NTB Project 1005845 - AAMLO Preservation of African American Collections and Energy Updates.pdf

CITY OF OAKLAND, CALIFORNIA

Elizabeth A. Lake, Interim City Administrator

PROJECT BID DOCUMENTS

for

Project No. 1005845 AAMLO Preservation Of African

American Collections and Energy Updates

Funded by:

Measure KK Infrastructure Series 2022C-1, California Library Services

The work embraced herein shall be done in accordance with these project specifications and drawings (if any), including, but not limited to, the “Standard Specifications for Public Works Construction 2015 Edition” (GREENBOOK), the "Standard Details for Public Works Construction 2002 Edition", and the State of California, Department of Transportation, Standard Specifications and Standard Plans, dated 2010, when applicable for certain applicable State Standard drawings that are specified herein. All documents, City of Oakland programs, policies and regulations referenced herein are incorporated as if attached hereto or herein repeated.

Oakland Public Works Department (OPW) Bureau of Design and Construction

250 Frank H. Ogawa Plaza, Suite 4314, Oakland, CA 94612

Approved by:

Jimmy Mach, P.E., CPWP-M

Assistant Director Bureau of Design and Construction

September 2026

CERTIFICATION OF

PROJECT BID DOCUMENTS

Product Specifications prepared by:

Doug Davis AIA,MBA,LEED AP Date Principal AE3 Architects

Bid Documents prepared by:

Diego Gonzalez Date Capital Improvement Project Coordinator

Approved by:

Nick Cartagena Date Division Manager

09/25/2026

NTB Project 1005845 AAMLO Preservation of African American Collections and Energy Updates Page 1 of 52 09.2026

TABLE OF CONTENTS

SECTION

1 Project Information

1.1 NOTICE TO BIDDERS

1.2 PROJECT SCOPE OF WORK

1.3 PROJECT TIMELINE

1.4 PROJECT LOCATION MAP

1.5 REGULATORY REQUIREMENTS (PERMITS, UTILITIES, ETC.)

2 Mandatory Policies and Programs

3 Bidding Information

3.1 BID INSTRUCTIONS

3.2 BID SUBMITTAL REQUIREMENTS

4 Standard Specifications for Public Works Construction

AKA “SPECIAL PROVISIONS”

PART 1 - GENERAL PROVISIONS

PART 2 – CONSTRUCTION MATERIALS

PART 3 – CONSTRUCTION METHODS

PART 4 – ROCK PRODUCTS

PART 5 – PIPELINE SYSTEM REHABILITATION

PART 6 – TEMPORARY TRAFFIC CONTROL

PART 7 – STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS

PART 8 – LANDSCAPING AND IRRIGATION

ATTACHMENTS

5 Bid Drawings – Bound Separately 6 Appendices

Appendix A: Sample Construction Contract Appendix B: Insurance Requirements Appendix C: Reference Documents

1. iSupplier eBid User Guide

2. Project Specs

3. Structural Calculations

NTB Project 1005845 AAMLO Preservation of African American Collections and Energy Updates Page 2 of 52

SECTION 1. Project Information

1.1 NOTICE TO BIDDERS

Description: Renovation at African American Museum and Library at Oakland (AAMLO) include:

Perform building renovations of all systems including roof, HVAC, exterior terracotta, wood doors and windows, and interior finishes per construction documents and specs.

Pre-Bid Meeting: October 5th, 2026, at 9:30 AM via Microsoft Teams. Voluntary but highly recommended for Prime Bidders.

https://teams.microsoft.com

Meeting ID: 238 585 467 044 300 Passcode: LX9WX24Z

Site Visit Meeting: October 7th, 2026, at 10:00 AM. At AAMLO - 659 14th Street, Oakland, CA.

Voluntary but highly recommended for Prime Bidders.

Questions Due: October 14th, 2026, by 2:00 PM by email to CapitalContracts@oaklandca.gov and cc the Project Manager. When sending emails, please use the following naming convention: “1005845, AAMLO PRESERVATION OF AFRICAN AMERICAN COLLECTIONS AND ENERGY UPDATES”. It is the Contractor’s responsibility to ensure that the email is received by the Capital Contracts Division.

Addendum: Any addendum that materially changes the bid invitation shall be issued no less than 72 hours before the bid opening, unless the bid opening is extended by said addendum.

