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23-045 VNH Builders for City of Cupertino Service Center Security GateService Center Security Gate Project 2023-103 2021 Form CONTRACT Page 1 Contract This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”) and VNH Builders (“Contractor”), for work on the Service Center Security Gate Project (“Project”). The parties agree as follows: 1.Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On May 2, 2023, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. 2.Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment and Performance Bonds; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Potential Award; and 2.12 Notice to Proceed. 3.Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4.Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $365,750.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5.Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 120 calendar days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion. 6.Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. Service Center Security Gate Project 2023-103 2021 Form CONTRACT Page 2 7.Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 8.Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 9.Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 10.Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11.Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Name: City of Cupertino Address: 10300 Torre Avenue City/State/Zip: Cupertino, CA 95014 Phone: (408) 777-3354 Service Center Security Gate Project 2023-103 2021 Form CONTRACT Page 3 Attn: Jimmy Tan Email: JimmyT@cupertino.org Copy to: scinvoices@cupertino.org Contractor: Name: VNH Builders Address: 842 Mahler Road City/State/Zip: Burlingame, CA 94010 Phone: 415-670-0661 Attn: Bruno Vieira Email: administration@vnhbuilders.com Copy to: Deborah Alves 12.General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. [Signatures are on the following page] Service Center Security Gate Project 2023-103 2021 Form CONTRACT Page 4 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/ s/ Name, Title Name, Title Date: Date: Attest: s/ Name, Title Date: CONTRACTOR: Business Name s/ Name, Title Date: Second Signature (See Section 12.8): s/ Name, Title Date: Contractor’s California License Number(s) and Expiration Date(s) END OF CONTRACT Bruno Vieira Principal May 30, 2023 1064244 03/20/24 VNH Builders Branum Spliethof Branum Spliethof Project Manager Jun 1, 2023 Christopher D. Jensen Christopher D. Jensen City Attorney Jun 1, 2023 Pamela Wu City Manager Jun 1, 2023 Kirsten Squarcia City Clerk Jun 1, 2023 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 5/24/2023 OnMarket Insurance Associates 1857 Market Street San Francisco CA 94103 415-487-1800 415-487-1810 admin@onmarketins.com Gemini Insurance Company VNHBUIL-01 AmGuard Insurance Company 42390VNH Builders 842 Mahler Rd. Burlingame CA 94010 Everest Premier Insurance Co 16045 Beazley Insurance Company 320992899 A X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 Y Y VIGP021322 5/11/2022 11/18/2023 2,000,000 B 1,000,000 X X X Y VNAU412573 4/20/2023 4/20/2024 A X X 4,000,000YVIFX0015175/11/2022Y 11/8/2023 4,000,000 C XY760002285222111/18/2022 11/18/2023 1,000,000 1,000,000 1,000,000 D POLLUTION ENP 0007398-01 5/11/2022 11/8/2023 Each Occurrence Aggregate Deductible per claim 2,000,000 2,000,000 2,500 Project # 2023-103 - Service Center Security Gate Project The City of Cupertino, including its Council, officials, officers, employees, agents, volunteers and consultants are included as additional insureds for all liability arising out of the operations by or on behalf of the named insured. Policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to the City of Cupertino, unless due to non-payment of premiums, in which case ten days written notice must be made. City of Cupertino Public Works Department City Hall 10300 Torre Avenue Cupertino CA 95014-3255 COMMERCIAL AUTO BA 99 02 09 08 BA 99 02 09 08 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 1 BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. Policy Number VNAU412573 COMMERCIAL AUTO BA 99 04 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BA 99 04 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 1 ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This provision does not apply in regard to any ownership, maintenance or use of the additional insured’s “autos.” Additional Insured When Required by Contract (1)Paragraph A.1. – WHO IS AN INSURED – of Section II – Liability Coverage is amended to add: d.When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an “insured”, but only to the extent such person or organization is liable for “bodily injury” or “property damage” caused by the conduct of an “insured” under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered “auto.” The insurance afforded to any such additional insured applies only if the “bodily injury” or “property damage” occurs: (1)During the policy period, and (2)Subsequent to the execution of such written contract, and (3)Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a)The limits of insurance specified in the written contract or written agreement; or (b)The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or “suit” under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or “suit” to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that the insurance is primary and non- contributory with the additional insured’s own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If another person or organization is added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in A. Loss Conditions 2. – Duties In The Event Of Accident, Claim, Suit Or Loss – of SECTION IV – BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. Policy Number VNAU412573 CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Policy Number: VIGP021322 CG 20 10 04 13 Insured Name: VNH Builders Number: 42 Effective Date: 05/11/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s):Location(s) Of Covered Operations Any person or organization when you have agreed in a written and executed contract prior to an "occurrence", that such person or organization be added as an additional insured on your policy. All locations for which you have agreed in a written and executed contract prior to an "occurrence." Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: VIGP021322 CG 20 37 04 13 Insured Name: VNH Builders Number: 43 Effective Date: 05/11/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person or organization when you have agreed in a written and executed contract, prior to an "occurrence", that such person or organization be added as an additional insured on your policy. All locations and completed operations for which you have agreed in a written and executed contract prior to an "occurrence." Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. VE 09 73 04 20 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 Policy Number: VIGP021322 VE 09 73 04 20 Insured Name: VNH Builders Number: 41 Effective Date: 05/11/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other Commercial General Liability insurance available to an additional insured under your policy, but only if: (1)The additional insured is a Named Insured under such other Commercial General Liability insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other Commercial General Liability insurance available to the additional insured. Coverage granted to an additional insured remains subject to all terms, conditions, limitations, and exclusions set forth in the endorsement form that conferred the additional insured status. In the event of conflict between this endorsement and an endorsement conferring additional insured status, then the endorsement conferring additional insured status shall govern the scope of coverage available to the additional insured. All other terms and conditions of this Policy remain unchanged. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: VIGP021322 CG 24 04 12 19 Insured Name: VNH Builders Number: 35 Effective Date: 05/11/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Name Of Person(s) Or Organization(s): Any person or organization you have agreed in a written and executed contract, prior to an “occurrence”, that you would provide such person or organization a waiver of transfer of rights of recovery against others to us on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc. with its permission VE 05 86 01 16 Page 1 of 1 Policy Number: VIGP021322 VE 05 86 01 16 Insured Name: VNH Builders Number: 30 Effective Date: 05/11/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – LESSOR OF LEASED EQUIPMENT- AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part APPLICATION OF ENDORSEMENT: (Enter below any limitations on the application of this endorsement.) Schedule Limitations on application of this endorsement: Automatic additional insured status does not apply to any person(s) or organization(s) from whom you lease crane or scaffolding equipment. A. Section II – Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for “bodily injury” or “property damage” caused in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However the insurance afforded to such additional insured: 1.Does not apply to the additional insured’s sole negligence; 2.Only applies to the extent permitted by law; and 3.Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person’s or organization’s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. B.With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement you have entered into with the additional insured; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. VE 01 84 12 13 Page 1 of 2 Policy Number: VIGP021322 VE 01 84 12 13 Insured Name: VNH Builders Number: 20 Effective Date: 05/11/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS(S) GENERAL AGGREGATE LIMIT – SUBJECT TO A MAXIMUM AGGREGATE This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Designated Construction Project(s): All construction projects for which you have agreed in writing in a contract, prior to an occurrence that causes "bodily injury", "property damage" or "personal and advertising injury", to provide project specific limits. A.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 3.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. CG 20 11 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number:VIGP021322 CG 20 11 12 19 Insured Name: VNH Builders Number: 12 Effective Date:05/11/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Schedule Designation Of Premises (Part Leased To You): TBD Name Of Person(s) Or Organization(s) (Additional Insured): TBD Additional Premium: $ 0 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1.Any "occurrence" which takes place after you cease to be a tenant in that premises. 2.Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. All other terms and conditions of this Policy remain unchanged. INSURED COPY - 1998 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB’s California Workers’ Compensation Insurance Forms Manual - 1999. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers’ compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION 2 ANY PERSON OR ORGANIZATION FOR BLANKET WAIVER OF SUBROGATION WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER Policy Number 7600022852221 Notice Inviting Bids 1. Bid Submission. City of Cupertino (“City”) will accept electronically submitted bids for its Service Center Security Gate Project (“Project”), by or before Thursday, March 23, 2023 at 2:00pm, at https://apps.cupertino.org/bidmanagement/index.aspx, via electronic submission to the City’s “Business Opportunities” online portal in the manner set forth in Section 1 of the Instructions to Bidders, at which time the bids will be opened by the City. 2. Project Information.  2.1 Location and Description. The Project is located at 10555 Mary Avenue, Cupertino, CA 95014 and is described as follows: Installation of a new Service Center motorized gate, power and communications to the gate, demolition and removal of existing gate, and repaving of the Service Center driveway and smaller areas within the Service Center yard. 2.2 Time for Final Completion. The Project must be fully completed within 120 calendar days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about June 1, 2023, but the anticipated start date is provided solely for convenience and is neither certain nor binding. 2.3 Estimated Cost. The estimated construction cost is $320,000 3. License and Registration Requirements. 3.1 License. This Project requires a valid California contractor’s license for the following classification(s): “A” General Engineering. 3.2 DIR Registration. City may not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 4. Contract Documents. The plans, specifications, bid forms and contract documents for the Project, and any addenda thereto (“Contract Documents”) are available in electronic form only from City’s website located at: https://apps.cupertino.org/bidmanagement/index.aspx. 5. Bid Security. Each bidder must submit bid security equal to ten percent of the maximum bid amount, in the form of a cashier’s or certified check made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents, in the manner set forth in Section 4 of the Instructions to Bidders. The bid security must guarantee that within ten days after City issues the Notice of Potential Award, the successful bidder will execute the Contract and submit the payment and performance bonds, insurance certificates and endorsements, and any other submittals required by the Contract Documents and as specified in the Notice of Potential Award. 6. Prevailing Wage Requirements. 6.1 General. Pursuant to California Labor Code § 1720 et seq., this Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. 6.2 Rates. These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. 6.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code § 1771.4. 7. Performance and Payment Bonds. The successful bidder will be required to provide performance and payment bonds, each for 100% of the Contract Price, as further specified in the Contract Documents. 8. Substitution of Securities. Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted under Public Contract Code § 22300. 9. Subcontractor List. Each Subcontractor must be registered with the DIR to perform work on public projects. Each bidder must submit a completed Subcontractor List form with its Bid Proposal, including the name, location of the place of business, California contractor license number, DIR registration number, and percentage of the Work to be performed (based on the base bid price) for each Subcontractor that will perform Work or service or fabricate or install Work for the prime contractor in excess of one-half of 1% of the bid price, using the Subcontractor List form included with the Contract Documents. 10. Non-Mandatory Bidders’ Conference. A non-mandatory bidders’ conference will be held on Thursday, March 9, 2023 at 10:00 a.m. to 11:30 a.m., at the following location: start at the lobby of the Service Center Building, 10555 Mary Avenue, Cupertino, CA to acquaint all prospective bidders with the Contract Documents and the Worksite. 11. Instructions to Bidders. All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a Bid Proposal. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, as defined therein, including this Notice Inviting Bids. By: ___________________________________ Date: ________________ Kristen Squarcia, City Clerk Publication Date: <___________________> END OF NOTICE INVITING BIDS 2/22/23 3/3/23 Service Center Security Gate Project 2021 Form INSTRUCTIONS TO BIDDERS 2023-103 Page 3 Instructions to Bidders Each Bid Proposal submitted to the City of Cupertino (“City”) for its Service Center Security Gate Project (“Project”) must be submitted in accordance with the following instructions and requirements: 1. Bid Submission. 1.1 General. Each Bid Proposal must be signed and submitted to City, using the form provided in the Contract Documents, by or before the date and time set forth in Section 1 of the Notice Inviting Bids, or as amended by subsequent addendum, via electronic submission only as specified below in Section 1.2. Faxed, hand delivered, mailed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will not be considered. City reserves the right to postpone the date or time for receiving or opening bids. Each bidder is solely responsible for all of its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance and overhead. 1.2 Electronic Submission. The Bid Proposal and all required forms and attachments must be submitted in PDF format on the City’s “Business Opportunities” portal at https://apps.cupertino.org/bidmanagement/index.aspx. To submit a bid, (1) select the folder icon in the “Actions” column for the Project; (2) select the “Electronic Submission” tab; (3) when the log-in screen appears, enter the log-in credentials used to access the Contract Documents and/or create an account, as appropriate; (4) after logging in, carefully follow all instructions for electronic submission of the Bid Proposal and all required forms and attachments. Each bidder should familiarize itself with the City’s “Business Opportunities” portal before the bid deadline. Electronic submission may take more time than anticipated. Each bidder should plan accordingly and afford itself ample time to upload its bid. Bids that are in the process of uploading but are not completely uploaded by the bid deadline will be automatically rejected by the portal. The portal will not allow submission after the bid deadline. On the next Working Day following the bid opening, the City will post the bid results to https://apps.cupertino.org/bidmanagement/index.aspx. 1.3 DIR Registration. Subject to limited legal exceptions for joint venture bids and federally-funded projects, City may not accept a Bid Proposal from a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code § 1725.5. If City is unable to confirm that the bidder is currently registered with the DIR, City may disqualify the bidder without opening its bid. (Labor Code §§ 1725.5 and 1771.1(a).) 2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed legibly using the Bid Proposal form included with the Contract Documents. The Bid Proposal form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible, and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,” “will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by a completed Subcontractor List and Non-Collusion Declaration using the Service Center Security Gate Project 2021 Form INSTRUCTIONS TO BIDDERS 2023-103 Page 4 forms included with the Contract Documents, a PDF copy of the bid security, and any additional forms required by the Notice Inviting Bids or Instructions to Bidders. In addition to submitting a PDF copy of the bid security, each bidder must also send the original form of bid security to the City, as set forth in Section 4, below. 3. Authorization and Execution. Each Bid Proposal must be signed by the bidder’s authorized representative. A Bid Proposal submitted by a partnership must be signed in the partnership name by a general partner with authority to bind the partnership. A Bid Proposal submitted by a corporation must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid Proposal, under California Corporation Code § 313. 4. Bid Security. Each bid must be guaranteed by bid security of ten percent of the maximum bid amount, in the form of a cashier’s or certified check made payable to the City, or bid bond using the form included in the Contract Documents and executed by a surety licensed to do business in the State of California. 4.1 Form of Security and Submission. In addition to submitting a PDF copy of the bid security, the wet-inked original bid bond, cashier’s or certified check, must be sent to the City via U.S. Mail or a reliable overnight delivery service in a sealed envelope addressed to City of Cupertino, Office of the City Clerk, 10300 Torre Avenue, Cupertino, CA 95014 and clearly labeled with the bidder’s legal name and address, the Project title, and date and time of the bid deadline. The envelope containing the original form of bid security must be postmarked or otherwise dated to show that it was submitted to the United States Postal Service or overnight delivery service by or before the date of the bid deadline. 4.2 Bid Guarantee. The bid security must guarantee that, within ten days after issuance of the Notice of Potential Award, the bidder will: execute and submit the enclosed Contract for the bid price; submit payment and performance bonds for 100% of the maximum Contract Price; and submit the insurance certificates and endorsements and any other submittals, if any, required by the Contract Documents or the Notice of Potential Award. A Bid Proposal may not be withdrawn for a period of 60 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code § 5100 et seq. 5. Bid Schedule. Each bidder must complete the Bid Schedule form with unit prices as indicated and submit the completed Bid Schedule with its Bid Proposal. 5.1 Incorrect Totals. In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount as the product of the estimated quantity and the unit cost. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the amount entered as the base bid on the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. Likewise, in the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this provision is intended to Service Center Security Gate Project 2021 Form INSTRUCTIONS TO BIDDERS 2023-103 Page 5 prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code § 5100 et seq. 5.2 Estimated Quantities. The quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price, and without regard to the percentage increase or decrease of the estimated quantity and the actual quantity. 6. Subcontractor Work Limits. The prime contractor must perform at least 50% of the Work on the Project, calculated as a percentage of the base bid price, with its own forces, except for any Work identified as “Specialty Work” in the Contract Documents. The total bid amount for any such Specialty Work, as shown on the Bid Schedule, may be deducted from the base bid price before computing the 50% self-performance requirement. The remaining Work may be performed by qualified Subcontractor(s). 7. Bidder’s Questionnaire. A completed, signed Bidder’s Questionnaire using the form provided with the Contract Documents and including all required attachments must be submitted within 48 hours following a request by City. A bid that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non-responsible. 8. Pre-Bid Investigation. 8.1 General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documents, examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid Proposal. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to the public at large, bidders may not enter property owned or leased by the City or the Project site without prior written authorization from City. 8.2 Document Review. Each bidder is responsible for review of the Contract Documents and any informational documents provided “For Reference Only,” e.g., as-builts, technical reports, test data, and the like. A bidder is responsible for notifying City of any errors, omissions, inconsistencies, or conflicts it discovers in the Contract Documents, acting solely in its capacity as a contractor and subject to the limitations of Public Contract Code § 1104. Notification of any such errors, omissions, inconsistencies, or conflicts must be submitted in writing to the City no later than five Working Days before the scheduled bid opening. (See Section 5, above.) City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City. 8.3 Project Site. Questions regarding the availability of soil test data, water table elevations, and the like should be submitted to the City in writing, as specified in Section 5, above. Any subsurface exploration at the Project site must be done at the bidder’s expense, but only with prior written authorization from City. All soil data Service Center Security Gate Project 2021 Form INSTRUCTIONS TO BIDDERS 2023-103 Page 6 and analyses available for inspection or provided in the Contract Documents apply only to the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The bidder is responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during Project construction will not be considered changed Project site conditions. Actual locations and depths must be determined by bidder’s field investigation. The bidder may request access to underlying or background information on the Project site in City’s possession that is necessary for the bidder to form its own conclusions, including, if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures. 8.4 Utility Company Standards. The Project must be completed in a manner that satisfies the standards and requirements of any affected utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the third party utility owners to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the affected third party utility owners about their requirements before submitting a Bid Proposal. 9. Bidders Interested in More Than One Bid. No person, firm, or corporation may submit or be a party to more than one Bid Proposal unless alternate bids are specifically called for. However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders. 10. Requests for Information. Questions or requests for clarifications regarding the Project, the bid procedures, or any of the Contract Documents must be submitted in writing to Jimmy Tan, at JimmyT@cupertino.org. Oral responses are not authorized and are not binding on the City. Bidders should submit any such written inquiries at least five Working Days before the scheduled bid opening. Questions received any later might not be addressed before the bid deadline. An interpretation or clarification by City in response to a written inquiry will be issued in an addendum. 11. Addenda. Any addenda issued prior to the bid opening are part of the Contract Documents. Subject to the limitations of Public Contract Code § 4104.5, City reserves the right to issue addenda prior to bid time. Each bidder is solely responsible for ensuring it has received and reviewed all addenda prior to submitting its bid. Bidders should check City’s website periodically for any addenda or updates on the Project at: http://www. cupertino.org/our-city/departments/public-works/city-construction-projects- capital-improvement-projects. 12. Brand Designations and “Or Equal” Substitutions. Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution. A request for substitution must be submitted within 35 days after Notice of Potential Award unless otherwise provided in the Contract Documents. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code § 3400(c). Service Center Security Gate Project 2021 Form INSTRUCTIONS TO BIDDERS 2023-103 Page 7 13. Bid Protest. Any bid protest against another bidder must be submitted in writing and received by City at 10555 Mary Avenue., Cupertino, CA 95014, Attn: Jimmy Tan or sent via email at JimmyT@cupertino.org before 5:00 p.m. no later than two Working Days following the date upon which the City posts the bid results (“Bid Protest Deadline”) and must comply with the following requirements: 13.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by City, the protesting bidder must submit a non-refundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section 10, a “Working Day” means a day that City is open for normal business, and excludes weekends and holidays observed by City. Pursuant to Public Contract Code § 4104, inadvertent omission of a Subcontractor’s DIR registration number on the Subcontractor List form is not grounds for a bid protest, provided it is corrected within 24 hours of the bid opening or as otherwise provided under Labor Code § 1771.1(b). 13.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and must include all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person submitting the protest on behalf of or as an authorized representative of the protesting bidder. 13.3 Copy to Protested Bidder. Upon submission of its bid protest to City, the protesting bidder must also concurrently transmit the protest and all supporting documents to the protested bidder, and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest, by email or hand delivery to ensure delivery before the Bid Protest Deadline. 13.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within two Working Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must attach all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person responding on behalf of or representing the protested bidder if different from the protested bidder. 13.5 Copy to Protesting Bidder. Upon submission of its response to the bid protest to the City, the protested bidder must also concurrently transmit by email or hand delivery, by or before the Response Deadline, a copy of its response and all supporting documents to the protesting bidder and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. Service Center Security Gate Project 2021 Form INSTRUCTIONS TO BIDDERS 2023-103 Page 8 13.6 Exclusive Remedy. The procedure and time limits set forth in this Section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings. 13.7 Right to Award. City reserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit, to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to Proceed with the Work notwithstanding any pending or continuing challenge to its determination. 14. Reservation of Rights. City reserves the unfettered right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities; to accept or reject any or all bids; to cancel or reschedule the bid; to postpone or abandon the Project entirely; or to perform all or part of the Work with its own forces. The Contract will be awarded, if at all, within 60 days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid. Any planned start date for the Project represents the City’s expectations at the time the Notice Inviting Bids was first issued. City is not bound to issue a Notice to Proceed by or before such planned start date, and it reserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. The City expressly disclaims responsibility for any assumptions a bidder might draw from the presence or absence of information provided by the City in any form. Each bidder is solely responsible for its costs to prepare and submit a bid, including site investigation costs. 15. Bonds. Within ten calendar days following City’s issuance of the Notice of Potential Award to the apparent low bidder, the bidder must submit payment and performance bonds to City as specified in the Contract Documents using the bond forms included in the Contract Documents. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable. 16. License(s). The successful bidder and its Subcontractor(s) must possess the California contractor’s license(s) in the classification(s) required by law to perform the Work. The successful bidder must also obtain a City business license within 30 days following City’s issuance of the Notice of Potential Award. Subcontractors must also obtain a City business license before performing any Work. 17. Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public works project under Labor Code §§ 1777.1 or 1777.7 is prohibited from performing work on the Project. 18. Safety Orders. If the Project includes construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid must include a bid item for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which comply with safety orders as required by Labor Code § 6707. END OF INSTRUCTIONS TO BIDDERS Page 1 of 1 ADDENDUM NO. 1 Service Center Security Gate Project Project No. 2023-103 Bid Opening: March 23, 2023 at 2:00pm Issue Date: March 14, 2023 The following clarifications and revisions are hereby made to the above referenced project. 1.Project Manual: Contract Section 6.Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $2,000 $1,500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. 2.Delete Specification Section 32 31 00 Security Fencing and Gates and replace with attached Specification Section 32 31 00. City of Cupertino Service Center Security Gate Project 2023-103 32 31 00 Security Fencing and Gates Page 133 32 31 00 SECURITY FENCING AND GATES PART 1 – GENERAL Gate shall be provided by A&D Automatic Gate and Access, 810 Warrington Avenue, Redwood City, 94062, no approved equal. Phone: (650) 365-8828. Contractor shall furnish and install a fully functioning security gate with power to an existing panel on the City’s Service Building and with communication into communication room of the Service Building, as shown on the drawings. Contractor will coordinate their scope of work with A&D’s scope of work and product to deliver a fulling functioning, turnkey gate to the City. A&D and Contractor shall provide 2 hours of training to the City for operation of the gate. PART 2 - PRODUCTS 2.1 PRODUCTS Gate operator, long range reader/photo beam, fencing, call box, photo eye, and loops shall be recommended and supplied by A&D. Communication to call box shall be by internet cable back to the City’s communication room. Call box shall have light to illuminate the call box area. Anticipated equipment includes: a. Cell-gate W450 Watchman EVO with Live Streaming Video, plug and play internet option, with light. b. IRB-RED Universal UL325-2016 Retroreflective Photoeye. c. ME 120 and MT20 Sensing Edge d. Megatron 2200 PRO Motor e. M62 Seri Magnalock f. TagMaster XT-Series UHF reader vehicle access control. Foundation for gates shall be coordinated with A&D. 2.2 VEHICLE GATES Contractor shall furnish and install two 7’x 14’ steel gates. Gates will have a 3”x2” Hollow Steel Tube base frame with the remaining perimeter of 2”x2" hst. Pickets will be set at 4” on center and will be ¾ x ¾ hst. Gates will hinge upon two 6”x 6”x .250 hst posts that we will excavate into the roadway and grout in place. Gates will be manufactured to meet ASTM F2200 standards and will be installed to meet UL325 Code requirements. Gates will be made to swing in toward the property in unison when activated. Gates will be finished with two coats of primer and a finish coat of low luster black spray fish that can be easily matched in the field. City of Cupertino Service Center Security Gate Project 2023-103 32 31 00 Security Fencing and Gates Page 133 2.3 VEHICLE GATE OPERATORS Contractor shall furnish and install two new MAX 2200 Pro series swing gate operators. Gate operators will be mounted upon two 30”x30”x30” concrete pads. Operators shall be installed to manufacturer’s specifications and shall meet UL325 code. Operators shall be equipped with inherent reversing technology and battery backup. 2.4 SENSORS AND PHOTO EYE Contractor shall furnish and install a reversing sensor on the leading edge of each of the two swing gates. Reversing edge sensors shall reverse the motion of the moving gate if the sensor contacts an object while the gate is in motion. Contractor shall furnish and install a photo eye across the gate opening. Photo eye shall reverse the motion of the closing gates if an object breaks the beam while the gate is closing. Contractor shall furnish and install obstruction loops on each side of the gate line to sense if vehicles are in the path of the closing gate. Obstruction loops will act as a hold open device if a vehicle is detected in the gate path. A shadow loop shall be installed on interior of the opening to protect the area where the gate swing would otherwise trigger a safety default. Gate shall be fitted with a new Securitron magnetic lock. 2.5 ACCESS Contractor shall furnish and install an EV 450 Cell Gate, Cellular Telephone Entry System that is placed upon a gooseneck post on the exterior of the enclosure. The EV 450 shall be equipped with online programming, a camera, live streaming video, a buffer that will store visitor information. The EV 450 shall tie into a Tagmaster Long Range reader that shall be installed near the gate opening. EV 450 shall act as a programming device for the Tagmaster system that can be programmed via any PC. Contractor shall provide one hundred and fifty (150) heavy duty, passive transponders and twenty-five (25) passive, portable, “hang tags”. The gate shall be opened when any exiting vehicle crosses the free exit loop that is installed in a strategic area. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas and conditions, with A&D and City present, for compliance with requirements for site clearing, earthwork, pavement work, and other conditions affecting performance. 3.2 SITE COORDINATION AND INSTALLATION A. Coordinate fence post layout and depth of footing with A&D. Contractor shall work with A&D for installation of posts and footings. City of Cupertino Service Center Security Gate Project 2023-103 32 31 00 Security Fencing and Gates Page 133 B. Coordinate conduit and pull box locations with A&D. Contractor shall place pull boxes to best serve the new gate and gate features. C. Contractor shall pull all wiring and coordinate with the City for connection points for power and communications in order to deliver a functioning security gate with communication to the service building. END OF SECTION 32 31 00 Service Center Security Gate Project 2021 Form BID PROPOSAL 2023-103 Page 9 Bid Proposal Service Center Security Gate Project ______________________________________________________ (“Bidder”) hereby submits this Bid Proposal to City of Cupertino (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice. 1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead for the following price (“Base Bid”): $_______________________________________________________. 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda: Addendum: Date Received: Addendum: Date Received: #01 _____________ #05 _____________ #02 _____________ #06 _____________ #03 _____________ #07 _____________ #04 _____________ #08 _____________ 3. Bidder’s Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following: 3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code § 1104. 3.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location. 3.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time. 3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid. All statements and information provided in this Bid Proposal and enclosures are true and correct to the best of Bidder’s knowledge. 3.5 Nondiscrimination. In preparing this Bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status. Service Center Security Gate Project 2021 Form BID PROPOSAL 2023-103 Page 10 3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded the Contract for the Project, within ten days following issuance of the Notice of Potential Award to Bidder, Bidder will do all of the following: 4.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents; 4.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; and 4.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents. 5. Bid Security. As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms (check one): ____ A cashier’s check or certified check payable to City and issued by _______________________________ [Bank name] in the amount of $____________________________. ____ A bid bond, using the Bid Bond form included with the Contract Documents, payable to City and executed by a surety licensed to do business in the State of California. This Bid Proposal is hereby submitted on _________________________, 20__. s/ ___________________________________ ______________________________________ Name and Title s/ ___________________________________ ______________________________________ [See Section 3 of Instructions to Bidders] Name and Title _____________________________________ ______________________________________ Company Name License #, Expiration Date, and Classification _____________________________________ ______________________________________ Address DIR Registration # _____________________________________ ______________________________________ City, State, Zip Phone _____________________________________ ______________________________________ Contact Name Contact Email END OF BID PROPOSAL Service Center Security Gate Project 2021 Form BID SCHEDULE 2023-103 Page 11 Bid Schedule This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs) BID ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT 1 Mobilization and Demobilization 1 LS $ $ 2 Traffic Control and General Safety Measures 1 LS $ $ 3 Storm Water Pollution and Dust Control 1 LS $ $ 4 Site Demolition 1 LS $ $ 5 Four – 1” Conduit Section (Directional Drilling) 145 LF $ $ 6 Four – 1” Conduit Section (Open Trench) 55 LF $ $ 7 Three – 1” Conduit Section (Open Trench) 50 LF $ $ 8 Two – 1” Conduit Section (Open Trench) 30 LF $ $ 9 Pull Boxes 12 EA $ $ 10 AC Pavement 240 TON $ $ 11 Class II Aggregate Base 225 TON $ $ 12 Security Gate and Side Fencing (Complete in place, Fully operational) 1 LS $ $ 13 Communication and Electrical Wiring 1 LS $ $ TOTAL BASE BID: Items 1 through 13 inclusive: $_____________________________________ Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form. BIDDER NAME: ________________________________________________________________ END OF BID SCHEDULE Service Center Security Gate Project 2021 Form MEASUREMENT AND PAYMENT 2023-103 Page 12 Measurement and Payment Payment for the various items of the Bid Schedule, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the Work all in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including all costs of permits and cost of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefore shall be included in the prices named in the Bid Schedule for the various appurtenant items of work. Bid Item 1 Mobilization and Demobilization The contract lump-sum price paid for Bid Item No. 1, Mobilization and Demobilization, shall include full compensation for furnishing all labor, materials, tools and equipment, tree protection, temporary facilities, movement onto the sites, sanitation facilities, cost of bonds, and insurances for both the prime and subcontractors, removal of temporary facilities at the completion of the projects, and all other related mobilization and demobilization costs. Mobilization bid price shall not exceed ten percent (10%) of the total bid. Payment for this Item 1 shall be made as follows: A. Fifty percent (50%) of the mobilization bid price, less retention, will be paid on the initial billing, provided that all equipment is on-site and bond insurance fees are paid. B. Forty percent (40%) of the mobilization bid price, less retention, will be paid on a prorated basis during the remaining life of the contract. C. Ten percent (10%) of the mobilization bid price, plus any remaining amount left from the prorated payments, less retention, will be paid upon satisfactory completion of punch list items, cleaning up, and removal of all temporary facilities and equipment from the project sites. Bid Item 2 Traffic Control and General Safety Measures The contract lump-sum price paid for Bid Item No. 2, Traffic Control and General Safety Measures, shall constitute the full compensation for all labor, materials, tools, and equipment required to provide a safe working environment above ground for both workers and the general public through effective use of traffic control devices, including, but not limited to, preparation of traffic control plans, notices, signs, barricades, delineators, sign relocations, flag holders, as specified in these specifications, and as required by the City. Contractor must prepare and submit a Traffic Control Plan to the City for review and approval before the beginning of construction. No payment for traffic control will be made until the Contractor has developed and submitted to the City a satisfactory traffic control plan. Contractor shall prepare to keep one lane open at all times where possible, determined at the discretion of the City. Bid Item 3 Storm Water Pollution and Dust Control The contract lump sum price paid for Storm Water Pollution and Dust Control shall constitute full compensation for furnishing all labor, equipment, materials, and incidentals for doing all work involved in Service Center Security Gate Project 2021 Form MEASUREMENT AND PAYMENT 2023-103 Page 13 Storm Water Pollution Prevention Measures and Dust Control, including the maintenance of all storm water pollution prevention and erosion control measures through project completion. Bid Item 4 Site Demolition The contract lump-sum price paid for Bid Item No. 4, Site Demolition, shall constitute the full compensation for all labor, materials, tools, and equipment required for demolition and disposal of surplus material including existing gate, pavements, soil, protection of existing facilities; protection of all trees, and no additional compensation shall be allowed therefore. Bid Item 5 Four – 1” Conduit Section (Directional Drilling) The contract price measured and paid on a per lineal foot basis for Bid Item No. 5, shall constitute the full compensation for furnishing all labor, materials, tools, and equipment to furnish and install the new conduit by horizontal directional drilling including; drilling pilot hole, drilling through natural obstructions, furnishing and installing the new conduit and wire pulls, drilling fluids; connecting the conduit to the pull boxes; protection of trees; avoiding existing utilities; excavation and backfilling of insertion pit, all fittings, off-haul and disposal of all excess material, and all other tasks and costs incidental and necessary to complete the item as specified herein. Bid Item 6 through 8 Four – 1” Conduit Section, Three – 1” Conduit Section, and Two – 1” Conduit Section (Open Trench) The contract price measured and paid on a per lineal foot basis for Bid Items No. 6 through 8, shall constitute the full compensation for furnishing all labor, materials, tools, and equipment to furnish and install 1” conduits including, but is not limited to, furnishing and installing new conduit and wire pulls, verifying and confirming location of existing utilities prior to excavation, saw cutting pavement and curb and gutter, protection of trees; trenching, excavation, hand digging and/or vacuum excavating carefully around existing underground utilities, temporary support for utilities crossings, bedding and compaction, restoration of pavement and concrete surfaces, off-haul and disposal of all excess material, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. Bid Item 9 Pull Boxes The contract price measured and paid on a per each basis for Bid Item No. 9, shall constitute the full compensation for furnishing all labor, materials, tools, and equipment to furnish and install conduit pull boxes, including, but is not limited to, verifying and confirming location of existing utilities prior to excavation, saw cutting pavement and curb and gutter, trenching, excavation, hand digging and/or vacuum excavating carefully around existing underground utilities, temporary support for utilities crossings, preparation of subgrade, placement of bedding and compaction, installing of pull boxes, connecting conduit, backfill and compaction, restoration of pavement and concrete surfaces, off-haul and disposal of all excess material, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. Bid Item 10 AC Pavement The contract price measured and paid on per ton basis for Bid Item No. 10, shall constitute the full compensation for furnishing all labor, materials, tools, and equipment to furnish and install all paved surfaces including sawcutting, asphalt pavement, placement of AC pavement in a phased manner not to disrupt traffic to and from service center, pavement markings and striping at least to the condition existing prior to the beginning of work or to a better condition or as directed by the City, adjusting to grade all existing utility structure rims, off-haul and disposal of all excess material, and all incidentals, dig out repairs on Service Center grounds as directed by the City, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. Service Center Security Gate Project 2021 Form MEASUREMENT AND PAYMENT 2023-103 Page 14 Bid Item 11 Class II Aggregate Base The contract price measured and paid on per ton basis for Bid Item No. 11, shall constitute the full compensation for furnishing all labor, materials, tools, and equipment to furnish and install Class II aggregate base including furnishing and placement of Class II AB in a phased manner not to disrupt traffic to and from service center compaction of aggregate base and subgrade, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. Bid Item 12 Security Gate and Side Fencing The contract lump-sum price paid for Bid Item No. 12, shall constitute the full compensation for furnishing all labor, materials, tools, and equipment to furnish and install new security gate and side fencing, concrete foundations for new gate and side fencing, motors, gate operator, long range reader/photo beam, call box with light to illuminate area, photo eye, loops, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. Bid Item 13 Communication and Electrical Wiring The contract lump-sum price paid for Bid Item No. 13, shall constitute the full compensation for furnishing all labor, materials, tools, and equipment to furnish and install new electrical wiring, breakers, communication wires/cables, communication wiring/cable through building to panel, all connections to electrical and communication panels to provide fulling functioning gate and communication, coordination with City staff, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City to provide a fully functioning motor controlled gate with communications. END OF MEASUREMENT AND PAYMENT Service Center Security Gate Project 2021 Form SUBCONTRACTOR LIST 2023-103 Page 15 Subcontractor List For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Contract Price,1 the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. DESCRIPTION OF WORK SUBCONTRACTOR NAME CALIFORNIA CONTRACTOR LICENSE NO. LOCATION OF BUSINESS DIR REG. NO. PERCENT OF WORK END OF SUBCONTRACTOR LIST 1 For street or highway construction this requirement applies to any subcontract of $10,000 or more. Service Center Security Gate Project 2021 Form BID BOND 2023-103 Page 16 Noncollusion Declaration TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the __________________________ [title] of _____________________________________ [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.C § 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________________________ [city], _______ [state]. s/________________________________________ __________________________________________ Name [print] END OF NONCOLLUSION DECLARATION Service Center Security Gate Project 2021 Form BIDDER’S QUESTIONNAIRE 2023-103 Page 19 Bidder’s Questionnaire SERVICE CENTER SECURITY GATE PROJECT Within 48 hours following a request by City, a bidder must submit to City a completed, signed Bidder’s Questionnaire using this form and all required attachments, including clearly labeled additional sheets as needed. City may request the Questionnaire from one or more of the apparent low bidders following the bid opening, and may use the completed Questionnaire as part of its investigation to evaluate a bidder’s qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid. Part A: General Information Bidder Business Name: _______________________________________________ (“Bidder”) Check One: ___ Corporation (State of incorporation: ___________________) ___ Partnership ___ Sole Proprietorship ___ Joint Venture of: __________________________________ ___ Other: ___________________________________________ Main Office Address and Phone: ______________________________________ ________________________________________________________________ Local Office Address and Phone: _____________________________________ ________________________________________________________________ Website address: __________________________________________________ Owner of Business: ________________________________________________ Contact Name and Title: _____________________________________________ Contact Phone and Email: ___________________________________________ Bidder’s California Contractor’s License Number(s): _______________________ Bidder’s DIR Registration Number: ____________________________________ Part B: Bidder Experience 1. How many years has Bidder been in business under its present business name? ____ years 2. Has Bidder completed projects similar in type and size to this Project as a general contractor? _____ Yes _____ No 3. Has Bidder ever been disqualified from a bid on grounds that it is not responsible, or otherwise disqualified or disbarred from bidding under state or federal law? Service Center Security Gate Project 2021 Form BIDDER’S QUESTIONNAIRE 2023-103 Page 20 _____ Yes _____ No If yes, provide additional information on a separate sheet regarding the disqualification or disbarment, including the name and address of the agency or owner of the project, the type and size of the project, the reasons that Bidder was disqualified or disbarred, and the month and year in which the disqualification or disbarment occurred. 4. Has Bidder ever been terminated for cause, alleged default, or legal violation from a construction project, either as a general contractor or as a subcontractor? _____ Yes _____ No If yes, provide additional information on a separate sheet regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred. 5. Provide information about Bidder’s past projects performed as general contractor as follows: 5.1 Five most recently completed public works projects within the last three years; 5.2 Three largest completed projects within the last three years; and 5.3 Any project which is similar to this Project including scope and character of the work. 6. Use separate sheets to provide all of the following information for each project identified in response to the above three categories: 6.1 Project name, location, and description; 6.2 Owner (name, address, email, and phone number); 6.3 Prime contractor, if applicable (name, address, email, and phone number); 6.4 Architect or engineer (name, email, and phone number); 6.5 Project and/or construction manager (name, email, and phone number); 6.6 Scope of work performed (as general or as subcontractor); 6.7 Initial contract price and final contract price (including change orders); 6.8 Original scheduled completion date and actual date of completion; 6.9 Time extensions granted (number of days); 6.10 Number and amount of stop notices or mechanic’s liens filed; 6.11 Amount of any liquidated damages assessed against Bidder; and 6.12 Nature and resolution of any project-related claim, lawsuit, mediation, or arbitration involving Bidder. Part C: Safety 1. Provide Bidder’s Experience Modification Rate (EMR) for the last three years: Year EMR Service Center Security Gate Project 2021 Form BIDDER’S QUESTIONNAIRE 2023-103 Page 21 2. Complete the following, based on information provided in Bidder’s CalOSHA Form 300 or Form 300A, Annual Summary of Work-Related Illnesses and Injuries, from the most recent past calendar year: 2.1 Number of lost workday cases: ____ 2.2 Number of medical treatment cases: ____ 2.3 Number of deaths: ____ 3. Has Bidder ever been cited, fined, or prosecuted by any local, state, or federal agency, including OSHA, CalOSHA, or EPA, for violation of any law, regulation, or requirements pertaining to health and safety? _____ Yes _____ No If yes, provide additional information on a separate sheet regarding each such citation, fine, or prosecution, including the name and address of the agency or owner of the project, the type and size of the project, the reasons for and nature of the citation, fine, or prosecution, and the month and year in which the incident giving rise to the citation, fine, or prosecution occurred. 