Specifications Are Not Furnished 5.6 Deviations From Specifications And Plans 5.7 Precedence Of Documents 5.8 Ownership And Use Of Plans, Specifications and Contract Documents 6. Construction By The Port Or By Separate Contractors 6.1 The Port’s Right To Perform Construction And To Award Separate Contracts 6.2 Mutual Responsibility 6.3 Port Authority Over Coordination 6.4 Port-Furnished Materials and Equipment 7. Port And Payment 7.1 Port’s Representatives 7.2 Means And Methods Of Construction 7.3 Receipt And Processing Of Applications For Payment 8. Control Of The Work 8.1 Supervision Of Work By The Contractor 8.2 Observation
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