Bids Due: October 29th, 2026, by 2:00 PM. Bids may either be uploaded into the City’s iSupplier online procurement system or may be mailed, or hand delivered to the City Clerk at 1 Frank H. Ogawa Plaza, Room 101, Oakland, CA 94612 prior to the bid due date and time.

Bidders must be registered with iSupplier to submit bids online. New users should register days prior to bid deadline to ensure valid access to the system. Bidders may access iSupplier by going to the following web address, https://www.oaklandca.gov/services/register-with-isupplier

If bidders choose to mail or hand deliver their bid, it is the bidder’s responsibility to ensure that it is received by the City Clerk prior to the bid due date and time. It is strongly encouraged to allow for several additional days for mail processing. Late submissions may not be accepted and will be returned unopened.

Engineer’s Estimate: $5,670,000 https://teams.microsoft.com/ mailto:CapitalContracts@oaklandca.gov https://www.oaklandca.gov/services/register-with-isupplier https://www.oaklandca.gov/services/register-with-isupplier

NTB Project 1005845 AAMLO Preservation of African American Collections and Energy Updates Page 3 of 52

Basis of Award: Lowest Lump Sum Base Bid Plus Bid Alternates # 2 and #6

License Required: Class A or B

Contract Days: 391 working days

Liquidated Damages: $1,500 per calendar day

Bonds: 10% Bid Security; 100% Payment and Performance Bonds

Oakland-certified Local Business Requirement: 37% minimum Local and Small Local Business Enterprise (L/SLBE) requirement (18.5% LBE, 18.5% SLBE) (excluding Specialty Items, if any.

See Special Provisions Sections 2-3.2 and the bid table). Firms unable to attend a voluntary pre-bid meeting are encouraged to contact DWES at dwes@oaklandca.gov to review the City’s L/SLBE program.

Local Trucking Requirement: None

Self-Performance: 30% minimum, excluding Specialty Items if any per the Bid Schedule. See Special Provisions Section 2-3.2.

Contact Information:

Project Manager: Diego Gonzalez at dagonzalez@oaklandca.gov or (510) 238-3087 DWES: dwes@oaklandca.gov Capital Contracts: capitalcontracts@oaklandca.gov

Department of Industrial Relations (DIR):

1. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.

3. This project is subject to compliance monitoring and enforcement by the DIR.

4. The prime contractor must post job site notices prescribed by regulation.

5. Assembly Bill 219 requires companies hauling or delivering ready-mix concrete to register with the DIR as a public works contractor.

Bid Documents and AB 2036 Compliance: Bid documents are only available digitally and provided free of charge through the website listed below.

1. iSupplier: https://www.oaklandca.gov/services/active-closed-opportunties

2. City of Oakland’s Bids and Contract Opportunities website:

https://apps.oaklandca.gov/ContractOpportunities/ mailto:dwes@oaklandca.gov mailto:dagonzalez@oaklandca.gov mailto:dwes@oaklandca.gov mailto:capitalcontracts@oaklandca.gov https://www.oaklandca.gov/services/active-closed-opportunties https://apps.oaklandca.gov/ContractOpportunities/

NTB Project 1005845 AAMLO Preservation of African American Collections and Energy Updates Page 4 of 52

It is the responsibility of each prospective bidder to download and print all bid documents, including any addenda, and to verify the completeness of their printed bid documents before submitting a bid. The City does not warrant, represent, or guarantee the accuracy or completeness of any bid documents and/or information retrieved from other sources. The City is not responsible for any loss or damage including, but not limited to, time, money, or goodwill arising from errors, inaccuracies or omissions in any bid documents and/or information obtained from other sources. It is each prospective bidder’s responsibility to check these sites through to the close of bids for any applicable addenda or updates.