4. Name, title, and email for person responsible for Bidder’s safety program: _________________________________________ ______________________ Name Title Email Part D: Verification In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this Bidder’s Questionnaire on behalf of the named Bidder, and that all responses and information set forth in this Bidder’s Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: ______________________________ Date: ________________ By: _______________________________________________________________ Name and Title END OF BIDDER’S QUESTIONNAIRE 6.1 Project name, location, description: 2023 On-Call Sidewalk Repair, Various Locations, Removal & replacement of concrete sidewalk, driveways, curb & gutter, root pruning & all related items as shown on the plans. Owner: City of San Carlos, 600 Elm Street, San Carlos, CA 94070 Architect/Engineer: Evan Cai, (650)802-4196, ecai@cityofsancarlos.org Prime Contractor: VNH Builders, 842 Mahler Road, Burlingame, CA 94010 Bruno Vieira, (415)670-0661 Contract Price: $138,750 Completion Date: 2/18/2023 No Liquidated Damages assessed, no claim, no lawsuit, mediation or arbitration. 6.1 Project name, location, description: 2022 Supplemental Storm Drain Cleaning, 125 Valley Drive, Brisbane, CA 94005, Cleaning & removal of material from the City`s storm drain collection basin & proper transport & disposal to a certified landfill. Owner: City of Brisbane, 50 Park Place, Brisbane, CA 94005, (415)508-2130 Architect/Engineer: Diane Cannon, dcannon@brisbaneca.org Prime Contractor: VNH Builders, 842 Mahler Road, Burlingame, CA 94010 Bruno Vieira, (415)670-0661 Contract Price: $125,000 Completion Date: 1/5/2023 No Liquidated Damages assessed, no claim, no lawsuit, mediation or arbitration. 6.1 Project name, location, description: Concrete Replacement at Santa Clara High School, 3000 Benton St, Santa Clara, CA 95051, The project is described as demolition, removal, replacement, & expansion of existing concrete walkway, & installation of new curb & handrail. Owner: Santa Clara Unified School District Architect/Engineer: Melissa Kersh, mkersh@scusd.net. Prime Contractor: VNH Builders, 842 Mahler Road, Burlingame, CA 94010 Bruno Vieira, (415)670-0661 Contract Price: $100,000 Completion Date: December 2021 5.1 Five most recently completed public works projects within the last three years; No Liquidated Damages assessed, no claim, no lawsuit, mediation or arbitration. 6.1 Project name, location, description: Alpine Park Playground Project, Intersection of Alpine Ave & Carolan Ave, The project includes demolition of existing play area & equipment & other site features, grading & drainage, installation of new play equipment, poured-in-place surfacing, site concrete work including paving, curbs & play area perimeter banding, unit paver patio, metal fencing & gates, site furnishings, park entry sign, soil preparation, irrigation, planting & maintenance. Owner: City of Burlingame, Architect/Engineer: Richard Holtz, (650)558-7300 / (650)558-7335 Prime Contractor: VNH Builders, 842 Mahler Road, Burlingame, CA 94010 Bruno Vieira, (415)670-0661 Contract Price: $373,313.56 Completion Date: March 2023 No Liquidated Damages assessed, no claim, no lawsuit, mediation or arbitration. 6.1 Project name, location, description: PTCO Employee Breakroom Project, 50 N. 4th St, San Jose, CA 95112, The project consists of remodeling of an existing employee breakroom including addition of a kitchenette & a commercial icemaker. Work includes relocating 2 fire sprinklers & retrofit of plumbing & electrical to accommodate the new kitchenette & a floor sink. Owner: City of San Jose, 200 E. Santa Clara St, Tower 5th Floor, San Jose, CA 95113, (408)535-8369 Architect/Engineer: Laura Wada, laura.wada@sanjoseca.gov Prime Contractor: VNH Builders, 842 Mahler Road, Burlingame, CA 94010 Bruno Vieira, (415)670-0661 Contract Price: $134,056 Completion Date: November 2021 No Liquidated Damages assessed, no claim, no lawsuit, mediation or arbitration. 5.3 Any project which is similar to this Project including scope and character of the work. May 16, 2023 May 16, 2023 Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 30 General Conditions Article 1 - Definitions Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day” or “working day.” Allowance means a specific amount that must be included in the Bid Proposal for a specified purpose. Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context. Change Order means a written document duly approved and executed by City, which changes the scope of Work, the Contract Price, or the Contract Time. City means the municipality which has entered into the Contract with Contractor for performance of the Work, acting through its City Council, officers, employees, City Engineer, and any other authorized representatives. City Engineer means the City Engineer for City and his or her authorized delegee(s). Claim means a separate demand by Contractor for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; or a written demand by Contractor objecting to the amount of Final Payment. Contract means the signed agreement between City and Contractor for performing the Work required for the Project, and all documents expressly incorporated therein. Contract Documents means, collectively, all of the documents listed as such in Section 2 of the Contract, including the Notice Inviting Bids; the Instructions to Bidders; addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Potential Award and Notice to Proceed; the payment and performance bonds; the General Conditions; the Special Conditions; the Project Plans and Specifications; any Change Orders; and any other documents which are clearly and unambiguously made part of the Contract Documents. The Contract Documents do not include documents provided “For Reference Only,” or documents that are intended solely to provide information regarding existing conditions. Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as may be amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, supplies or equipment following submission of the Bid Proposal. Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order. Contractor means the individual, partnership, corporation, or joint-venture that has signed the Contract with City to perform the Work. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 31 Day means a calendar day unless otherwise specified. Design Professional means the licensed individual(s) or firm(s) retained by City to provide architectural, engineering, or electrical engineering design services for the Project. If no Design Professional has been retained for this Project, any reference to Design Professional is deemed to refer to the Engineer. DIR means the California Department of Industrial Relations. Drawings has the same meaning as Plans. Engineer means the City Engineer for the City of Cupertino and his or her authorized delegees. Excusable Delay is defined in Section 5.3(B), Excusable Delay. Extra Work means new or unforeseen work added to the Project, as determined by the Engineer in his or her sole discretion, including Work that was not part of or incidental to the scope of the Work when the Contractor’s bid was submitted; Work that is substantially different from the Work as described in the Contract Documents at bid time; or Work that results from a substantially differing and unforeseeable condition. Final Completion means Contractor has fully completed all of the Work required by the Contract Documents to the City’s satisfaction, including all punch list items and any required commissioning or training, and has provided the City with all required submittals, including the instructions and manuals, product warranties, and as-built drawings. Final Payment means payment to Contractor of the unpaid Contract Price, including release of undisputed retention, less amounts withheld or deducted pursuant to the Contract Documents. Furnish means to purchase and deliver for the Project. Government Code Claim means a claim submitted pursuant to California Government Code § 900 et seq. Hazardous Materials means any substance or material identified now or in the future as hazardous under any Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws governing handling, disposal, or cleanup. Including, whether or not capitalized, means “including, but not limited to,” unless the context clearly requires otherwise. Inspector means the individual(s) or firm(s) retained or employed by City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all Laws. Install means to fix in place for materials, and to fix in place and connect for equipment. Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over any of the Work or any performance of the Work, including health and safety requirements. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 32 Non-Excusable Delay is defined in Section 5.3(D), Non-Excusable Delay. Plans means the City-provided plans, drawings, details, or graphical depictions of the Project requirements, but does not include Shop Drawings. Project means the public works project referenced in the Contract. Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer. Recoverable Costs is defined in Section 5.3(F), Recoverable Costs. Request for Information or RFI means Contractor’s written request for information about the Contract Documents, the Work or the Project, submitted to City in the manner and format specified by City. Section, when capitalized in these General Conditions, means a numbered section or subsection of the General Conditions, unless the context clearly indicates otherwise. Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of Contractor, and subject to City acceptance, which are intended to provide details for fabrication, installation, and the like, of items required by or shown in the Plans or Specifications. Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and that the Contractor is not qualified to selfperform. Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into the Contract by or on behalf of City, and does not include the Contract, General Conditions or Special Conditions. Subcontractor means an individual, partnership, corporation, or joint-venture retained by Contractor directly or indirectly through a subcontract to perform a specific portion of the Work. The term Subcontractor applies to subcontractors of all tiers, unless otherwise indicated by the context. A third party such as a utility performing related work on the Project is not a Subcontractor, even if Contractor must coordinate its Work with the third party. Technical Specifications has the same meaning as Specifications. Work means all of the construction and services necessary for or incidental to completing the Project in conformance with the requirements of the Contract Documents. Work Day or Working Day, whether or not capitalized, means a weekday when the City is open for business, and does not include holidays observed by the City. Note observance policy if the noted holidays below do not fall on a weekday. Holidays observed by the City and furlough days are: a. New Year’s Day, January 1; b. Martin Luther King Jr.’s Birthday, third Monday in January; Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 33 c. Lincoln’s Birthday, February 12; d. Presidents’ Day, third Monday in February; e. Memorial Day, last Monday in May; f. Juneteenth, July 19 g. Independence Day, July 4; h. Labor Day, first Monday in September; i. Veterans’ Day, November 11; j. Thanksgiving Day, as designated by the President; k. The Day following Thanksgiving Day; l. Christmas Day, December 25; m. City Closure, December 24, 26, 27,28,29,30 and 31: and n. Each day appointed by the Governor of California and formally recognized by the Santa Clara County Board of Supervisors as a day of mourning, thanksgiving, or special observance. Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging, storage, or fabrication. Article 2 - Roles and Responsibilities 2.1 City. (A) City Council. The City Council has final authority in all matters affecting the Project, except to the extent it has delegated authority to the Engineer. (B) Engineer. The Engineer, acting within the authority conferred by the City Council, is responsible for administration of the Project on behalf of City, including authority to provide directions to the Design Professional and to Contractor to ensure proper and timely completion of the Project. The Engineer’s decisions are final and conclusive within the scope of his or her authority, including interpretation of the Contract Documents. (C) Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the Contractor and will serve as City’s representative for daily administration of the Project on behalf of City. Unless otherwise specified, all of Contractor’s communications to City (in any form) will go to or through the Project Manager. City reserves the right to reassign the Project Manager role at any time or to delegate duties to additional City representatives, without prior notice to or consent of Contractor. (D) Design Professional. The Design Professional is responsible for the overall design of the Project and, to the extent authorized by City, may act on City’s behalf to ensure performance of the Work in compliance with the Plans and Specifications, including any design changes authorized by Change Order. The Design Professional’s duties may include review of Contractor’s submittals, visits to any Worksite, inspecting the Work, evaluating test and inspection results, and participation in Project-related meetings, including any pre-construction conference, weekly meetings, and coordination Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 34 meetings. The Design Professional’s interpretation of the Plans or Specifications is final and conclusive. 2.2 Contractor. (A) General. Contractor must provide all labor, materials, supplies, equipment, services, and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economical and efficient manner in the best interests of City, and with minimal inconvenience to the public. (B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichever is later, Contractor bears all risks of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism or theft. (C) Project Administration. Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents. Before starting the Work, Contractor must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative. (D) On-Site Superintendent. Contractor must, at all times during performance of the Work, provide a qualified and competent full-time superintendent acceptable to City, and assistants as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. The superintendent must have full authority to act and communicate on behalf of Contractor, and Contractor will be bound by the superintendent’s communications to City. City’s approval of the superintendent is required before the Work commences. If City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at Contractor’s sole expense and with no extension of Contract Time, until an approved superintendent is physically present to supervise the Work. Contractor must provide written notice to City, as soon as practicable, before replacing the superintendent. (E) Standards. Contractor must, at all times, ensure that the Work is performed in an efficient, skillful manner following best practices and in full compliance with the Contract Documents and Laws and applicable manufacturer’s recommendations. Contractor has a material and ongoing obligation to provide true and complete information, to the best of its knowledge, with respect to all records, documents, or Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 35 communications pertaining to the Project, including oral or written reports, statements, certifications, Change Order requests, or Claims. (F) Meetings. Contractor, its project manager, superintendent and any primary Subcontractors requested by City, must attend a pre-construction conference, if requested by City, as well as weekly Project progress meetings scheduled with City. If applicable, Contractor may also be required to participate in coordination meetings with other parties relating to other work being performed on or near the Project site or in relation to the Project, including work or activities performed by City, other contractors, or other utility owners. (G) Construction Records. Contractor will maintain up-to-date, thorough, legible, and dated daily job reports, which document all significant activity on the Project for each day that Work is performed on the Project. The daily report for each day must include the number of workers at the Project site; primary Work activities; major deliveries; problems encountered, including injuries, if any; weather and site conditions; and delays, if any. Contractor will take date and time-stamped photographs to document general progress of the Project, including site conditions prior to construction activities, before and after photographs at offset trench laterals, existing improvements and utilities, damage and restoration. Contractor will maintain copies of all subcontracts, Project-related correspondence with subcontractors, and records of meetings with Subcontractors. Upon request by the City, Contractor will permit review of and/or provide copies of any of these construction records. (H) Responsible Party. Contractor is solely responsible to City for the acts or omissions of any Subcontractors, or any other party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of Contractor or the Subcontractors. Upon City’s written request, Contractor must promptly and permanently remove from the Project, at no cost to City, any employee or Subcontractor or employee of a Subcontractor who the Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents. (I) Correction of Defects. Contractor must promptly correct, at Contractor’s sole expense, any Work that is determined by City to be deficient or defective in any way, including workmanship, materials, parts or equipment. Workmanship, materials, parts or equipment that do not conform to the requirements under the Plans, Specifications and every other Contract Document, as determined by City, will be considered defective and subject to rejection. Contractor must also promptly correct, at Contractor’s sole expense, any Work performed beyond the lines and grades shown on the Plans or established by City, and any Extra Work performed without City’s prior written approval. If Contractor fails to correct or to take reasonable steps toward correcting defective Work within five days following notice from City, or within the time specified in City’s notice to correct, City may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Contract Price. If City elects to correct defective Work due to Contractor’s failure or refusal to do so, City or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Worksite on City property, in order to effectuate the correction, at no extra cost to City. Contractor’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances. Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 36 Contractor. This paragraph applies to any defective Work performed by Contractor during the one-year warranty period under Section 11.2. (J) Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos, electronic records, approved samples, and the construction records required pursuant to paragraph (G), above. Project records subject to this provision include complete Project cost records and records relating to preparation of Contractor’s bid, including estimates, take-offs, and price quotes or bids. (1) Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost. (2) Contractor must continue to maintain its Project-related records in an organized manner for a period of five years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, City is entitled to inspect or audit any of Contractor’s Project records relating to the Project or to investigate Contractor’s plant or equipment during Contractor’s normal business hours. The record-keeping requirements set forth in this subsection 2.2(J) will survive expiration or termination of the Contract. (K) Copies of Project Documents. Contractor and its Subcontractors must keep copies, at the Project site, of all Work-related documents, including the Contract, permit(s), Plans, Specifications, Addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, as-built drawings, schedules, daily records, testing and inspection reports or results, and any related written interpretations. These documents must be available to City for reference at all times during construction of the Project. 2.3 Subcontractors. (A) General. All Work which is not performed by Contractor with its own forces must be performed by Subcontractors. City reserves the right to approve or reject any and all Subcontractors proposed to perform the Work, for reasons including the subcontractor’s poor reputation, lack of relevant experience, financial instability, and lack of technical ability or adequate trained workforce. Each Subcontractor must obtain a City business license before performing any Work. (B) Contractual Obligations. Contractor must require each Subcontractor to comply with the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, including the generally applicable terms of the Contract Documents, and to likewise bind their subcontractors. Contractor will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 37 the Project, will be assigned to City. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor. (C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to City, subject to the prior rights of any surety, but only if and to the extent that City accepts, in writing, the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement. (D) Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under Public Contract Code § 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and any increased subcontract cost to perform the Work that was to be performed by the listed Subcontractor. If City determines that a Subcontractor is unacceptable to City based on the Subcontractor’s failure to satisfactorily perform its Work, or for any of the grounds for substitution listed in Public Contract Code § 4107(a), City may request removal of the Subcontractor from the Project. Upon receipt of a written request from City to remove a Subcontractor pursuant to this paragraph, Contractor will immediately remove the Subcontractor from the Project and, at no further cost to City, will either (1) self-perform the remaining Work to the extent that Contractor is duly licensed and qualified to do so, or (2) substitute a Subcontractor that is acceptable to City, in compliance with Public Contract Code § 4107, as applicable. 2.4 Coordination of Work. (A) Concurrent Work. City reserves the right to perform, have performed, or permit performance of other work on or adjacent to the Project site while the Work is being performed for the Project. Contractor is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, including by any utility companies or agencies, and must avoid hindering, delaying, or interfering with the work of other contractors, individuals, or entities, and must ensure safe and reasonable site access and use as required or authorized by City. To the full extent permitted by law, Contractor must hold harmless and indemnify City against any and all claims arising from or related to Contractor’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or subcontractor. (B) Coordination. If Contractor’s Work will connect or interface with work performed by others, Contractor is responsible for independently measuring and visually inspecting such work to ensure a correct connection and interface. Contractor is responsible for any failure by Contractor or its Subcontractors to confirm measurements before proceeding with connecting Work. Before proceeding with any portion of the Work affected by the construction or operations of others, Contractor must give the Project Manager prompt written notification of any defects Contractor discovers which will prevent the proper execution of the Work. Failure to give notice of any known or reasonably discoverable defects will be deemed acknowledgement by Contractor that the work of others is not defective and will not prevent the proper execution of the Work. Contractor must also promptly notify City if work performed by others, including work or activities performed by City’s own forces, is operating to hinder, delay, or interfere with Contractor’s timely performance of the Work. City reserves the right to backcharge Contractor for any Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 38 additional costs incurred due to Contractor’s failure to comply with the requirements in this Section 2.4. 2.5 Submittals. Unless otherwise specified, Contractor must submit to the Engineer for review and acceptance, all schedules, Shop Drawings, samples, product data, and similar submittals required by the Contract Documents, or upon request by the Engineer. Unless otherwise specified, all submittals, including Requests for Information, are subject to the general provisions of this Section, as well as specific submittal requirements that may be included elsewhere in the Contract Documents, including the Special Conditions or Specifications. The Engineer may require submission of a submittal schedule at or before a pre-construction conference, as may be specified in the Notice to Proceed. (A) General. Contractor is responsible for ensuring that its submittals are accurate and conform to the Contract Documents. (B) Time and Manner of Submission. Contractor must ensure that its submittals are prepared and delivered in a manner consistent with the current City-accepted schedule for the Work and within the applicable time specified in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project. (C) Required Contents. Each submittal must include the Project name and contract number, Contractor’s name and address, the name and address of any Subcontractor or supplier involved with the submittal, the date, and references to applicable Specification section(s) and/or drawing and detail number(s). (D) Required Corrections. If corrections are required, Contractor must promptly make and submit any required corrections as specified in full conformance with the requirements of this Section, or other requirements that apply to that submittal. (E) Effect of Review and Acceptance. Review and acceptance of a submittal by City will not relieve Contractor from complying with the requirements of the Contract Documents. Contractor is responsible for any errors in any submittal, and review or acceptance of a submittal by City is not an assumption of risk or liability by City. (F) Enforcement. Any Work performed or any material furnished, installed, fabricated or used without City’s prior acceptance of a required submittal is performed or provided at Contractor’s risk, and Contractor may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of the Work or material, and the cost of additional time or services required of City, including costs for the Design Professional, Project Manager, or Inspector. (G) Excessive RFIs. A RFI will be considered excessive or unnecessary if City determines that the explanation or response to the RFI is clearly and unambiguously discernable from the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to Contractor. 2.6 Shop Drawings. When Shop Drawings are required by the Specifications or requested by the Engineer, they must be prepared according to best practices at Contractor’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 39 details. Unless otherwise specified by City, Shop Drawings must be provided to the Engineer for review and acceptance at least 30 days before the Work will be performed. If City requires changes, the corrected Shop Drawings must be resubmitted to the Engineer for review within the time specified by the Engineer. For all Project components requiring Shop Drawings, Contractor will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. Contractor is responsible for any errors or omissions in the Shop Drawings, shop fits and field corrections; any deviations from the Contract Documents; and for the results obtained by the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve Contractor of Contractor’s responsibility. 2.7 Access to Work. Contractor must afford prompt and safe access to any Worksite by City and its employees, agents, or consultants authorized by City; and upon request by City, Contractor must promptly arrange for City representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work. 2.8 Personnel. Contractor and its Subcontractors must employ only competent and skillful personnel to perform the Work. Contractor and its Subcontractor’s supervisors, security or safety personnel, and employees who have unescorted access to the Project site must possess proficiency in English sufficient to read, understand, receive, and implement oral or written communications or instructions relating to their respective job functions, including safety and security requirements. Upon written notification from the Engineer, Contractor and its Subcontractors must immediately discharge any personnel who are incompetent, disorderly, disruptive, threatening, abusive, or profane, or otherwise refuse or fail to comply with the requirements of the Contract Documents or Laws, including Laws pertaining to health and safety. Any such discharged personnel may not be reemployed or permitted on the Project in any capacity without City’s prior written consent. Article 3 - Contract Documents 3.1 Interpretation of Contract Documents. (A) Plans and Specifications. The Plans and Specifications included in the Contract Documents are complementary. If Work is shown on one but not on the other, Contractor must perform the Work as though fully described on both, consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The Plans and Specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned or shown. Contractor must perform all Work and services and supply all things reasonably related to and inferable from the Contract Documents. In the event of a conflict between the Plans and Specifications, the Specifications will control, unless the drawing(s) at issue are dated later than the Specification(s) at issue. Detailed drawings take precedence over general drawings, and large-scale drawings take precedence over smaller scale drawings. Any arrangement or division of the Plans and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Plans or Specifications is only a recommendation. Actual locations and depths must be determined by Contractor’s field investigation. Contractor may request access to underlying or background information in City’s possession that is necessary for Contractor to form its own conclusions. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 40 (B) Duty to Notify and Seek Direction. If Contractor becomes aware of a changed condition in the Project, or of any ambiguity, conflict, inconsistency, discrepancy, omission, or error in the Contract Documents, including the Plans or Specifications, Contractor must promptly submit a Request for Information to the Engineer and wait for a response from City before proceeding further with the related Work. The RFI must notify City of the issue and request clarification, interpretation or direction. The Engineer’s clarification, interpretation or direction will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining City’s response, Contractor will be responsible for any resulting costs, including the cost of correcting any incorrect or defective Work that results. Timely submission of a clear and complete RFI is essential to avoiding delay. Delay resulting from Contractor’s failure to submit a timely and complete RFI to the Engineer is Non-Excusable Delay. If Contractor believes that City’s response to an RFI justifies a change to the Contract Price or Contract Time, Contractor must perform the Work as directed, but may submit a timely Change Order request in accordance with the Contract Documents. (See Article 5 and 6.) (C) Figures and Dimensions. Figures control over scaled dimensions. (D) Technical or Trade Terms. Any terms that have well-known technical or trade meanings will be interpreted in accordance with those meanings, unless otherwise specifically defined in the Contract Documents. (E) Measurements. Contractor must verify all relevant measurements in the Contract Documents and at the Project site before ordering any material or performing any Work, and will be responsible for the correctness of those measurements or for costs that could have been avoided by independently verifying measurements. (F) Compliance with Laws. The Contract Documents are intended to comply with Laws and will be interpreted to comply with Laws. 3.2 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. Unless otherwise specified in the Special Conditions, in case of any conflict or inconsistency among the Contract Documents, the following order of precedence will apply, beginning from highest to lowest, with the most recent version taking precedent over an earlier version: (A) Change Orders; (B) Addenda; (C) Contract; (D) Notice to Proceed; (E) Attachment B – Federal Contract Requirements (only if used); (F) Special Conditions; (G) General Conditions; (H) Payment and Performance Bonds; (I) Specifications; (J) Plans; (K) Notice of Potential Award; (L) Notice Inviting Bids; (M) Attachment A – Federal Bidding Requirements (only if used); (N) Instructions to Bidders; (O) Contractor’s Bid Proposal and attachments; Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 41 (P) the City’s standard specifications, as applicable; and (Q) Any generic documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Caltrans Special Provisions. 3.3 Caltrans Standard Specifications. Any reference to or incorporation of the Standard Specifications of the State of California, Department of Transportation (“Caltrans”), including “Standard Specifications,” “Caltrans Specifications,” “State Specifications,” or “CSS,” means the most current edition of Caltrans’ Standard Specifications, unless otherwise specified (“Caltrans Standard Specifications”), including the most current amendments as of the date that Contractor’s bid was submitted for this Project. The following provisions apply to use of or reference to the Caltrans Standard Specifications or Special Provisions: (A) Limitations. The “General Provisions” of the Caltrans Standard Specifications, i.e., sections 1 through 9, do not apply to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents. (B) Conflicts or Inconsistencies. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications or Special Provisions and a provision of these Contract Documents, as determined by City, the provision in the Contract Documents will govern. (C) Meanings. Terms used in the Caltrans Standard Specifications or Special Provisions are to be interpreted as follows: (1) Any reference to the “Engineer” is deemed to mean the City Engineer. (2) Any reference to the “Special Provisions” is deemed to mean the Special Conditions, unless the Caltrans Special Provisions are expressly included in the Contract Documents listed in Section 2 of the Contract. (3) Any reference to the “Department” or “State” is deemed to mean City. 3.4 For Reference Only. Contractor is responsible for the careful review of any document, study, or report provided by City or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. Contractor is advised that City or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. Any record drawings or similar final or accepted drawings or maps that are not part of the Contract Documents are deemed to be For Reference Only. The provisions of the Contract Documents are not modified by any perceived or actual conflict with provisions in any document that is provided For Reference Only. 3.5 Current Versions. Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code or regulation in effect at the time the Contract is signed. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 42 3.6 Conformed Copies. If City prepares a conformed set of the Contract Documents following award of the Contract, it will provide Contractor with two hard copy (paper) sets and one copy of the electronic file in PDF format. It is Contractor’s responsibility to ensure that all Subcontractors, including fabricators, are provided with the conformed set of the Contract Documents at Contractor’s sole expense. 3.7 Ownership. No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession. Article 4 - Bonds, Indemnity, and Insurance 4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of Potential Award, Contractor is required to provide a payment bond and a performance bond, each in the penal sum of not less than 100% of the Contract Price, and each executed by Contractor and its surety using the bond forms included with the Contract Documents. (A) Surety. Each bond must be issued and executed by a surety admitted in California. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, Contractor must substitute a surety acceptable to City. If Contractor fails to substitute an acceptable surety within the specified time, City may, at its sole discretion, withhold payment from Contractor until the surety is replaced to City’s satisfaction, or terminate the Contract for default. (B) Supplemental Bonds for Increase in Contract Price. If the Contract Price increases during construction by five percent or more over the original Contract Price, Contractor must provide supplemental or replacement bonds within ten days of written notice from City pursuant to this Section, covering 100% of the increased Contract Price and using the bond forms included with the Contract Documents. 4.2 Indemnity. To the fullest extent permitted by law, Contractor must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers, and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs, and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in bidding or performing the Work or in failing to comply with any obligation of Contractor under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract. Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. Contractor waives any right to express or implied indemnity against any Indemnitee. Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 43 4.3 Insurance. No later than ten days following issuance of the Notice of Potential Award, Contractor must procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Contractor and its Subcontractors relating to or arising from the performance of the Work, and must remain in full force and effect at all times during the period covered by the Contract, through the date of City’s acceptance of the Project. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Contractor fails to provide any of the required coverage in full compliance with the requirements of the Contract Documents, City may, at its sole discretion, purchase such coverage at Contractor’s expense and deduct the cost from payments due to Contractor, or terminate the Contract for default. The procurement of the required insurance will not be construed to limit Contractor’s liability under this Contract or to fulfill Contractor’s indemnification obligations under this Contract. (A) Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in the Special Conditions: (1) Commercial General Liability (“CGL”) Insurance: The CGL insurance policy must be issued on an occurrence basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor’s or its Subcontractor’s acts or omissions in the performance of the Work, including contractor’s protected coverage, contractual liability, products and completed operations, and broad form property damage, with limits of at least $2,000,000 per occurrence and at least $4,000,000 general aggregate. The CGL insurance coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Section, including required endorsements. (2) Automobile Liability Insurance: The automobile liability insurance policy must provide coverage of at least $2,000,000 combined single-limit per accident for bodily injury, death, or property damage, including hired and non-owned auto liability. (3) Workers’ Compensation Insurance and Employer’s Liability: The workers’ compensation and employer’s liability insurance policy must comply with the requirements of the California Labor Code, providing coverage of at least $1,000,000 or as otherwise required by the statute. If Contractor is self- insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR. (4) Pollution Liability Insurance: The pollution liability insurance policy must be issued on an occurrence basis, providing coverage of at least $2,000,000 for all loss arising out of claims for bodily injury, death, property damage, or environmental damage caused by pollution conditions resulting from the Work. (5) Builder’s Risk Insurance: The builder’s risk insurance policy must be issued on an occurrence basis, for all-risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 44 (B) Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to non-payment of premiums, in which case ten days written notice must be made to City. (C) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier will waive any right of subrogation it may have against City. (D) Required Endorsements. The CGL policy, automobile liability policy, pollution liability policy, and builder’s risk policy must include the following specific endorsements: (1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. The additional insured endorsement must be provided using ISO form CG 20 10 11 85 or an equivalent form approved by the City. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (3) The insurance provided by Contractor is primary and no insurance held or owned by any Additional Insured may be called upon to contribute to a loss. (4) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. (E) Contractor’s Responsibilities. This Section 4.3 establishes the minimum requirements for Contractor’s insurance coverage in relation to this Project, but is not intended to limit Contractor’s ability to procure additional or greater coverage. Contractor is responsible for its own risk assessment and needs and is encouraged to consult its insurance provider to determine what coverage it may wish to carry beyond the minimum requirements of this Section. Contractor is solely responsible for the cost of its insurance coverage, including premium payments, deductibles, or self-insured retentions, and no Additional Insured will be responsible or liable for any of the cost of Contractor’s insurance coverage. (F) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions that apply to the required insurance (collectively, “deductibles”) in excess of $100,000 are subject to approval by the City’s Risk Manager, acting in his or her sole discretion, and must be declared by Contractor when it submits its certificates of insurance and endorsements pursuant to this Section 4.3. If the City’s Risk Manager determines that the deductibles are unacceptably high, at City’s option, Contractor must either reduce or eliminate the deductibles as they apply to City and all required Additional Insured; or must provide a financial guarantee, to City’s satisfaction, guaranteeing payment of losses and related investigation, claim administration, and legal expenses. (G) Subcontractors. Contractor must ensure that each Subcontractor is required to maintain the same insurance coverage required under this Section 4.3, with respect to its performance of Work on the Project, including those requirements related to the Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 45 Additional Insureds and waiver of subrogation, but excluding pollution liability or builder’s risk insurance unless otherwise specified in the Special Conditions. A Subcontractor may be eligible for reduced insurance coverage or limits, but only to the extent approved in writing in advance by the City’s Risk Manager. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations. Article 5 - Contract Time 5.1 Time is of the Essence. Time is of the essence in Contractor’s performance and completion of the Work, and Contractor must diligently prosecute the Work and complete it within the Contract Time. (A) General. Contractor must commence the Work on the date indicated in the Notice to Proceed and must fully complete the Work in strict compliance with all requirements of the Contract Documents and within the Contract Time. Contractor may not begin performing the Work before the date specified in the Notice to Proceed. (B) Authorization. Contractor is not entitled to compensation or credit for any Work performed before the date specified in the Notice to Proceed, with the exception of any schedules, submittals, or other requirements, if any, that must be provided or performed before issuance of the Notice to Proceed. (C) Rate of Progress. Contractor and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If City determines that Contractor is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole discretion, direct Contractor to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to City, in order to achieve a rate of progress satisfactory to City. If Contractor fails to comply with City’s directive in this regard, City may, at Contractor’s expense, separately contract for additional workers, materials, or equipment or use City’s own forces to achieve the necessary rate of progress. Alternatively, City may terminate the Contract based on Contractor’s default. 5.2 Schedule Requirements. Contractor must prepare all schedules using standard, commercial scheduling software acceptable to the Engineer, and must provide the schedules in electronic and paper form as requested by the Engineer. In addition to the general scheduling requirements set forth below, Contractor must also comply with any scheduling requirements included in the Special Conditions or in the Technical Specifications. (A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s issuance of the Notice to Proceed (or as otherwise specified in the Notice to Proceed), Contractor must submit to City for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how Contractor plans to perform and fully complete the Work within the Contract Time, including labor, equipment, materials and fabricated items. The baseline schedule must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 46 work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed, Contractor must order any specialized material or equipment for the Work that is not readily available from material suppliers. Contractor must also retain documentation of the purchase orders date(s). (B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. Contractor is solely responsible for resolving any exceptions noted in a schedule and, within seven days, must correct the schedule to address the exceptions. City’s review or acceptance of Contractor’s schedules will not operate to waive or limit Contractor’s duty to complete the Project within the Contract Time, nor to waive or limit City’s right to assess liquidated damages for Contractor’s unexcused failure to do so. (C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, Contractor must submit an updated progress schedule and three-week lookahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts to the critical path. Contractor must also submit periodic reports to City of any changes in the projected material or equipment delivery dates for the Project. (1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and may be allocated by the Engineer to best serve timely completion of the Project. (2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and cost-effective administration of the Project and timely completion. If Contractor fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has noted exceptions that are not corrected, City may withhold up to ten percent from payment(s) otherwise due to Contractor until the exceptions are resolved, the schedule is corrected and resubmitted, and City has accepted the schedule. In addition, Contractor’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a material default and a waiver of any claims for Excusable Delay or loss of productivity arising during any period when Contractor is out of compliance, subject only to the limits of Public Contract Code § 7102. (D) Recovery Schedule. If City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, Contractor must submit a recovery schedule, showing how Contractor intends to perform and complete the Work within the Contract Time, based on actual progress to date. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 47 (E) Effect of Acceptance. Contractor and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City. City’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time. (F) Posting. Contractor must at all times prominently post a copy of the most current City-accepted progress or recovery schedule in its on-site office. (G) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease Contractor’s time or cost to perform the Work. (H) Authorized Working Days and Times. Contractor is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge Contractor for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services. 5.3 Delay and Extensions of Contract Time. (A) Notice of Delay. If Contractor becomes aware of any actual or potential delay affecting the critical path, Contractor must promptly notify the Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay. (B) Excusable Delay. The Contract Time may be extended if Contractor encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond Contractor’s control, and which Contractor could not have avoided or mitigated through reasonable care, planning, foresight, and diligence, provided that Contractor is otherwise fully performing its obligations under the Contract Documents. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13. The Contract Time will not be extended based on circumstances which will not unavoidably delay completing the Work within the Contract Time based on critical path analysis. (C) Weather Delays. A “Weather Delay Day” is a Working Day during which Contractor and its forces, including Subcontractors, are unable to perform more than 40% of the critical path Work scheduled for that day due to adverse weather conditions which impair the ability to safely or effectively perform the scheduled critical path Work that day. Adverse weather conditions may include rain, saturated soil, and Project site clean-up required due to adverse weather. Determination of what constitutes critical path Work scheduled Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 48 for that day will be based on the most current, City-approved schedule. Contractor will be entitled to a non-compensable extension of the Contract Time for each Weather Delay Day in excess of the normal Weather Delay Days within a given month as determined by reliable records, including monthly rainfall averages, for the preceding ten years (or as otherwise specified in the Special Conditions or Specifications). (1) Based on historic records for the Project location from the Western Regional Climate Center, Contractor’s schedule should assume the following number of normal Weather Delay Days and precipitation for each month: Month # Normal Weather Precipitation Delay Days January 6 2.86 February 6 2.66 March 6 2.29 April 3 1.20 May 1 0.44 June 0 0.10 July 0 0.02 August 0 0.07 September 1 0.19 October 2 0.76 November 4 1.51 December 5 2.43 Total 34 14.53 (2) Contractor must fully comply with the applicable procedures in Articles 5 and 6 of the General Conditions regarding requests to modify the Contract Time. (3) Contractor will not be entitled to an extension of time for a Weather Delay Day to the extent Contractor is responsible for concurrent delay on that day. (4) Contractor must take reasonable steps to mitigate the consequences of Weather Delay Days, including prudent workforce management and protecting the Work, Project Site, materials, and equipment. (D) Non-Excusable Delay. Delay which Contractor could have avoided or mitigated through reasonable care, planning, foresight and diligence is “Non-Excusable Delay.” Contractor is not entitled to an extension of Contract Time or any compensation for NonExcusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay. Non-Excusable Delay includes delay caused by: (1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years; (2) Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for completion of the Work within the Contract Time; Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 49 (3) Contractor’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for completion of the Work within the Contract Time; (4) foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to Contractor; (5) Contractor’s failure, refusal, or financial inability to perform the Work within the Contract Time, including insufficient funds to pay its Subcontractors or suppliers; (6) performance or non-performance by Contractor’s Subcontractors or suppliers; (7) the time required to respond to excessive RFIs (see Section 2.5(G)); (8) delayed submission of required submittals, or the time required for correction and resubmission of defective submittals; (9) time required for repair of, re-testing, or re-inspection of defective Work; (10) enforcement of Laws by City, or outside agencies with jurisdiction over the Work; or (11) City’s exercise or enforcement of any of its rights or Contractor’s duties pursuant to the Contract Documents, including correction of defective Work, extra inspections or testing due to non-compliance with Contract requirements, safety compliance, environmental compliance, or rejection and return of defective or deficient submittals. (E) Compensable Delay. Pursuant to Public Contract Code § 7102, in addition to entitlement to an extension of Contract Time, Contractor is entitled to compensation for costs incurred due to delay caused solely by City, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). Contractor is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay. Delay due to causes that are beyond the control of either City or Contractor, including Weather Delay Days, discovery of Historic or Archeological Items pursuant to Section 7.18, or the actions or inactions of third parties or other agencies, is not Compensable Delay, and will only entitle Contractor to an extension of time commensurate with the time lost due to such delay. (F) Recoverable Costs. Contractor is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. Contractor is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents Contractor from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent progress schedule accepted by City. Recoverable Costs will not include home office overhead or lost profit. (G) Request for Extension of Contract Time or Recoverable Costs. A request for an extension of Contract Time or any associated Recoverable Costs must be Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 50 submitted in writing to City within ten calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or any entitlement to the Contract Time extension or to the Recoverable Costs will be deemed waived. In addition to complying with the requirements of this Article 5, the request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate costefficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived. (1) Required Contents. The request must include a detailed description of the cause(s) of the delay and must also describe the measures that Contractor has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include Contractor’s plan for continued mitigation of the delay or its effects. (2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed or provide a realistic estimate if the duration of the delay is not yet known. If Contractor believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay. Contractor is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to City. (4) Burden of Proof. Contractor has the burden of proving that: the delay was an Excusable or Compensable Delay, as defined above; Contractor has fully complied with its scheduling obligations in Section 5.2, Schedule Requirements; Contractor has made reasonable efforts to mitigate the delay and its schedule and cost impacts; the delay will unavoidably result in delaying Final Completion; and any Recoverable Costs claimed by Contractor were actually incurred and were reasonable under the circumstances. (5) Legal Compliance. Nothing in this Section 5.3 is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code § 7102. (6) No Waiver. Any grant of an extension of Contract Time, or compensation for Recoverable Costs due to Compensable Delay, will not Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 51 operate as a waiver of City’s right to assess liquidated damages for Non- Excusable Delay. (7) Dispute Resolution. In the event of a dispute over entitlement to an extension of Contract Time or compensation for Recoverable Costs, Contractor may not stop Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. Contractor’s sole recourse for an unresolved dispute based on City’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the dispute resolution provisions set forth in Article 12 below. 5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code § 7203, if Contractor fails to achieve Final Completion within the Contract Time, City will charge Contractor in the amount specified in the Contract for each day that Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty. Any waiver of accrued liquidated damages, in whole or in part, is subject to approval of the City Council or its authorized delegee. (A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable or Compensable Delay, as set forth above. (B) Milestones. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents. (C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to Contractor, including progress payments, Final Payment, or unreleased retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, City is entitled to recover the balance from Contractor or its performance bond surety. (D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of the Project and will not operate as a waiver of City’s right to assess liquidated damages for Contractor’s Non-Excusable Delay in achieving Final Completion. (E) Other Remedies. City’s right to liquidated damages under this Section applies only to damages arising from Contractor’s Non-Excusable Delay or failure to complete the Work within the Contract Time. City retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, costs or diminution in value from defective materials or workmanship, costs to repair or complete the Work, or other liability caused by Contractor. Article 6 - Contract Modification 6.1 Contract Modification. Subject to the limited exception set forth in subsection (D) below, any change in the Work or the Contract Documents, including the Contract Price or Contract Time, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, including a “no-cost” Change Order or a unilateral Change Order. Changes in the Work pursuant to this Article 6 will not operate to release, limit, or Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 52 abridge Contractor’s warranty obligations pursuant to Article 11 or any obligations of Contractor’s bond sureties. (A) City-Directed Changes. City may direct changes in the scope or sequence of Work or the requirements of the Contract Documents, without invalidating the Contract. Such changes may include Extra Work as set forth in subsection (C) below, or deletion or modification of portions of the Work. Contractor must promptly comply with City-directed changes in the Work in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement as to adjustments to the Contract Price or Contract Time for the change in the Work or for the Extra Work. Contractor is not entitled to extra compensation for cost savings resulting from “value engineering” pursuant to Public Contract Code § 7101, except to the extent authorized in advance by City in writing, and subject to any applicable procedural requirements for submitting a proposal for value engineering cost savings. (B) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City-directed change in the Work, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. Likewise, in the event that City and Contractor dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute Extra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute, as directed by City. If Contractor refuses to perform the Work in dispute, City may, acting in its sole discretion, elect to delete the Work from the Contract and reduce the Contract Price accordingly, and self-perform the Work or direct that the Work be performed by others. Alternatively, City may elect to terminate the Contract for convenience or for cause. Contractor’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below. (C) Extra Work. City may direct Contractor to perform Extra Work related to the Project. Contractor must promptly perform any Extra Work as directed or authorized by City in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra Work. If Contractor believes it is necessary to perform Extra Work due to changed conditions, Contractor must promptly notify the Engineer in writing, specifically identifying the Extra Work and the reason(s) the Contractor believes it is Extra Work. This notification requirement does not constitute a Change Order request pursuant to Section 6.2, below. Contractor must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that Contractor performs Extra Work, or Work that Contractor contends is Extra Work, Contractor must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The Engineer will make any adjustments to Contractor’s Extra Work Report(s) based on the Engineer’s records of the Work. When an Extra Work Report(s) is agreed on and signed by both City and Contractor, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 53 close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day. (D) Minor Changes and RFIs. Minor field changes, including RFI replies from City, that do not affect the Contract Price or Contract Time and that are approved by the Engineer acting within his or her scope of authority, do not require a Change Order. By executing an RFI reply from City, Contractor agrees that it will perform the Work as clarified therein, with no change to the Contract Price or Contract Time. (E) Remedy for Non-Compliance. Contractor’s failure to promptly comply with a City-directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct the cost from the Contract Price. 6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for a change in the Work, compensation for Extra Work, or a change in the Contract Price or Contract Time as a written Change Order request or proposal. (A) Time for Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Engineer within ten calendar days of the date that Contractor first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If City requests that Contractor propose the terms of a Change Order, unless otherwise specified in City’s request, Contractor must provide the Engineer with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving City’s request, in a form satisfactory to the Engineer. (B) Required Contents. Any Change Order request or proposal submitted by Contractor must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amounts, and, if applicable, Extra Work Reports. Any estimated cost must be updated in writing as soon as the actual amount is known. (C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions. Upon request, Contractor must permit City to inspect its original and unaltered bidding records, subcontract agreements, subcontract change orders, purchase orders, invoices, or receipts associated with the claimed costs. (D) Required Form. Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. (E) Certification. All Change Order requests must be signed by Contractor and must include the following certification: “The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Contractor warrants that this Change Order request is comprehensive and complete as to the Work or changes referenced herein, and agrees that any known or foreseeable costs, expenses, or time extension requests not included herein, are deemed waived.” Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 54 6.3 Adjustments to Contract Price. The amount of any increase or decrease in the Contract Price will be determined based on one of the following methods listed below, in the order listed with unit pricing taking precedence over the other methods. Markup applies only to City-authorized time and material Work, and does not apply to any other payments to Contractor. For Work items or components that are deleted in their entirety, Contractor will only be entitled to compensation for those direct, actual, and documented costs (including restocking fees), reasonably incurred before Contractor was notified of the City’s intent to delete the Work, with no markup for overhead, profit, or other indirect costs. (A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or in a post-award schedule of values pursuant to Section 8.1, Schedule of Values, will apply to determine the price for the affected Work, to the extent applicable unit prices have been provided for that type of Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation. (B) Lump Sum. A mutually agreed upon, all-inclusive lump sum price for the affected Work with no additional markup for overhead, profit, or other indirect costs. (C) Time and Materials. On a time and materials basis, if and only to the extent compensation on a time and materials basis is expressly authorized by City in advance of Contractor’s performance of the Work and subject to any not-to-exceed limit. Time and materials compensation for increased costs or Extra Work (but not decreased costs or deleted Work), will include allowed markup for overhead, profit, and other indirect costs, and which may include a not-to-exceed limit, calculated as the total of the following sums, the cumulative total of which may not exceed the maximum markup rate of 15%: (1) All direct labor costs provided by the Contractor, excluding superintendence, project management, or administrative costs, plus 15% markup; (2) All direct material costs provided by the Contractor, including sales tax, plus 15% markup; (3) All direct plant and equipment rental costs provided by the Contractor, plus 15% markup; (4) All direct additional subcontract costs plus 10% markup for Work performed by Subcontractors; and (5) Increased bond or insurance premium costs computed at 1.5% of total of the previous four sums. 6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that Contractor has requested, the value of deleted or changed Work, what constitutes Extra Work, or quantities used, City may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time for the adjustment to compensation or time that the City believes is merited. Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 55 6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to fully comply with the provisions of this Article. Contractor will not be paid for unauthorized Extra Work. Article 7 - General Construction Provisions 7.1 Permits, Fees, Business License, and Taxes. (A) Permits, Fees, and City Business License. Contractor must obtain and pay for all permits, fees, or licenses required to perform the Work, including a City business license. Contractor must cooperate with and provide notifications to all government agencies with jurisdiction over the Project, as may be required. Contractor must provide City with copies of all records of permits and permit applications, payment of required fees, and any licenses required for the Work. (B) Taxes. Contractor must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax. 7.2 Temporary Facilities. Contractor must provide, at Contractor’s sole expense, any and all temporary facilities for the Project, including an onsite staging area for materials and equipment, a field office, sanitary facilities, utilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any incidental utility services. The location of all temporary facilities must be approved by the City prior to installation. Temporary facilities must be safe and adequate for the intended use and installed and maintained in accordance with Laws and the Contract Documents. Contractor must fence and screen the Project site and, if applicable, any separate Worksites, including the staging area, and its operation must minimize inconvenience to neighboring properties. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. (A) Utilities. Contractor must install and maintain the power, water, sewer and all other utilities required for the Project site, including the piping, wiring, internet and wifi connections, and any related equipment necessary to maintain the temporary facilities. (B) Removal and Repair. Contractor must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. Contractor must promptly repair any damage to City’s property or to other property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition. 7.3 Noninterference and Site Management. Contractor must avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. Contractor must also minimize disruption of access to private property in the Project vicinity. Contractor must coordinate with affected property owners, tenants, and businesses, and maintain some vehicle and pedestrian access to their residences or properties at all times. Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, Contractor must provide effective notice to the affected parties at least 48 hours in advance of the pending closure and allow them to remove vehicles. Private driveways, residences and parking lots must have access to a roadway during non-Work hours. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 56 (A) Offsite Acquisition. Unless otherwise provided by City, Contractor must acquire, use and dispose of, at its sole expense, any additional Worksites, licenses, easements, and temporary facilities necessary to access and perform the Work. (B) Offsite Staging Area and Field Office. If additional space beyond the Project site is needed, such as for the staging area or the field office, Contractor may need to make arrangements with the nearby property owner(s) to secure the space. Before using or occupying any property owned by a third party, Contractor must provide City with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding City harmless from any related liability, in a form acceptable to the City Attorney. (C) Traffic Management. Contractor must provide traffic management and traffic controls as specified in the Contract Documents, as required by Laws, and as otherwise required to ensure the public and worker safety, and to avoid interference with public or private operations or the normal flow of vehicular, bicycle, or pedestrian traffic. 7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by Laws or by the Contract Documents, without City’s prior written approval as to size, design, and location. 7.5 Project Site and Nearby Property Protections. (A) General. Contractor is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work, the Project site, and the materials and equipment to be incorporated into the Work, until the City has accepted the Project, excluding any exceptions to acceptance, if any. Except as specifically authorized by City, Contractor must confine its operations to the area of the Project site indicated in the Plans and Specifications. Contractor is liable for any damage caused by Contractor or its Subcontractors to the Work, City’s property, the property of adjacent or nearby property owners and the work or personal property of other contractors working for City, including damage related to Contractor’s failure to adequately secure the Work or any Worksite. (1) Subject to City’s approval, Contractor will provide and install safeguards to protect the Work; any Worksite, including the Project site; City’s real or personal property and the real or personal property of adjacent or nearby property owners, including plant and tree protections. (2) City wastewater systems may not be interrupted. If the Work disrupts existing sewer facilities, Contractor must immediately notify City and establish a plan, subject to City’s approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill. (3) Contractor must remove with due care, and store at City’s request, any objects or material from the Project site that City will salvage or reuse at another location. (4) If directed by Engineer, Contractor must promptly repair or replace any property damage, as specified by the Engineer. However, acting in its sole Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 57 discretion, City may elect to have the property damage remedied otherwise, and may deduct the cost to repair or replace the damaged property from payment otherwise due to Contractor. (5) Contractor will not permit any structure or infrastructure to be loaded in a manner that will damage or endanger the integrity of the structure or infrastructure. (B) Securing Project Site. After completion of Work each day, Contractor must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless City approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. Contractor and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documents or pursuant to prior written authorization from City. (C) Unforeseen Conditions. If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Plans or apparent from inspection of the Project site, Contractor must immediately notify the City and promptly submit a Request for Information to obtain further directions from the Engineer. Contractor must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the Engineer. The Engineer’s written response will be final and binding on Contractor. If the Engineer’s subsequent direction to Contractor affects Contractor’s cost or time to perform the Work, Contractor may submit a Change Order request as set forth in Article 6 above. (D) Support; Adjacent Properties. Contractor must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to City’s property and adjacent properties and improvements thereon. Contractor must provide notifications to adjacent property owners as may be required by Laws. See also, Section 7.15, Trenching of Five Feet or More. (E) Notification of Property Damage. Contractor must immediately notify the City of damage to any real or personal property resulting from Work on the Project. Contractor must immediately provide a written report to City of any such property damage in excess of $500 (based on estimated cost to repair or replace) within 24 hours of the occurrence. The written report must include: (1) the location and nature of the damage, and the owner of the property, if known; (2) the name and address of each employee of Contractor or any Subcontractor involved in the damage; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with another government agency, Contractor will provide a copy of the report to City. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 58 7.6 Materials and Equipment. (A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. Contractor must employ measures to preserve the specified quality and fitness of the materials and equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation and must be installed in accordance with the manufacturer’s recommendations or instructions. Contractor is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work. Contractor is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at Contractor’s sole cost until City has formally accepted the Project as set forth in Section 11.1, Final Completion. Contractor will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered. (B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, Contractor is solely responsible for the proper examination, handling, storage, and installation in accordance with the Contract Documents. Contractor must notify City of any defects discovered in City-provided materials or equipment, sufficiently in advance of scheduled use or installation to afford adequate time to procure replacement materials or equipment as needed. Contractor is solely responsible for any loss of or damage to such items which occurs while the items are in Contractor’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to Contractor. (C) Intellectual Property Rights. Contractor must, at its sole expense, obtain any authorization or license required for use of patented or copyright-protected materials, equipment, devices or processes that are incorporated into the Work. Contractor’s indemnity obligations in Article 4 apply to any claimed violation of intellectual property rights in violation of this provision. 7.7 Substitutions. (A) “Or Equal.” Any Specification designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate the quality and type of item or service desired, and Contractor may request use of any equal item or service. Unless otherwise stated in the Specifications, any reference to a specific brand or trade name for an item that is used solely for the purpose of describing the type of item desired, will be deemed to be followed by the words “or equal.” A substitution will only be approved if it is a true “equal” item in every aspect of design, function, and quality, as determined by City, including dimensions, weight, maintenance requirements, durability, fit with other elements, and schedule impacts. (B) Request for Substitution. A post-award request for substitution of an item or service must be submitted in writing to the Engineer for approval in advance, within the applicable time period provided in the Contract Documents. If no time period is specified, Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 59 the substitution request may be submitted any time within 35 days after the date of award of the Contract, or sufficiently in advance of the time needed to avoid delay of the Work, whichever is earlier. (C) Substantiation. Any available data substantiating the proposed substitute as an equal item or service must be submitted with the written request for substitution. Contractor’s failure to timely provide all necessary substantiation, including any required test results as soon as they are available, is grounds for rejection of the proposed substitution, without further review. (D) Burden of Proving Equality. Contractor has the burden of proving the equality of the proposed substitution at Contractor’s sole cost. City has sole discretion to determine whether a proposed substitution is equal, and City’s determination is final. (E) Approval or Rejection. If the proposed substitution is approved, Contractor is solely responsible for any additional costs or time associated with the substituted item or service. If the proposed substitution is rejected, Contractor must, without delay, install the item or use the service as specified by City. (F) Contractor’s Obligations. City’s approval of a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements. 7.8 Testing and Inspection. (A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by City at all times and locations during construction and/or fabrication and at any Worksite, including at shops and yards as well as at the Project site. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten days prior to the first such application or installation. Contractor must, at all times, make the Work available for testing or inspection. Neither City’s inspection or testing of Work, nor its failure to do so, operate to waive or limit Contractor’s duty to complete the Work in accordance with the Contract Documents. (B) Scheduling and Notification. Contractor must cooperate with City in coordinating the inspections and testing. Contractor must submit samples of materials, at Contractor’s expense, and schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Contractor must notify the Engineer no later than noon of the Working Day before any inspection or testing and must provide timely notice to the other necessary parties as specified in the Contract Documents. If Contractor schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized City holiday, Contractor must notify the Engineer at least two Working Days in advance for approval. If approved, Contractor must reimburse City for the cost of the overtime inspection or testing. Such costs, including the City’s hourly costs for required personnel, may be deducted from payments otherwise due to Contractor. (C) Responsibility for Costs. City will bear the initial cost of inspection and testing to be performed by independent testing consultants retained by City, subject to the following exceptions: Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 60 (1) Contractor will be responsible for the costs of any subsequent tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs. (2) Contractor will be responsible for inspection costs, at City’s hourly rates, for inspection time lost because the Work is not ready or Contractor fails to appear for a scheduled inspection. (3) If any portion of the Work that is subject to inspection or testing is covered or concealed by Contractor prior to the inspection or testing, Contractor will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs. (4) Contractor is responsible for properly shoring all compaction test sites deeper than five feet below grade, as required under Section 7.15 below. (5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or corrected by Contractor, at Contractor’s sole expense, even if that Work or material was previously inspected or included in a progress payment. (D) Contractor’s Obligations. Contractor is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection of the Work does not in any way relieve Contractor of its obligations to perform the Work as specified. Any Work done without the required inspection(s) will also be subject to rejection by City. (E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, Contractor is solely responsible for the additional travel costs required for testing and/or inspection at such locations. (F) Final Inspection. The provisions of this Section 7.8 also apply to final inspection under Article 11, Completion and Warranty Provisions. 7.9 Project Site Conditions and Maintenance. Contractor must at all times, on a 24-hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean, neat, and sanitary condition and in compliance with all Laws pertaining to safety, air quality, and dust control. Adequate toilets must be provided, and properly maintained and serviced for all workers on the Project site, located in a suitably secluded area, subject to City’s prior approval. Contractor must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site. (A) Air Emissions Control. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any Laws. (B) Dust and Debris. Contractor must minimize and confine dust and debris resulting from the Work. Contractor must abate dust nuisance by cleaning, sweeping, and immediately sprinkling with water excavated areas of dirt or other materials prone to cause dust, and within one hour after the Engineer notifies Contractor that an airborne nuisance exists. The Engineer may direct that Contractor provide an approved waterspraying truck for this purpose. If water is used for dust control, Contractor will only Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 61 use the minimum necessary. Contractor must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section 7.19, Environmental Control. If City determines that the dust control is not adequate, City may have the work done by others and deduct the cost from the Contract Price. Contractor will immediately remove any excess excavated material from the Project site and any dirt deposited on public streets. (C) Clean up. Before discontinuing Work in an area, Contractor must clean the area and remove all debris and waste along with the construction equipment, tools, machinery, and surplus materials. (1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse by City, will be Contractor’s property. (2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on City streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. Contractor must immediately remove spillage from hauling on any publicly traveled way. Streets affected by Work on the Project must be kept clean by street sweeping. (D) Disposal. Contractor must dispose of all Project debris and waste materials in a safe and legal manner. Contractor may not burn or bury waste materials on the Project site. Contractor will not allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes or into the storm drain system. (E) Completion. At the completion of the Work, Contractor must remove from the Project site all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Project site, Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. Contractor must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Contractor must provide all cutting, fitting and patching needed to accomplish that requirement. Contractor must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. Contractor must restore to original condition all property or items that are not designated for alteration under the Contract Documents and leave each Worksite clean and ready for occupancy or use by City. (F) Non-Compliance. If Contractor fails to comply with its maintenance and cleanup obligations or any City clean up order, City may, acting in its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time or Contract Price, or undertake appropriate cleanup measures without further notice and the cost will be deducted from any amounts due or to become due to Contractor. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 62 7.10 Instructions and Manuals. Contractor must provide to City three copies each of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for City to easily maintain and service the materials and equipment installed for this Project. (A) Submittal Requirements. All manufacturers’ application or installation instructions must be provided to City at least ten days prior to the first such application. The instructions and manuals, along with any required guarantees, must be delivered to City for review. (B) Training. Contractor or its Subcontractors must train City’s personnel in the operation and maintenance of any complex equipment or systems as a condition precedent to Final Completion, if required in the Contract Documents. 7.11 As-built Drawings. Contractor and its Subcontractors must prepare and maintain at the Project site a detailed, complete and accurate as-built set of the Plans which will be used solely for the purpose of recording changes made in any portion of the original Plans in order to create accurate record drawings at the end of the Project. (A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. City may withhold the estimated cost for City to have the as-built drawings prepared from payments otherwise due to Contractor, until the as-built drawings are brought up to date to the satisfaction of City. Actual locations to scale must be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilities installed underground, in walls, floors, or otherwise concealed. Deviations from the original Plans must be shown in detail. The exact location of all main runs, whether piping, conduit, ductwork or drain lines, must be shown by dimension and elevation. The location of all buried pipelines, appurtenances, or other improvements must be represented by coordinates and by the horizontal distance from visible aboveground improvements. (B) Final Completion. Contractor must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as-built drawings to the Engineer for review and acceptance as a condition precedent to Final Completion and Final Payment. 7.12 Existing Utilities. (A) General. The Work may be performed in developed, urban areas with existing utilities, both above and below ground, including utilities identified in the Contract Documents or in other informational documents or records. Contractor must take due care to locate identified or reasonably identifiable utilities before proceeding with trenching, excavation, or any other activity that could damage or disrupt existing utilities. This may include excavation with small equipment, potholing, or hand excavation, and, if practical, using white paint or other suitable markings to delineate the area to be excavated. Except as otherwise provided herein, Contractor will be responsible for costs resulting from damage to identified or reasonably identifiable utilities due to Contractor’s negligence or failure to comply with the Contract Documents, including the requirements in this Article 7. (B) Unidentified Utilities. Pursuant to Government Code § 4215, if, during the Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 63 performance of the Work, Contractor discovers utility facilities not identified by City in the Contract Documents, Contractor must immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site if those utilities are not identified in the Contract Documents. Contractor will be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to Contractor’s failure to exercise reasonable care, and removing or relocating utility facilities not indicated in the Plans or Specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Contractor will not be assessed liquidated damages for delay in completion of the Work, to the extent the delay was caused by City’s failure to provide for removal or relocation of the utility facilities. 7.13 Notice of Excavation. Contractor must comply with all applicable requirements in Government Code §§ 4216 through 4216.5, which are incorporated by reference herein. Government Code § 4216.2 requires that, except in an emergency, Contractor must contact the appropriate regional notification center, or Underground Services Alert, at least two working days, but not more than 14 calendar days, before starting any excavation if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations. Contractor may not begin excavation until it has obtained and submitted to Engineer an inquiry identification number from Underground Services Alert. 7.14 Trenching and Excavations of Four Feet or More. As required by Public Contract Code § 7104, if the Work includes digging trenches or other excavations that extend deeper than four feet below the surface, the provisions in this Section apply to the Work and the Project. (A) Duty to Notify. Contractor must promptly, and before the following conditions are disturbed, provide written notice to City if Contractor finds any of the following conditions: (1) Material that Contractor believes may be a hazardous waste, as defined in § 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing Laws; (2) Subsurface or latent physical conditions at the Project site differing from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids; or (3) Unknown physical conditions at the Project site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents. (B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions materially differ from those indicated, apparent, or reasonably inferred from information about the Project site made available to bidders, or involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, City will issue a Change Order. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 64 (C) Disputes. In the event that a dispute arises between City and Contractor regarding any of the conditions specified in subsection (B) above, or the terms of a Change Order issued by City, Contractor will not be excused from completing the Work within the Contract Time, but must proceed with all Work to be performed under the Contract. Contractor will retain any and all rights provided either by the Contract or by Laws which pertain to the resolution of disputes between Contractor and City. 7.15 Trenching of Five Feet or More. As required by Labor Code § 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a California registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited. 7.16 New Utility Connections. Except as otherwise specified, City will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any. Contractor must notify City sufficiently in advance of the time needed to request service from each utility provider so that connections and services are initiated in accordance with the Project schedule. 7.17 Lines and Grades. Contractor is required to use any benchmark provided by the Engineer. Unless otherwise specified in the Contract Documents, Contractor must provide all lines and grades required to execute the Work. Contractor must also provide, preserve, and replace if necessary, all construction stakes required for the Project. All stakes or marks must be set by a California licensed surveyor or a California registered civil engineer. Contractor must notify the Engineer of any discrepancies found between Contractor’s staking and grading and information provided by the Contract Documents. Upon completion, all Work must conform to the lines, elevations, and grades shown in the Plans, including any changes directed by a Change Order. 7.18 Historic or Archeological Items. (A) Contractor’s Obligations. Contractor must ensure that all persons performing Work at the Project site are required to immediately notify the Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, a burial ground, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”). (B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85-foot radius of the find and may not resume until authorized in writing by City. If required by City, Contractor must assist in protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as Extra Work on a time and materials basis under Article 6, Contract Modification. At City’s discretion, a suspension of Work required due to discovery of Historic or Archeological Items may be treated as Excusable Delay pursuant to Article 5, or as a suspension for convenience under Article 13. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 65 7.19 Environmental Control. Contractor must not pollute any drainage course or its tributary inlets with fuels, oils, bitumens, acids, insecticides, herbicides or other harmful materials. Contractor must prevent the release of any hazardous material or hazardous waste into the soil or groundwater, and prevent the unlawful discharge of pollutants into City’s storm drain system and watercourses as required below. Contractor and its Subcontractors must at all times in the performance of the Work comply with all Laws concerning pollution of waterways. (A) Stormwater Permit. Contractor must comply with all applicable conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activity (“Stormwater Permit”). (B) Contractor’s Obligations. If required for the Work, a copy of the Stormwater Permit is on file in City’s principal administrative offices, and Contractor must comply with it without adjustment of the Contract Price or the Contract Time. Contractor must timely and completely submit required reports and monitoring information required by the conditions of the Stormwater Permit. Contractor also must comply with all other Laws governing discharge of stormwater, including applicable municipal stormwater management programs. 7.20 Noise Control. Contractor must comply with all applicable noise control Laws. Noise control requirements apply to all equipment used for the Work or related to the Work, including trucks, transit mixers or transient equipment that may or may not be owned by Contractor. 7.21 Mined Materials. Pursuant to the Surface Mining and Reclamation Act of 1975, Public Resources Code § 2710 et seq., any purchase of mined materials, such as construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation included on the AB 3098 List, which is available online at: ftp://ftp.consrv.ca.gov/pub/omr/AB3098%20List/AB3908List.pdf. Article 8 - Payment 8.1 Schedule of Values. Prior to submitting its first application for payment, Contractor must prepare and submit to the Project Manager a schedule of values apportioned to the various divisions and phases of the Work, including mobilization and demobilization. If a Bid Schedule was submitted with Contractor’s bid, the amounts in the schedule of values must be consistent with the Bid Schedule. Each line item contained in the schedule of values must be assigned a value such that the total of all items equals the Contract Price. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with Contractor’s bid. (A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing will be measured according to the methods specified in the Contract Documents. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 66 (B) Deleted or Reduced Work. Contractor will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that Contractor reasonably incurred before Contractor learned that the Work could be deleted or reduced. Contractor will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits. 8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit to the Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month. (A) Application for Payment. Each application for payment must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Project site, as well as authorized and approved Change Orders. Each payment application must be supported by the unit prices submitted with Contractor’s Bid Schedule and/or schedule of values and any other substantiating data required by the Contract Documents. (B) Payment of Undisputed Amounts. City will pay the undisputed amount due within 30 days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code § 20104.50. City will deduct a percentage from each progress payment as retention, as set forth in Section 8.5, below, and may withhold additional amounts as set forth in Section 8.3, below. 8.3 Adjustment of Payment Application. City may adjust or reject the amount requested in a payment application, including application for Final Payment, in whole or in part, if the amount requested is disputed or unsubstantiated. Contractor will be notified in writing of the basis for the modification to the amount requested. City may also deduct or withhold from payment otherwise due based upon any of the circumstances and amounts listed below. Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists. (A) For Contractor’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work. (B) For loss or damage caused by Contractor or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Project site, City may deduct an amount based on the estimated cost to repair or replace. (C) For Contractor’s failure to pay its Subcontractors and suppliers when payment is due, City may withhold an amount equal to the total of past due payments and may opt to pay that amount separately via joint check pursuant to Section 8.6(B), Joint Checks. (D) For Contractor’s failure to timely correct rejected, nonconforming, or defective Work, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work. (E) For any unreleased stop notice, City may withhold 125% of the amount claimed. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 67 (F) For Contractor’s failure to submit any required schedule or schedule update in the manner and within the time specified in the Contract Documents, City may withhold an amount equal to five percent of the total amount requested until Contractor complies with its schedule submittal obligations. (G) For Contractor’s failure to maintain or submit as-built documents in the manner and within the time specified in the Contract Documents, City may withhold or deduct an amount based on the City’s cost to prepare the as-builts. (H) For Work performed without Shop Drawings that have been accepted by City, when accepted Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated costs to correct unsatisfactory Work or diminution in value. (I) For fines, payments, or penalties assessed under the Labor Code, City may deduct from payments due to Contractor as required by Laws and as directed by the Division of Labor Standards Enforcement. (J) For any other costs or charges that may be withheld or deducted from payments to Contractor, as provided in the Contract Documents, including liquidated damages, City may withhold or deduct such amounts from payment otherwise due to Contractor. 8.4 Early Occupancy. Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work. 8.5 Retention. City will retain five percent of the full amount due on each progress payment (i.e., the amount due before any withholding or deductions pursuant to Section 8.3, Adjustment to Payment Application), or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and satisfactory performance of the Work. Contractor is not entitled to any reduction in the rate of withholding at any time, nor to release of any retention before 35 days following City’s acceptance of the Project. (A) Substitution of Securities. As provided by Public Contract Code § 22300, Contractor may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City. Any escrow agreement entered into pursuant to this provision must fully comply with Public Contract Code § 22300 and will be subject to approval as to form by City’s legal counsel. If City exercises its right to draw upon such securities in the event of default pursuant to section (7) of the statutory Escrow Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (f) of Public Contract Code § 22300 (“Escrow Agreement”), and if Contractor disputes that it is in default, its sole remedy is to comply with the dispute resolution procedures in Article 12 and the provisions therein. It is agreed that for purposes of this paragraph, an event of default includes City’s rights pursuant to these Contract Documents to withhold or deduct sums from retention, including withholding or deduction for liquidated damages, incomplete or defective Work, stop payment notices, or backcharges. It is further agreed that if any individual authorized to give or receive written notice on behalf of a party pursuant to section (10) of the Escrow Agreement are unavailable to give or receive notice on behalf of that party due to separation from employment, retirement, death, or other circumstances, the successor or delegee of the named individual is deemed to be the individual authorized to give or receive notice pursuant to section (10) of the Escrow Agreement. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 68 (B) Release of Undisputed Retention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld pursuant to Section 8.3, Adjustment of Payment Application, will be released as Final Payment to Contractor no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by City’s governing body or authorized designee pursuant to Section 11.1(C), Acceptance, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete pursuant to Public Contract Code § 7107(c). 8.6 Payment to Subcontractors and Suppliers. Each month, Contractor must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Project site by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of Laws pertaining to such payments, and those of the Contract Documents and applicable subcontract or supplier contract. (A) Withholding for Stop Notice. Pursuant to Civil Code § 9358, City will withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by City for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law. (B) Joint Checks. City reserves the right, acting in its sole discretion, to issue joint checks made payable to Contractor and a Subcontractor or supplier, if City determines this is necessary to ensure fair and timely payment for a Subcontractor or supplier who has provided services or goods for the Project. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by the City Attorney’s Office. The joint check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint check. Payment by joint check will not be construed to create a contractual relationship between City and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement. 8.7 Final Payment. Contractor’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section 8.2, above. Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. If Contractor fails to submit a timely application for Final Payment, City reserves the right to unilaterally process and issue Final Payment without an application from Contractor in order to close out the Project. For the purposes of determining the deadline for Claim submission pursuant to Article 12, the date of Final Payment is deemed to be the date that City acts to release undisputed retention as final payment to Contractor, or otherwise provides written notice to Contractor of Final Payment or that no undisputed funds remain available for Final Payment due to offsetting withholdings or deductions pursuant to Section 8.3, Adjustment of Payment Application. If the amount due from Contractor to City exceeds the amount of Final Payment, City retains the right to recover the balance from Contractor or its sureties. 8.8 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment be contingent upon Contractor furnishing City with a written waiver and release of all claims against City arising from or related to the portion of Work covered by those undisputed amounts subject to the limitations of Public Contract Code § 7100. Any disputed amounts may be specifically excluded from the release. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 69 8.9 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon payment to Contractor. Article 9 - Labor Provisions 9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. Contractor and its Subcontractors are required to comply with all applicable Laws prohibiting discrimination, including the California Fair Employment and Housing Act (Govt. Code § 12900 et seq.), Government Code § 11135, and Labor Code §§ 1735, 1777.5, 1777.6, and 3077.5. 9.2 Labor Code Requirements. (A) Eight Hour Day. Pursuant to Labor Code § 1810, eight hours of labor constitute a legal day’s work under this Contract. (B) Penalty. Pursuant to Labor Code § 1813, Contractor will forfeit to City as a penalty, the sum of $25.00 for each day during which a worker employed by Contractor or any Subcontractor is required or permitted to work more than eight hours in any one calendar day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code § 1815. (C) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code § 1777.5, which is fully incorporated by reference. (D) Notices. Pursuant to Labor Code § 1771.4, Contractor is required to post all job site notices prescribed by Laws. 9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code §§ 1720 or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in §§ 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and available online at http://www.dir.ca.gov/dlsr. Contractor must post a copy of the applicable prevailing rates at the Project site. (A) Penalties. Pursuant to Labor Code § 1775, Contractor and any Subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion a day, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker. (B) Federal Requirements. If this Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements, Contractor and its Subcontractors are required to pay the higher of the currently applicable state or federal prevailing wage rates. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 70 9.4 Payroll Records. Contractor must comply with the provisions of Labor Code §§ 1776 and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. (A) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project. (B) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (C) Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor. 9.5 Labor Compliance. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR. Article 10 - Safety Provisions 10.1 Safety Precautions and Programs. Contractor and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. Contractor and its Subcontractors must at all times comply with all applicable health and safety Laws and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at any Worksite, materials and equipment stored on or off site, and property at or adjacent to any Worksite. (A) Reporting Requirements. Contractor must immediately notify the City of any death, serious injury or illness resulting from Work on the Project. Contractor must immediately provide a written report to City of each recordable accident or injury occurring at any Worksite within 24 hours of the occurrence. The written report must include: (1) the name and address of the injured or deceased person; (2) the name and address of each employee of Contractor or of any Subcontractor involved in the incident; (3) a detailed description of the incident, including precise location, time, and names and Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 71 contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with a government agency, Contractor will provide a copy of the report to City. (B) Legal Compliance. Contractor’s safety program must comply with the applicable legal and regulatory requirements. Contractor must provide City with copies of all notices required by Laws. (C) Contractor’s Obligations. Any damage or loss caused by Contractor arising from the Work which is not insured under property insurance must be promptly remedied by Contractor. (D) Remedies. If City determines, in its sole discretion, that any part of the Work or Project site is unsafe, City may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If Contractor fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with City’s request for corrective measures pursuant to this provision. 10.2 Hazardous Materials. Unless otherwise specified in the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to City. No asbestos, asbestos-containing products or other Hazardous Materials may be used in performance of the Work. 10.3 Material Safety. Contractor is solely responsible for complying with § 5194 of Title 8 of the California Code of Regulations, including by providing information to Contractor’s employees about any hazardous chemicals to which they may be exposed in the course of the Work. A hazard communication program and other forms of warning and training about such exposure must be used. Contractor must also maintain Safety Data Sheets (“SDS”) at the Project site, as required by Laws, for materials or substances used or consumed in the performance of the Work. The SDS will be accessible and available to Contractor’s employees, Subcontractors, and City. (A) Contractor Obligations. Contractor is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Project site and/or used in the performance of the Work. Contractor must notify the Engineer if a specified product or material cannot be used safely. (B) Labeling. Contractor must ensure proper labeling on any material brought onto the Project site so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal. 10.4 Hazardous Condition. Contractor is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 72 exists or is created, Contractor must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances. Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Project site condition, the method of construction, or the way any Work must be performed. 