Asha Reed, City Clerk and Clerk of the City Council Newspaper publication date: September 25, 2026

1.2 PROJECT SCOPE OF WORK

The Work is as described in the Drawings, Specifications, Permits/Conditions of Approval and other Contract Documents listed and referenced in the Table of Contents Section 6 Appendix C #2 & #3, and Index to Drawings bound in the Project Manual

Scope of work includes:

HISTORIC PRESERVATION & BUILDING ENVELOPE

● Repair and selective in-kind replacement of the building's 77 historic wood windows, per assigned repair criteria ranging from routine maintenance to full replacement

● Cleaning, repointing, crack repair, and selective in-kind replacement of exterior brick, terra cotta, and granite cladding and architectural detailing

● Repair and weatherproofing of exterior entry doors

● Replacement of the decorative exterior frieze and restoration of cultural murals

ROOFING

● Full removal and replacement of the built-up roofing system and rigid insulation

● New sheet metal flashing, walking pads, and fall-protection anchors

INTERIOR

● New floor finishes (carpet, hardwood/engineered wood, linoleum, luxury vinyl tile) and interior painting throughout

● New interior sunscreens at specified rooms

● Selective interior demolition and partition work

MECHANICAL, ELECTRICAL & TECHNOLOGY

● Replacement of the HVAC system (rooftop air conditioning units) and associated controls

● Full interior lighting retrofit (LED fixtures and lighting controls) and electrical branch wiring / power upgrades

● Plumbing and fire protection system updates as required

SITEWORK & DEMOLITION

● Site demolition, storm drainage improvements, and site protection

NTB Project 1005845 AAMLO Preservation of African American Collections and Energy Updates Page 6 of 52

1.4 PROJECT LOCATION MAP

1.5 REGULATORY REQUIREMENTS (PERMITS, UTILITIES, ETC…)

Permit Type Issuing Agency Payment by: Status/Notes Planning (Design Review, Creek, Conditional Use)

City of Oakland City Approval Completed. See drawings for Conditions of Approval.

Building City of Oakland City/Contractor Plan check completed; Contractor to complete Waste Reduction & Recycling Plan in order to pickup job card; Special Inspections Report included in Appendix C. See building comments below for following steps.

Demolition City of Oakland City Plan check completed; Contractor to obtain Bay Area Air Quality Management Notification

Demolition Notification

Bay Area Air Quality Management District Notification

(BAAQMD)

Contractor Issuance of J-number in order to pickup City of Oakland permit

Trade Permits City of Oakland Contractor Fire Permit City of Oakland Contractor

NTB Project 1005845 AAMLO Preservation of African American Collections and Energy Updates Page 7 of 52

Electric Pacific Gas & Electric (PG&E)

City for permanent;

Contractor for temporary

Domestic Water/Fire Service

East Bay Municipal Utilities District

(EBMUD)

City for permanent;

Contractor for temporary

Building Comments 09/04/26:

Building final check has been completed, and your project is in the issuance phase. The permit will be issued upon completion of:

☐ Approval of your Waste Reduction and Recycling Plan (WRRP).

• If you need additional assistance, you can reach Patrick Hayes or his team at

(510) 238-SAVE or visit him virtually during his office hours on Tuesdays - Thursdays 2:00pm - 3:00pm (https://www.oaklandca.gov/Planning- Building/Building-Inspections/Construction-and-Demolition/Construction-and- Demolition-Recycling/Construction-and-Demolition-Recycling-Planning- Assistance )

• He can help get your Recycling plan approved but it is advised that you have already completed the application on Green Halo Website Filing

• To speed up the process, you can visit Oakland HowTo Green Halo and follow the steps in the video tutorials so that your part is done before you join office hours.

GREEN HALO

Information

X Payment : Please call the Cashier at (510) 238-4774 to pay the remaining balance of $0.00 (review fee of recycling plan- $279.29 forthcoming once WRRP is approved)

DONE

☐ Complete LPB Form - Per California State law effective Aug. 2023, (applicable to all projects that may disturb paint in buildings built before 1978. If you will disturb 20 sq ft or more of lead paint surface, in a building built before 1978, an LBP plan is required)

• "IF you're not disturbing any lead paint ": complete it anyways and to select the “other” sections and put a valid reason.