10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or property at or adjacent to any Worksite, Contractor must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the City if, under the circumstances, there is inadequate time to seek prior authorization from the City. Article 11 - Completion and Warranty Provisions 11.1 Final Completion. (A) Final Inspection and Punch List. When the Work required by this Contract is fully performed, Contractor must provide written notification to City requesting final inspection. The Engineer will schedule the date and time for final inspection, which must include Contractor’s primary representative for this Project and its superintendent. Based on that inspection, City will prepare a punch list of any items that are incomplete, missing, defective, incorrectly installed, or otherwise not compliant with the Contract Documents. The punch list to Contractor will specify the time by which all of the punch list items must be completed or corrected. The punch list may include City’s estimated cost to complete each punch list item if Contractor fails to do so within the specified time. The omission of any non-compliant item from a punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents. Contractor’s failure to complete any punch list item within the time specified in the punch list will not waive or abridge its warranty obligations for any such items that must be completed by the City or by a third party retained by the City due to Contractor’s failure to timely complete any such outstanding item. (B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City’s further inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, including instructions and manuals as required under Section 7.10, and complete, final as-built drawings as required under Section 7.11, all to City’s satisfaction. (C) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, unless the Engineer is authorized to accept the Project, in which case the Project will be considered accepted upon the date of the Engineer’s issuance of a written notice of acceptance. In order to avoid delay of Project close out, the City may elect, acting in its sole discretion, to accept the Project as complete subject to exceptions for punch list items that are not completed within the time specified in the punch list. (D) Final Payment and Release of Retention. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If Contractor fails to complete all of the punch list items within the specified time, City may Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 73 withhold up to 150% of City’s estimated cost to complete each of the remaining items from Final Payment and may use the withheld retention to pay for the costs to self- perform the outstanding items or to retain a third party to complete any such outstanding punch list item. 11.2 Warranty. (A) General. Contractor warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. Contractor warrants that materials or items incorporated into the Work comply with the requirements and standards in the Contract Documents, including compliance with Laws, and that any Hazardous Materials encountered or used were handled as required by Laws. At City’s request, Contractor must furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance. (B) Warranty Period. Contractor’s warranty must guarantee its Work for a period of one year from the date of Project acceptance (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. Contractor must obtain from its Subcontractors, suppliers and manufacturers any special or extended warranties required by the Contract Documents. (C) Warranty Documents. As a condition precedent to Final Completion, Contractor must supply City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers. (D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by Contractor and its Subcontractors, and Contractor agrees to be coguarantor of such Work. (E) Contractor’s Obligations. Upon written notice from City to Contractor of any defect in the Work discovered during the Warranty Period, Contractor or its responsible Subcontractor must promptly correct the defective Work at its own cost. Contractor’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which Contractor was notified prior to expiration of the Warranty Period. Work performed during the Warranty Period (“Warranty Work”) will be subject to the warranty provisions in this Section 11.2 for a one-year period that begins upon completion of such Warranty Work to City’s satisfaction. (F) City’s Remedies. If Contractor or its responsible Subcontractor fails to correct defective Work within ten days following notice by City, or sooner if required by the circumstances, City may correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse City for its costs in accordance with subsection (H), below. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 74 (G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, City may immediately correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor or its surety must reimburse City for its costs in accordance with subsection (H), below. (H) Reimbursement. Contractor must reimburse City for its costs to repair under subsections (F) or (G), above, within 30 days following City’s submission of a demand for payment pursuant to this provision. If City is required to initiate legal action to compel Contractor’s compliance with this provision, and City is the prevailing party in such action, Contractor and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce Contractor’s warranty obligations herein in addition to any and all costs City incurs to correct the defective Work. 11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion. City will notify Contractor in writing of its intent to occupy or make use of the Project or any portions of the Project, pursuant to this provision. (A) Non-Waiver. Occupation or use of the Project, in whole or in part, prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or Contractor’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect. (B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to Contractor’s cost or time to complete the Work within the Contract Time. 11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Subcontractor performs Work on the Project prior to City acceptance of the Project, except for warranty work performed under this Article. Article 12 - Dispute Resolution 12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work. (A) Definition. “Claim” means a separate demand by Contractor, submitted in writing by registered or certified mail with return receipt requested, for a change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, when the demand has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 75 rejected or disputed by City, in whole or in part. A Claim may also include that portion of a unilateral Change Order that is disputed by the Contractor. (B) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between Contractor and City. With the exception of any dispute regarding the amount of money actually paid to Contractor as Final Payment, Contractor is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to City in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by City. (C) Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount and applies in addition to the provisions of Public Contract Code § 9204 and § 20104 et seq., which are incorporated by reference herein. (D) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, Contractor must perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute. (E) Informal Resolution. Contractor will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face-to-face meeting between authorized representatives of Contractor and City. 12.2 Claims Submission. The following requirements apply to any Claim subject to this Article: (A) Substantiation. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Article 12 and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts. (B) Claim Format and Content. A Claim must be submitted in the following format: (1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 12 and specifying the requested remedy (e.g., amount of proposed change to Contract Price and/or change to Contract Time). (2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue, including the specific Change Order request (by number and submittal date), and the date of City's rejection of that demand, in whole or in part. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 76 (3) Provide a detailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently, separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim: a. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position; b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, RFIs, calculations, and schedule analysis (see subsection (A), Substantiation, above); c. A chronology of relevant events; and d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested. (4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, Contractor must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts. (5) Include the following certification, executed by Contractor’s authorized representative: “The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. Contractor warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived.” (C) Submission Deadlines. (1) A Claim disputing rejection of a request for a change in the Contract Time or Contract Price must be submitted within 15 days following the date that City notified Contractor in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. A Claim disputing the terms of a unilateral Change Order must be submitted within 15 days following the date of issuance of the unilateral Change Order. These Claim deadlines apply even if Contractor cannot yet quantify the total amount of any requested change in the Contract Time or Contract Price. If the Contractor cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by Contractor. (2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment or will be deemed waived. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 77 (3) A Claim disputing the amount of Final Payment must be submitted within 15 days of the effective date of Final Payment, under Section 8.7, Final Payment. (4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor. 12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and Contractor or as otherwise allowed under Public Contract Code § 9204. However, if City determines that the Claim is not adequately substantiated pursuant to Section 12.2(A), Substantiation, City may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against the Claim. (A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and Contractor. If Contractor’s Claim is based on estimated amounts, Contractor has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim. (B) Non-Waiver. Any failure by City to respond within the times specified above will not be construed as acceptance of the Claim, in whole or in part, or as a waiver of any provision of these Contract Documents. 12.4 Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, Contractor may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to dispute City’s response in writing within the specified time, Contractor’s Claim will be deemed waived. (A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. (C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any. (D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the Contractor may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 78 12.5 Mediation and Government Code Claims. (A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and Contractor will mutually agree to a mediator, as provided under Public Contract Code § 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of the mediator and mediation fees equally, but each party is otherwise solely and separately responsible for its own costs to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants. (B) Government Code Claims. (1) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim. (2) The time for filing a Government Code Claim will be tolled from the time Contractor submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation. 12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims. 12.7 Arbitration. It is expressly agreed, under Code of Civil Procedure § 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence. 12.8 Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; nonavailability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier. 12.9 Legal Proceedings. In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 79 instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the City's remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the City reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work. 12.10 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, including disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article 13. Article 13 - Suspension and Termination 13.1 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct Work in accordance with the Contract Documents, including non-compliance with applicable environmental or health and safety Laws, City may immediately order the Work, or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to City’s satisfaction. (A) Notice of Suspension. Upon receipt of City’s written notice to suspend the Work, in whole or in part, except as otherwise specified in the notice of suspension, Contractor and its Subcontractors must promptly stop Work as specified in the notice of suspension; comply with directions for cleaning and securing the Worksite; and protect the completed and in-progress Work and materials. Contractor is solely responsible for any damages or loss resulting from its failure to adequately secure and protect the Project. (B) Resumption of Work. Upon receipt of the City’s written notice to resume the suspended Work, in whole or in part, except as otherwise specified in the notice to resume, Contractor and its Subcontractors must promptly re-mobilize and resume the Work as specified; and within ten days from the date of the notice to resume, Contractor must submit a recovery schedule, prepared in accordance with the Contract Documents, showing how Contractor will complete the Work within the Contract Time. (C) Failure to Comply. Contractor will not be entitled to an increase in the Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. (D) No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty to suspend the Work, and City’s failure to suspend the Work will not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents. 13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City’s convenience. Upon notice by City pursuant to this provision, Contractor must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by City except for taking measures to protect completed or in- Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 80 progress Work as directed in the suspension notice, and subject to the provisions of Section 13.1(A) and (B), above. If Contractor submits a timely request for a Change Order in compliance with Articles 5 and 6, the Contract Price and the Contract Time will be equitably adjusted by Change Order pursuant to the terms of Articles 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience, except to the extent that any such impacts were caused by Contractor’s failure to comply with the Contract Documents or the terms of the suspension notice or notice to resume. However, the Contract Time will only be extended if the suspension causes or will cause unavoidable delay in Final Completion. If Contractor disputes the terms of a Change Order issued for such equitable adjustment due to suspension for convenience, its sole recourse is to comply with the Claim procedures in Article 12. 13.3 Termination for Default. City may declare that Contractor is in default of the Contract for a material breach of or inability to fully, promptly, or satisfactorily perform its obligations under the Contract. (A) Default. Events giving rise to a declaration of default include Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; Contractor’s refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct defective Work or damage; Contractor’s failure to comply with Laws, or orders of any public agency with jurisdiction over the Project; evidence of Contractor’s bankruptcy, insolvency, or lack of financial capacity to complete the Work as required within the Contract Time; suspension, revocation, or expiration and nonrenewal of Contractor’s license or DIR registration; dissolution, liquidation, reorganization, or other major change in Contractor’s organization, ownership, structure, or existence as a business entity; unauthorized assignment of Contractor’s rights or duties under the Contract; or any material breach of the Contract requirements. (B) Notice of Default and Opportunity to Cure. Upon City’s declaration that Contractor is in default due to a material breach of the Contract Documents, if City determines that the default is curable, City will afford Contractor the opportunity to cure the default within ten days of City’s notice of default, or within a period of time reasonably necessary for such cure, including a shorter period of time if applicable. (C) Termination. If Contractor fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the notice of default, City may issue written notice to Contractor and its performance bond surety of City’s termination of the Contract for default. (D) Waiver. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond within seven calendar days from the date of the notice of termination pursuant to paragraph (C), City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination, where “additional cost” means all cost in excess of the cost City would have incurred if Contactor had timely completed Work without the default and termination. In addition, City will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on City property for the purposes of completing the remaining Work. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 81 (E) Compensation. Within 30 days of receipt of updated as-builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to City of all equipment and materials for the Project for which Contractor has already been compensated, Contractor will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold or deduct sums from payment otherwise due pursuant to Section 8.3, and excluding any costs Contractor incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If Contractor disputes the amount of compensation determined by City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of the total compensation to be paid by City. (F) Wrongful Termination. If Contractor disputes the termination, its sole recourse is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and Contractor’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below. Contractor waives any claim for any other damages for wrongful termination including special or consequential damages, lost opportunity costs, or lost profits, and any award of damages is subject to Section 12.8, Burden of Proof and Limitations. 13.4 Termination for Convenience. City reserves the right, acting in its sole discretion, to terminate all or part of the Contract for convenience upon written notice to Contractor. (A) Compensation to Contractor. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to Contractor, and Contractor will not be entitled to any additional claim or compensation: (1) Completed Work. The value of its Work satisfactorily performed as of the date notice of termination is received, based on Contractor’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work; (2) Demobilization. Demobilization costs specified in the schedule of values, or if demobilizations cost were not provided in a schedule of values pursuant to Section 8.1, then based on actual, reasonable, and fully documented demobilization costs; and (3) Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date. (B) Disputes. If Contractor disputes the amount of compensation determined by City pursuant to paragraph (A), above, its sole recourse is to comply with the Claim procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of total compensation to be paid by City. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 82 13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part. (A) General. Upon termination City may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. Contractor will transfer title to and deliver all completed Work and all Work in progress to City. (B) Submittals. Unless otherwise specified in the notice of termination, Contractor must immediately submit to City all designs, drawings, as-built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, including incomplete documents or drafts. (C) Close Out Requirements. Except as otherwise specified in the notice of termination, Contractor must comply with all of the following: (1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with City’s instructions for cessation of labor and securing the Project and any other Worksite(s). (2) Comply with City’s instructions to protect the completed Work and materials, using best efforts to minimize further costs. (3) Contractor must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated. (4) As directed in the notice, Contractor must assign to City or cancel existing subcontracts that relate to performance of the terminated Work, subject to any prior rights, if any, of the surety for Contractor’s performance bond, and settle all outstanding liabilities and claims, subject to City’s approval. (5) As directed in the notice, Contractor must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to City. (D) Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination, Contractor will submit its request for Final Payment, including any amounts due following termination pursuant to this Article 13. Payment will be made in accordance to the provisions of Article 8, based on the portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing, including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by Contractor; payments received for sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as otherwise specified in Section 8.3, Adjustment of Payment Application. (E) Continuing Obligations. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 83 warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date. Article 14 - Miscellaneous Provisions 14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code § 7103.5, Contractor and its Subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders Final Payment to Contractor, without further acknowledgement by the parties. 14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly. 14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by City. 14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose. 14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that that bids were due. 14.6 Survival. The provisions that survive termination or expiration of this Contract include Contract Section 11, Notice, and subsections 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6, of Section 12, General Provisions; and the following provisions in these General Conditions: Section 2.2(J), Contractor’s Records, Section 2.3(C), Termination, Section 3.7, Ownership, Section 4.2, Indemnity, Article 12, Dispute Resolution, and Section 11.2, Warranty. END OF GENERAL CONDITIONS Service Center Security Gate Project 2021 Form SPECIAL CONDITIONS 2023-103 Page 84 Special Conditions 1. Authorized Work Days and Hours. 1.1 Authorized Work Days. Except as expressly authorized in writing by City, Contractor is not authorized to performing Work on the Project on the following days: City Observed Holidays Fall Festival November 10, 2023 - Veteran’s Day November 13, 2023 - Diwali 1.2 Authorized Work Hours. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project during the following hours: 7:30 a.m. to 3:30 p.m. on weekdays. 2. Pre-Construction Conference. City will designate a date and time for a preconstruction conference with Contractor following Contract execution. Project administration procedures and coordination between City and Contractor will be discussed, and Contractor must present City with the following information or documents at the meeting for City’s review and acceptance before the Work commences: 2.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent; 2.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours; 2.3 Staging plans that identify the sequence of the Work, including any phases and alternative sequences or phases, with the goal of minimizing the impacts on residents, businesses and other operations in the Project vicinity; 2.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer; 2.5 Draft baseline schedule for the Work as required under Section 5.2, to be finalized within ten days after City issues the Notice to Proceed; 2.6 Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to Contractor; 2.7 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers; 2.8 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements; 2.9 Videotape and photographs recording the conditions throughout the preconstruction Project site, showing the existing improvements and current condition of the curbs, gutters, sidewalks, signs, landscaping, streetlights, structures near the Project such as Service Center Security Gate Project 2021 Form SPECIAL CONDITIONS 2023-103 Page 85 building faces, canopies, shades and fences, and any other features within the Project area limits; 2.10 If requested by City, Contractor’s cash flow projections; and 2.11 Any other documents specified in the Special Conditions or Notice of Potential Award. 3. Insurance Requirements. The insurance requirements under Section 4.3 of the General Conditions are modified for this Contract, as set forth below. Except as expressly stated below, all other provisions in Section 4.3 are unchanged and remain in full force and effect. 3.1 Pollution Liability Insurance Waived. The pollution liability insurance policy requirement set forth in subsection 4.3(A)(4) of the General Conditions is hereby waived and does not apply to this Contract. 3.2 Builders Risk Insurance Waived. The builder’s risk insurance policy requirement set forth in subsection 4.3(A)(5) of the General Conditions is hereby waived and does not apply to this Contract. 4. Normal Weather Delay Days. This provision is intended to supplement the requirements of General Conditions Section 5.2 on Schedule Requirements and Section 5.3 on Delays and Extensions of Contract Time. Based on historic records for the Project location, Contractor’s schedule should assume the following number of normal Weather Delay Days for each month: Month # Normal Weather Delay Days January 6 February 6 March 6 April 3 May 1 June 0 July 0 August 0 September 1 October 2 November 4 December 5 Weather Delay Days which do not occur during a given month based on the number of days allocated for that month (above) do not carry over to another month. 5. Construction Manager Role and Authority. The City may obtain a Construction Manager for this Project. The Construction Manager will assist City in the management of the construction of the Project. The Construction Manager may perform services in the areas of supervision and coordination of the work of Contractor and/or other contractors, scheduling the Work, monitoring the progress of the Work, providing City with evaluations and recommendations concerning the quality of the Work, recommending the approval of progress payments to Contractor, or other services for the Project in accordance with the Construction Manager’s contract with City. Service Center Security Gate Project 2021 Form SPECIAL CONDITIONS 2023-103 Page 86 5.1 Communications. Contractor must submit all notices and communications relating to the Work directly to the City in writing, as follows: Jimmy Tan, P.E. 10555 Mary Avenue Cupertino, CA 95 PH: (408) 777-3248 Email: jimmyt@cupertino.org With a copy to the Engineer: Richard J. Laureta, PE 150 Executive Park Blvd, Suite 4200 San Francisco, CA 94134 PH: (415) 530-7070 Email: laureta@freyerlaureta.com 5.2 On-Site Management and Communication Procedures. The Construction Manager will provide and maintain a management team on the Project site to provide contract administration as an agent of City, and will establish and implement coordination and communication procedures among City, the Design Professional, Contractor, and others. 5.3 Contract Administration Procedures. The Construction Manager will establish and implement procedures for reviewing and processing requests for clarifications and interpretations of the Contract Documents, Shop Drawings, samples, other submittals, schedule adjustments, Change Order proposals, written proposals for substitutions, payment applications, and maintenance of logs. 5.4 Pre-Construction Conference. Contractor will attend the pre-construction conference, during which the Construction Manager will review the Contract administration procedures and Project requirements. 5.5 Contractor’s Construction Schedule. The Construction Manager will review Contractor’s construction schedules and will verify that each schedule is prepared in accordance with the requirements of the Contract Documents. 6. Close Out Requirements. Contractor’s close out requirements include the following, if applicable: 6.1 Contractor must replace, with thermoplastic, any existing striping within and adjacent to the Project site that is damaged during the Work. Partially damaged striping must be replaced in its entirety. 6.2 Contractor must replace any survey monuments that are damaged or removed during the Work, with a Record of Survey filed by a licensed land surveyor as required by California law. 6.3 Before removing any traffic control or street signs on the Project site, Contractor must take photographs showing their original locations. Upon completion of each phase of construction, Contractor must temporarily reset the signs at those locations. Contractor must then replace the signs permanently upon completion of the Work and the cost of their removal and replacement must be included in the Bid Proposal. Service Center Security Gate Project 2021 Form SPECIAL CONDITIONS 2023-103 Page 87 6.4 Contractor must maintain any rural mail boxes on the Project site and relocate them to their permanent locations as soon as possible in the course of the Work, to the satisfaction of the affected property owners and the postal service. 7. NOT USED 8. Lines and Grades Verification. All Work must be done to the lines, grades, and elevations indicated on the Plans and Specifications, and in accordance with all applicable codes and laws. Contractor is required to verify forms and other work comply with lines, grades and elevations. Prior to pouring or placing any concrete or asphalt Contractor must have a California licensed land surveyor or civil engineer field verify lines, grades and elevations prior to proceeding with the placement of concrete or asphalt. The land surveyor or civil engineer must have at least five years of relevant experience, and must be acceptable to the City. Contractor must provide City verification of the licensing and experience for each proposed land surveyor or civil engineer. Contractor must provide City with inspection results for form and grade work. Contractor must remedy any non-compliant Work at no additional cost to City. 9. Notification of Residents, Schools and Businesses. The Contractor shall notify, in writing, residents, businesses and schools within a 300 foot radius of project limits at a minimum of two times prior to start of construction. The first notice shall be given to all residents, businesses and schools within the project area five working days prior to any construction operation. The second notice shall be given to residents, businesses and schools two working days prior to any construction operation. Both notices shall be in writing and submitted to the Engineer for review and approval. Sample notice is below. Notices shall include the project name, describe the nature and duration of the Contractor’s operations, and provide a toll-free telephone number or (408) area code number at which a Contractor’s representative may be contacted 24 hour per day for problems or emergencies encountered by residents and/or businesses. Answering machines and voice mail shall not be permitted. Then notice will also contain the City’s Construction Management contact information. A separate notice shall be given at least two working days prior to any anticipated service/utility disruption or temporary closure of access to any driveway. The notice shall indicate the duration of the disruption. The Contractor shall submit a written request to the Engineer regarding the temporary closure of access to any driveway. No driveway access shall be closed by the Contractor at any time without prior written authorization from the Engineer. If construction operations are delayed for any reason beyond the duration stipulated in the notices, the Contractor shall re-issue written notices that explain the delay and provide a revised schedule. All written notices to residents, schools, businesses, agencies, etc. shall be submitted to the City for review and approval. Provide the City with a schedule of the notification deliveries so that the City can confirm that the notification was completed. Payment for compliance with this section shall be deemed included in the various other items of work, and no additional compensation will be allowed therefore. [Sample Notice on next page] Service Center Security Gate Project 2021 Form SPECIAL CONDITIONS 2023-103 Page 88 SAMPLE NOTICE: NOTICE TO RESIDENTS / BUSINESS OWNERS Date: [MONTH] [DAY], [YEAR] Subject: [NAME OF PROJECT] – [One Week OR Two Day] Notice This notice is to inform you that the City of Cupertino, Department of Public Works, has contracted with [CONTRACTOR NAME] to [SCOPE OF WORK] along [STREET NAME] from [ADJACENT CROSS STREET] to [ADJACENT CROSS STREET]. This [SCOPE OF WORK] will mainly occur on [WEEKDAYS, SEE “SCHEDULE OFWORKING DAYS/HOURS”] from [START TIME] to [END TIME] and is scheduled to start in your area APPROXIMATELY seven days from the date of this notice and will continue from [START DATE] until [END DATE]. Please be aware that there may be construction activities that cause traffic delays. [CONTRACTOR NAME] will make every effort to maintain normal traffic access and minimize disruption in your neighborhood. No Parking / Tow-Away signs will be posted in affected areas two working days in advance of enforcement. Access to driveways will be maintained at ALL times during the construction. Prior to activities in your immediate area, you will be sent a notification TWO WORKING DAYS before work begins. [CONTRACTOR NAME] and the City of Cupertino, Department of Public Works, apologize for any inconvenience due to these activities. If you have any questions or need assistance as these activities progress, please call the number(s) listed below: [CONTRACTOR NAME] [NAME OF PROJECT MANAGER, CONTRACTOR) Project Manager (XXX) XXX-XXXX (24-hour number) City of Cupertino (NAME OF CONSTRUCTION MANAGEMENT FIRM IF ONE) (PERSON’S NAME FROM CONSTRUCTION MANAGEMENT FIRM) (XXX) XXX-XXXX (24-hour number) City Office: (408)777-3354 Department of Public Works Thank you for your patience and cooperation, [NAME OF PROJECT MANAGER, CONTRACTOR], Project Manager [NAME OF CONSTRUCTION FIRM] END OF SPECIAL CONDITIONS zuzu SHEET OF REVISIONS IMPROVEMENT PLANS FOR SERVICE CENTER SECURITY GATE PROJECT CALIFORNIACUPERTINOFile: Scale: Proj. Engr: Checked: Drawn: Designed: Date:2.24.2023 RJL LFH RJL RJL APPR.CITY DATEAPPR.DATE DESIGN BY DESIGN SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K SA F E T Y O F A L L P E R S O N S A N D P R O P E R T Y ; T H A T T H I S R E Q U I R E M E N T S H A L L A P P L Y C O N T I N U O U S L Y A N D N O T B E L I M I T E D T O N O R M A L W O R K I N G H O U R S ; A N D T H A T T H E C O N T R A C T O R CO N T R A C T O R A G R E E S T H A T H E S H A L L A S S U M E S O L E A N D C O M P L E T E R E S P O N S I B I L I T Y F O R J O B S I T E C O N D I T I O N S D U R I N G T H E C O U R S E O F C O N S T R U C T I O N O F T H I S P R O J E C T , I N C L U D I N G ON T H I S P R O J E C T , E X C E P T I N G F O R L I A B I L I T Y A R I S I N G F R O M T H E S O L E N E G L I G E N C E O F T H E O W N E R O R T H E E N G I N E E R . SH A L L D E F E N D , I N D E M N I F Y A N D H O L D T H E O W N E R A N D T H E E N G I N E E R H A R M L E S S F R O M A N Y A N D A L L L I A B I L I T Y , R E A L O R A L L E G E D , I N C O N N E C T I O N W I T H T H E P E R F O R M A N C E O F W O R K E S T.195 5 CUPERTINO CITY OF SURVEYORS CONSTRUCTION MANAGERSCIVIL ENGINEERS (415) 534-7070 www.freyerlaureta.com AS SHOWN 328002 150 Executive Park Blvd San Francisco, CA 94134 4 COVER SHEET SHEET C1 E S T.195 5 SERVICE CENTER SECURITY GATE PROJECT 10555 MARY AVENUE CUPERTINO, CALIFORNIA INDEX OF DRAWINGS ABBREVIATIONS LEGEND S 1 SITE MAP VICINITY MAP ”” CITY OF CUPERTINO GENERAL NOTES 2/27/2023                                                                                         !                             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"     2023-103 ALDO CORRAL (408)777-3269 2/24/2023 SAM P L E AD- 1 CU P E R T I N O S E R V I C E C E N T E R AD D R E S S CI T Y , C A IN W A R D S W I N G G A T E PL A N V I E W A& D A u t o m a t i c G a t e An d A c c e s s 81 0 W A R R I N G T O N A V E . RE D W O O D C I T Y , C A 9 4 0 6 3 (6 5 0 ) 3 6 5 - 8 8 2 8 REVISIONS DATE:11/15/2021 DRAWN BY: J. BLANDINO SCALE: 3/8" = 1' - 0" JOB NO: SHEET Copyright © 2020 A&D Automatic Gate and Access. Reproduction and distribution of these plans without written permission is prohibited. DESIGN 11/15/2021 REV. .01 00/00/2021 12XXX1 INWARD SWING GATE 3/8" = 1' - 0" KEY NOTES: 1. ALL CONDUIT & POWER WIRE TO BE FURNISHED AND INSTALLED BY OTHERS. 2. CONDUIT SHOWN FOR REFERENCE ONLY, ACTUAL LAYOUT BY OTHERS. 3.FINAL HOOK UP BY A&D 4. ACTUAL OPENING SIZE TO BE DETERMINED BY FIELD VISIT AND MEASUREMENTS. 5. FINISH: TO BE DETERMINED CONDUIT/LOOP LEGEND HIGH VOLTAGE POWER LOW VOLTAGE POWER LOOPS & LEADS GRID CELLGATE 450 ON GOOSENECK @ 18' BEFORE GATE LINE / FIRE KEY SWITCH GATE LOOP SYSTEM GATE OPERATOR TYPICAL 6" x 6" POST / TAGMASTER LONG RANGE READER/ PHOTO BEAM PHOTO EYE5' FENCING 9' FENCING 1"" HIGH VOLTAGE CONDUIT 1" LOW VOLTAGE CONDUIT OUTSIDE OBSTRUCTION LOOP INSIDE OBSTRUCTION LOOP 4'-0" X 22'-0" FREE EXIT LOOP 4'-0" X 22'-0" 4'-0" X 22'-0" SHADOW LOOP 4'-0" X 22'-0" SEE ELECTRICAL PLAN FOR CONDUIT AND PULL BOX LOCATIONS (NOTE: PULL BOXES NOT SHOWN ON THIS DRAWING) WITH LIGHT. COMMUNICATION VIA CAT-5 CABLE FROM MAINTENANCE BUILDING. 1" POWER FOR LIGHTING 1" SPARE (FUTURE ELEC) SEE ELECTRICAL PLAN FOR CONDUIT AND PULL BOX LOCATIONS (NOTE: PULL BOXES NOT SHOWN ON THIS DRAWING) 1" HIGH VOLTAGE CONDUIT 1" COMMUNICATION CONDUIT 1" SPARE (FUTURE ELEC) 1" POWER FOR LIGHTING 1" COMMUNICATION CONDUIT SEE ELECTRICAL PLAN FOR CONDUIT AND PULL BOX LOCATIONS (NOTE: PULL BOXES NOT SHOWN ON THIS DRAWING) 1" COMMUNICATION 5' FENCING (FIELD CONFIRM) 9' FENCING (FIELD CONFIRM) LOW VOLTAGE (COMM) 1/17/2023 SAM P L E AD.E- 1 CU P E R T I N O S E R V I C E C E N T E R AD D R E S S CI T Y , C A IN W A R D S W I N G G A T E O. S . L . I . A& D A u t o m a t i c G a t e An d A c c e s s 81 0 W A R R I N G T O N A V E . RE D W O O D C I T Y , C A 9 4 0 6 3 (6 5 0 ) 3 6 5 - 8 8 2 8 REVISIONS DATE:11/15/2021 DRAWN BY: J. BLANDINO SCALE: NOT TO SCALE JOB NO: SHEET Copyright © 2020 A&D Automatic Gate and Access. Reproduction and distribution of these plans without written permission is prohibited. DESIGN 11/15/2021 REV. .01 00/00/2021 12XXX KEY NOTES: 1. ALL CONDUIT & POWER WIRE TO BE FURNISHED AND INSTALLED BY OTHERS. 2. CONDUIT SHOWN FOR REFERENCE ONLY, ACTUAL LAYOUT BY OTHERS. 3. FINAL HOOK UP BY A&D 4. ACTUAL OPENING SIZE TO BE DETERMINED BY FIELD VISIT AND MEASUREMENTS. 5. FINISH: TO BE DETERMINED CONDUIT/LOOP LEGEND HIGH VOLTAGE POWER LOW VOLTAGE POWER LOOPS & LEADS GRID 1 INWARD SWING GATE N.T.S. 9'14'14'5' ± 42'-6" 2" 7' LOW VOLTAGE (COMM) 1/17/2023 FENCING(FIELD CONFIRM) FENCING(FIELD CONFIRM) PUBLIC WORKS DEPARTMENT 10300 TORRE AVENUE CUPERTINO, CALIFORNIA 95014 PROJECT MANUAL FOR THE SERVICE CENTER SECURITY GATE PROJECT 10555 MARY AVENUE Bid Date: March 23, 2023 at 2:00pm Project Number: 2023-103 PROJECT MANUAL FOR SERVICE CENTER SECURITY GATE PROJECT PROJECT NO. 2023-103 REVIEWED BY: _________________________ Jimmy Tan, P.E. Assistant Public Works Director - Operations APPROVED BY: _________________________ Chad Mosley, P.E. Interim Director of Public Works PROJECT DIRECTORY Project Name: Service Center Security Gate Project Project Number: 2023-103 Location: 10555 Mary Avenue., Cupertino, CA 95014 City Representative: City of Cupertino Jimmy Tan, P.E. Assistant Director of Public Works - Operations 10555 Mary Avenue Cupertino, CA 95014 PH: (408) 777-3248 e-mail: jimmyt@cupertino.org Address for Stop Notices: City of Cupertino Jimmy Tan, P.E. Assistant Director of Public Works - Operations 10555 Mary Avenue Cupertino, CA 95014 PH: (408) 777-3248 e-mail: jimmyt@cupertino.org Engineer of Record: Freyer & Laureta, Inc. Richard J. Laureta, P.E. 150 Executive Park Blvd, Suite 4200 San Francisco, CA 94134 PH: (415) 530-7070 Email: laureta@freyerlaureta.com SEALS PAGE The Technical Specifications and Plans have been prepared by or under the direction of the following person(s). Richard J. Laureta, P.E. Freyer & Laureta, Inc. i TABLE OF CONTENTS SERVICE CENTER SECURITY GATE PROJECT ......................................................................... 1 PROJECT DIRECTORY .............................................................................................................. 3 TABLE OF CONTENTS ............................................................................................................ i Notice Inviting Bids .......................................................................................................................... 1 Instructions to Bidders ..................................................................................................................... 3 Bid Proposal .................................................................................................................................... 9 Bid Schedule .................................................................................................................................. 11 Measurement and Payment........................................................................................................... 12 Subcontractor List .......................................................................................................................... 15 Noncollusion Declaration ............................................................................................................... 16 Bid Bond ........................................................................................................................................ 17 Bidder’s Questionnaire .................................................................................................................. 19 Contract ......................................................................................................................................... 22 Payment Bond ............................................................................................................................... 26 Performance Bond ......................................................................................................................... 28 General Conditions ........................................................................................................................ 30 Article 1 - Definitions .................................................................................................................. 30 Article 2 - Roles and Responsibilities ......................................................................................... 33 2.1 City. ............................................................................................................................ 33 2.2 Contractor. ................................................................................................................. 34 2.3 Subcontractors. .......................................................................................................... 36 2.4 Coordination of Work. ................................................................................................ 37 2.5 Submittals. ................................................................................................................. 38 2.6 Shop Drawings. ......................................................................................................... 38 2.7 Access to Work. ......................................................................................................... 39 2.8 Personnel. .................................................................................................................. 39 Article 3 - Contract Documents .................................................................................................. 39 3.1 Interpretation of Contract Documents. ....................................................................... 39 3.2 Order of Precedence. ................................................................................................ 40 3.3 Caltrans Standard Specifications .............................................................................. 41 3.4 For Reference Only. .................................................................................................. 41 3.5 Current Versions. ....................................................................................................... 41 3.6 Conformed Copies. .................................................................................................... 42 3.7 Ownership .................................................................................................................. 42 Article 4 - Bonds, Indemnity, and Insurance .............................................................................. 42 ii 4.1 Payment and Performance Bonds. ............................................................................ 42 4.2 Indemnity. .................................................................................................................. 42 4.3 Insurance ................................................................................................................... 43 Article 5 - Contract Time ............................................................................................................ 45 5.1 Time is of the Essence .............................................................................................. 45 5.2 Schedule Requirements. ........................................................................................... 45 5.3 Delay and Extensions of Contract Time. ................................................................... 47 5.4 Liquidated Damages .................................................................................................. 51 Article 6 - Contract Modification ................................................................................................. 51 6.1 Contract Modification. ................................................................................................ 51 6.2 Contractor Change Order Requests. ......................................................................... 53 6.3 Adjustments to Contract Price. .................................................................................. 54 6.4 Unilateral Change Order. ........................................................................................... 54 6.5 Non-Compliance Deemed Waiver. ............................................................................ 55 Article 7 - General Construction Provisions ............................................................................... 55 7.1 Permits, Fees, Business License, and Taxes. .......................................................... 55 7.2 Temporary Facilities. ................................................................................................. 55 7.3 Noninterference and Site Management ..................................................................... 55 7.4 Signs. ......................................................................................................................... 56 7.5 Project Site and Nearby Property Protections. .......................................................... 56 7.6 Materials and Equipment. .......................................................................................... 58 7.7 Substitutions. ............................................................................................................. 58 7.8 Testing and Inspection............................................................................................... 59 7.9 Project Site Conditions and Maintenance.................................................................. 60 7.10 Instructions and Manuals. .......................................................................................... 62 7.11 As-built Drawings. ...................................................................................................... 62 7.12 Existing Utilities. ......................................................................................................... 62 7.13 Notice of Excavation. ................................................................................................. 63 7.14 Trenching and Excavations of Four Feet or More. .................................................... 63 7.15 Trenching of Five Feet or More. ................................................................................ 64 7.16 New Utility Connections. ............................................................................................ 64 7.17 Lines and Grades. ..................................................................................................... 64 7.18 Historic or Archeological Items. ................................................................................. 64 7.20 Noise Control. ............................................................................................................ 65 7.21 Mined Materials. ........................................................................................................ 65 Article 8 - Payment ..................................................................................................................... 65 8.1 Schedule of Values. ................................................................................................... 65 8.2 Progress Payments ................................................................................................... 66 iii 8.3 Adjustment of Payment Application ........................................................................... 66 8.4 Early Occupancy. ....................................................................................................... 67 8.5 Retention. .................................................................................................................. 67 8.6 Payment to Subcontractors and Suppliers. ............................................................... 68 8.7 Final Payment. ........................................................................................................... 68 8.8 Release of Claims. ..................................................................................................... 68 8.9 Warranty of Title. ....................................................................................................... 69 Article 9 - Labor Provisions ........................................................................................................ 69 9.1 Discrimination Prohibited. .......................................................................................... 69 9.2 Labor Code Requirements. ....................................................................................... 69 9.3 Prevailing Wages ....................................................................................................... 69 9.4 Payroll Records. ........................................................................................................ 70 9.5 Labor Compliance ...................................................................................................... 70 Article 10 - Safety Provisions ..................................................................................................... 70 10.1 Safety Precautions and Programs ............................................................................. 70 10.2 Hazardous Materials .................................................................................................. 71 10.3 Material Safety. .......................................................................................................... 71 10.4 Hazardous Condition. ................................................................................................ 71 10.5 Emergencies. ............................................................................................................. 72 Article 11 - Completion and Warranty Provisions ...................................................................... 72 11.1 Final Completion. ....................................................................................................... 72 11.2 Warranty. ................................................................................................................... 73 11.3 Use Prior to Final Completion. ................................................................................... 74 11.4 Substantial Completion. ............................................................................................. 74 Article 12 - Dispute Resolution ................................................................................................... 74 12.1 Claims. ....................................................................................................................... 74 12.2 Claims Submission .................................................................................................... 75 12.3 City’s Response. ........................................................................................................ 77 12.4 Meet and Confer. ....................................................................................................... 77 12.5 Mediation and Government Code Claims. ................................................................. 78 12.6 Tort Claims. ............................................................................................................... 78 12.7 Arbitration. ................................................................................................................. 78 12.8 Burden of Proof and Limitations. ............................................................................... 78 12.9 Legal Proceedings. .................................................................................................... 78 12.10 Other Disputes ....................................................................................................... 79 Article 13 - Suspension and Termination ................................................................................... 79 13.1 Suspension for Cause. .............................................................................................. 79 13.2 Suspension for Convenience. .................................................................................... 79 iv 13.3 Termination for Default. ............................................................................................. 80 13.4 Termination for Convenience. ................................................................................... 81 13.5 Actions Upon Termination for Default or Convenience. ............................................ 82 Article 14 - Miscellaneous Provisions ........................................................................................ 83 14.1 Assignment of Unfair Business Practice Claims. ...................................................... 83 14.2 Provisions Deemed Inserted. .................................................................................... 83 14.3 Waiver. ....................................................................................................................... 83 14.4 Titles, Headings, and Groupings. .............................................................................. 83 14.5 Statutory and Regulatory References. ...................................................................... 83 14.6 Survival. ..................................................................................................................... 83 Special Conditions ..................................................................................................................... 84 1. Authorized Work Days and Hours. ................................................................................ 84 6. Close Out Requirements. .............................................................................................. 86 7. NOT USED .................................................................................................................... 87 8. Lines and Grades Verification ....................................................................................... 87 9. Notification of Residents, Schools and Businesses. ..................................................... 87 SAMPLE NOTICE: ................................................................................................................. 88 TECHNICAL SPECIFICATIONS………………………………………………………………..………89 Service Center Security Gate Project 2021 Form NOTICE INVITING BIDS 2023-103 Page 1 Notice Inviting Bids 1.Bid Submission. City of Cupertino (“City”) will accept electronically submitted bids for its Service Center Security Gate Project (“Project”), by or before Thursday, March 23, 2023 at 2:00pm, at https://apps.cupertino.org/bidmanagement/index.aspx, via electronic submission to the City’s “Business Opportunities” online portal in the manner set forth in Section 1 of the Instructions to Bidders, at which time the bids will be opened by the City. 2.Project Information. 2.1 Location and Description. The Project is located at 10555 Mary Avenue, Cupertino, CA 95014 and is described as follows: Installation of a new Service Center motorized gate, power and communications to the gate, demolition and removal of existing gate, and repaving of the Service Center driveway and smaller areas within the Service Center yard. 2.2 Time for Final Completion. The Project must be fully completed within 120 calendar days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about June 1, 2023, but the anticipated start date is provided solely for convenience and is neither certain nor binding. 2.3 Estimated Cost. The estimated construction cost is $320,000 3.License and Registration Requirements. 3.1 License. This Project requires a valid California contractor’s license for the following classification(s): “A” General Engineering. 3.2 DIR Registration. City may not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 4.Contract Documents. The plans, specifications, bid forms and contract documents for the Project, and any addenda thereto (“Contract Documents”) are available in electronic form only from City’s website located at: https://apps.cupertino.org/bidmanagement/index.aspx. 5.Bid Security. Each bidder must submit bid security equal to ten percent of the maximum bid amount, in the form of a cashier’s or certified check made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents, in the manner set forth in Section 4 of the Instructions to Bidders. The bid security must guarantee that within ten days after City issues the Notice of Potential Award, the successful bidder will execute the Contract and submit the payment and performance bonds, insurance certificates and endorsements, and any other submittals required by the Contract Documents and as specified in the Notice of Potential Award. 6.Prevailing Wage Requirements. 6.1 General. Pursuant to California Labor Code § 1720 et seq., this Project is subject to the prevailing wage requirements applicable to the locality in which the Work is Service Center Security Gate Project 2021 Form NOTICE INVITING BIDS 2023-103 Page 2 to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. 6.2 Rates. These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. 6.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code § 1771.4. 7. Performance and Payment Bonds. The successful bidder will be required to provide performance and payment bonds, each for 100% of the Contract Price, as further specified in the Contract Documents. 8. Substitution of Securities. Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted under Public Contract Code § 22300. 9. Subcontractor List. Each Subcontractor must be registered with the DIR to perform work on public projects. Each bidder must submit a completed Subcontractor List form with its Bid Proposal, including the name, location of the place of business, California contractor license number, DIR registration number, and percentage of the Work to be performed (based on the base bid price) for each Subcontractor that will perform Work or service or fabricate or install Work for the prime contractor in excess of one-half of 1% of the bid price, using the Subcontractor List form included with the Contract Documents. 10. Non-Mandatory Bidders’ Conference. A non-mandatory bidders’ conference will be held on Thursday, March 9, 2023 at 10:00 a.m. to 11:30 a.m., at the following location: start at the lobby of the Service Center Building, 10555 Mary Avenue, Cupertino, CA to acquaint all prospective bidders with the Contract Documents and the Worksite. 11. Instructions to Bidders. All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a Bid Proposal. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, as defined therein, including this Notice Inviting Bids. By: ___________________________________ Date: ________________ Kristen Squarcia, City Clerk Publication Date: <___________________> END OF NOTICE INVITING BIDS Service Center Security Gate Project 2021 Form INSTRUCTIONS TO BIDDERS 2023-103 Page 3 Instructions to Bidders Each Bid Proposal submitted to the City of Cupertino (“City”) for its Service Center Security Gate Project (“Project”) must be submitted in accordance with the following instructions and requirements: 1. Bid Submission. 1.1 General. Each Bid Proposal must be signed and submitted to City, using the form provided in the Contract Documents, by or before the date and time set forth in Section 1 of the Notice Inviting Bids, or as amended by subsequent addendum, via electronic submission only as specified below in Section 1.2. Faxed, hand delivered, mailed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will not be considered. City reserves the right to postpone the date or time for receiving or opening bids. Each bidder is solely responsible for all of its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance and overhead. 1.2 Electronic Submission. The Bid Proposal and all required forms and attachments must be submitted in PDF format on the City’s “Business Opportunities” portal at https://apps.cupertino.org/bidmanagement/index.aspx. To submit a bid, (1) select the folder icon in the “Actions” column for the Project; (2) select the “Electronic Submission” tab; (3) when the log-in screen appears, enter the log-in credentials used to access the Contract Documents and/or create an account, as appropriate; (4) after logging in, carefully follow all instructions for electronic submission of the Bid Proposal and all required forms and attachments. Each bidder should familiarize itself with the City’s “Business Opportunities” portal before the bid deadline. Electronic submission may take more time than anticipated. Each bidder should plan accordingly and afford itself ample time to upload its bid. Bids that are in the process of uploading but are not completely uploaded by the bid deadline will be automatically rejected by the portal. The portal will not allow submission after the bid deadline. On the next Working Day following the bid opening, the City will post the bid results to https://apps.cupertino.org/bidmanagement/index.aspx. 1.3 DIR Registration. Subject to limited legal exceptions for joint venture bids and federally-funded projects, City may not accept a Bid Proposal from a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code § 1725.5. If City is unable to confirm that the bidder is currently registered with the DIR, City may disqualify the bidder without opening its bid. (Labor Code §§ 1725.5 and 1771.1(a).) 2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed legibly using the Bid Proposal form included with the Contract Documents. The Bid Proposal form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible, and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,” “will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by a completed Subcontractor List and Non-Collusion Declaration using the Service Center Security Gate Project 2021 Form INSTRUCTIONS TO BIDDERS 2023-103 Page 4 forms included with the Contract Documents, a PDF copy of the bid security, and any additional forms required by the Notice Inviting Bids or Instructions to Bidders. In addition to submitting a PDF copy of the bid security, each bidder must also send the original form of bid security to the City, as set forth in Section 4, below. 3. Authorization and Execution. Each Bid Proposal must be signed by the bidder’s authorized representative. A Bid Proposal submitted by a partnership must be signed in the partnership name by a general partner with authority to bind the partnership. A Bid Proposal submitted by a corporation must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid Proposal, under California Corporation Code § 313. 4. Bid Security. Each bid must be guaranteed by bid security of ten percent of the maximum bid amount, in the form of a cashier’s or certified check made payable to the City, or bid bond using the form included in the Contract Documents and executed by a surety licensed to do business in the State of California. 4.1 Form of Security and Submission. In addition to submitting a PDF copy of the bid security, the wet-inked original bid bond, cashier’s or certified check, must be sent to the City via U.S. Mail or a reliable overnight delivery service in a sealed envelope addressed to City of Cupertino, Office of the City Clerk, 10300 Torre Avenue, Cupertino, CA 95014 and clearly labeled with the bidder’s legal name and address, the Project title, and date and time of the bid deadline. The envelope containing the original form of bid security must be postmarked or otherwise dated to show that it was submitted to the United States Postal Service or overnight delivery service by or before the date of the bid deadline. 4.2 Bid Guarantee. The bid security must guarantee that, within ten days after issuance of the Notice of Potential Award, the bidder will: execute and submit the enclosed Contract for the bid price; submit payment and performance bonds for 100% of the maximum Contract Price; and submit the insurance certificates and endorsements and any other submittals, if any, required by the Contract Documents or the Notice of Potential Award. A Bid Proposal may not be withdrawn for a period of 60 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code § 5100 et seq. 5. Bid Schedule. Each bidder must complete the Bid Schedule form with unit prices as indicated and submit the completed Bid Schedule with its Bid Proposal. 5.1 Incorrect Totals. In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount as the product of the estimated quantity and the unit cost. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the amount entered as the base bid on the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. Likewise, in the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this provision is intended to Service Center Security Gate Project 2021 Form INSTRUCTIONS TO BIDDERS 2023-103 Page 5 prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code § 5100 et seq. 5.2 Estimated Quantities. The quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price, and without regard to the percentage increase or decrease of the estimated quantity and the actual quantity. 6. Subcontractor Work Limits. The prime contractor must perform at least 50% of the Work on the Project, calculated as a percentage of the base bid price, with its own forces, except for any Work identified as “Specialty Work” in the Contract Documents. The total bid amount for any such Specialty Work, as shown on the Bid Schedule, may be deducted from the base bid price before computing the 50% self-performance requirement. The remaining Work may be performed by qualified Subcontractor(s). 7. Bidder’s Questionnaire. A completed, signed Bidder’s Questionnaire using the form provided with the Contract Documents and including all required attachments must be submitted within 48 hours following a request by City. A bid that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non-responsible. 8. Pre-Bid Investigation. 8.1 General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documents, examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid Proposal. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to the public at large, bidders may not enter property owned or leased by the City or the Project site without prior written authorization from City. 8.2 Document Review. Each bidder is responsible for review of the Contract Documents and any informational documents provided “For Reference Only,” e.g., as-builts, technical reports, test data, and the like. A bidder is responsible for notifying City of any errors, omissions, inconsistencies, or conflicts it discovers in the Contract Documents, acting solely in its capacity as a contractor and subject to the limitations of Public Contract Code § 1104. Notification of any such errors, omissions, inconsistencies, or conflicts must be submitted in writing to the City no later than five Working Days before the scheduled bid opening. (See Section 5, above.) City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City. 8.3 Project Site. Questions regarding the availability of soil test data, water table elevations, and the like should be submitted to the City in writing, as specified in Section 5, above. Any subsurface exploration at the Project site must be done at the bidder’s expense, but only with prior written authorization from City. All soil data Service Center Security Gate Project 2021 Form INSTRUCTIONS TO BIDDERS 2023-103 Page 6 and analyses available for inspection or provided in the Contract Documents apply only to the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The bidder is responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during Project construction will not be considered changed Project site conditions. Actual locations and depths must be determined by bidder’s field investigation. The bidder may request access to underlying or background information on the Project site in City’s possession that is necessary for the bidder to form its own conclusions, including, if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures. 8.4 Utility Company Standards. The Project must be completed in a manner that satisfies the standards and requirements of any affected utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the third party utility owners to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the affected third party utility owners about their requirements before submitting a Bid Proposal. 9. Bidders Interested in More Than One Bid. No person, firm, or corporation may submit or be a party to more than one Bid Proposal unless alternate bids are specifically called for. However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders. 10. Requests for Information. Questions or requests for clarifications regarding the Project, the bid procedures, or any of the Contract Documents must be submitted in writing to Jimmy Tan, at JimmyT@cupertino.org. Oral responses are not authorized and are not binding on the City. Bidders should submit any such written inquiries at least five Working Days before the scheduled bid opening. Questions received any later might not be addressed before the bid deadline. An interpretation or clarification by City in response to a written inquiry will be issued in an addendum. 11. Addenda. Any addenda issued prior to the bid opening are part of the Contract Documents. Subject to the limitations of Public Contract Code § 4104.5, City reserves the right to issue addenda prior to bid time. Each bidder is solely responsible for ensuring it has received and reviewed all addenda prior to submitting its bid. Bidders should check City’s website periodically for any addenda or updates on the Project at: http://www. cupertino.org/our-city/departments/public-works/city-construction-projects- capital-improvement-projects. 12. Brand Designations and “Or Equal” Substitutions. Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution. A request for substitution must be submitted within 35 days after Notice of Potential Award unless otherwise provided in the Contract Documents. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code § 3400(c). Service Center Security Gate Project 2021 Form INSTRUCTIONS TO BIDDERS 2023-103 Page 7 13. Bid Protest. Any bid protest against another bidder must be submitted in writing and received by City at 10555 Mary Avenue., Cupertino, CA 95014, Attn: Jimmy Tan or sent via email at JimmyT@cupertino.org before 5:00 p.m. no later than two Working Days following the date upon which the City posts the bid results (“Bid Protest Deadline”) and must comply with the following requirements: 13.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by City, the protesting bidder must submit a non-refundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section 10, a “Working Day” means a day that City is open for normal business, and excludes weekends and holidays observed by City. Pursuant to Public Contract Code § 4104, inadvertent omission of a Subcontractor’s DIR registration number on the Subcontractor List form is not grounds for a bid protest, provided it is corrected within 24 hours of the bid opening or as otherwise provided under Labor Code § 1771.1(b). 13.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and must include all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person submitting the protest on behalf of or as an authorized representative of the protesting bidder. 13.3 Copy to Protested Bidder. Upon submission of its bid protest to City, the protesting bidder must also concurrently transmit the protest and all supporting documents to the protested bidder, and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest, by email or hand delivery to ensure delivery before the Bid Protest Deadline. 13.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within two Working Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must attach all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person responding on behalf of or representing the protested bidder if different from the protested bidder. 13.5 Copy to Protesting Bidder. Upon submission of its response to the bid protest to the City, the protested bidder must also concurrently transmit by email or hand delivery, by or before the Response Deadline, a copy of its response and all supporting documents to the protesting bidder and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. Service Center Security Gate Project 2021 Form INSTRUCTIONS TO BIDDERS 2023-103 Page 8 13.6 Exclusive Remedy. The procedure and time limits set forth in this Section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings. 13.7 Right to Award. City reserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit, to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to Proceed with the Work notwithstanding any pending or continuing challenge to its determination. 14. Reservation of Rights. City reserves the unfettered right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities; to accept or reject any or all bids; to cancel or reschedule the bid; to postpone or abandon the Project entirely; or to perform all or part of the Work with its own forces. The Contract will be awarded, if at all, within 60 days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid. Any planned start date for the Project represents the City’s expectations at the time the Notice Inviting Bids was first issued. City is not bound to issue a Notice to Proceed by or before such planned start date, and it reserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. The City expressly disclaims responsibility for any assumptions a bidder might draw from the presence or absence of information provided by the City in any form. Each bidder is solely responsible for its costs to prepare and submit a bid, including site investigation costs. 15. Bonds. Within ten calendar days following City’s issuance of the Notice of Potential Award to the apparent low bidder, the bidder must submit payment and performance bonds to City as specified in the Contract Documents using the bond forms included in the Contract Documents. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable. 16. License(s). The successful bidder and its Subcontractor(s) must possess the California contractor’s license(s) in the classification(s) required by law to perform the Work. The successful bidder must also obtain a City business license within 30 days following City’s issuance of the Notice of Potential Award. Subcontractors must also obtain a City business license before performing any Work. 17. Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public works project under Labor Code §§ 1777.1 or 1777.7 is prohibited from performing work on the Project. 18. Safety Orders. If the Project includes construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid must include a bid item for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which comply with safety orders as required by Labor Code § 6707. END OF INSTRUCTIONS TO BIDDERS Service Center Security Gate Project 2021 Form BID PROPOSAL 2023-103 Page 9 Bid Proposal Service Center Security Gate Project ______________________________________________________ (“Bidder”) hereby submits this Bid Proposal to City of Cupertino (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice. 1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead for the following price (“Base Bid”): $_______________________________________________________. 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda: Addendum: Date Received: Addendum: Date Received: #01 _____________ #05 _____________ #02 _____________ #06 _____________ #03 _____________ #07 _____________ #04 _____________ #08 _____________ 3. Bidder’s Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following: 3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code § 1104. 3.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location. 3.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time. 3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid. All statements and information provided in this Bid Proposal and enclosures are true and correct to the best of Bidder’s knowledge. 3.5 Nondiscrimination. In preparing this Bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status. Service Center Security Gate Project 2021 Form BID PROPOSAL 2023-103 Page 10 3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded the Contract for the Project, within ten days following issuance of the Notice of Potential Award to Bidder, Bidder will do all of the following: 4.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents; 4.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; and 4.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents. 5. Bid Security. As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms (check one): ____ A cashier’s check or certified check payable to City and issued by _______________________________ [Bank name] in the amount of $____________________________. ____ A bid bond, using the Bid Bond form included with the Contract Documents, payable to City and executed by a surety licensed to do business in the State of California. This Bid Proposal is hereby submitted on _________________________, 20__. s/ ___________________________________ ______________________________________ Name and Title s/ ___________________________________ ______________________________________ [See Section 3 of Instructions to Bidders] Name and Title _____________________________________ ______________________________________ Company Name License #, Expiration Date, and Classification _____________________________________ ______________________________________ Address DIR Registration # _____________________________________ ______________________________________ City, State, Zip Phone _____________________________________ ______________________________________ Contact Name Contact Email END OF BID PROPOSAL Service Center Security Gate Project 2021 Form BID SCHEDULE 2023-103 Page 11 Bid Schedule This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs) BID ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT 1 Mobilization and Demobilization 1 LS $ $ 2 Traffic Control and General Safety Measures 1 LS $ $ 3 Storm Water Pollution and Dust Control 1 LS $ $ 4 Site Demolition 1 LS $ $ 5 Four – 1” Conduit Section (Directional Drilling) 145 LF $ $ 6 Four – 1” Conduit Section (Open Trench) 55 LF $ $ 7 Three – 1” Conduit Section (Open Trench) 50 LF $ $ 8 Two – 1” Conduit Section (Open Trench) 30 LF $ $ 9 Pull Boxes 12 EA $ $ 10 AC Pavement 240 TON $ $ 11 Class II Aggregate Base 225 TON $ $ 12 Security Gate and Side Fencing (Complete in place, Fully operational) 1 LS $ $ 13 Communication and Electrical Wiring 1 LS $ $ TOTAL BASE BID: Items 1 through 13 inclusive: $_____________________________________ Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form. BIDDER NAME: ________________________________________________________________ END OF BID SCHEDULE Service Center Security Gate Project 2021 Form MEASUREMENT AND PAYMENT 2023-103 Page 12 Measurement and Payment Payment for the various items of the Bid Schedule, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the Work all in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including all costs of permits and cost of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefore shall be included in the prices named in the Bid Schedule for the various appurtenant items of work. Bid Item 1 Mobilization and Demobilization The contract lump-sum price paid for Bid Item No. 1, Mobilization and Demobilization, shall include full compensation for furnishing all labor, materials, tools and equipment, tree protection, temporary facilities, movement onto the sites, sanitation facilities, cost of bonds, and insurances for both the prime and subcontractors, removal of temporary facilities at the completion of the projects, and all other related mobilization and demobilization costs. Mobilization bid price shall not exceed ten percent (10%) of the total bid. Payment for this Item 1 shall be made as follows: A. Fifty percent (50%) of the mobilization bid price, less retention, will be paid on the initial billing, provided that all equipment is on-site and bond insurance fees are paid. B. Forty percent (40%) of the mobilization bid price, less retention, will be paid on a prorated basis during the remaining life of the contract. C. Ten percent (10%) of the mobilization bid price, plus any remaining amount left from the prorated payments, less retention, will be paid upon satisfactory completion of punch list items, cleaning up, and removal of all temporary facilities and equipment from the project sites. Bid Item 2 Traffic Control and General Safety Measures The contract lump-sum price paid for Bid Item No. 2, Traffic Control and General Safety Measures, shall constitute the full compensation for all labor, materials, tools, and equipment required to provide a safe working environment above ground for both workers and the general public through effective use of traffic control devices, including, but not limited to, preparation of traffic control plans, notices, signs, barricades, delineators, sign relocations, flag holders, as specified in these specifications, and as required by the City. Contractor must prepare and submit a Traffic Control Plan to the City for review and approval before the beginning of construction. No payment for traffic control will be made until the Contractor has developed and submitted to the City a satisfactory traffic control plan. Contractor shall prepare to keep one lane open at all times where possible, determined at the discretion of the City. Bid Item 3 Storm Water Pollution and Dust Control The contract lump sum price paid for Storm Water Pollution and Dust Control shall constitute full compensation for furnishing all labor, equipment, materials, and incidentals for doing all work involved in Service Center Security Gate Project 2021 Form MEASUREMENT AND PAYMENT 2023-103 Page 13 Storm Water Pollution Prevention Measures and Dust Control, including the maintenance of all storm water pollution prevention and erosion control measures through project completion. Bid Item 4 Site Demolition The contract lump-sum price paid for Bid Item No. 4, Site Demolition, shall constitute the full compensation for all labor, materials, tools, and equipment required for demolition and disposal of surplus material including existing gate, pavements, soil, protection of existing facilities; protection of all trees, and no additional compensation shall be allowed therefore. Bid Item 5 Four – 1” Conduit Section (Directional Drilling) The contract price measured and paid on a per lineal foot basis for Bid Item No. 5, shall constitute the full compensation for furnishing all labor, materials, tools, and equipment to furnish and install the new conduit by horizontal directional drilling including; drilling pilot hole, drilling through natural obstructions, furnishing and installing the new conduit and wire pulls, drilling fluids; connecting the conduit to the pull boxes; protection of trees; avoiding existing utilities; excavation and backfilling of insertion pit, all fittings, off-haul and disposal of all excess material, and all other tasks and costs incidental and necessary to complete the item as specified herein. Bid Item 6 through 8 Four – 1” Conduit Section, Three – 1” Conduit Section, and Two – 1” Conduit Section (Open Trench) The contract price measured and paid on a per lineal foot basis for Bid Items No. 6 through 8, shall constitute the full compensation for furnishing all labor, materials, tools, and equipment to furnish and install 1” conduits including, but is not limited to, furnishing and installing new conduit and wire pulls, verifying and confirming location of existing utilities prior to excavation, saw cutting pavement and curb and gutter, protection of trees; trenching, excavation, hand digging and/or vacuum excavating carefully around existing underground utilities, temporary support for utilities crossings, bedding and compaction, restoration of pavement and concrete surfaces, off-haul and disposal of all excess material, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. Bid Item 9 Pull Boxes The contract price measured and paid on a per each basis for Bid Item No. 9, shall constitute the full compensation for furnishing all labor, materials, tools, and equipment to furnish and install conduit pull boxes, including, but is not limited to, verifying and confirming location of existing utilities prior to excavation, saw cutting pavement and curb and gutter, trenching, excavation, hand digging and/or vacuum excavating carefully around existing underground utilities, temporary support for utilities crossings, preparation of subgrade, placement of bedding and compaction, installing of pull boxes, connecting conduit, backfill and compaction, restoration of pavement and concrete surfaces, off-haul and disposal of all excess material, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. Bid Item 10 AC Pavement The contract price measured and paid on per ton basis for Bid Item No. 10, shall constitute the full compensation for furnishing all labor, materials, tools, and equipment to furnish and install all paved surfaces including sawcutting, asphalt pavement, placement of AC pavement in a phased manner not to disrupt traffic to and from service center, pavement markings and striping at least to the condition existing prior to the beginning of work or to a better condition or as directed by the City, adjusting to grade all existing utility structure rims, off-haul and disposal of all excess material, and all incidentals, dig out repairs on Service Center grounds as directed by the City, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. Service Center Security Gate Project 2021 Form MEASUREMENT AND PAYMENT 2023-103 Page 14 Bid Item 11 Class II Aggregate Base The contract price measured and paid on per ton basis for Bid Item No. 11, shall constitute the full compensation for furnishing all labor, materials, tools, and equipment to furnish and install Class II aggregate base including furnishing and placement of Class II AB in a phased manner not to disrupt traffic to and from service center compaction of aggregate base and subgrade, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. Bid Item 12 Security Gate and Side Fencing The contract lump-sum price paid for Bid Item No. 12, shall constitute the full compensation for furnishing all labor, materials, tools, and equipment to furnish and install new security gate and side fencing, concrete foundations for new gate and side fencing, motors, gate operator, long range reader/photo beam, call box with light to illuminate area, photo eye, loops, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. Bid Item 13 Communication and Electrical Wiring The contract lump-sum price paid for Bid Item No. 13, shall constitute the full compensation for furnishing all labor, materials, tools, and equipment to furnish and install new electrical wiring, breakers, communication wires/cables, communication wiring/cable through building to panel, all connections to electrical and communication panels to provide fulling functioning gate and communication, coordination with City staff, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City to provide a fully functioning motor controlled gate with communications. END OF MEASUREMENT AND PAYMENT Service Center Security Gate Project 2021 Form SUBCONTRACTOR LIST 2023-103 Page 15 Subcontractor List For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Contract Price,1 the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. DESCRIPTION OF WORK SUBCONTRACTOR NAME CALIFORNIA CONTRACTOR LICENSE NO. LOCATION OF BUSINESS DIR REG. NO. PERCENT OF WORK END OF SUBCONTRACTOR LIST 1 For street or highway construction this requirement applies to any subcontract of $10,000 or more. Service Center Security Gate Project 2021 Form BID BOND 2023-103 Page 16 Noncollusion Declaration TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the __________________________ [title] of _____________________________________ [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.C § 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________________________ [city], _______ [state]. s/________________________________________ __________________________________________ Name [print] END OF NONCOLLUSION DECLARATION Service Center Security Gate Project 2021 Form BID BOND 2023-103 Page 17 Bid Bond ________________________________________________________ (“Bidder”) has submitted a bid, dated ___________________________, 20______ (“Bid”), to City of Cupertino (“City”) for work on the Service Center Security Gate Project (“Project”). Under this duly executed bid bond (“Bid Bond”), Bidder as Principal and ______________________________, its surety (“Surety”), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the “Bond Sum”). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows: 1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid. 2. Submittals. Within ten days following issuance of the Notice of Potential Award to Bidder, Bidder must submit to City the following: 2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents (“Contract Documents”); 2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents; 2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; and 2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents, and any other documents required by the Instructions to Bidders or Notice of Potential Award. 3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for 60 days following the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code §§ 2819 and 2845. [Signatures are on the following page.] Service Center Security Gate Project 2021 Form BID BOND 2023-103 Page 18 This Bid Bond is entered into and effective on ___________________, 20_____. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) BIDDER: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title END OF BID BOND Service Center Security Gate Project 2021 Form BIDDER’S QUESTIONNAIRE 2023-103 Page 19 Bidder’s Questionnaire SERVICE CENTER SECURITY GATE PROJECT Within 48 hours following a request by City, a bidder must submit to City a completed, signed Bidder’s Questionnaire using this form and all required attachments, including clearly labeled additional sheets as needed. City may request the Questionnaire from one or more of the apparent low bidders following the bid opening, and may use the completed Questionnaire as part of its investigation to evaluate a bidder’s qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid. Part A: General Information Bidder Business Name: _______________________________________________ (“Bidder”) Check One: ___ Corporation (State of incorporation: ___________________) ___ Partnership ___ Sole Proprietorship ___ Joint Venture of: __________________________________ ___ Other: ___________________________________________ Main Office Address and Phone: ______________________________________ ________________________________________________________________ Local Office Address and Phone: _____________________________________ ________________________________________________________________ Website address: __________________________________________________ Owner of Business: ________________________________________________ Contact Name and Title: _____________________________________________ Contact Phone and Email: ___________________________________________ Bidder’s California Contractor’s License Number(s): _______________________ Bidder’s DIR Registration Number: ____________________________________ Part B: Bidder Experience 1. How many years has Bidder been in business under its present business name? ____ years 2. Has Bidder completed projects similar in type and size to this Project as a general contractor? _____ Yes _____ No 3. Has Bidder ever been disqualified from a bid on grounds that it is not responsible, or otherwise disqualified or disbarred from bidding under state or federal law? Service Center Security Gate Project 2021 Form BIDDER’S QUESTIONNAIRE 2023-103 Page 20 _____ Yes _____ No If yes, provide additional information on a separate sheet regarding the disqualification or disbarment, including the name and address of the agency or owner of the project, the type and size of the project, the reasons that Bidder was disqualified or disbarred, and the month and year in which the disqualification or disbarment occurred. 4. Has Bidder ever been terminated for cause, alleged default, or legal violation from a construction project, either as a general contractor or as a subcontractor? _____ Yes _____ No If yes, provide additional information on a separate sheet regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred. 5. Provide information about Bidder’s past projects performed as general contractor as follows: 5.1 Five most recently completed public works projects within the last three years; 5.2 Three largest completed projects within the last three years; and 5.3 Any project which is similar to this Project including scope and character of the work. 6. Use separate sheets to provide all of the following information for each project identified in response to the above three categories: 6.1 Project name, location, and description; 6.2 Owner (name, address, email, and phone number); 6.3 Prime contractor, if applicable (name, address, email, and phone number); 6.4 Architect or engineer (name, email, and phone number); 6.5 Project and/or construction manager (name, email, and phone number); 6.6 Scope of work performed (as general or as subcontractor); 6.7 Initial contract price and final contract price (including change orders); 6.8 Original scheduled completion date and actual date of completion; 6.9 Time extensions granted (number of days); 6.10 Number and amount of stop notices or mechanic’s liens filed; 6.11 Amount of any liquidated damages assessed against Bidder; and 6.12 Nature and resolution of any project-related claim, lawsuit, mediation, or arbitration involving Bidder. Part C: Safety 1. Provide Bidder’s Experience Modification Rate (EMR) for the last three years: Year EMR Service Center Security Gate Project 2021 Form BIDDER’S QUESTIONNAIRE 2023-103 Page 21 2. Complete the following, based on information provided in Bidder’s CalOSHA Form 300 or Form 300A, Annual Summary of Work-Related Illnesses and Injuries, from the most recent past calendar year: 2.1 Number of lost workday cases: ____ 2.2 Number of medical treatment cases: ____ 2.3 Number of deaths: ____ 3. Has Bidder ever been cited, fined, or prosecuted by any local, state, or federal agency, including OSHA, CalOSHA, or EPA, for violation of any law, regulation, or requirements pertaining to health and safety? _____ Yes _____ No If yes, provide additional information on a separate sheet regarding each such citation, fine, or prosecution, including the name and address of the agency or owner of the project, the type and size of the project, the reasons for and nature of the citation, fine, or prosecution, and the month and year in which the incident giving rise to the citation, fine, or prosecution occurred. 4. Name, title, and email for person responsible for Bidder’s safety program: _________________________________________ ______________________ Name Title Email Part D: Verification In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this Bidder’s Questionnaire on behalf of the named Bidder, and that all responses and information set forth in this Bidder’s Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: ______________________________ Date: ________________ By: _______________________________________________________________ Name and Title END OF BIDDER’S QUESTIONNAIRE Service Center Security Gate Project 2021 Form CONTRACT 2023-103 Page 22 Contract This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”) and _______________________________________ (“Contractor”), for work on the Service Center Security Gate Project (“Project”). The parties agree as follows: 1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On _____________, 20___, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment and Performance Bonds; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Potential Award; and 2.12 Notice to Proceed. 3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $___________________ (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 120 calendar days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion. 6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $2,000 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. Service Center Security Gate Project 2021 Form CONTRACT 2023-103 Page 23 7. Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Name: City of Cupertino Address: 10300 Torre Avenue City/State/Zip: Cupertino, CA 95014 Phone: (408) 777-3354 Service Center Security Gate Project 2021 Form CONTRACT 2023-103 Page 24 Attn: Jimmy Tan Email: JimmyT@cupertino.org Copy to: scinvoices@cupertino.org Contractor: Name:_____________________________________ Address:___________________________________ City/State/Zip:_______________________________ Phone:_____________________________________ Attn:_______________________________________ Email:______________________________________ Copy to:____________________________________ 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. [Signatures are on the following page] Service Center Security Gate Project 2021 Form CONTRACT 2023-103 Page 25 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title Date: ___________________________ Date: ______________________________ Attest: s/_______________________________ _________________________________ Name, Title Date: ___________________________ CONTRACTOR: ___________________________________________________ Business Name s/_______________________________ Seal: _________________________________ Name, Title Date: ____________________________ Second Signature (See Section 12.8): s/_______________________________ _________________________________ Name, Title Date: ____________________________ ___________________________________________________ Contractor’s California License Number(s) and Expiration Date(s) END OF CONTRACT Service Center Security Gate Project 2021 Form PAYMENT BOND 2023-103 Page 26 Payment Bond City of Cupertino (“City”) and ________________________ (“Contractor”) have entered into a contract for work on the Service Center Security Gate Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”). 1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Email: ____________________________________________________ 6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. [Signatures are on the following page.] Service Center Security Gate Project 2021 Form PAYMENT BOND 2023-103 Page 27 7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title END OF PAYMENT BOND Service Center Security Gate Project 2021 Form PERFORMANCE BOND 2023-103 Page 28 Performance Bond City of Cupertino (“City”) and __________________________ (“Contractor”) have entered into a contract for work on the Service Center Security Gate Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”). 1. General. Under this Bond, Contractor as Principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________ to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise, Surety’s obligations will remain in full force and effect. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed. 6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs. 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Service Center Security Gate Project 2021 Form PERFORMANCE BOND 2023-103 Page 29 Attn: _____________________________________________________ Address: __________________________________________________ PERFORMANCE BOND City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title END OF PERFORMANCE BOND Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 30 General Conditions Article 1 - Definitions Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day” or “working day.” Allowance means a specific amount that must be included in the Bid Proposal for a specified purpose. Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context. Change Order means a written document duly approved and executed by City, which changes the scope of Work, the Contract Price, or the Contract Time. City means the municipality which has entered into the Contract with Contractor for performance of the Work, acting through its City Council, officers, employees, City Engineer, and any other authorized representatives. City Engineer means the City Engineer for City and his or her authorized delegee(s). Claim means a separate demand by Contractor for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; or a written demand by Contractor objecting to the amount of Final Payment. Contract means the signed agreement between City and Contractor for performing the Work required for the Project, and all documents expressly incorporated therein. Contract Documents means, collectively, all of the documents listed as such in Section 2 of the Contract, including the Notice Inviting Bids; the Instructions to Bidders; addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Potential Award and Notice to Proceed; the payment and performance bonds; the General Conditions; the Special Conditions; the Project Plans and Specifications; any Change Orders; and any other documents which are clearly and unambiguously made part of the Contract Documents. The Contract Documents do not include documents provided “For Reference Only,” or documents that are intended solely to provide information regarding existing conditions. Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as may be amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, supplies or equipment following submission of the Bid Proposal. Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order. Contractor means the individual, partnership, corporation, or joint-venture that has signed the Contract with City to perform the Work. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 31 Day means a calendar day unless otherwise specified. Design Professional means the licensed individual(s) or firm(s) retained by City to provide architectural, engineering, or electrical engineering design services for the Project. If no Design Professional has been retained for this Project, any reference to Design Professional is deemed to refer to the Engineer. DIR means the California Department of Industrial Relations. Drawings has the same meaning as Plans. Engineer means the City Engineer for the City of Cupertino and his or her authorized delegees. Excusable Delay is defined in Section 5.3(B), Excusable Delay. Extra Work means new or unforeseen work added to the Project, as determined by the Engineer in his or her sole discretion, including Work that was not part of or incidental to the scope of the Work when the Contractor’s bid was submitted; Work that is substantially different from the Work as described in the Contract Documents at bid time; or Work that results from a substantially differing and unforeseeable condition. Final Completion means Contractor has fully completed all of the Work required by the Contract Documents to the City’s satisfaction, including all punch list items and any required commissioning or training, and has provided the City with all required submittals, including the instructions and manuals, product warranties, and as-built drawings. Final Payment means payment to Contractor of the unpaid Contract Price, including release of undisputed retention, less amounts withheld or deducted pursuant to the Contract Documents. Furnish means to purchase and deliver for the Project. Government Code Claim means a claim submitted pursuant to California Government Code § 900 et seq. Hazardous Materials means any substance or material identified now or in the future as hazardous under any Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws governing handling, disposal, or cleanup. Including, whether or not capitalized, means “including, but not limited to,” unless the context clearly requires otherwise. Inspector means the individual(s) or firm(s) retained or employed by City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all Laws. Install means to fix in place for materials, and to fix in place and connect for equipment. Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over any of the Work or any performance of the Work, including health and safety requirements. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 32 Non-Excusable Delay is defined in Section 5.3(D), Non-Excusable Delay. Plans means the City-provided plans, drawings, details, or graphical depictions of the Project requirements, but does not include Shop Drawings. Project means the public works project referenced in the Contract. Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer. Recoverable Costs is defined in Section 5.3(F), Recoverable Costs. Request for Information or RFI means Contractor’s written request for information about the Contract Documents, the Work or the Project, submitted to City in the manner and format specified by City. Section, when capitalized in these General Conditions, means a numbered section or subsection of the General Conditions, unless the context clearly indicates otherwise. Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of Contractor, and subject to City acceptance, which are intended to provide details for fabrication, installation, and the like, of items required by or shown in the Plans or Specifications. Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and that the Contractor is not qualified to selfperform. Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into the Contract by or on behalf of City, and does not include the Contract, General Conditions or Special Conditions. Subcontractor means an individual, partnership, corporation, or joint-venture retained by Contractor directly or indirectly through a subcontract to perform a specific portion of the Work. The term Subcontractor applies to subcontractors of all tiers, unless otherwise indicated by the context. A third party such as a utility performing related work on the Project is not a Subcontractor, even if Contractor must coordinate its Work with the third party. Technical Specifications has the same meaning as Specifications. Work means all of the construction and services necessary for or incidental to completing the Project in conformance with the requirements of the Contract Documents. Work Day or Working Day, whether or not capitalized, means a weekday when the City is open for business, and does not include holidays observed by the City. Note observance policy if the noted holidays below do not fall on a weekday. Holidays observed by the City and furlough days are: a. New Year’s Day, January 1; b. Martin Luther King Jr.’s Birthday, third Monday in January; Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 33 c. Lincoln’s Birthday, February 12; d. Presidents’ Day, third Monday in February; e. Memorial Day, last Monday in May; f. Juneteenth, July 19 g. Independence Day, July 4; h. Labor Day, first Monday in September; i. Veterans’ Day, November 11; j. Thanksgiving Day, as designated by the President; k. The Day following Thanksgiving Day; l. Christmas Day, December 25; m. City Closure, December 24, 26, 27,28,29,30 and 31: and n. Each day appointed by the Governor of California and formally recognized by the Santa Clara County Board of Supervisors as a day of mourning, thanksgiving, or special observance. Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging, storage, or fabrication. Article 2 - Roles and Responsibilities 2.1 City. (A) City Council. The City Council has final authority in all matters affecting the Project, except to the extent it has delegated authority to the Engineer. (B) Engineer. The Engineer, acting within the authority conferred by the City Council, is responsible for administration of the Project on behalf of City, including authority to provide directions to the Design Professional and to Contractor to ensure proper and timely completion of the Project. The Engineer’s decisions are final and conclusive within the scope of his or her authority, including interpretation of the Contract Documents. (C) Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the Contractor and will serve as City’s representative for daily administration of the Project on behalf of City. Unless otherwise specified, all of Contractor’s communications to City (in any form) will go to or through the Project Manager. City reserves the right to reassign the Project Manager role at any time or to delegate duties to additional City representatives, without prior notice to or consent of Contractor. (D) Design Professional. The Design Professional is responsible for the overall design of the Project and, to the extent authorized by City, may act on City’s behalf to ensure performance of the Work in compliance with the Plans and Specifications, including any design changes authorized by Change Order. The Design Professional’s duties may include review of Contractor’s submittals, visits to any Worksite, inspecting the Work, evaluating test and inspection results, and participation in Project-related meetings, including any pre-construction conference, weekly meetings, and coordination Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 34 meetings. The Design Professional’s interpretation of the Plans or Specifications is final and conclusive. 