Information about Lead- Based-Paint

LBP Form (Link)

Declaration (PICK ONE)

☐ If this permit is being issued to the Contractor, please complete the “Contractor Declaration”

Contractor Declaration Form ( Link)

• ☐Contractor must have a current City of Oakland Business license

• ☐ Current State Contractors license

• ☐ Employees for the Contractor will also be required to provide an authorization letter on company letterhead at time of issuance https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oaklandca.gov%2FPlanning-Building%2FBuilding-Inspections%2FConstruction-and-Demolition%2FConstruction-and-Demolition-Recycling%2FConstruction-and-Demolition-Recycling-Planning-Assistance&data=05%7C02%7Cdagonzalez%40oaklandca.gov%7Cacfe39cbab7146016e3008df0ac4641a%7C989a21806fbc47f180321a9ee969c58d%7C0%7C0%7C639241511059019819%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=eF9u3oD24Hx23VMbF7VJAl31mCZHvvs0a9kd6r9RL9E%3D&reserved=0 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https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oaklandca.gov%2Ffiles%2Fassets%2Fcity%2Fv%2F3%2Fplanning-amp-building%2Fdocuments%2Fpc%2Fforms-and-apps%2Fcontractors-declaration-form.pdf&data=05%7C02%7Cdagonzalez%40oaklandca.gov%7Cacfe39cbab7146016e3008df0ac4641a%7C989a21806fbc47f180321a9ee969c58d%7C0%7C0%7C639241511059139914%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=05QNDF9Awr4bbDdTEXpxpdCphdjdcSlx5OzdjP9mDuY%3D&reserved=0

NTB Project 1005845 AAMLO Preservation of African American Collections and Energy Updates Page 8 of 52

OR

☐ If this permit is being issued to the Property Owner, please complete the “Owner- Builder Declaration”

Owner-Builder Declaration From (Link)

• ☐Proof of Property Ownership – Grant deed or if the ownership is an LLC/Corporation, provide those papers as well

• ☐If this permit is being issued to an Agent for the Property Owner, we will require a notarized letter of agency at time of issuance https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oaklandca.gov%2Ffiles%2Fassets%2Fcity%2Fv%2F3%2Fplanning-amp-building%2Fdocuments%2Fpc%2Fforms-and-apps%2Fowner-builders-declaration-form.pdf&data=05%7C02%7Cdagonzalez%40oaklandca.gov%7Cacfe39cbab7146016e3008df0ac4641a%7C989a21806fbc47f180321a9ee969c58d%7C0%7C0%7C639241511059159213%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=emtRhE%2BjGaXKWo%2BnoGdd3yopnYBJHZrIe6fEQ46tl7c%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oaklandca.gov%2Ffiles%2Fassets%2Fcity%2Fv%2F3%2Fplanning-amp-building%2Fdocuments%2Fpc%2Fforms-and-apps%2Fowner-builders-declaration-form.pdf&data=05%7C02%7Cdagonzalez%40oaklandca.gov%7Cacfe39cbab7146016e3008df0ac4641a%7C989a21806fbc47f180321a9ee969c58d%7C0%7C0%7C639241511059159213%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=emtRhE%2BjGaXKWo%2BnoGdd3yopnYBJHZrIe6fEQ46tl7c%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.oaklandca.gov%2Ffiles%2Fassets%2Fcity%2Fv%2F3%2Fplanning-amp-building%2Fdocuments%2Fpc%2Fforms-and-apps%2Fowner-builders-declaration-form.pdf&data=05%7C02%7Cdagonzalez%40oaklandca.gov%7Cacfe39cbab7146016e3008df0ac4641a%7C989a21806fbc47f180321a9ee969c58d%7C0%7C0%7C639241511059159213%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=emtRhE%2BjGaXKWo%2BnoGdd3yopnYBJHZrIe6fEQ46tl7c%3D&reserved=0

NTB Project 1005845 AAMLO Preservation of African American Collections and Energy Updates Page 9 of 52

SECTION 2. Mandatory Policies and Programs

Schedules R, O, I, W, and Z shall be submitted with the bid.

All other Schedules referenced below are not required with the Bid. These schedules will only be required of the contractor receiving the award and will be provided during the contract execution phase. These Schedules, policies, programs, and ordinances referenced in this section are available at: https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules

Please carefully review all the terms and conditions described below. The City shall award contracts only to firms that can achieve full compliance.

2.1 Prevailing Wage

This project is subject to California Labor Code Sections 1770-1781, 1813, and 1815, which require the payment of prevailing wages and compliance with other applicable requirements. Prevailing wage information, including wage rates, can be found at the California Department of Industrial Relations website: https://www.dir.ca.gov/public-works/prevailing-wage.html.