2.2 Contractor. (A) General. Contractor must provide all labor, materials, supplies, equipment, services, and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economical and efficient manner in the best interests of City, and with minimal inconvenience to the public. (B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichever is later, Contractor bears all risks of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism or theft. (C) Project Administration. Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents. Before starting the Work, Contractor must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative. (D) On-Site Superintendent. Contractor must, at all times during performance of the Work, provide a qualified and competent full-time superintendent acceptable to City, and assistants as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. The superintendent must have full authority to act and communicate on behalf of Contractor, and Contractor will be bound by the superintendent’s communications to City. City’s approval of the superintendent is required before the Work commences. If City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at Contractor’s sole expense and with no extension of Contract Time, until an approved superintendent is physically present to supervise the Work. Contractor must provide written notice to City, as soon as practicable, before replacing the superintendent. (E) Standards. Contractor must, at all times, ensure that the Work is performed in an efficient, skillful manner following best practices and in full compliance with the Contract Documents and Laws and applicable manufacturer’s recommendations. Contractor has a material and ongoing obligation to provide true and complete information, to the best of its knowledge, with respect to all records, documents, or Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 35 communications pertaining to the Project, including oral or written reports, statements, certifications, Change Order requests, or Claims. (F) Meetings. Contractor, its project manager, superintendent and any primary Subcontractors requested by City, must attend a pre-construction conference, if requested by City, as well as weekly Project progress meetings scheduled with City. If applicable, Contractor may also be required to participate in coordination meetings with other parties relating to other work being performed on or near the Project site or in relation to the Project, including work or activities performed by City, other contractors, or other utility owners. (G) Construction Records. Contractor will maintain up-to-date, thorough, legible, and dated daily job reports, which document all significant activity on the Project for each day that Work is performed on the Project. The daily report for each day must include the number of workers at the Project site; primary Work activities; major deliveries; problems encountered, including injuries, if any; weather and site conditions; and delays, if any. Contractor will take date and time-stamped photographs to document general progress of the Project, including site conditions prior to construction activities, before and after photographs at offset trench laterals, existing improvements and utilities, damage and restoration. Contractor will maintain copies of all subcontracts, Project-related correspondence with subcontractors, and records of meetings with Subcontractors. Upon request by the City, Contractor will permit review of and/or provide copies of any of these construction records. (H) Responsible Party. Contractor is solely responsible to City for the acts or omissions of any Subcontractors, or any other party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of Contractor or the Subcontractors. Upon City’s written request, Contractor must promptly and permanently remove from the Project, at no cost to City, any employee or Subcontractor or employee of a Subcontractor who the Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents. (I) Correction of Defects. Contractor must promptly correct, at Contractor’s sole expense, any Work that is determined by City to be deficient or defective in any way, including workmanship, materials, parts or equipment. Workmanship, materials, parts or equipment that do not conform to the requirements under the Plans, Specifications and every other Contract Document, as determined by City, will be considered defective and subject to rejection. Contractor must also promptly correct, at Contractor’s sole expense, any Work performed beyond the lines and grades shown on the Plans or established by City, and any Extra Work performed without City’s prior written approval. If Contractor fails to correct or to take reasonable steps toward correcting defective Work within five days following notice from City, or within the time specified in City’s notice to correct, City may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Contract Price. If City elects to correct defective Work due to Contractor’s failure or refusal to do so, City or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Worksite on City property, in order to effectuate the correction, at no extra cost to City. Contractor’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances. Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 36 Contractor. This paragraph applies to any defective Work performed by Contractor during the one-year warranty period under Section 11.2. (J) Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos, electronic records, approved samples, and the construction records required pursuant to paragraph (G), above. Project records subject to this provision include complete Project cost records and records relating to preparation of Contractor’s bid, including estimates, take-offs, and price quotes or bids. (1) Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost. (2) Contractor must continue to maintain its Project-related records in an organized manner for a period of five years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, City is entitled to inspect or audit any of Contractor’s Project records relating to the Project or to investigate Contractor’s plant or equipment during Contractor’s normal business hours. The record-keeping requirements set forth in this subsection 2.2(J) will survive expiration or termination of the Contract. (K) Copies of Project Documents. Contractor and its Subcontractors must keep copies, at the Project site, of all Work-related documents, including the Contract, permit(s), Plans, Specifications, Addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, as-built drawings, schedules, daily records, testing and inspection reports or results, and any related written interpretations. These documents must be available to City for reference at all times during construction of the Project. 2.3 Subcontractors. (A) General. All Work which is not performed by Contractor with its own forces must be performed by Subcontractors. City reserves the right to approve or reject any and all Subcontractors proposed to perform the Work, for reasons including the subcontractor’s poor reputation, lack of relevant experience, financial instability, and lack of technical ability or adequate trained workforce. Each Subcontractor must obtain a City business license before performing any Work. (B) Contractual Obligations. Contractor must require each Subcontractor to comply with the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, including the generally applicable terms of the Contract Documents, and to likewise bind their subcontractors. Contractor will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 37 the Project, will be assigned to City. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor. (C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to City, subject to the prior rights of any surety, but only if and to the extent that City accepts, in writing, the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement. (D) Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under Public Contract Code § 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and any increased subcontract cost to perform the Work that was to be performed by the listed Subcontractor. If City determines that a Subcontractor is unacceptable to City based on the Subcontractor’s failure to satisfactorily perform its Work, or for any of the grounds for substitution listed in Public Contract Code § 4107(a), City may request removal of the Subcontractor from the Project. Upon receipt of a written request from City to remove a Subcontractor pursuant to this paragraph, Contractor will immediately remove the Subcontractor from the Project and, at no further cost to City, will either (1) self-perform the remaining Work to the extent that Contractor is duly licensed and qualified to do so, or (2) substitute a Subcontractor that is acceptable to City, in compliance with Public Contract Code § 4107, as applicable. 2.4 Coordination of Work. (A) Concurrent Work. City reserves the right to perform, have performed, or permit performance of other work on or adjacent to the Project site while the Work is being performed for the Project. Contractor is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, including by any utility companies or agencies, and must avoid hindering, delaying, or interfering with the work of other contractors, individuals, or entities, and must ensure safe and reasonable site access and use as required or authorized by City. To the full extent permitted by law, Contractor must hold harmless and indemnify City against any and all claims arising from or related to Contractor’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or subcontractor. (B) Coordination. If Contractor’s Work will connect or interface with work performed by others, Contractor is responsible for independently measuring and visually inspecting such work to ensure a correct connection and interface. Contractor is responsible for any failure by Contractor or its Subcontractors to confirm measurements before proceeding with connecting Work. Before proceeding with any portion of the Work affected by the construction or operations of others, Contractor must give the Project Manager prompt written notification of any defects Contractor discovers which will prevent the proper execution of the Work. Failure to give notice of any known or reasonably discoverable defects will be deemed acknowledgement by Contractor that the work of others is not defective and will not prevent the proper execution of the Work. Contractor must also promptly notify City if work performed by others, including work or activities performed by City’s own forces, is operating to hinder, delay, or interfere with Contractor’s timely performance of the Work. City reserves the right to backcharge Contractor for any Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 38 additional costs incurred due to Contractor’s failure to comply with the requirements in this Section 2.4. 2.5 Submittals. Unless otherwise specified, Contractor must submit to the Engineer for review and acceptance, all schedules, Shop Drawings, samples, product data, and similar submittals required by the Contract Documents, or upon request by the Engineer. Unless otherwise specified, all submittals, including Requests for Information, are subject to the general provisions of this Section, as well as specific submittal requirements that may be included elsewhere in the Contract Documents, including the Special Conditions or Specifications. The Engineer may require submission of a submittal schedule at or before a pre-construction conference, as may be specified in the Notice to Proceed. (A) General. Contractor is responsible for ensuring that its submittals are accurate and conform to the Contract Documents. (B) Time and Manner of Submission. Contractor must ensure that its submittals are prepared and delivered in a manner consistent with the current City-accepted schedule for the Work and within the applicable time specified in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project. (C) Required Contents. Each submittal must include the Project name and contract number, Contractor’s name and address, the name and address of any Subcontractor or supplier involved with the submittal, the date, and references to applicable Specification section(s) and/or drawing and detail number(s). (D) Required Corrections. If corrections are required, Contractor must promptly make and submit any required corrections as specified in full conformance with the requirements of this Section, or other requirements that apply to that submittal. (E) Effect of Review and Acceptance. Review and acceptance of a submittal by City will not relieve Contractor from complying with the requirements of the Contract Documents. Contractor is responsible for any errors in any submittal, and review or acceptance of a submittal by City is not an assumption of risk or liability by City. (F) Enforcement. Any Work performed or any material furnished, installed, fabricated or used without City’s prior acceptance of a required submittal is performed or provided at Contractor’s risk, and Contractor may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of the Work or material, and the cost of additional time or services required of City, including costs for the Design Professional, Project Manager, or Inspector. (G) Excessive RFIs. A RFI will be considered excessive or unnecessary if City determines that the explanation or response to the RFI is clearly and unambiguously discernable from the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to Contractor. 2.6 Shop Drawings. When Shop Drawings are required by the Specifications or requested by the Engineer, they must be prepared according to best practices at Contractor’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 39 details. Unless otherwise specified by City, Shop Drawings must be provided to the Engineer for review and acceptance at least 30 days before the Work will be performed. If City requires changes, the corrected Shop Drawings must be resubmitted to the Engineer for review within the time specified by the Engineer. For all Project components requiring Shop Drawings, Contractor will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. Contractor is responsible for any errors or omissions in the Shop Drawings, shop fits and field corrections; any deviations from the Contract Documents; and for the results obtained by the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve Contractor of Contractor’s responsibility. 2.7 Access to Work. Contractor must afford prompt and safe access to any Worksite by City and its employees, agents, or consultants authorized by City; and upon request by City, Contractor must promptly arrange for City representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work. 2.8 Personnel. Contractor and its Subcontractors must employ only competent and skillful personnel to perform the Work. Contractor and its Subcontractor’s supervisors, security or safety personnel, and employees who have unescorted access to the Project site must possess proficiency in English sufficient to read, understand, receive, and implement oral or written communications or instructions relating to their respective job functions, including safety and security requirements. Upon written notification from the Engineer, Contractor and its Subcontractors must immediately discharge any personnel who are incompetent, disorderly, disruptive, threatening, abusive, or profane, or otherwise refuse or fail to comply with the requirements of the Contract Documents or Laws, including Laws pertaining to health and safety. Any such discharged personnel may not be reemployed or permitted on the Project in any capacity without City’s prior written consent. Article 3 - Contract Documents 3.1 Interpretation of Contract Documents. (A) Plans and Specifications. The Plans and Specifications included in the Contract Documents are complementary. If Work is shown on one but not on the other, Contractor must perform the Work as though fully described on both, consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The Plans and Specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned or shown. Contractor must perform all Work and services and supply all things reasonably related to and inferable from the Contract Documents. In the event of a conflict between the Plans and Specifications, the Specifications will control, unless the drawing(s) at issue are dated later than the Specification(s) at issue. Detailed drawings take precedence over general drawings, and large-scale drawings take precedence over smaller scale drawings. Any arrangement or division of the Plans and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Plans or Specifications is only a recommendation. Actual locations and depths must be determined by Contractor’s field investigation. Contractor may request access to underlying or background information in City’s possession that is necessary for Contractor to form its own conclusions. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 40 (B) Duty to Notify and Seek Direction. If Contractor becomes aware of a changed condition in the Project, or of any ambiguity, conflict, inconsistency, discrepancy, omission, or error in the Contract Documents, including the Plans or Specifications, Contractor must promptly submit a Request for Information to the Engineer and wait for a response from City before proceeding further with the related Work. The RFI must notify City of the issue and request clarification, interpretation or direction. The Engineer’s clarification, interpretation or direction will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining City’s response, Contractor will be responsible for any resulting costs, including the cost of correcting any incorrect or defective Work that results. Timely submission of a clear and complete RFI is essential to avoiding delay. Delay resulting from Contractor’s failure to submit a timely and complete RFI to the Engineer is Non-Excusable Delay. If Contractor believes that City’s response to an RFI justifies a change to the Contract Price or Contract Time, Contractor must perform the Work as directed, but may submit a timely Change Order request in accordance with the Contract Documents. (See Article 5 and 6.) (C) Figures and Dimensions. Figures control over scaled dimensions. (D) Technical or Trade Terms. Any terms that have well-known technical or trade meanings will be interpreted in accordance with those meanings, unless otherwise specifically defined in the Contract Documents. (E) Measurements. Contractor must verify all relevant measurements in the Contract Documents and at the Project site before ordering any material or performing any Work, and will be responsible for the correctness of those measurements or for costs that could have been avoided by independently verifying measurements. (F) Compliance with Laws. The Contract Documents are intended to comply with Laws and will be interpreted to comply with Laws. 3.2 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. Unless otherwise specified in the Special Conditions, in case of any conflict or inconsistency among the Contract Documents, the following order of precedence will apply, beginning from highest to lowest, with the most recent version taking precedent over an earlier version: (A) Change Orders; (B) Addenda; (C) Contract; (D) Notice to Proceed; (E) Attachment B – Federal Contract Requirements (only if used); (F) Special Conditions; (G) General Conditions; (H) Payment and Performance Bonds; (I) Specifications; (J) Plans; (K) Notice of Potential Award; (L) Notice Inviting Bids; (M) Attachment A – Federal Bidding Requirements (only if used); (N) Instructions to Bidders; (O) Contractor’s Bid Proposal and attachments; Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 41 (P) the City’s standard specifications, as applicable; and (Q) Any generic documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Caltrans Special Provisions. 3.3 Caltrans Standard Specifications. Any reference to or incorporation of the Standard Specifications of the State of California, Department of Transportation (“Caltrans”), including “Standard Specifications,” “Caltrans Specifications,” “State Specifications,” or “CSS,” means the most current edition of Caltrans’ Standard Specifications, unless otherwise specified (“Caltrans Standard Specifications”), including the most current amendments as of the date that Contractor’s bid was submitted for this Project. The following provisions apply to use of or reference to the Caltrans Standard Specifications or Special Provisions: (A) Limitations. The “General Provisions” of the Caltrans Standard Specifications, i.e., sections 1 through 9, do not apply to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents. (B) Conflicts or Inconsistencies. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications or Special Provisions and a provision of these Contract Documents, as determined by City, the provision in the Contract Documents will govern. (C) Meanings. Terms used in the Caltrans Standard Specifications or Special Provisions are to be interpreted as follows: (1) Any reference to the “Engineer” is deemed to mean the City Engineer. (2) Any reference to the “Special Provisions” is deemed to mean the Special Conditions, unless the Caltrans Special Provisions are expressly included in the Contract Documents listed in Section 2 of the Contract. (3) Any reference to the “Department” or “State” is deemed to mean City. 3.4 For Reference Only. Contractor is responsible for the careful review of any document, study, or report provided by City or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. Contractor is advised that City or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. Any record drawings or similar final or accepted drawings or maps that are not part of the Contract Documents are deemed to be For Reference Only. The provisions of the Contract Documents are not modified by any perceived or actual conflict with provisions in any document that is provided For Reference Only. 3.5 Current Versions. Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code or regulation in effect at the time the Contract is signed. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 42 3.6 Conformed Copies. If City prepares a conformed set of the Contract Documents following award of the Contract, it will provide Contractor with two hard copy (paper) sets and one copy of the electronic file in PDF format. It is Contractor’s responsibility to ensure that all Subcontractors, including fabricators, are provided with the conformed set of the Contract Documents at Contractor’s sole expense. 3.7 Ownership. No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession. Article 4 - Bonds, Indemnity, and Insurance 4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of Potential Award, Contractor is required to provide a payment bond and a performance bond, each in the penal sum of not less than 100% of the Contract Price, and each executed by Contractor and its surety using the bond forms included with the Contract Documents. (A) Surety. Each bond must be issued and executed by a surety admitted in California. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, Contractor must substitute a surety acceptable to City. If Contractor fails to substitute an acceptable surety within the specified time, City may, at its sole discretion, withhold payment from Contractor until the surety is replaced to City’s satisfaction, or terminate the Contract for default. (B) Supplemental Bonds for Increase in Contract Price. If the Contract Price increases during construction by five percent or more over the original Contract Price, Contractor must provide supplemental or replacement bonds within ten days of written notice from City pursuant to this Section, covering 100% of the increased Contract Price and using the bond forms included with the Contract Documents. 4.2 Indemnity. To the fullest extent permitted by law, Contractor must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers, and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs, and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in bidding or performing the Work or in failing to comply with any obligation of Contractor under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract. Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. Contractor waives any right to express or implied indemnity against any Indemnitee. Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 43 4.3 Insurance. No later than ten days following issuance of the Notice of Potential Award, Contractor must procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Contractor and its Subcontractors relating to or arising from the performance of the Work, and must remain in full force and effect at all times during the period covered by the Contract, through the date of City’s acceptance of the Project. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Contractor fails to provide any of the required coverage in full compliance with the requirements of the Contract Documents, City may, at its sole discretion, purchase such coverage at Contractor’s expense and deduct the cost from payments due to Contractor, or terminate the Contract for default. The procurement of the required insurance will not be construed to limit Contractor’s liability under this Contract or to fulfill Contractor’s indemnification obligations under this Contract. (A) Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in the Special Conditions: (1) Commercial General Liability (“CGL”) Insurance: The CGL insurance policy must be issued on an occurrence basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor’s or its Subcontractor’s acts or omissions in the performance of the Work, including contractor’s protected coverage, contractual liability, products and completed operations, and broad form property damage, with limits of at least $2,000,000 per occurrence and at least $4,000,000 general aggregate. The CGL insurance coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Section, including required endorsements. (2) Automobile Liability Insurance: The automobile liability insurance policy must provide coverage of at least $2,000,000 combined single-limit per accident for bodily injury, death, or property damage, including hired and non-owned auto liability. (3) Workers’ Compensation Insurance and Employer’s Liability: The workers’ compensation and employer’s liability insurance policy must comply with the requirements of the California Labor Code, providing coverage of at least $1,000,000 or as otherwise required by the statute. If Contractor is self- insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR. (4) Pollution Liability Insurance: The pollution liability insurance policy must be issued on an occurrence basis, providing coverage of at least $2,000,000 for all loss arising out of claims for bodily injury, death, property damage, or environmental damage caused by pollution conditions resulting from the Work. (5) Builder’s Risk Insurance: The builder’s risk insurance policy must be issued on an occurrence basis, for all-risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 44 (B) Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to non-payment of premiums, in which case ten days written notice must be made to City. (C) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier will waive any right of subrogation it may have against City. (D) Required Endorsements. The CGL policy, automobile liability policy, pollution liability policy, and builder’s risk policy must include the following specific endorsements: (1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. The additional insured endorsement must be provided using ISO form CG 20 10 11 85 or an equivalent form approved by the City. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (3) The insurance provided by Contractor is primary and no insurance held or owned by any Additional Insured may be called upon to contribute to a loss. (4) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. (E) Contractor’s Responsibilities. This Section 4.3 establishes the minimum requirements for Contractor’s insurance coverage in relation to this Project, but is not intended to limit Contractor’s ability to procure additional or greater coverage. Contractor is responsible for its own risk assessment and needs and is encouraged to consult its insurance provider to determine what coverage it may wish to carry beyond the minimum requirements of this Section. Contractor is solely responsible for the cost of its insurance coverage, including premium payments, deductibles, or self-insured retentions, and no Additional Insured will be responsible or liable for any of the cost of Contractor’s insurance coverage. (F) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions that apply to the required insurance (collectively, “deductibles”) in excess of $100,000 are subject to approval by the City’s Risk Manager, acting in his or her sole discretion, and must be declared by Contractor when it submits its certificates of insurance and endorsements pursuant to this Section 4.3. If the City’s Risk Manager determines that the deductibles are unacceptably high, at City’s option, Contractor must either reduce or eliminate the deductibles as they apply to City and all required Additional Insured; or must provide a financial guarantee, to City’s satisfaction, guaranteeing payment of losses and related investigation, claim administration, and legal expenses. (G) Subcontractors. Contractor must ensure that each Subcontractor is required to maintain the same insurance coverage required under this Section 4.3, with respect to its performance of Work on the Project, including those requirements related to the Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 45 Additional Insureds and waiver of subrogation, but excluding pollution liability or builder’s risk insurance unless otherwise specified in the Special Conditions. A Subcontractor may be eligible for reduced insurance coverage or limits, but only to the extent approved in writing in advance by the City’s Risk Manager. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations. Article 5 - Contract Time 5.1 Time is of the Essence. Time is of the essence in Contractor’s performance and completion of the Work, and Contractor must diligently prosecute the Work and complete it within the Contract Time. (A) General. Contractor must commence the Work on the date indicated in the Notice to Proceed and must fully complete the Work in strict compliance with all requirements of the Contract Documents and within the Contract Time. Contractor may not begin performing the Work before the date specified in the Notice to Proceed. (B) Authorization. Contractor is not entitled to compensation or credit for any Work performed before the date specified in the Notice to Proceed, with the exception of any schedules, submittals, or other requirements, if any, that must be provided or performed before issuance of the Notice to Proceed. (C) Rate of Progress. Contractor and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If City determines that Contractor is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole discretion, direct Contractor to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to City, in order to achieve a rate of progress satisfactory to City. If Contractor fails to comply with City’s directive in this regard, City may, at Contractor’s expense, separately contract for additional workers, materials, or equipment or use City’s own forces to achieve the necessary rate of progress. Alternatively, City may terminate the Contract based on Contractor’s default. 5.2 Schedule Requirements. Contractor must prepare all schedules using standard, commercial scheduling software acceptable to the Engineer, and must provide the schedules in electronic and paper form as requested by the Engineer. In addition to the general scheduling requirements set forth below, Contractor must also comply with any scheduling requirements included in the Special Conditions or in the Technical Specifications. (A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s issuance of the Notice to Proceed (or as otherwise specified in the Notice to Proceed), Contractor must submit to City for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how Contractor plans to perform and fully complete the Work within the Contract Time, including labor, equipment, materials and fabricated items. The baseline schedule must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 46 work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed, Contractor must order any specialized material or equipment for the Work that is not readily available from material suppliers. Contractor must also retain documentation of the purchase orders date(s). (B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. Contractor is solely responsible for resolving any exceptions noted in a schedule and, within seven days, must correct the schedule to address the exceptions. City’s review or acceptance of Contractor’s schedules will not operate to waive or limit Contractor’s duty to complete the Project within the Contract Time, nor to waive or limit City’s right to assess liquidated damages for Contractor’s unexcused failure to do so. (C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, Contractor must submit an updated progress schedule and three-week lookahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts to the critical path. Contractor must also submit periodic reports to City of any changes in the projected material or equipment delivery dates for the Project. (1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and may be allocated by the Engineer to best serve timely completion of the Project. (2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and cost-effective administration of the Project and timely completion. If Contractor fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has noted exceptions that are not corrected, City may withhold up to ten percent from payment(s) otherwise due to Contractor until the exceptions are resolved, the schedule is corrected and resubmitted, and City has accepted the schedule. In addition, Contractor’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a material default and a waiver of any claims for Excusable Delay or loss of productivity arising during any period when Contractor is out of compliance, subject only to the limits of Public Contract Code § 7102. (D) Recovery Schedule. If City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, Contractor must submit a recovery schedule, showing how Contractor intends to perform and complete the Work within the Contract Time, based on actual progress to date. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 47 (E) Effect of Acceptance. Contractor and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City. City’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time. (F) Posting. Contractor must at all times prominently post a copy of the most current City-accepted progress or recovery schedule in its on-site office. (G) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease Contractor’s time or cost to perform the Work. (H) Authorized Working Days and Times. Contractor is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge Contractor for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services. 5.3 Delay and Extensions of Contract Time. (A) Notice of Delay. If Contractor becomes aware of any actual or potential delay affecting the critical path, Contractor must promptly notify the Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay. (B) Excusable Delay. The Contract Time may be extended if Contractor encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond Contractor’s control, and which Contractor could not have avoided or mitigated through reasonable care, planning, foresight, and diligence, provided that Contractor is otherwise fully performing its obligations under the Contract Documents. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13. The Contract Time will not be extended based on circumstances which will not unavoidably delay completing the Work within the Contract Time based on critical path analysis. (C) Weather Delays. A “Weather Delay Day” is a Working Day during which Contractor and its forces, including Subcontractors, are unable to perform more than 40% of the critical path Work scheduled for that day due to adverse weather conditions which impair the ability to safely or effectively perform the scheduled critical path Work that day. Adverse weather conditions may include rain, saturated soil, and Project site clean-up required due to adverse weather. Determination of what constitutes critical path Work scheduled Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 48 for that day will be based on the most current, City-approved schedule. Contractor will be entitled to a non-compensable extension of the Contract Time for each Weather Delay Day in excess of the normal Weather Delay Days within a given month as determined by reliable records, including monthly rainfall averages, for the preceding ten years (or as otherwise specified in the Special Conditions or Specifications). (1) Based on historic records for the Project location from the Western Regional Climate Center, Contractor’s schedule should assume the following number of normal Weather Delay Days and precipitation for each month: Month # Normal Weather Precipitation Delay Days January 6 2.86 February 6 2.66 March 6 2.29 April 3 1.20 May 1 0.44 June 0 0.10 July 0 0.02 August 0 0.07 September 1 0.19 October 2 0.76 November 4 1.51 December 5 2.43 Total 34 14.53 (2) Contractor must fully comply with the applicable procedures in Articles 5 and 6 of the General Conditions regarding requests to modify the Contract Time. (3) Contractor will not be entitled to an extension of time for a Weather Delay Day to the extent Contractor is responsible for concurrent delay on that day. (4) Contractor must take reasonable steps to mitigate the consequences of Weather Delay Days, including prudent workforce management and protecting the Work, Project Site, materials, and equipment. (D) Non-Excusable Delay. Delay which Contractor could have avoided or mitigated through reasonable care, planning, foresight and diligence is “Non-Excusable Delay.” Contractor is not entitled to an extension of Contract Time or any compensation for NonExcusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay. Non-Excusable Delay includes delay caused by: (1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years; (2) Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for completion of the Work within the Contract Time; Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 49 (3) Contractor’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for completion of the Work within the Contract Time; (4) foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to Contractor; (5) Contractor’s failure, refusal, or financial inability to perform the Work within the Contract Time, including insufficient funds to pay its Subcontractors or suppliers; (6) performance or non-performance by Contractor’s Subcontractors or suppliers; (7) the time required to respond to excessive RFIs (see Section 2.5(G)); (8) delayed submission of required submittals, or the time required for correction and resubmission of defective submittals; (9) time required for repair of, re-testing, or re-inspection of defective Work; (10) enforcement of Laws by City, or outside agencies with jurisdiction over the Work; or (11) City’s exercise or enforcement of any of its rights or Contractor’s duties pursuant to the Contract Documents, including correction of defective Work, extra inspections or testing due to non-compliance with Contract requirements, safety compliance, environmental compliance, or rejection and return of defective or deficient submittals. (E) Compensable Delay. Pursuant to Public Contract Code § 7102, in addition to entitlement to an extension of Contract Time, Contractor is entitled to compensation for costs incurred due to delay caused solely by City, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). Contractor is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay. Delay due to causes that are beyond the control of either City or Contractor, including Weather Delay Days, discovery of Historic or Archeological Items pursuant to Section 7.18, or the actions or inactions of third parties or other agencies, is not Compensable Delay, and will only entitle Contractor to an extension of time commensurate with the time lost due to such delay. (F) Recoverable Costs. Contractor is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. Contractor is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents Contractor from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent progress schedule accepted by City. Recoverable Costs will not include home office overhead or lost profit. (G) Request for Extension of Contract Time or Recoverable Costs. A request for an extension of Contract Time or any associated Recoverable Costs must be Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 50 submitted in writing to City within ten calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or any entitlement to the Contract Time extension or to the Recoverable Costs will be deemed waived. In addition to complying with the requirements of this Article 5, the request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate costefficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived. (1) Required Contents. The request must include a detailed description of the cause(s) of the delay and must also describe the measures that Contractor has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include Contractor’s plan for continued mitigation of the delay or its effects. (2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed or provide a realistic estimate if the duration of the delay is not yet known. If Contractor believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay. Contractor is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to City. (4) Burden of Proof. Contractor has the burden of proving that: the delay was an Excusable or Compensable Delay, as defined above; Contractor has fully complied with its scheduling obligations in Section 5.2, Schedule Requirements; Contractor has made reasonable efforts to mitigate the delay and its schedule and cost impacts; the delay will unavoidably result in delaying Final Completion; and any Recoverable Costs claimed by Contractor were actually incurred and were reasonable under the circumstances. (5) Legal Compliance. Nothing in this Section 5.3 is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code § 7102. (6) No Waiver. Any grant of an extension of Contract Time, or compensation for Recoverable Costs due to Compensable Delay, will not Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 51 operate as a waiver of City’s right to assess liquidated damages for Non- Excusable Delay. (7) Dispute Resolution. In the event of a dispute over entitlement to an extension of Contract Time or compensation for Recoverable Costs, Contractor may not stop Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. Contractor’s sole recourse for an unresolved dispute based on City’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the dispute resolution provisions set forth in Article 12 below. 5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code § 7203, if Contractor fails to achieve Final Completion within the Contract Time, City will charge Contractor in the amount specified in the Contract for each day that Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty. Any waiver of accrued liquidated damages, in whole or in part, is subject to approval of the City Council or its authorized delegee. (A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable or Compensable Delay, as set forth above. (B) Milestones. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents. (C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to Contractor, including progress payments, Final Payment, or unreleased retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, City is entitled to recover the balance from Contractor or its performance bond surety. (D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of the Project and will not operate as a waiver of City’s right to assess liquidated damages for Contractor’s Non-Excusable Delay in achieving Final Completion. (E) Other Remedies. City’s right to liquidated damages under this Section applies only to damages arising from Contractor’s Non-Excusable Delay or failure to complete the Work within the Contract Time. City retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, costs or diminution in value from defective materials or workmanship, costs to repair or complete the Work, or other liability caused by Contractor. Article 6 - Contract Modification 6.1 Contract Modification. Subject to the limited exception set forth in subsection (D) below, any change in the Work or the Contract Documents, including the Contract Price or Contract Time, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, including a “no-cost” Change Order or a unilateral Change Order. Changes in the Work pursuant to this Article 6 will not operate to release, limit, or Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 52 abridge Contractor’s warranty obligations pursuant to Article 11 or any obligations of Contractor’s bond sureties. (A) City-Directed Changes. City may direct changes in the scope or sequence of Work or the requirements of the Contract Documents, without invalidating the Contract. Such changes may include Extra Work as set forth in subsection (C) below, or deletion or modification of portions of the Work. Contractor must promptly comply with City-directed changes in the Work in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement as to adjustments to the Contract Price or Contract Time for the change in the Work or for the Extra Work. Contractor is not entitled to extra compensation for cost savings resulting from “value engineering” pursuant to Public Contract Code § 7101, except to the extent authorized in advance by City in writing, and subject to any applicable procedural requirements for submitting a proposal for value engineering cost savings. (B) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City-directed change in the Work, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. Likewise, in the event that City and Contractor dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute Extra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute, as directed by City. If Contractor refuses to perform the Work in dispute, City may, acting in its sole discretion, elect to delete the Work from the Contract and reduce the Contract Price accordingly, and self-perform the Work or direct that the Work be performed by others. Alternatively, City may elect to terminate the Contract for convenience or for cause. Contractor’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below. (C) Extra Work. City may direct Contractor to perform Extra Work related to the Project. Contractor must promptly perform any Extra Work as directed or authorized by City in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra Work. If Contractor believes it is necessary to perform Extra Work due to changed conditions, Contractor must promptly notify the Engineer in writing, specifically identifying the Extra Work and the reason(s) the Contractor believes it is Extra Work. This notification requirement does not constitute a Change Order request pursuant to Section 6.2, below. Contractor must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that Contractor performs Extra Work, or Work that Contractor contends is Extra Work, Contractor must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The Engineer will make any adjustments to Contractor’s Extra Work Report(s) based on the Engineer’s records of the Work. When an Extra Work Report(s) is agreed on and signed by both City and Contractor, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 53 close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day. (D) Minor Changes and RFIs. Minor field changes, including RFI replies from City, that do not affect the Contract Price or Contract Time and that are approved by the Engineer acting within his or her scope of authority, do not require a Change Order. By executing an RFI reply from City, Contractor agrees that it will perform the Work as clarified therein, with no change to the Contract Price or Contract Time. (E) Remedy for Non-Compliance. Contractor’s failure to promptly comply with a City-directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct the cost from the Contract Price. 6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for a change in the Work, compensation for Extra Work, or a change in the Contract Price or Contract Time as a written Change Order request or proposal. (A) Time for Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Engineer within ten calendar days of the date that Contractor first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If City requests that Contractor propose the terms of a Change Order, unless otherwise specified in City’s request, Contractor must provide the Engineer with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving City’s request, in a form satisfactory to the Engineer. (B) Required Contents. Any Change Order request or proposal submitted by Contractor must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amounts, and, if applicable, Extra Work Reports. Any estimated cost must be updated in writing as soon as the actual amount is known. (C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions. Upon request, Contractor must permit City to inspect its original and unaltered bidding records, subcontract agreements, subcontract change orders, purchase orders, invoices, or receipts associated with the claimed costs. (D) Required Form. Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. (E) Certification. All Change Order requests must be signed by Contractor and must include the following certification: “The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Contractor warrants that this Change Order request is comprehensive and complete as to the Work or changes referenced herein, and agrees that any known or foreseeable costs, expenses, or time extension requests not included herein, are deemed waived.” Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 54 6.3 Adjustments to Contract Price. The amount of any increase or decrease in the Contract Price will be determined based on one of the following methods listed below, in the order listed with unit pricing taking precedence over the other methods. Markup applies only to City-authorized time and material Work, and does not apply to any other payments to Contractor. For Work items or components that are deleted in their entirety, Contractor will only be entitled to compensation for those direct, actual, and documented costs (including restocking fees), reasonably incurred before Contractor was notified of the City’s intent to delete the Work, with no markup for overhead, profit, or other indirect costs. (A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or in a post-award schedule of values pursuant to Section 8.1, Schedule of Values, will apply to determine the price for the affected Work, to the extent applicable unit prices have been provided for that type of Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation. (B) Lump Sum. A mutually agreed upon, all-inclusive lump sum price for the affected Work with no additional markup for overhead, profit, or other indirect costs. (C) Time and Materials. On a time and materials basis, if and only to the extent compensation on a time and materials basis is expressly authorized by City in advance of Contractor’s performance of the Work and subject to any not-to-exceed limit. Time and materials compensation for increased costs or Extra Work (but not decreased costs or deleted Work), will include allowed markup for overhead, profit, and other indirect costs, and which may include a not-to-exceed limit, calculated as the total of the following sums, the cumulative total of which may not exceed the maximum markup rate of 15%: (1) All direct labor costs provided by the Contractor, excluding superintendence, project management, or administrative costs, plus 15% markup; (2) All direct material costs provided by the Contractor, including sales tax, plus 15% markup; (3) All direct plant and equipment rental costs provided by the Contractor, plus 15% markup; (4) All direct additional subcontract costs plus 10% markup for Work performed by Subcontractors; and (5) Increased bond or insurance premium costs computed at 1.5% of total of the previous four sums. 6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that Contractor has requested, the value of deleted or changed Work, what constitutes Extra Work, or quantities used, City may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time for the adjustment to compensation or time that the City believes is merited. Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 55 6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to fully comply with the provisions of this Article. Contractor will not be paid for unauthorized Extra Work. Article 7 - General Construction Provisions 7.1 Permits, Fees, Business License, and Taxes. (A) Permits, Fees, and City Business License. Contractor must obtain and pay for all permits, fees, or licenses required to perform the Work, including a City business license. Contractor must cooperate with and provide notifications to all government agencies with jurisdiction over the Project, as may be required. Contractor must provide City with copies of all records of permits and permit applications, payment of required fees, and any licenses required for the Work. (B) Taxes. Contractor must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax. 7.2 Temporary Facilities. Contractor must provide, at Contractor’s sole expense, any and all temporary facilities for the Project, including an onsite staging area for materials and equipment, a field office, sanitary facilities, utilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any incidental utility services. The location of all temporary facilities must be approved by the City prior to installation. Temporary facilities must be safe and adequate for the intended use and installed and maintained in accordance with Laws and the Contract Documents. Contractor must fence and screen the Project site and, if applicable, any separate Worksites, including the staging area, and its operation must minimize inconvenience to neighboring properties. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. (A) Utilities. Contractor must install and maintain the power, water, sewer and all other utilities required for the Project site, including the piping, wiring, internet and wifi connections, and any related equipment necessary to maintain the temporary facilities. (B) Removal and Repair. Contractor must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. Contractor must promptly repair any damage to City’s property or to other property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition. 7.3 Noninterference and Site Management. Contractor must avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. Contractor must also minimize disruption of access to private property in the Project vicinity. Contractor must coordinate with affected property owners, tenants, and businesses, and maintain some vehicle and pedestrian access to their residences or properties at all times. Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, Contractor must provide effective notice to the affected parties at least 48 hours in advance of the pending closure and allow them to remove vehicles. Private driveways, residences and parking lots must have access to a roadway during non-Work hours. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 56 (A) Offsite Acquisition. Unless otherwise provided by City, Contractor must acquire, use and dispose of, at its sole expense, any additional Worksites, licenses, easements, and temporary facilities necessary to access and perform the Work. (B) Offsite Staging Area and Field Office. If additional space beyond the Project site is needed, such as for the staging area or the field office, Contractor may need to make arrangements with the nearby property owner(s) to secure the space. Before using or occupying any property owned by a third party, Contractor must provide City with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding City harmless from any related liability, in a form acceptable to the City Attorney. (C) Traffic Management. Contractor must provide traffic management and traffic controls as specified in the Contract Documents, as required by Laws, and as otherwise required to ensure the public and worker safety, and to avoid interference with public or private operations or the normal flow of vehicular, bicycle, or pedestrian traffic. 7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by Laws or by the Contract Documents, without City’s prior written approval as to size, design, and location. 7.5 Project Site and Nearby Property Protections. (A) General. Contractor is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work, the Project site, and the materials and equipment to be incorporated into the Work, until the City has accepted the Project, excluding any exceptions to acceptance, if any. Except as specifically authorized by City, Contractor must confine its operations to the area of the Project site indicated in the Plans and Specifications. Contractor is liable for any damage caused by Contractor or its Subcontractors to the Work, City’s property, the property of adjacent or nearby property owners and the work or personal property of other contractors working for City, including damage related to Contractor’s failure to adequately secure the Work or any Worksite. (1) Subject to City’s approval, Contractor will provide and install safeguards to protect the Work; any Worksite, including the Project site; City’s real or personal property and the real or personal property of adjacent or nearby property owners, including plant and tree protections. (2) City wastewater systems may not be interrupted. If the Work disrupts existing sewer facilities, Contractor must immediately notify City and establish a plan, subject to City’s approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill. (3) Contractor must remove with due care, and store at City’s request, any objects or material from the Project site that City will salvage or reuse at another location. (4) If directed by Engineer, Contractor must promptly repair or replace any property damage, as specified by the Engineer. However, acting in its sole Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 57 discretion, City may elect to have the property damage remedied otherwise, and may deduct the cost to repair or replace the damaged property from payment otherwise due to Contractor. (5) Contractor will not permit any structure or infrastructure to be loaded in a manner that will damage or endanger the integrity of the structure or infrastructure. (B) Securing Project Site. After completion of Work each day, Contractor must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless City approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. Contractor and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documents or pursuant to prior written authorization from City. (C) Unforeseen Conditions. If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Plans or apparent from inspection of the Project site, Contractor must immediately notify the City and promptly submit a Request for Information to obtain further directions from the Engineer. Contractor must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the Engineer. The Engineer’s written response will be final and binding on Contractor. If the Engineer’s subsequent direction to Contractor affects Contractor’s cost or time to perform the Work, Contractor may submit a Change Order request as set forth in Article 6 above. (D) Support; Adjacent Properties. Contractor must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to City’s property and adjacent properties and improvements thereon. Contractor must provide notifications to adjacent property owners as may be required by Laws. See also, Section 7.15, Trenching of Five Feet or More. (E) Notification of Property Damage. Contractor must immediately notify the City of damage to any real or personal property resulting from Work on the Project. Contractor must immediately provide a written report to City of any such property damage in excess of $500 (based on estimated cost to repair or replace) within 24 hours of the occurrence. The written report must include: (1) the location and nature of the damage, and the owner of the property, if known; (2) the name and address of each employee of Contractor or any Subcontractor involved in the damage; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with another government agency, Contractor will provide a copy of the report to City. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 58 7.6 Materials and Equipment. (A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. Contractor must employ measures to preserve the specified quality and fitness of the materials and equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation and must be installed in accordance with the manufacturer’s recommendations or instructions. Contractor is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work. Contractor is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at Contractor’s sole cost until City has formally accepted the Project as set forth in Section 11.1, Final Completion. Contractor will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered. (B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, Contractor is solely responsible for the proper examination, handling, storage, and installation in accordance with the Contract Documents. Contractor must notify City of any defects discovered in City-provided materials or equipment, sufficiently in advance of scheduled use or installation to afford adequate time to procure replacement materials or equipment as needed. Contractor is solely responsible for any loss of or damage to such items which occurs while the items are in Contractor’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to Contractor. (C) Intellectual Property Rights. Contractor must, at its sole expense, obtain any authorization or license required for use of patented or copyright-protected materials, equipment, devices or processes that are incorporated into the Work. Contractor’s indemnity obligations in Article 4 apply to any claimed violation of intellectual property rights in violation of this provision. 7.7 Substitutions. (A) “Or Equal.” Any Specification designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate the quality and type of item or service desired, and Contractor may request use of any equal item or service. Unless otherwise stated in the Specifications, any reference to a specific brand or trade name for an item that is used solely for the purpose of describing the type of item desired, will be deemed to be followed by the words “or equal.” A substitution will only be approved if it is a true “equal” item in every aspect of design, function, and quality, as determined by City, including dimensions, weight, maintenance requirements, durability, fit with other elements, and schedule impacts. (B) Request for Substitution. A post-award request for substitution of an item or service must be submitted in writing to the Engineer for approval in advance, within the applicable time period provided in the Contract Documents. If no time period is specified, Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 59 the substitution request may be submitted any time within 35 days after the date of award of the Contract, or sufficiently in advance of the time needed to avoid delay of the Work, whichever is earlier. (C) Substantiation. Any available data substantiating the proposed substitute as an equal item or service must be submitted with the written request for substitution. Contractor’s failure to timely provide all necessary substantiation, including any required test results as soon as they are available, is grounds for rejection of the proposed substitution, without further review. (D) Burden of Proving Equality. Contractor has the burden of proving the equality of the proposed substitution at Contractor’s sole cost. City has sole discretion to determine whether a proposed substitution is equal, and City’s determination is final. (E) Approval or Rejection. If the proposed substitution is approved, Contractor is solely responsible for any additional costs or time associated with the substituted item or service. If the proposed substitution is rejected, Contractor must, without delay, install the item or use the service as specified by City. (F) Contractor’s Obligations. City’s approval of a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements. 7.8 Testing and Inspection. (A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by City at all times and locations during construction and/or fabrication and at any Worksite, including at shops and yards as well as at the Project site. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten days prior to the first such application or installation. Contractor must, at all times, make the Work available for testing or inspection. Neither City’s inspection or testing of Work, nor its failure to do so, operate to waive or limit Contractor’s duty to complete the Work in accordance with the Contract Documents. (B) Scheduling and Notification. Contractor must cooperate with City in coordinating the inspections and testing. Contractor must submit samples of materials, at Contractor’s expense, and schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Contractor must notify the Engineer no later than noon of the Working Day before any inspection or testing and must provide timely notice to the other necessary parties as specified in the Contract Documents. If Contractor schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized City holiday, Contractor must notify the Engineer at least two Working Days in advance for approval. If approved, Contractor must reimburse City for the cost of the overtime inspection or testing. Such costs, including the City’s hourly costs for required personnel, may be deducted from payments otherwise due to Contractor. (C) Responsibility for Costs. City will bear the initial cost of inspection and testing to be performed by independent testing consultants retained by City, subject to the following exceptions: Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 60 (1) Contractor will be responsible for the costs of any subsequent tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs. (2) Contractor will be responsible for inspection costs, at City’s hourly rates, for inspection time lost because the Work is not ready or Contractor fails to appear for a scheduled inspection. (3) If any portion of the Work that is subject to inspection or testing is covered or concealed by Contractor prior to the inspection or testing, Contractor will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs. (4) Contractor is responsible for properly shoring all compaction test sites deeper than five feet below grade, as required under Section 7.15 below. (5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or corrected by Contractor, at Contractor’s sole expense, even if that Work or material was previously inspected or included in a progress payment. (D) Contractor’s Obligations. Contractor is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection of the Work does not in any way relieve Contractor of its obligations to perform the Work as specified. Any Work done without the required inspection(s) will also be subject to rejection by City. (E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, Contractor is solely responsible for the additional travel costs required for testing and/or inspection at such locations. (F) Final Inspection. The provisions of this Section 7.8 also apply to final inspection under Article 11, Completion and Warranty Provisions. 7.9 Project Site Conditions and Maintenance. Contractor must at all times, on a 24-hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean, neat, and sanitary condition and in compliance with all Laws pertaining to safety, air quality, and dust control. Adequate toilets must be provided, and properly maintained and serviced for all workers on the Project site, located in a suitably secluded area, subject to City’s prior approval. Contractor must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site. (A) Air Emissions Control. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any Laws. (B) Dust and Debris. Contractor must minimize and confine dust and debris resulting from the Work. Contractor must abate dust nuisance by cleaning, sweeping, and immediately sprinkling with water excavated areas of dirt or other materials prone to cause dust, and within one hour after the Engineer notifies Contractor that an airborne nuisance exists. The Engineer may direct that Contractor provide an approved waterspraying truck for this purpose. If water is used for dust control, Contractor will only Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 61 use the minimum necessary. Contractor must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section 7.19, Environmental Control. If City determines that the dust control is not adequate, City may have the work done by others and deduct the cost from the Contract Price. Contractor will immediately remove any excess excavated material from the Project site and any dirt deposited on public streets. (C) Clean up. Before discontinuing Work in an area, Contractor must clean the area and remove all debris and waste along with the construction equipment, tools, machinery, and surplus materials. (1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse by City, will be Contractor’s property. (2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on City streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. Contractor must immediately remove spillage from hauling on any publicly traveled way. Streets affected by Work on the Project must be kept clean by street sweeping. (D) Disposal. Contractor must dispose of all Project debris and waste materials in a safe and legal manner. Contractor may not burn or bury waste materials on the Project site. Contractor will not allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes or into the storm drain system. (E) Completion. At the completion of the Work, Contractor must remove from the Project site all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Project site, Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. Contractor must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Contractor must provide all cutting, fitting and patching needed to accomplish that requirement. Contractor must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. Contractor must restore to original condition all property or items that are not designated for alteration under the Contract Documents and leave each Worksite clean and ready for occupancy or use by City. (F) Non-Compliance. If Contractor fails to comply with its maintenance and cleanup obligations or any City clean up order, City may, acting in its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time or Contract Price, or undertake appropriate cleanup measures without further notice and the cost will be deducted from any amounts due or to become due to Contractor. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 62 7.10 Instructions and Manuals. Contractor must provide to City three copies each of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for City to easily maintain and service the materials and equipment installed for this Project. (A) Submittal Requirements. All manufacturers’ application or installation instructions must be provided to City at least ten days prior to the first such application. The instructions and manuals, along with any required guarantees, must be delivered to City for review. (B) Training. Contractor or its Subcontractors must train City’s personnel in the operation and maintenance of any complex equipment or systems as a condition precedent to Final Completion, if required in the Contract Documents. 7.11 As-built Drawings. Contractor and its Subcontractors must prepare and maintain at the Project site a detailed, complete and accurate as-built set of the Plans which will be used solely for the purpose of recording changes made in any portion of the original Plans in order to create accurate record drawings at the end of the Project. (A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. City may withhold the estimated cost for City to have the as-built drawings prepared from payments otherwise due to Contractor, until the as-built drawings are brought up to date to the satisfaction of City. Actual locations to scale must be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilities installed underground, in walls, floors, or otherwise concealed. Deviations from the original Plans must be shown in detail. The exact location of all main runs, whether piping, conduit, ductwork or drain lines, must be shown by dimension and elevation. The location of all buried pipelines, appurtenances, or other improvements must be represented by coordinates and by the horizontal distance from visible aboveground improvements. (B) Final Completion. Contractor must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as-built drawings to the Engineer for review and acceptance as a condition precedent to Final Completion and Final Payment. 7.12 Existing Utilities. (A) General. The Work may be performed in developed, urban areas with existing utilities, both above and below ground, including utilities identified in the Contract Documents or in other informational documents or records. Contractor must take due care to locate identified or reasonably identifiable utilities before proceeding with trenching, excavation, or any other activity that could damage or disrupt existing utilities. This may include excavation with small equipment, potholing, or hand excavation, and, if practical, using white paint or other suitable markings to delineate the area to be excavated. Except as otherwise provided herein, Contractor will be responsible for costs resulting from damage to identified or reasonably identifiable utilities due to Contractor’s negligence or failure to comply with the Contract Documents, including the requirements in this Article 7. (B) Unidentified Utilities. Pursuant to Government Code § 4215, if, during the Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 63 performance of the Work, Contractor discovers utility facilities not identified by City in the Contract Documents, Contractor must immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site if those utilities are not identified in the Contract Documents. Contractor will be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to Contractor’s failure to exercise reasonable care, and removing or relocating utility facilities not indicated in the Plans or Specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Contractor will not be assessed liquidated damages for delay in completion of the Work, to the extent the delay was caused by City’s failure to provide for removal or relocation of the utility facilities. 7.13 Notice of Excavation. Contractor must comply with all applicable requirements in Government Code §§ 4216 through 4216.5, which are incorporated by reference herein. Government Code § 4216.2 requires that, except in an emergency, Contractor must contact the appropriate regional notification center, or Underground Services Alert, at least two working days, but not more than 14 calendar days, before starting any excavation if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations. Contractor may not begin excavation until it has obtained and submitted to Engineer an inquiry identification number from Underground Services Alert. 7.14 Trenching and Excavations of Four Feet or More. As required by Public Contract Code § 7104, if the Work includes digging trenches or other excavations that extend deeper than four feet below the surface, the provisions in this Section apply to the Work and the Project. (A) Duty to Notify. Contractor must promptly, and before the following conditions are disturbed, provide written notice to City if Contractor finds any of the following conditions: (1) Material that Contractor believes may be a hazardous waste, as defined in § 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing Laws; (2) Subsurface or latent physical conditions at the Project site differing from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids; or (3) Unknown physical conditions at the Project site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents. (B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions materially differ from those indicated, apparent, or reasonably inferred from information about the Project site made available to bidders, or involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, City will issue a Change Order. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 64 (C) Disputes. In the event that a dispute arises between City and Contractor regarding any of the conditions specified in subsection (B) above, or the terms of a Change Order issued by City, Contractor will not be excused from completing the Work within the Contract Time, but must proceed with all Work to be performed under the Contract. Contractor will retain any and all rights provided either by the Contract or by Laws which pertain to the resolution of disputes between Contractor and City. 7.15 Trenching of Five Feet or More. As required by Labor Code § 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a California registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited. 7.16 New Utility Connections. Except as otherwise specified, City will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any. Contractor must notify City sufficiently in advance of the time needed to request service from each utility provider so that connections and services are initiated in accordance with the Project schedule. 7.17 Lines and Grades. Contractor is required to use any benchmark provided by the Engineer. Unless otherwise specified in the Contract Documents, Contractor must provide all lines and grades required to execute the Work. Contractor must also provide, preserve, and replace if necessary, all construction stakes required for the Project. All stakes or marks must be set by a California licensed surveyor or a California registered civil engineer. Contractor must notify the Engineer of any discrepancies found between Contractor’s staking and grading and information provided by the Contract Documents. Upon completion, all Work must conform to the lines, elevations, and grades shown in the Plans, including any changes directed by a Change Order. 7.18 Historic or Archeological Items. (A) Contractor’s Obligations. Contractor must ensure that all persons performing Work at the Project site are required to immediately notify the Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, a burial ground, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”). (B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85-foot radius of the find and may not resume until authorized in writing by City. If required by City, Contractor must assist in protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as Extra Work on a time and materials basis under Article 6, Contract Modification. At City’s discretion, a suspension of Work required due to discovery of Historic or Archeological Items may be treated as Excusable Delay pursuant to Article 5, or as a suspension for convenience under Article 13. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 65 7.19 Environmental Control. Contractor must not pollute any drainage course or its tributary inlets with fuels, oils, bitumens, acids, insecticides, herbicides or other harmful materials. Contractor must prevent the release of any hazardous material or hazardous waste into the soil or groundwater, and prevent the unlawful discharge of pollutants into City’s storm drain system and watercourses as required below. Contractor and its Subcontractors must at all times in the performance of the Work comply with all Laws concerning pollution of waterways. (A) Stormwater Permit. Contractor must comply with all applicable conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activity (“Stormwater Permit”). (B) Contractor’s Obligations. If required for the Work, a copy of the Stormwater Permit is on file in City’s principal administrative offices, and Contractor must comply with it without adjustment of the Contract Price or the Contract Time. Contractor must timely and completely submit required reports and monitoring information required by the conditions of the Stormwater Permit. Contractor also must comply with all other Laws governing discharge of stormwater, including applicable municipal stormwater management programs. 7.20 Noise Control. Contractor must comply with all applicable noise control Laws. Noise control requirements apply to all equipment used for the Work or related to the Work, including trucks, transit mixers or transient equipment that may or may not be owned by Contractor. 7.21 Mined Materials. Pursuant to the Surface Mining and Reclamation Act of 1975, Public Resources Code § 2710 et seq., any purchase of mined materials, such as construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation included on the AB 3098 List, which is available online at: ftp://ftp.consrv.ca.gov/pub/omr/AB3098%20List/AB3908List.pdf. Article 8 - Payment 8.1 Schedule of Values. Prior to submitting its first application for payment, Contractor must prepare and submit to the Project Manager a schedule of values apportioned to the various divisions and phases of the Work, including mobilization and demobilization. If a Bid Schedule was submitted with Contractor’s bid, the amounts in the schedule of values must be consistent with the Bid Schedule. Each line item contained in the schedule of values must be assigned a value such that the total of all items equals the Contract Price. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with Contractor’s bid. (A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing will be measured according to the methods specified in the Contract Documents. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 66 (B) Deleted or Reduced Work. Contractor will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that Contractor reasonably incurred before Contractor learned that the Work could be deleted or reduced. Contractor will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits. 8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit to the Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month. (A) Application for Payment. Each application for payment must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Project site, as well as authorized and approved Change Orders. Each payment application must be supported by the unit prices submitted with Contractor’s Bid Schedule and/or schedule of values and any other substantiating data required by the Contract Documents. (B) Payment of Undisputed Amounts. City will pay the undisputed amount due within 30 days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code § 20104.50. City will deduct a percentage from each progress payment as retention, as set forth in Section 8.5, below, and may withhold additional amounts as set forth in Section 8.3, below. 8.3 Adjustment of Payment Application. City may adjust or reject the amount requested in a payment application, including application for Final Payment, in whole or in part, if the amount requested is disputed or unsubstantiated. Contractor will be notified in writing of the basis for the modification to the amount requested. City may also deduct or withhold from payment otherwise due based upon any of the circumstances and amounts listed below. Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists. (A) For Contractor’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work. (B) For loss or damage caused by Contractor or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Project site, City may deduct an amount based on the estimated cost to repair or replace. (C) For Contractor’s failure to pay its Subcontractors and suppliers when payment is due, City may withhold an amount equal to the total of past due payments and may opt to pay that amount separately via joint check pursuant to Section 8.6(B), Joint Checks. (D) For Contractor’s failure to timely correct rejected, nonconforming, or defective Work, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work. (E) For any unreleased stop notice, City may withhold 125% of the amount claimed. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 67 (F) For Contractor’s failure to submit any required schedule or schedule update in the manner and within the time specified in the Contract Documents, City may withhold an amount equal to five percent of the total amount requested until Contractor complies with its schedule submittal obligations. (G) For Contractor’s failure to maintain or submit as-built documents in the manner and within the time specified in the Contract Documents, City may withhold or deduct an amount based on the City’s cost to prepare the as-builts. (H) For Work performed without Shop Drawings that have been accepted by City, when accepted Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated costs to correct unsatisfactory Work or diminution in value. (I) For fines, payments, or penalties assessed under the Labor Code, City may deduct from payments due to Contractor as required by Laws and as directed by the Division of Labor Standards Enforcement. (J) For any other costs or charges that may be withheld or deducted from payments to Contractor, as provided in the Contract Documents, including liquidated damages, City may withhold or deduct such amounts from payment otherwise due to Contractor. 8.4 Early Occupancy. Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work. 8.5 Retention. City will retain five percent of the full amount due on each progress payment (i.e., the amount due before any withholding or deductions pursuant to Section 8.3, Adjustment to Payment Application), or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and satisfactory performance of the Work. Contractor is not entitled to any reduction in the rate of withholding at any time, nor to release of any retention before 35 days following City’s acceptance of the Project. (A) Substitution of Securities. As provided by Public Contract Code § 22300, Contractor may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City. Any escrow agreement entered into pursuant to this provision must fully comply with Public Contract Code § 22300 and will be subject to approval as to form by City’s legal counsel. If City exercises its right to draw upon such securities in the event of default pursuant to section (7) of the statutory Escrow Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (f) of Public Contract Code § 22300 (“Escrow Agreement”), and if Contractor disputes that it is in default, its sole remedy is to comply with the dispute resolution procedures in Article 12 and the provisions therein. It is agreed that for purposes of this paragraph, an event of default includes City’s rights pursuant to these Contract Documents to withhold or deduct sums from retention, including withholding or deduction for liquidated damages, incomplete or defective Work, stop payment notices, or backcharges. It is further agreed that if any individual authorized to give or receive written notice on behalf of a party pursuant to section (10) of the Escrow Agreement are unavailable to give or receive notice on behalf of that party due to separation from employment, retirement, death, or other circumstances, the successor or delegee of the named individual is deemed to be the individual authorized to give or receive notice pursuant to section (10) of the Escrow Agreement. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 68 (B) Release of Undisputed Retention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld pursuant to Section 8.3, Adjustment of Payment Application, will be released as Final Payment to Contractor no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by City’s governing body or authorized designee pursuant to Section 11.1(C), Acceptance, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete pursuant to Public Contract Code § 7107(c). 8.6 Payment to Subcontractors and Suppliers. Each month, Contractor must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Project site by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of Laws pertaining to such payments, and those of the Contract Documents and applicable subcontract or supplier contract. (A) Withholding for Stop Notice. Pursuant to Civil Code § 9358, City will withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by City for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law. (B) Joint Checks. City reserves the right, acting in its sole discretion, to issue joint checks made payable to Contractor and a Subcontractor or supplier, if City determines this is necessary to ensure fair and timely payment for a Subcontractor or supplier who has provided services or goods for the Project. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by the City Attorney’s Office. The joint check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint check. Payment by joint check will not be construed to create a contractual relationship between City and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement. 8.7 Final Payment. Contractor’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section 8.2, above. Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. If Contractor fails to submit a timely application for Final Payment, City reserves the right to unilaterally process and issue Final Payment without an application from Contractor in order to close out the Project. For the purposes of determining the deadline for Claim submission pursuant to Article 12, the date of Final Payment is deemed to be the date that City acts to release undisputed retention as final payment to Contractor, or otherwise provides written notice to Contractor of Final Payment or that no undisputed funds remain available for Final Payment due to offsetting withholdings or deductions pursuant to Section 8.3, Adjustment of Payment Application. If the amount due from Contractor to City exceeds the amount of Final Payment, City retains the right to recover the balance from Contractor or its sureties. 8.8 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment be contingent upon Contractor furnishing City with a written waiver and release of all claims against City arising from or related to the portion of Work covered by those undisputed amounts subject to the limitations of Public Contract Code § 7100. Any disputed amounts may be specifically excluded from the release. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 69 8.9 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon payment to Contractor. Article 9 - Labor Provisions 9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. Contractor and its Subcontractors are required to comply with all applicable Laws prohibiting discrimination, including the California Fair Employment and Housing Act (Govt. Code § 12900 et seq.), Government Code § 11135, and Labor Code §§ 1735, 1777.5, 1777.6, and 3077.5. 9.2 Labor Code Requirements. (A) Eight Hour Day. Pursuant to Labor Code § 1810, eight hours of labor constitute a legal day’s work under this Contract. (B) Penalty. Pursuant to Labor Code § 1813, Contractor will forfeit to City as a penalty, the sum of $25.00 for each day during which a worker employed by Contractor or any Subcontractor is required or permitted to work more than eight hours in any one calendar day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code § 1815. (C) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code § 1777.5, which is fully incorporated by reference. (D) Notices. Pursuant to Labor Code § 1771.4, Contractor is required to post all job site notices prescribed by Laws. 9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code §§ 1720 or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in §§ 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and available online at http://www.dir.ca.gov/dlsr. Contractor must post a copy of the applicable prevailing rates at the Project site. (A) Penalties. Pursuant to Labor Code § 1775, Contractor and any Subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion a day, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker. (B) Federal Requirements. If this Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements, Contractor and its Subcontractors are required to pay the higher of the currently applicable state or federal prevailing wage rates. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 70 9.4 Payroll Records. Contractor must comply with the provisions of Labor Code §§ 1776 and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. (A) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project. (B) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (C) Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor. 9.5 Labor Compliance. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR. Article 10 - Safety Provisions 10.1 Safety Precautions and Programs. Contractor and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. Contractor and its Subcontractors must at all times comply with all applicable health and safety Laws and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at any Worksite, materials and equipment stored on or off site, and property at or adjacent to any Worksite. (A) Reporting Requirements. Contractor must immediately notify the City of any death, serious injury or illness resulting from Work on the Project. Contractor must immediately provide a written report to City of each recordable accident or injury occurring at any Worksite within 24 hours of the occurrence. The written report must include: (1) the name and address of the injured or deceased person; (2) the name and address of each employee of Contractor or of any Subcontractor involved in the incident; (3) a detailed description of the incident, including precise location, time, and names and Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 71 contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with a government agency, Contractor will provide a copy of the report to City. (B) Legal Compliance. Contractor’s safety program must comply with the applicable legal and regulatory requirements. Contractor must provide City with copies of all notices required by Laws. (C) Contractor’s Obligations. Any damage or loss caused by Contractor arising from the Work which is not insured under property insurance must be promptly remedied by Contractor. (D) Remedies. If City determines, in its sole discretion, that any part of the Work or Project site is unsafe, City may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If Contractor fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with City’s request for corrective measures pursuant to this provision. 10.2 Hazardous Materials. Unless otherwise specified in the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to City. No asbestos, asbestos-containing products or other Hazardous Materials may be used in performance of the Work. 10.3 Material Safety. Contractor is solely responsible for complying with § 5194 of Title 8 of the California Code of Regulations, including by providing information to Contractor’s employees about any hazardous chemicals to which they may be exposed in the course of the Work. A hazard communication program and other forms of warning and training about such exposure must be used. Contractor must also maintain Safety Data Sheets (“SDS”) at the Project site, as required by Laws, for materials or substances used or consumed in the performance of the Work. The SDS will be accessible and available to Contractor’s employees, Subcontractors, and City. (A) Contractor Obligations. Contractor is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Project site and/or used in the performance of the Work. Contractor must notify the Engineer if a specified product or material cannot be used safely. (B) Labeling. Contractor must ensure proper labeling on any material brought onto the Project site so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal. 10.4 Hazardous Condition. Contractor is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 72 exists or is created, Contractor must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances. Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Project site condition, the method of construction, or the way any Work must be performed. 10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or property at or adjacent to any Worksite, Contractor must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the City if, under the circumstances, there is inadequate time to seek prior authorization from the City. Article 11 - Completion and Warranty Provisions 11.1 Final Completion. (A) Final Inspection and Punch List. When the Work required by this Contract is fully performed, Contractor must provide written notification to City requesting final inspection. The Engineer will schedule the date and time for final inspection, which must include Contractor’s primary representative for this Project and its superintendent. Based on that inspection, City will prepare a punch list of any items that are incomplete, missing, defective, incorrectly installed, or otherwise not compliant with the Contract Documents. The punch list to Contractor will specify the time by which all of the punch list items must be completed or corrected. The punch list may include City’s estimated cost to complete each punch list item if Contractor fails to do so within the specified time. The omission of any non-compliant item from a punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents. Contractor’s failure to complete any punch list item within the time specified in the punch list will not waive or abridge its warranty obligations for any such items that must be completed by the City or by a third party retained by the City due to Contractor’s failure to timely complete any such outstanding item. (B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City’s further inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, including instructions and manuals as required under Section 7.10, and complete, final as-built drawings as required under Section 7.11, all to City’s satisfaction. (C) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, unless the Engineer is authorized to accept the Project, in which case the Project will be considered accepted upon the date of the Engineer’s issuance of a written notice of acceptance. In order to avoid delay of Project close out, the City may elect, acting in its sole discretion, to accept the Project as complete subject to exceptions for punch list items that are not completed within the time specified in the punch list. (D) Final Payment and Release of Retention. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If Contractor fails to complete all of the punch list items within the specified time, City may Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 73 withhold up to 150% of City’s estimated cost to complete each of the remaining items from Final Payment and may use the withheld retention to pay for the costs to self- perform the outstanding items or to retain a third party to complete any such outstanding punch list item. 11.2 Warranty. (A) General. Contractor warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. Contractor warrants that materials or items incorporated into the Work comply with the requirements and standards in the Contract Documents, including compliance with Laws, and that any Hazardous Materials encountered or used were handled as required by Laws. At City’s request, Contractor must furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance. (B) Warranty Period. Contractor’s warranty must guarantee its Work for a period of one year from the date of Project acceptance (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. Contractor must obtain from its Subcontractors, suppliers and manufacturers any special or extended warranties required by the Contract Documents. (C) Warranty Documents. As a condition precedent to Final Completion, Contractor must supply City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers. (D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by Contractor and its Subcontractors, and Contractor agrees to be coguarantor of such Work. (E) Contractor’s Obligations. Upon written notice from City to Contractor of any defect in the Work discovered during the Warranty Period, Contractor or its responsible Subcontractor must promptly correct the defective Work at its own cost. Contractor’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which Contractor was notified prior to expiration of the Warranty Period. Work performed during the Warranty Period (“Warranty Work”) will be subject to the warranty provisions in this Section 11.2 for a one-year period that begins upon completion of such Warranty Work to City’s satisfaction. (F) City’s Remedies. If Contractor or its responsible Subcontractor fails to correct defective Work within ten days following notice by City, or sooner if required by the circumstances, City may correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse City for its costs in accordance with subsection (H), below. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 74 (G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, City may immediately correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor or its surety must reimburse City for its costs in accordance with subsection (H), below. (H) Reimbursement. Contractor must reimburse City for its costs to repair under subsections (F) or (G), above, within 30 days following City’s submission of a demand for payment pursuant to this provision. If City is required to initiate legal action to compel Contractor’s compliance with this provision, and City is the prevailing party in such action, Contractor and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce Contractor’s warranty obligations herein in addition to any and all costs City incurs to correct the defective Work. 11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion. City will notify Contractor in writing of its intent to occupy or make use of the Project or any portions of the Project, pursuant to this provision. (A) Non-Waiver. Occupation or use of the Project, in whole or in part, prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or Contractor’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect. (B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to Contractor’s cost or time to complete the Work within the Contract Time. 11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Subcontractor performs Work on the Project prior to City acceptance of the Project, except for warranty work performed under this Article. Article 12 - Dispute Resolution 12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work. (A) Definition. “Claim” means a separate demand by Contractor, submitted in writing by registered or certified mail with return receipt requested, for a change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, when the demand has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 75 rejected or disputed by City, in whole or in part. A Claim may also include that portion of a unilateral Change Order that is disputed by the Contractor. (B) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between Contractor and City. With the exception of any dispute regarding the amount of money actually paid to Contractor as Final Payment, Contractor is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to City in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by City. (C) Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount and applies in addition to the provisions of Public Contract Code § 9204 and § 20104 et seq., which are incorporated by reference herein. (D) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, Contractor must perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute. (E) Informal Resolution. Contractor will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face-to-face meeting between authorized representatives of Contractor and City. 12.2 Claims Submission. The following requirements apply to any Claim subject to this Article: (A) Substantiation. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Article 12 and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts. (B) Claim Format and Content. A Claim must be submitted in the following format: (1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 12 and specifying the requested remedy (e.g., amount of proposed change to Contract Price and/or change to Contract Time). (2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue, including the specific Change Order request (by number and submittal date), and the date of City's rejection of that demand, in whole or in part. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 76 (3) Provide a detailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently, separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim: a. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position; b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, RFIs, calculations, and schedule analysis (see subsection (A), Substantiation, above); c. A chronology of relevant events; and d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested. (4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, Contractor must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts. (5) Include the following certification, executed by Contractor’s authorized representative: “The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. Contractor warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived.” (C) Submission Deadlines. (1) A Claim disputing rejection of a request for a change in the Contract Time or Contract Price must be submitted within 15 days following the date that City notified Contractor in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. A Claim disputing the terms of a unilateral Change Order must be submitted within 15 days following the date of issuance of the unilateral Change Order. These Claim deadlines apply even if Contractor cannot yet quantify the total amount of any requested change in the Contract Time or Contract Price. If the Contractor cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by Contractor. (2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment or will be deemed waived. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 77 (3) A Claim disputing the amount of Final Payment must be submitted within 15 days of the effective date of Final Payment, under Section 8.7, Final Payment. (4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor. 12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and Contractor or as otherwise allowed under Public Contract Code § 9204. However, if City determines that the Claim is not adequately substantiated pursuant to Section 12.2(A), Substantiation, City may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against the Claim. (A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and Contractor. If Contractor’s Claim is based on estimated amounts, Contractor has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim. (B) Non-Waiver. Any failure by City to respond within the times specified above will not be construed as acceptance of the Claim, in whole or in part, or as a waiver of any provision of these Contract Documents. 12.4 Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, Contractor may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to dispute City’s response in writing within the specified time, Contractor’s Claim will be deemed waived. (A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. (C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any. (D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the Contractor may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 78 12.5 Mediation and Government Code Claims. (A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and Contractor will mutually agree to a mediator, as provided under Public Contract Code § 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of the mediator and mediation fees equally, but each party is otherwise solely and separately responsible for its own costs to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants. (B) Government Code Claims. (1) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim. (2) The time for filing a Government Code Claim will be tolled from the time Contractor submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation. 