As a condition to receiving progress payments, final payment, and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor shall have provided to the City, along with its request for payment, all applicable and necessary certified payrolls and other required documents for the time period covering such payment request. The City shall withhold any portion of a payment, including the entire payment amount, until certified payroll forms and other required compliance monitoring documents are properly submitted. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., or wage violations are identified by the City, the City may continue to hold sufficient funds to cover estimated wages and penalties under the contract.

a. Weekly Certified Payroll: Contractors are required to submit weekly certified payroll documents five days after each pay period to the City and will be monitored/audited for compliance. The City will investigate discrepancies in the audit as well as prevailing wage claims and may request further documentation or proof of compliance. If the City determines that Contractor has failed to pay any of its employees the appropriate prevailing wage rate, findings will be reported to the Department of Labor and/or the difference between the amount paid and the amount owed for prevailing wages from any amount owed contractor will be withheld until such time as the payment dispute is fully and finally resolved.

b. Electronic Payroll Submittals: The prime contractor and all subcontractors shall submit all certified payrolls via the LCPtracker System. Prime contractors will be assessed a fee for the https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules https://www.dir.ca.gov/public-works/prevailing-wage.html https://www.dir.ca.gov/public-works/prevailing-wage.html

NTB Project 1005845 AAMLO Preservation of African American Collections and Energy Updates Page 10 of 52 payroll software as noted in the City’s Master Fee Schedule:

https://www.oaklandca.gov/documents/city-of-oakland-master-fee-schedules

c. All work is subject to compliance monitoring and enforcement of prevailing wage requirements by the California Department of Industrial Relations (DIR) and the City of Oakland Department of Workplace and Employment Standards (DWES).

d. The prime contractor must post job site notices prescribed by regulation.

2.2 Senate Bill 854

Signed into law on June 20, 2014, SB 854 made several significant changes to laws pertaining to the administration and enforcement of prevailing wage requirements by the State of California Department of Industrial Relations (DIR). Among other things, SB 854 established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond-funded and other specified public works projects.

Important Things to Know About SB 854:

a. It is mandatory for all contractors and subcontractors who bid or work on a public works project to register and pay an annual fee to DIR.

b. Only DIR-registered contractors and subcontractors may be listed on a bid proposal for a public works project.

c. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with DIR.

d. No contractor or subcontractor may work on a public works project unless registered with DIR.

e. An awarding body may not accept a bid or enter into a contract for public work with an unregistered contractor.

f. DIR maintains an up-to-date listing of registered contractors.

g. Additional information may be found at the DIR website: http://www.dir.ca.gov/public-works/publicworks.html

• There are exceptions to the registration requirement for bidders in circumstances where a CSLB license would not be required at the time of bidding.

• Additional exceptions and protections are included in the registration laws to limit bid challenges, allow some violations to be cured through payment of penalty fees, and allow unregistered contractors to be replaced with registered ones.

h. Further, effective July 1, 2016, Assembly Bill 219 requires companies hauling or delivering ready-mix concrete to register with the DIR as a public works contractor.

https://www.oaklandca.gov/documents/city-of-oakland-master-fee-schedules https://efiling.dir.ca.gov/PWCR/Search.action http://www.dir.ca.gov/public-works/publicworks.html

NTB Project 1005845 AAMLO Preservation of African American Collections and Energy Updates Page 11 of 52

2.3 Definitions and Abbreviations

Refer to Special Provisions, Sections 1-2 and 1-3.

2.4 Nondiscrimination/Equal Employment Practices

Contractor shall not discriminate or permit discrimination against any person or group of persons in any manner prohibited by federal, state, or local laws. During the performance of this contract, the contractor agrees as follows:

a. Contractor and Contractor’s sub-contractors, if any, shall not discriminate against any employee or applicant for employment because of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. This nondiscrimination 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 Sub-contractors shall state in all solicitations or advertisements for employees placed by or on behalf of Contractor that all qualified applicants will receive consideration for employment without regard to age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability.

c. Contractor shall make its goods, services, and facilities accessible to people with disabilities and shall verify compliance with the Americans with Disabilities Act by executing Declaration of Compliance with the Americans with Disabilities Act, attached hereto and incorporated herein.

d. If applicable, Contractor will send to each labor union or representative of workers with whom Contractor has a collective bargaining agreement or contract or understanding, a notice advising the labor union or workers’ representative of Contractor’s commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

e. Contractor shall submit information concerning the ownership and workforce composition of Contractor’s firm as well as its sub-Contractors and suppliers, by completing the Ownership, Ethnicity and Gender Questionnaire.

f. All affirmative action efforts of Contractors are subject to tracking by the City. This information or data shall be used for statistical purposes only. All Contractors are required to provide data regarding the make-up of their sub-Contractors and agents who will perform City contracts, including the race and gender of each employee and/or Contractor and his or her job title or function and the methodology used by Contractor to hire and/or contract with the individual or entity in question.

NTB Project 1005845 AAMLO Preservation of African American Collections and Energy Updates Page 12 of 52

g. The City will immediately report evidence or instances of apparent discrimination in City or Agency contracts to the appropriate State and Federal agencies, and will take action against Contractors who are found to be engaging in discriminatory acts or practices by an appropriate State or Federal agency or court of law, up to and including termination or debarment.

2.5 Local and Small Local Business Enterprise Program (L/SLBE) In general, there is a 50% local business participation requirement on all construction contracts at or over $100,000; all professional services contracts at or over $50,000; and all purchases of commodities, goods and associated services at or over $50,000. This participation must be met with a minimum participation of 25% for Local Business Enterprises (LBE)/Local Not for Profit Business Enterprise (L/NFPBE) and 25% for Small Local Business Enterprises (SLBE)/Small Local Not for Profit Business Enterprise (S/LNFPBE). SLBE and SLNFPBE may meet the full 50% requirement. Where Very Small Local Business Enterprises (VSLBE) participation is evident, the level of participation will be double-counted towards meeting the requirement. The participation requirements may be adjusted if there are not at least three L/SLBEs in a major category of work.

The City’s current L/SLBE Program guidelines may be accessed at the City of Oakland website: https://www.oaklandca.gov/departments/workplace-employment-standards

2.6 50% Local Employment Program (LEP): The LEP will apply to this scope of work if it includes the purchase of construction services either by the City as buyer or by a City Financial Assistance Recipient (CFAR); and either the City is the buyer and the dollar amount of the project exceeds $50,000.00 dollars; or the project exceeds 30 days; or new hires are needed to perform the work on the project.

Specifically, for such covered work, the LEP establishes a goal of 50% of the work hours, which must be performed by Oakland residents on a craft-by-craft basis. In addition, a minimum of 50% of all new hires on the project (on a craft-by-craft basis) must be Oakland residents, and the first new hire must be an Oakland resident. The LEP does not apply when the contract or subcontract is performed by an owner/operator; or the project requires less than 140 hours of work; or the project is performed as emergency work; or a job requires no more than two craft-persons to perform the duties of the entire project;

or a contractor’s core workforce includes 50% Oakland residents, and no additional employees will be hired.

If applicable, the selected Bidder/Contractor must achieve the goals of the LEP or secure an exemption from the City. The goals must be maintained for the duration of the project and part of all subcontracts, regardless of Tier of phase under the contract.

https://www.oaklandca.gov/departments/workplace-employment-standards

NTB Project 1005845 AAMLO Preservation of African American Collections and Energy Updates Page 13 of 52

The City’s current LEP guidelines may be accessed at the City of Oakland website:

https://www.oaklandca.gov/departments/workplace-employment-standards

2.7 15% Apprenticeship Policy: The 15% Apprenticeship Policy will apply to City of Oakland funded construction projects where the total cost of the accepted bid for the project is $15,000 or more. This policy requires at least 15% of the total labor hours be performed by Oakland residents as apprentices, enrolled in a registered apprenticeship program approved or recognized by the State of California Division of Apprenticeship Standards.

The City’s current Apprenticeship Program guidelines may be accessed via the following link: https://cao-94612.s3.amazonaws.com/documents/OAKLAND-APPRENTICESHIP- WORKFORCE-DEVELOPMENT-PARTNERSHIP-SYSTEM.pdf

2.8 Prompt Payment Ordinance - Oakland Municipal Code, Chapter 2.06.070 This Ordinance requires that the selected Bidder/Contractor shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of submission of invoices, unless specific exemptions apply, or unless the contractor or its subcontractors notify the City’s Prompt Payment Liaison in writing within five (5) business days that there is a bona fide dispute between the contractor or its subcontractor and claimant. In this case the contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount.

Disputed payments are subject to investigation by the Liaison upon the filing of a compliant. The 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. If the contractor or its subcontractor fails or refuses to deposit security, the Liaison will withhold an amount sufficient to cover the claim from the next contractor progress payment. Upon a determination that an undisputed invoice or payment is late, the Liaison will release security deposits or withholds directly to claimants for valid claims.

The contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. The contractor and its subcontractors shall be required to 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's website, the contractor and its subcontractors are required to file notice with the City of the release of retention and payment of mobilization fees within five (5) business days of such payment or release; and, the contractor and its subcontractors are required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City, The affidavit shall provide the names and address of all subcontractors and the amount paid to each.

https://www.oaklandca.gov/departments/workplace-employment-standards https://cao-94612.s3.amazonaws.com/documents/OAKLAND-APPRENTICESHIP-WORKFORCE-DEVELOPMENT-PARTNERSHIP-SYSTEM.pdf https://cao-94612.s3.amazonaws.com/documents/OAKLAND-APPRENTICESHIP-WORKFORCE-DEVELOPMENT-PARTNERSHIP-SYSTEM.pdf

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The contractor and its subcontractors shall include the same or similar provisions as those set forth above in any contract with a subcontractor that delivers goods and/or services in connection with a City of Oakland contract. Invoice and claim inquiries should be directed to dwes@oaklandca.gov.

2.9 Pending Dispute Disclosure Policy

Contractors are required to disclose pending disputes with the City of Oakland.

Contractor agrees to disclose and has disclosed, any and all pending disputes with the City in writing to the Project Manager. Failure to disclose pending disputes prior to execution of this Agreement or any subsequent amendment shall be a basis for termination of the Agreement.

2.10 Conflict of Interest/Confidentiality/City-Contractor Relationship The contractor shall avoid all conflicts of interest and respect its relationship with the City by maintaining confidentiality of materials deemed confidential by law.

According to the City’s Purchasing Ordinance (OMC Chapter 2.04.050.C), “No person, firm or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services or both.” To clarify, a firm (including, but not limited to licensed contractors and professional service providers) may not submit a proposal as a prime consultant or contractor if they are being listed as a sub-consultant or subcontractor on another proposal or bid for the same solicitation.

Exceptions include:

a. A firm may be listed on more than one proposal or bid if they are proposing under separate legal entities.

b. A firm, if not submitting as a prime consultant or contractor, may be listed as a sub-consultant or subcontractor on more than one proposal or bid.

c. In the case of an RFQ for On-Call Construction Services, a firm may be listed as a prime contractor or subcontractor in more than one submittal provided each submittal is for a different contractor license type (e.g. A, B, C10, C-27, etc..) or service type at the sole discretion of the City.

d. No officer, director, employee, or member of a Mentor-Protégé team, as defined by the L/SLBE Program, shall be allowed to bid or otherwise participate independently on a city contract where the mentor-protégé team is bidding or otherwise participating. Each party is prohibited from submitting multiple bids on a city contracts.

The contractor specifically agrees to the following:

a. The contractor 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 work requested by the Notice to Bidders. Without limitation, the contractor represents to and agrees with the City that no conflict of interest is created between performing the work hereunder and any interest Contractor may have with respect to any other person or entity (including but not limited to any mailto:dwes@oaklandca.gov

NTB Project 1005845 AAMLO Preservation of African American Collections and Energy Updates Page 15 of 52 federal or state regulatory agency) which has any interest adverse or potentially adverse to the City.

b. The contractor understands and agrees to successfully perform the work requested by the Notice to Bidders. In addition, every communication between the contractor and the City or its special counsel shall be considered to be a confidential communication between client and lawyer (see California Evidence Code Section 952), and the confidential work product 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 the contractor, 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 City Administrator and shall not be communicated to any person except as specifically authorized 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 a service provider if the service provider or an employee, officer or director of the service providers’ firm, or any immediate family of the preceding, or any subcontractor or contractor 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 the awarding of the contract or otherwise participate in the making of the contract. The making of a contract includes actions that are preliminary or preparatory to the selection of a contractor such as, but not limited to, involvement in the reasoning, planning and/or drafting of solicitations for bids and requests for proposals/qualifications, feasibility studies, master plans or preliminary discussions or negotiations.

d. “Contractor/consultant’s duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.”

2.11 Violation of Federal, State, City Laws, Programs or Policies The City may, in their sole discretion, consider violations of any programs and policies described or referenced in this document a material breach and may take enforcement

NTB Project 1005845 AAMLO Preservation of African American Collections and Energy Updates Page 16 of 52 action provided under the law, programs, or policies, and/or terminate the contract, debar contractors from further contracts with City and/or take any other action or invoke any other remedy available under law or equity.

2.12 Ownership, Ethnicity and Gender Questionnaire – Schedule D The contractor shall submit information concerning the ownership and workforce composition of its firm (This is included in the Combined Schedules).

2.13 Sanctuary City – Schedule I

Neither this Business Entity nor any of its subsidiaries, affiliates or agents are under contract with the United States Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), or the Department of Health and Human Services Office of Refugee Resettlement (HHS/ORR) to provide services or goods for data collection or immigration detention facilities. The term “data collection” includes the collection of information (such as personal information about consumers) for another purpose from that which it is ultimately used, data mining in large databases for trends and information, threat-modeling to identify probable attackers to computer systems, predictive risk analysis to predict future events and similar services. Additionally, this business entity does not anticipate a contract with ICE, CBP, or HHS/ORR for such work for the duration of a contract/contracts with the City of Oakland.

2.14 Independent Contractor Questionnaire - Schedule M, Part A Contractor represents that:

• Contractor has the Proposals and skills necessary to perform the services under this contract in a competent and professional manner without the advice or direction of the City; and

• the services will be performed in accordance with the generally accepted principles and practices applicable to contractor’s trade or profession; and

• Contractor and its employees and sub-contractors are properly licensed, registered, and/or certified as may be required under any applicable federal, state and local laws, statutes, ordinances, rules and regulations relating to performance of the services; and

• all services provided pursuant to this contract shall comply with all applicable laws and regulations; and

• Contractor will promptly advise City of any change in the applicable laws, regulations, or other conditions that may affect City’s program.

• This means Contractor is able to fulfill the requirements of this contract. Failure to perform all of the services required under this contract will constitute a material breach of the contract and may be cause for termination of the contract. Contractor has complete and sole discretion for the manner in which the work under this contract is performed.

2.15 Living Wage Ordinance – Schedule N

Design-Build, Construction Manager At-Risk, or other contracts for public works of improvement that involve services of licensed professionals, such as, but not limited to, NTB Project 1005845 AAMLO Preservation of African American Collections and Energy Updates Page 17 of 52 architects and engineers, are subject to Oakland’s Living Wage Ordinance, Oakland Municipal Code Chapter 2.28, where such services amount to or exceed $25,000. The ordinance requires that, unless specific exemptions apply or a waiver is granted, all employers contracted to provide services amounting to or exceeding $25,000, shall provide nothing less than a prescribed minimum level of compensation (a living wage), as well as the provision of at least twelve (12) days off per year for sick leave.

If applicable, the selected Bidder/Contractor must agree to comply with the requirements of OMC Chapter 2.28, and agree it has a duty to promptly provide the City with any documents and information requested verifying its compliance, including the completion and submission of a Declaration of Compliance with the Living Wage Ordinance (Schedule N).

2.16 Minimum Wage Ordinance

Oakland employers are subject to Oakland’s Minimum Wage Ordinance (OMC Chapter 5.92) whereby Oakland employees must be paid the City’s current Minimum Wage rate.

Employers must notify employees of the annually adjusted rates by each December 15th and prominently display notices at the job site. The law also requires paid sick leave for employees and payment of service charges collected for their services.

As noted in Section 2.13 above, Oakland’s Living Wage Ordinance applies to services that amount to or exceed $25,000. Oakland employers must pay employees wages and provide benefits consistent with the Minimum Wage Ordinance, Living Wage Ordinance, or State Prevailing Wages (Section 2.1 above), whichever are greater.

2.17 Equal Benefits Ordinance - Schedule N-1

The selected Bidder will be subject…