12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims. 12.7 Arbitration. It is expressly agreed, under Code of Civil Procedure § 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence. 12.8 Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; nonavailability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier. 12.9 Legal Proceedings. In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 79 instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the City's remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the City reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work. 12.10 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, including disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article 13. Article 13 - Suspension and Termination 13.1 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct Work in accordance with the Contract Documents, including non-compliance with applicable environmental or health and safety Laws, City may immediately order the Work, or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to City’s satisfaction. (A) Notice of Suspension. Upon receipt of City’s written notice to suspend the Work, in whole or in part, except as otherwise specified in the notice of suspension, Contractor and its Subcontractors must promptly stop Work as specified in the notice of suspension; comply with directions for cleaning and securing the Worksite; and protect the completed and in-progress Work and materials. Contractor is solely responsible for any damages or loss resulting from its failure to adequately secure and protect the Project. (B) Resumption of Work. Upon receipt of the City’s written notice to resume the suspended Work, in whole or in part, except as otherwise specified in the notice to resume, Contractor and its Subcontractors must promptly re-mobilize and resume the Work as specified; and within ten days from the date of the notice to resume, Contractor must submit a recovery schedule, prepared in accordance with the Contract Documents, showing how Contractor will complete the Work within the Contract Time. (C) Failure to Comply. Contractor will not be entitled to an increase in the Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. (D) No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty to suspend the Work, and City’s failure to suspend the Work will not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents. 13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City’s convenience. Upon notice by City pursuant to this provision, Contractor must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by City except for taking measures to protect completed or in- Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 80 progress Work as directed in the suspension notice, and subject to the provisions of Section 13.1(A) and (B), above. If Contractor submits a timely request for a Change Order in compliance with Articles 5 and 6, the Contract Price and the Contract Time will be equitably adjusted by Change Order pursuant to the terms of Articles 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience, except to the extent that any such impacts were caused by Contractor’s failure to comply with the Contract Documents or the terms of the suspension notice or notice to resume. However, the Contract Time will only be extended if the suspension causes or will cause unavoidable delay in Final Completion. If Contractor disputes the terms of a Change Order issued for such equitable adjustment due to suspension for convenience, its sole recourse is to comply with the Claim procedures in Article 12. 13.3 Termination for Default. City may declare that Contractor is in default of the Contract for a material breach of or inability to fully, promptly, or satisfactorily perform its obligations under the Contract. (A) Default. Events giving rise to a declaration of default include Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; Contractor’s refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct defective Work or damage; Contractor’s failure to comply with Laws, or orders of any public agency with jurisdiction over the Project; evidence of Contractor’s bankruptcy, insolvency, or lack of financial capacity to complete the Work as required within the Contract Time; suspension, revocation, or expiration and nonrenewal of Contractor’s license or DIR registration; dissolution, liquidation, reorganization, or other major change in Contractor’s organization, ownership, structure, or existence as a business entity; unauthorized assignment of Contractor’s rights or duties under the Contract; or any material breach of the Contract requirements. (B) Notice of Default and Opportunity to Cure. Upon City’s declaration that Contractor is in default due to a material breach of the Contract Documents, if City determines that the default is curable, City will afford Contractor the opportunity to cure the default within ten days of City’s notice of default, or within a period of time reasonably necessary for such cure, including a shorter period of time if applicable. (C) Termination. If Contractor fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the notice of default, City may issue written notice to Contractor and its performance bond surety of City’s termination of the Contract for default. (D) Waiver. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond within seven calendar days from the date of the notice of termination pursuant to paragraph (C), City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination, where “additional cost” means all cost in excess of the cost City would have incurred if Contactor had timely completed Work without the default and termination. In addition, City will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on City property for the purposes of completing the remaining Work. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 81 (E) Compensation. Within 30 days of receipt of updated as-builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to City of all equipment and materials for the Project for which Contractor has already been compensated, Contractor will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold or deduct sums from payment otherwise due pursuant to Section 8.3, and excluding any costs Contractor incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If Contractor disputes the amount of compensation determined by City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of the total compensation to be paid by City. (F) Wrongful Termination. If Contractor disputes the termination, its sole recourse is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and Contractor’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below. Contractor waives any claim for any other damages for wrongful termination including special or consequential damages, lost opportunity costs, or lost profits, and any award of damages is subject to Section 12.8, Burden of Proof and Limitations. 13.4 Termination for Convenience. City reserves the right, acting in its sole discretion, to terminate all or part of the Contract for convenience upon written notice to Contractor. (A) Compensation to Contractor. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to Contractor, and Contractor will not be entitled to any additional claim or compensation: (1) Completed Work. The value of its Work satisfactorily performed as of the date notice of termination is received, based on Contractor’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work; (2) Demobilization. Demobilization costs specified in the schedule of values, or if demobilizations cost were not provided in a schedule of values pursuant to Section 8.1, then based on actual, reasonable, and fully documented demobilization costs; and (3) Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date. (B) Disputes. If Contractor disputes the amount of compensation determined by City pursuant to paragraph (A), above, its sole recourse is to comply with the Claim procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of total compensation to be paid by City. Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 82 13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part. (A) General. Upon termination City may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. Contractor will transfer title to and deliver all completed Work and all Work in progress to City. (B) Submittals. Unless otherwise specified in the notice of termination, Contractor must immediately submit to City all designs, drawings, as-built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, including incomplete documents or drafts. (C) Close Out Requirements. Except as otherwise specified in the notice of termination, Contractor must comply with all of the following: (1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with City’s instructions for cessation of labor and securing the Project and any other Worksite(s). (2) Comply with City’s instructions to protect the completed Work and materials, using best efforts to minimize further costs. (3) Contractor must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated. (4) As directed in the notice, Contractor must assign to City or cancel existing subcontracts that relate to performance of the terminated Work, subject to any prior rights, if any, of the surety for Contractor’s performance bond, and settle all outstanding liabilities and claims, subject to City’s approval. (5) As directed in the notice, Contractor must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to City. (D) Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination, Contractor will submit its request for Final Payment, including any amounts due following termination pursuant to this Article 13. Payment will be made in accordance to the provisions of Article 8, based on the portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing, including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by Contractor; payments received for sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as otherwise specified in Section 8.3, Adjustment of Payment Application. (E) Continuing Obligations. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, Service Center Security Gate Project 2021 Form GENERAL CONDITIONS 2023-103 Page 83 warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date. Article 14 - Miscellaneous Provisions 14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code § 7103.5, Contractor and its Subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders Final Payment to Contractor, without further acknowledgement by the parties. 14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly. 14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by City. 14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose. 14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that that bids were due. 14.6 Survival. The provisions that survive termination or expiration of this Contract include Contract Section 11, Notice, and subsections 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6, of Section 12, General Provisions; and the following provisions in these General Conditions: Section 2.2(J), Contractor’s Records, Section 2.3(C), Termination, Section 3.7, Ownership, Section 4.2, Indemnity, Article 12, Dispute Resolution, and Section 11.2, Warranty. END OF GENERAL CONDITIONS Service Center Security Gate Project 2021 Form SPECIAL CONDITIONS 2023-103 Page 84 Special Conditions 1. Authorized Work Days and Hours. 1.1 Authorized Work Days. Except as expressly authorized in writing by City, Contractor is not authorized to performing Work on the Project on the following days: City Observed Holidays Fall Festival November 10, 2023 - Veteran’s Day November 13, 2023 - Diwali 1.2 Authorized Work Hours. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project during the following hours: 7:30 a.m. to 3:30 p.m. on weekdays. 2. Pre-Construction Conference. City will designate a date and time for a preconstruction conference with Contractor following Contract execution. Project administration procedures and coordination between City and Contractor will be discussed, and Contractor must present City with the following information or documents at the meeting for City’s review and acceptance before the Work commences: 2.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent; 2.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours; 2.3 Staging plans that identify the sequence of the Work, including any phases and alternative sequences or phases, with the goal of minimizing the impacts on residents, businesses and other operations in the Project vicinity; 2.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer; 2.5 Draft baseline schedule for the Work as required under Section 5.2, to be finalized within ten days after City issues the Notice to Proceed; 2.6 Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to Contractor; 2.7 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers; 2.8 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements; 2.9 Videotape and photographs recording the conditions throughout the preconstruction Project site, showing the existing improvements and current condition of the curbs, gutters, sidewalks, signs, landscaping, streetlights, structures near the Project such as Service Center Security Gate Project 2021 Form SPECIAL CONDITIONS 2023-103 Page 85 building faces, canopies, shades and fences, and any other features within the Project area limits; 2.10 If requested by City, Contractor’s cash flow projections; and 2.11 Any other documents specified in the Special Conditions or Notice of Potential Award. 3. Insurance Requirements. The insurance requirements under Section 4.3 of the General Conditions are modified for this Contract, as set forth below. Except as expressly stated below, all other provisions in Section 4.3 are unchanged and remain in full force and effect. 3.1 Pollution Liability Insurance Waived. The pollution liability insurance policy requirement set forth in subsection 4.3(A)(4) of the General Conditions is hereby waived and does not apply to this Contract. 3.2 Builders Risk Insurance Waived. The builder’s risk insurance policy requirement set forth in subsection 4.3(A)(5) of the General Conditions is hereby waived and does not apply to this Contract. 4. Normal Weather Delay Days. This provision is intended to supplement the requirements of General Conditions Section 5.2 on Schedule Requirements and Section 5.3 on Delays and Extensions of Contract Time. Based on historic records for the Project location, Contractor’s schedule should assume the following number of normal Weather Delay Days for each month: Month # Normal Weather Delay Days January 6 February 6 March 6 April 3 May 1 June 0 July 0 August 0 September 1 October 2 November 4 December 5 Weather Delay Days which do not occur during a given month based on the number of days allocated for that month (above) do not carry over to another month. 5. Construction Manager Role and Authority. The City may obtain a Construction Manager for this Project. The Construction Manager will assist City in the management of the construction of the Project. The Construction Manager may perform services in the areas of supervision and coordination of the work of Contractor and/or other contractors, scheduling the Work, monitoring the progress of the Work, providing City with evaluations and recommendations concerning the quality of the Work, recommending the approval of progress payments to Contractor, or other services for the Project in accordance with the Construction Manager’s contract with City. Service Center Security Gate Project 2021 Form SPECIAL CONDITIONS 2023-103 Page 86 5.1 Communications. Contractor must submit all notices and communications relating to the Work directly to the City in writing, as follows: Jimmy Tan, P.E. 10555 Mary Avenue Cupertino, CA 95 PH: (408) 777-3248 Email: jimmyt@cupertino.org With a copy to the Engineer: Richard J. Laureta, PE 150 Executive Park Blvd, Suite 4200 San Francisco, CA 94134 PH: (415) 530-7070 Email: laureta@freyerlaureta.com 5.2 On-Site Management and Communication Procedures. The Construction Manager will provide and maintain a management team on the Project site to provide contract administration as an agent of City, and will establish and implement coordination and communication procedures among City, the Design Professional, Contractor, and others. 5.3 Contract Administration Procedures. The Construction Manager will establish and implement procedures for reviewing and processing requests for clarifications and interpretations of the Contract Documents, Shop Drawings, samples, other submittals, schedule adjustments, Change Order proposals, written proposals for substitutions, payment applications, and maintenance of logs. 5.4 Pre-Construction Conference. Contractor will attend the pre-construction conference, during which the Construction Manager will review the Contract administration procedures and Project requirements. 5.5 Contractor’s Construction Schedule. The Construction Manager will review Contractor’s construction schedules and will verify that each schedule is prepared in accordance with the requirements of the Contract Documents. 6. Close Out Requirements. Contractor’s close out requirements include the following, if applicable: 6.1 Contractor must replace, with thermoplastic, any existing striping within and adjacent to the Project site that is damaged during the Work. Partially damaged striping must be replaced in its entirety. 6.2 Contractor must replace any survey monuments that are damaged or removed during the Work, with a Record of Survey filed by a licensed land surveyor as required by California law. 6.3 Before removing any traffic control or street signs on the Project site, Contractor must take photographs showing their original locations. Upon completion of each phase of construction, Contractor must temporarily reset the signs at those locations. Contractor must then replace the signs permanently upon completion of the Work and the cost of their removal and replacement must be included in the Bid Proposal. Service Center Security Gate Project 2021 Form SPECIAL CONDITIONS 2023-103 Page 87 6.4 Contractor must maintain any rural mail boxes on the Project site and relocate them to their permanent locations as soon as possible in the course of the Work, to the satisfaction of the affected property owners and the postal service. 7. NOT USED 8. Lines and Grades Verification. All Work must be done to the lines, grades, and elevations indicated on the Plans and Specifications, and in accordance with all applicable codes and laws. Contractor is required to verify forms and other work comply with lines, grades and elevations. Prior to pouring or placing any concrete or asphalt Contractor must have a California licensed land surveyor or civil engineer field verify lines, grades and elevations prior to proceeding with the placement of concrete or asphalt. The land surveyor or civil engineer must have at least five years of relevant experience, and must be acceptable to the City. Contractor must provide City verification of the licensing and experience for each proposed land surveyor or civil engineer. Contractor must provide City with inspection results for form and grade work. Contractor must remedy any non-compliant Work at no additional cost to City. 9. Notification of Residents, Schools and Businesses. The Contractor shall notify, in writing, residents, businesses and schools within a 300 foot radius of project limits at a minimum of two times prior to start of construction. The first notice shall be given to all residents, businesses and schools within the project area five working days prior to any construction operation. The second notice shall be given to residents, businesses and schools two working days prior to any construction operation. Both notices shall be in writing and submitted to the Engineer for review and approval. Sample notice is below. Notices shall include the project name, describe the nature and duration of the Contractor’s operations, and provide a toll-free telephone number or (408) area code number at which a Contractor’s representative may be contacted 24 hour per day for problems or emergencies encountered by residents and/or businesses. Answering machines and voice mail shall not be permitted. Then notice will also contain the City’s Construction Management contact information. A separate notice shall be given at least two working days prior to any anticipated service/utility disruption or temporary closure of access to any driveway. The notice shall indicate the duration of the disruption. The Contractor shall submit a written request to the Engineer regarding the temporary closure of access to any driveway. No driveway access shall be closed by the Contractor at any time without prior written authorization from the Engineer. If construction operations are delayed for any reason beyond the duration stipulated in the notices, the Contractor shall re-issue written notices that explain the delay and provide a revised schedule. All written notices to residents, schools, businesses, agencies, etc. shall be submitted to the City for review and approval. Provide the City with a schedule of the notification deliveries so that the City can confirm that the notification was completed. Payment for compliance with this section shall be deemed included in the various other items of work, and no additional compensation will be allowed therefore. [Sample Notice on next page] Service Center Security Gate Project 2021 Form SPECIAL CONDITIONS 2023-103 Page 88 SAMPLE NOTICE: NOTICE TO RESIDENTS / BUSINESS OWNERS Date: [MONTH] [DAY], [YEAR] Subject: [NAME OF PROJECT] – [One Week OR Two Day] Notice This notice is to inform you that the City of Cupertino, Department of Public Works, has contracted with [CONTRACTOR NAME] to [SCOPE OF WORK] along [STREET NAME] from [ADJACENT CROSS STREET] to [ADJACENT CROSS STREET]. This [SCOPE OF WORK] will mainly occur on [WEEKDAYS, SEE “SCHEDULE OFWORKING DAYS/HOURS”] from [START TIME] to [END TIME] and is scheduled to start in your area APPROXIMATELY seven days from the date of this notice and will continue from [START DATE] until [END DATE]. Please be aware that there may be construction activities that cause traffic delays. [CONTRACTOR NAME] will make every effort to maintain normal traffic access and minimize disruption in your neighborhood. No Parking / Tow‐Away signs will be posted in affected areas two working days in advance of enforcement. Access to driveways will be maintained at ALL times during the construction. Prior to activities in your immediate area, you will be sent a notification TWO WORKING DAYS before work begins. [CONTRACTOR NAME] and the City of Cupertino, Department of Public Works, apologize for any inconvenience due to these activities. If you have any questions or need assistance as these activities progress, please call the number(s) listed below: [CONTRACTOR NAME] [NAME OF PROJECT MANAGER, CONTRACTOR) Project Manager (XXX) XXX‐XXXX (24-hour number) City of Cupertino (NAME OF CONSTRUCTION MANAGEMENT FIRM IF ONE) (PERSON’S NAME FROM CONSTRUCTION MANAGEMENT FIRM) (XXX) XXX‐XXXX (24-hour number) City Office: (408)777-3354 Department of Public Works Thank you for your patience and cooperation, [NAME OF PROJECT MANAGER, CONTRACTOR], Project Manager [NAME OF CONSTRUCTION FIRM] END OF SPECIAL CONDITIONS City of Cupertino Service Center Security Gate Project TOC TECHNICAL SPECIFICATIONS 2023-103 Page 89 TECHNICAL SPECIFICATIONS Table of Contents 02 41 00 Demolition 03 30 00 Cast In Place Concrete 26 01 00 General Electrical Requirements 26 10 00 Basic Materials and Methods 31 23 33 Trenching and Backfilling 32 01 91 Tree Protection 32 12 16 Asphalt Paving 32 31 00 Security Fencing and Gates 33 05 23 Horizontal Directional Drilling City of Cupertino Service Center Security Gate Project DRAWING INDEX 2023-103 Page 90 Drawing Index CIVIL C1 Cover Sheet C2 Demolition Plan C3 Civil Improvements Plan ELECTRICAL E1 Electrical Plan GATE AD-1 Inward Swing Gate Plan AD.E-1 Inward Swing Gate O.S.L.I. City of Cupertino Service Center Security Gate Project 02 41 00 Demolition 2023-103 Page 91 SECTION 02 41 00 Demolition PART 1 - GENERAL 1.1 SUMMARY A. Perform all planning, administration, execution, and cleaning necessary to safely demolish, remove and properly dispose of site features, structural, landscaping, existing gate, and pavement elements designated for removal on the project drawings. B. Assume ownership of debris and unwanted materials; remove from the site and dispose of legally and in accordance with applicable Federal, State, and local requirements. Sale of removed items or materials onsite shall not be permitted. C. This Section includes (but is not necessarily limited to): 1. Site preparation as described under Section 1.4 Site Preparation. 2. Demolition of existing concrete and asphalt concrete pavements as indicated on the Drawings 3. Removal of existing above grade and below grade utility piping, structures, and appurtenances as indicated on the Drawings. 4. Repair or replace new and existing improvements damaged during performance of the work. 5. Protection of existing utilities and site features. 6. Field verification of existing utility locations prior to performance of work. 7. All work shall be performed in strict accordance to latest requirements of EPA, OSHA, and other applicable Federal, State, and local requirements. D. The Contractor is advised that work under this Section may be hazardous. The Contractor is to take all necessary precautions to ensure the safety of workers and property. If hazardous materials are uncovered or suspected, notify the Owner’s Representative immediately. E. The Contractor shall demolish the AC Pavement area only on Thursdays and Fridays, the days with the least truck traffic. 1.2 SCOPE OF WORK A. Furnish all labor, materials, equipment and incidentals governed by this section necessary to perform demolition as specified herein and on the Drawings. 1.3 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General Conditions. B. Section 31 23 33 – Trenching and Backfilling. City of Cupertino Service Center Security Gate Project 02 41 00 Demolition 2023-103 Page 92 C. Section 32 01 91 – Tree Protection 1.4 SITE PREPARATIONS A. Site preparation shall consist of clearing, grubbing, and related work necessary to prepare the project site for construction operations before beginning site demolition. B. Demolition activities shall not commence until temporary erosion, sedimentation, and dust control measures are in place. Perform existing irrigation verification prior to commencing work. C. Demolition of existing concrete shall include concrete removal and disposal. D. Clearing: Clearing shall consist of removal and disposal of all roots and stumps, tree stumps, and areas where the tree stumps where removed. All roots larger than 1 inch in diameter, to whatever depth is necessary, and matted roots shall be removed from the construction area. E. Disposal: Dispose of remaining vegetation and debris in a legal manner and in accordance with applicable Federal, State, and local requirements. F. Shut off power to all light poles and electrical junction boxes identified for removal prior to performing work. Typical lock out/tag out protocols shall be followed. G. Utility Location: Contractor shall notify Under Ground Service Alert (USA) a minimum of 48 hours before performing intrusive activities. Contractor shall utilize a utility locator to confirm utility locations within the limits of work and pothole to verify utility location. Contractor shall not perform invasive activities until the start time indicated on the USA ticket or two working days (whichever is later) has passed. 1.5 SUBMITTALS A. Pre Job Submittals: At least four complete copies of the following Pre-Job Submittals shall be provided to the Owner’s Representative, reviewed, and accepted as complete prior to starting any work at the site. The submittals shall be bound as a set, titled, indexed, and include a table of contents. 1. Proposed Methods and Operations: Provide the proposed methods and operations of demolition to Owner’s Representative for review and approval prior to start of work. Include: a. Pre-demolition engineering survey of existing structures in accordance with 29 CFR 1926.850. b. Protections: 1) Submit proposed barrier and protection systems to protect existing adjacent facilities during the work. 2) Submit proposed barrier and protection systems to ensure safe passage of persons and traffic around area of demolition. 2. Quality Control and Quality Assurance Program: Contractor shall submit a comprehensive Quality Control and Quality Assurance Program for the demolition for City of Cupertino Service Center Security Gate Project 02 41 00 Demolition 2023-103 Page 93 the Owner’s Representative review and approval. This program shall include special safety provisions to be implemented during demolition. 3. Photographs: Prepare and submit a photographic record of existing adjacent structures, within the limits of and adjacent to the work area, site improvements, and pavements within the site boundaries, and at approaches to the site boundaries. 4. Submit a site safety plan and excavation dewatering plan. B. Chain of Custodies for all disposed materials including weigh tickets and disposal documentation from disposal location. C. Results of Utility Location Survey: Contractor shall submit to Owner’s Representative the results of the utility survey, including a copy of the Underground Service Alert ticket. D. Condition of Site: Owner assumes no responsibility for actual condition of site to be demolished. Conditions existing at the time of bidding will be maintained by the Owner insofar as practicable. E. Provide approved borrow soils materials from off-site when sufficient approved soil materials are not available from excavations. F. Remove protections at completion of work. 1.6 WORKSITE CONDITIONS A. Heat Stress: Contractor shall be aware of the hazards that may arise from operations performed in extreme heat. It is the Contractor's responsibility and duty to comply with all laws, rules and regulations (including Cal OSHA CCR Title 8 Section 3395 and other applicable Cal OSHA regulations) relating to the control of heat-related injuries. B. Fire: Contractor shall be aware of the hazards that may arise from fire. It is the Contractor's responsibility and duty to comply with all laws, rules and regulations (including OSHA regulations) relating to fire and fire safety and to utilize non-flammable materials where possible. C. Confined Spaces: Contractor shall be aware of the hazards that may arise from operations performed within confined spaces. It is the Contractor's responsibility and duty to comply with all laws, rules and regulations (including OSHA regulations) relating to identification, entry, and employee safety and work operations within confined spaces. D. Lockout/Tagout: Contractor shall be aware of the hazards that may arise from hazardous energy including electrical circuits and the release of stored energy. It is the Contractor's responsibility and duty to comply with all laws, rules and regulations (including OSHA regulations) relating to the control of hazardous energy. E. Occupancy: The site to be demolished will continue to be used by the owner through completion of the project. City of Cupertino Service Center Security Gate Project 02 41 00 Demolition 2023-103 Page 94 PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.1 SITE IMPROVEMENTS A. Contractor shall remove existing above- and at-grade features, gates, fencing, and pavements as indicated on the Drawings and necessary to facilitate excavation. B. Contractor shall remove paving section to full depth as indicated on Drawings. Contractor shall neatly saw cut pavements where specified leaving a clean vertical face. 3.2 TRAFFIC A. Conduct demolition operations and removal of debris in accordance with the requirements shown on the project plans. Demolition/construction activities in the driveway will be limited to the days shown on the project plans to limit disruption to maintenance staff. B. Do not close or obstruct streets, walks, or other occupied or used facilities without permission from the City and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways as required by governing regulations. C. Staging of trucks, equipment, and materials shall be within the boundaries of the worksite, coordinated with the City representative. D. PROTECTIONS 1. Construct barriers and protection systems to ensure safe passage of persons around area of demolition as necessary. Conduct operations to prevent damage to adjacent buildings, structures, and other facilities, and injury to persons. 2. Protect air quality in existing adjacent buildings as necessary by protecting air intakes from dust and exhaust fumes. 3. Protect and maintain benchmarks and survey control points from disturbance during construction. 4. Protect live utilities and new utilities not yet activated and decommission abandoned utilities. 5. Protect existing site improvements including the adjacent landscaping, sidewalks, open space and skate park. 6. Protect environmental sensitive areas that are identified on the Drawings or surrounded by special fencing that has been placed by the City. E. DAMAGES 1. Promptly repair damages caused to adjacent facilities by demolition operations to the satisfaction of the Owner’s Representative, and at no cost to the Owner. 2. The Owner and the Owner’s Representative shall be notified of any damage to adjacent City of Cupertino Service Center Security Gate Project 02 41 00 Demolition 2023-103 Page 95 facilities. 3. Repair procedures must be approved by the Owner’s Representative. F. UTILITY SERVICES 1. Maintain existing utilities indicated to remain in service and protect against damage during demolition operations. 2. Do not interrupt existing utilities serving adjacent sites or facilities, except when authorized in writing by the Owner’s Representative. Provide temporary services during interruptions to existing utilities, as acceptable to the Owner’s Representative. G. POLLUTION CONTROLS 1. Use water sprinkling, temporary enclosures, and other suitable methods to limit atmospheric emissions of dust and dirt to lowest practical level. Comply with governing regulations pertaining to environmental protection. 2. Control use of water so as to avoid creating hazardous or objectionable conditions such as ice, flooding, ponding or pollution. 3. Prevent adjacent structures and improvements from being impacted by dust, dirt and debris caused by demolition operations. Clean adjacent structures and improvements of dust, dirt, and debris caused by demolition operations should they become impacted to the satisfaction of the Owner’s Representative. Return adjacent areas to condition existing prior to start of work. 4. Comply with the Storm Water Pollution Prevention Plan (SWPPP) and the State Water Resources Control Board’s 2009-0009-DWQ Construction General Permit (General Permit). H. NOISE CONTROL 1. Comply with all Federal, State, and local regulations concerning noise. 2. Provide documentation that noise levels do not exceed Federal, State, and local regulations. 3.3 IF HAZARDOUS MATERIALS ARE ENCOUNTERED A. If hazardous materials or materials suspected of being hazardous are discovered, stop work and notify the Owner’s Representative immediately. B. Burning of removed materials is not be permitted. C. Store debris in suitable covered containers and remove from site when full. D. Removal: Properly characterize and transport materials and dispose of them off-site in accordance with applicable Federal, State, and local requirements. END OF SECTION 02 41 00 City of Cupertino Service Center Security Gate Project 03 30 00 Cast-in-Place Concrete 2023-103 Page 96 SECTION 03 30 00 Cast-in-Place Concrete PART 1 - GENERAL 1.1 SECTION INCLUDES A. The work in this section includes all the work and materials associated with concrete work. 1.2 REFERENCES A. American Concrete Institute (ACI): 1. ACI 117 Standard Tolerances for Concrete Construction and Materials 2. ACI 301 Specifications for Structural Concrete for Buildings 3. ACI 318 Building Code Requirements for Structural Concrete 4. ACI 347 Guide to Formwork for Concrete B. American Society for Testing and Materials (ASTM): 1. ASTM C31 Making and Curing Concrete Test Specimens in the Field 2. ASTM C33 Concrete Aggregates 3. ASTM C39 Compressive Strength of Cylindrical Concrete Specimens 4. ASTM C40 Organic Impurities in Fine Aggregates for Concrete 5. ASTM C94 Ready-Mixed Concrete 6. ASTM C136 Sieve Analysis of Fine and Coarse Aggregates 7. ASTM C142 Clay Lumps and Friable Particles in Aggregates 8. ASTM C143 Slump of Hydraulic-Cement Concrete 9. ASTM C150 Portland Cement 10. ASTM C156 Water Retention by Concrete Curing Materials 11. ASTM C171 Sheet Materials for Curing Concrete 12. ASTM C172 Sampling Freshly Mixed Concrete 13. ASTM C192 Making and Curing Concrete Test Specimens in the Laboratory 14. ASTM C260 Air-Entraining Admixtures for Concrete 15. ASTM C494 Chemical Admixtures for Concrete 16. ASTM C618 Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Portland Cement Concrete 17. ASTM C881 Epoxy-Resin-Base Bonding Systems for Concrete City of Cupertino Service Center Security Gate Project 03 30 00 Cast-in-Place Concrete 2023-103 Page 97 1.3 SUBMITTALS A. Product Data: 1. Concrete mix product certification: Submit certified laboratory test results that the mix proportions and materials comply with these Specifications. a. Cementitious materials. b. Coarse and fine aggregates. c. Admixtures. d. Water. e. Mix designs. 2. Formwork products: a. Forms, if fabricated off construction site. b. Form ties or through-bolts. c. Form coatings. 3. Miscellaneous products: Submit technical data including installation instructions, independent laboratory test reports (ICC), and handling and storage instructions. a. Curing materials and curing program. b. Epoxy compounds, including adhesives and grouts c. Methods and materials for concrete repairs PART 2 - PRODUCTS 2.1 MATERIALS A. Concrete: Concrete shall be 6-Sack Portland cement concrete with 1-inch max coarse aggregate, 5-inch maximum slump and 3,500 psi minimum 28-day compressive strength and shall conform to the requirements of Section 90, Portland Cement Concrete, of the Standard Specifications. B. Reinforcing bars (if shown on plan) 1. General: Deformed bars, ASTM A615, Grade 60. 2. Dowels: All dowels are deformed bars unless shown otherwise on the Drawings. C. Cementitious Materials: 1. General: Use only one brand of each cementitious material. The color shall not significantly alter the typical grey concrete color. 2. Portland Cement: ASTM C150, Type II. Comply with the requirements for low alkali cement in ASTM C150 Table 2. City of Cupertino Service Center Security Gate Project 03 30 00 Cast-in-Place Concrete 2023-103 Page 98 3. Pozzolan: ASTM C618, Mineral Admixture Class N. 4. Blended Cement: ASTM C595 Type 1P(MS). 5. Fly ash: ASTM C618, Class F, with the following restrictions: a. Loss on Ignition: 4% maximum b. SO3 Content: 3% maximum c. Moisture Content: 1% maximum D. Concrete Aggregates: 1. General: ASTM C33: a. Provide free from organic materials, waste products, clay balls, shale, and mica and thoroughly washed before use. b. Provide aggregate meeting the combined gradation requirements below. For thin sections, such as slabs or walls 10 inches thick or less, or for sections that require special placement due to shape, form or congestion of reinforcing, provide 1-inch maximum size. c. Provide aggregates that do not deleteriously react with the alkalies in the cement. d. Grading: ASTM C136. Submit results of sieve analysis. e. Reactivity: ASTM C289. Submit graphical data showing compliance. 2. Coarse Aggregates: a. Provide clean, hard, durable gravel, crushed gravel, crushed rock, or combinations. b. Deleterious substances: Submit compliance with ASTM C33, Table 3 and as follows: 1) Clay lumps and friable particles: ASTM C142. Not more than 5%. 2) Abrasion: ASTM C131. Not more than 45%. 3) Soundness: ASTM C88. Not more than 10%. 4) Cleanness: Caltrans Test 227. For three tests, not less than 70, with an average greater than 75. Max friable/clay materials in coarse aggregate at 2% for exposed architectural concrete, 3% for liquid retaining concrete structures, and 5% for all other structural concrete. c. Do not use aggregate containing more than 10% of inferior materials, flat or elongated particles, cracked or laminated rock, or rock than can be readily broken after immersion in water for one hour. 3. Fine Aggregate: a. Provide natural sand or a combination of natural and manufactured sand, of siliceous, granitic or igneous origin, hard and durable. b. Deleterious substances: Submit compliance with ASTM C33 Table 1 and as follows: City of Cupertino Service Center Security Gate Project 03 30 00 Cast-in-Place Concrete 2023-103 Page 99 1) Organic impurities: ASTM C40 and C87. Not less than 95% relative strength by ASTM C87. 2) Sand equivalent: CALTRANS Test 217. For three tests not less than 70, with an average greater than 75. E. Combined Aggregates: Provide a mixture of fine aggregate and coarse aggregate uniformly graded between the screen sizes specified below. City of Cupertino Service Center Security Gate Project 03 30 00 Cast-in-Place Concrete 2023-103 Page 100 Sieve Size Percentage Passing NOT USED 1-inch Maximum 2" -- 1-1/2" 100 1" 90-100 3/4" 55-100 3/8" 45-75 No. 4 35-60 No. 8 27-45 No. 16 20-35 No. 30 12-25 No. 50 3-15 No. 100 0-5 No. 200 0-2 2.2 WATER A. Provide water meeting AASHTO T26 for washing aggregates, for mixing concrete, for patching grout and for curing that is free from oil and contains not more than 1,000 parts per million (ppm) of chlorides as Cl, nor more than 1,300 ppm of sulfates as SO4. Do not allow impurities that will cause a change in the setting time of the Portland Cement of more than 25%, nor a reduction in the compressive strength of mortar at 14 days of more than 5%, when compared to the results obtained with distilled water. B. Do not allow impurities that cause discoloration of the concrete or produce etching of the surface. C. The Engineer may require tests of the water should there be a question of the quality. Costs of such tests would be borne by the Owner unless the quality does not meet the requirements in Paragraph A above. 2.3 ADMIXTURES A. Air Entraining: ASTM C260 B. Accelerating: ASTM C494, Type C or E C. Retarding: ASTM C494, Type D D. Water Reducing: ASTM C494, Type A E. High Range Water Reducing: ASTM C494, Types F or G, second or third generation type. Add at the batch plant, after all other ingredients have been mixed and initial slump has been verified. F. Shrinkage Reducing: ASTM C157. Eclipse by W.R. Grace, Tetraguard AS20 by City of Cupertino Service Center Security Gate Project 03 30 00 Cast-in-Place Concrete 2023-103 Page 101 Master Builders, or equal. G. Corrosion Inhibition and Permeability Reduction (Silica Fume): ASTM C1240. Force 10,000 or 10,000D (dry) by W.R Grace, Rheomac SF 100 (dry) or 110 by Master Builders, or equal. 2.4 EPOXY BONDING SYSTEM A. For bonding new to pre-existing concrete, provide Sikadur 32 Hi-Mod by Sika Chemical Corporation, Concresive Liquid LPL by Master Builders, or equal. PART 3 - EXECUTION 3.1 FORMS A. Contractor shall take responsibility for adequacy of the form and bracing. Satisfy ACI 347. Forms shall be carefully set to alignment and dimensions of the equipment pad. Forms shall be held rigidly in place. Provide tight seams, or seal with tape, to be mortar tight. All forms shall be thoroughly cleaned and coated with form oil to prevent the concrete from adhering to them. Wood forms may, instead, be thoroughly wetted with water before concrete is placed. If inadequate support is provided by the forms, remove all placed concrete and replace, as directed. Chamfers shall be placed at all exposed outside corners. B. Chamfers: ¾-inch at all exposed outside corners, including the top edges of all walls, machinery bases and curbs. Use mill run chamfer strips surfaced all sides. 3.2 CONCRETE PLACEMENT A. Before placing concrete, inspect and complete formwork installation, reinforcing steel, and installation of items to be embedded or cast in. No concrete placement shall commence before forms and reinforcing are approved by Inspector. Compact the concrete with high frequency, internal mechanical vibrating equipment, and when required, supplement by hand spading and tamping. Consolidate slabs six inches or less in depth by hand tampers, spreading and settling with a heavy leveling straightedge. 3.4 CONCRETE CURING A. All equipment pads shall be cured by keeping continuously moist for three days after placement either by sprinkling, covering with a waterproof membrane, or applying Type 1 concrete curing compound. City of Cupertino Service Center Security Gate Project 03 30 00 Cast-in-Place Concrete 2023-103 Page 102 3.5 CONCRETE REPAIR A. Inspect all concrete surfaces immediately after carefully removing forms. Defective work includes concrete out of line, level or plumb; cracks, poor joints, rock pockets, honeycomb, voids, spalls and exposed reinforcing. Patch all minor defects, including form tie holes, before the concrete is thoroughly dry. Do not interrupt the curing program. Ensure that repairs match the existing surface for color and texture. Repair minor defects with cement mortar. Cut out to solid concrete but not to a depth of less than 1 inch. END OF SECTION 03 30 00 City of Cupertino Service Center Security Gate Project 26 01 00 General Electrical Requirements 2023-103 Page 103 SECTION 26 01 00 General Electrical Requirements PART 1 - GENERAL 1.1 WORK INCLUDED A. General: Furnish all labor, materials, apparatus, tools, equipment, transportation, temporary construction and special or occasional services as required to make a complete working electrical installation, as shown on Drawings or described in these specifications. B. Work Included: 1. Interior, outdoor, and site lighting fixtures, poles, accessories, and controls. 2. Grounding and bonding. 3. Trenching, backfill, compaction, directional boring. 4. Concrete pull boxes and covers. 5. Conduit, raceways and fittings. 6. Patching, sealing and fire stopping. 7. Poured-in-place concrete pole footings. 8. Panels, overcurrent devices, and feeders. 9. Branch circuit wiring for all outlets for lighting, receptacles, devices, and 10. Connections for mechanical and plumbing equipment. 11. Power feeders consisting of conductors and raceways for panels. 12. Testing. 1.2 RELATED WORK A. Perform the following work, in accordance with appropriate divisions of the specifications cited, where and as necessary to furnish a complete, working security gate installation. 1. 03 30 00 Cast In Place Concrete 2. 26 10 00 Basic Materials and Methods 3. 32 31 00 Security Fencing and Gates 1.3 QUALITY ASSURANCE A. The following publications or editions of the documents current at the time a project is on-going shall apply: 1. CEC California Electric Code with latest California Amendments. City of Cupertino Service Center Security Gate Project 26 01 00 General Electrical Requirements 2023-103 Page 104 2. CBC California Building Code with latest California Amendments. 3. California Administrative Code Title 24 4. G.O. 128 rules for underground construction, State of California. 5. California Fire Code 6. National Electrical Code. 7. PG&E Greenbook. A. Equipment and materials specified under this division shall conform to the following standards where applicable. 1. UL - Underwriters' Laboratories. 2. ASTM - American Society for Testing Materials. 3. ANSI - American National Standard Institute. 1.4 DRAWINGS A. Layout: General layout shown on the drawings shall be followed except where other work may conflict with the drawings. B. Accuracy: 1. Drawings for the work under this section are diagrammatic. 2. Contractor shall verify lines, levels and dimensions shown on the drawings and shall be responsible for the accuracy of the setting out of work and for its strict conformance with existing conditions at the site. 1.5 SUBMITTALS A. Format: Furnish submittal data neatly bound in an 8-1/2" x 11" folder or binder with a table of contents listing in order of specification section and paragraph number. B. Submittals shall consist of detailed shop drawings, specifications, catalog "cuts" and data sheets containing physical and dimensioned information, performance data, electrical characteristics, materials used in fabrication, material finish and those optional accessories which are included and those which are excluded. In addition, include seismic data regarding installation and seismic withstand certification if applicable. C. Each submittal shall be thoroughly reviewed by Contractor. The cover letter accompanying submittal letter shall list in full the items and data submitted and shall contain a statement acknowledging that the Contractor has performed a detailed review of the submittal documents prior to submission. Failure to City of Cupertino Service Center Security Gate Project 26 01 00 General Electrical Requirements 2023-103 Page 105 comply with this requirement shall constitute grounds for return of data for resubmission without review. D. Contractor agrees that Shop Drawings processed by the Engineer are not change-orders. The purpose of Shop Drawings is to demonstrate that the Contractor understands the design concept, and that he demonstrates his understanding of such by indicating which equipment and materials he intends to furnish and install, and by detailing the fabrication and installation methods he intends to use. 1.6 PRODUCT DELIVERY, STORAGE AND HANDLING A. Equipment and materials shall be properly stored and adequately protected and carefully handled to prevent damage before and during installation. Equipment and materials shall be handled, stored, and protected in accordance with the manufacturer's recommendations and as approved by the Owner. Electrical conduit shall be stored to provide protection from the weather and accidental damage. Plastic conduit shall be stored on even supports and in locations not subject to direct sunrays or excessive heat. Cables shall be sealed, stored and handled carefully to avoid damage to the outer covering or insulation and damage from moisture and weather. Damaged or defective items, in the opinion of the City, shall be replaced with new items at no cost, to the Owner. 1.7 PERMITS AND FEES A. To be paid for by Contractor as stipulated in the General Conditions. PART 2 – PRODUCTS (Not applicable) PART 3 - EXECUTION 3.1 TESTS A. Tests shall be conducted during the construction period and at completion to determine conformity with applicable codes and with these specifications. Tests shall be performed in the presence of the City and shall include, but are not limited to, the following: 1. Insulation Resistance: Perform 500-volt D.C. tests for one minute on all feeder conductors, including the neutral, and make a typed record of all readings to be City of Cupertino Service Center Security Gate Project 26 01 00 General Electrical Requirements 2023-103 Page 106 included in the maintenance instructions. Repair or replace circuits showing less than 4 megohms resistance to ground. Make tests using Biddle Insulation Resistance Megger, or equal. 2. Circuits Continuity: Test all feeder and branch for continuity. Test all neutrals for improper grounds and correct improper grounds if discovered. 3. Test Equipment Circuits: Test equipment circuits for correct operation through their control devices, including electric heaters and thermostats. 4. Lighting Control Circuits: Perform operation tests for all lighting circuits through their control devices. 5. Circuit Numbering Verification: All circuits shall be verified. During acceptance testing, select on a random basis, various circuit breakers in the panelboards and loadcenters, cycle them on and off to verify compliance of the typed panel directories with actual field wiring. 6. Outlet Device Covers: All device covers shall be provided with identification tag showing Panel and circuit number. 7. Product Failure: Any products which fail during the tests or are ruled unsatisfactory by the City shall be replaced, repaired, or corrected as prescribed by the City at the expense of the contractor. Tests shall be performed after repairs, replacements or corrections until satisfactory performance is demonstrated. 3.2 INSTRUCTIONS AND MANUALS A. Refer to Section 01 73 00, Shop Drawings, Product Data, and Samples. B. At the time of completion, a minimum of four hours or as agreed upon with the owner shall be allotted by the contractor for instruction of building operating and maintenance personnel in the use of all systems. All personnel shall be instructed at one time, the contractor making all necessary arrangements with manufacturer's representatives. The equipment manufacturer shall provide product literature and application guides for the users' reference. C. Costs for the above-mentioned services shall be paid for by the Contractor. 3.3 PROJECT RECORD DOCUMENTS (AS-BUILTS) A. Provide project record drawings and specifications as required by other sections of these specifications and as required herein. Such drawings shall fully represent installed conditions including actual location of outlets, true panel board connections following phase balancing routines, correct conduit and wire sizing as well as routing, revised fixture scheduling listing the manufacturer and products installed and revised panel schedules. The project record drawings shall be done in AutoCAD format and final plotted. The computer files for the original base drawings will be provided by the Engineer for contractor to develop City of Cupertino Service Center Security Gate Project 26 01 00 General Electrical Requirements 2023-103 Page 107 their as-built documents. B. All changes to drawings shall be made by qualified draftspersons to match existing work and lettering as closely as possible in AutoCAD. 3.4 WORKMANSHIP A. Preparation, handling and installation shall be in accordance with manufacturer's written instructions and technical data particular to the product specified and/or approved except as otherwise specified. Coordinate work and cooperate with others in furnishing and placing this work. Work to approved shop drawings for work by others and to field measurements as necessary to properly fit the work. B. Conform to the National Electrical Contractor's Association - Standard of Installation for General Installation Practice. 3.5 SCHEDULE OF WORK A. Arrange work to conform to the schedule that has been established for the progress of the work. Advise regarding shipping schedule of major equipment. 3.6 SUPERVISION A. Contractor shall personally or through an authorized and competent representative constantly supervise the work from beginning to completion and, within reason, keep the same workmen and foreman on the project throughout the project duration. Contractor shall be responsible for all co-ordination with other crafts. B. Contractor shall accept responsibility for coordination with all crafts. 3.7 PROTECTION A. Keep conduits, junction boxes, outlet boxes, and other openings closed to prevent entry of foreign matter. Cover fixtures, equipment and apparatus and protect against contamination by dirt, paint, water, or chemicals, and from mechanical damage, before and during construction period. Restore to original condition any fixture, apparatus, or equipment damaged prior to final acceptance, including restoration of damaged shop coats of paints, before final acceptance. Protect bright finished surfaces and similar items until in service. No rust or damage will be permitted. City of Cupertino Service Center Security Gate Project 26 01 00 General Electrical Requirements 2023-103 Page 108 3.8 SPECIAL TOOLS A. All special tools for proper operation and maintenance of the equipment provided under this section shall be delivered to the Architect. 3.9 SEISMIC BRACING A. All electrical components shall be braced and supported to conform to California Administrative Code, Title 24, and to the California Building Code. 3.10 CUTTING AND PATCHING A. Install all required sleeves, forms and insets before walls or partitions are built. Cutting and patching of walls, partitions, ceilings and floor necessary for reception of work, cause by failure to provide or properly located sleeves, forms and inserts, incorrect location of work or failure to cooperate with other trades, shall be done at expense of trade responsible. All penetrations through fire rated walls/floors shall be sealed with approved material to maintain the fire- rating of the wall/floor. B. No cutting of finished or structural work may be done without acceptance. When necessary to have finished material or structural work cut, finish necessary drawings to trade whose materials are out to be cut. END OF SECTION 26 01 00 City of Cupertino Service Center Security Gate Project 26 10 00 Basic Materials and Methods 2023-103 Page 109 SECTION 26 10 00 Basic Materials and Methods PART 1 - GENERAL 1.1 Section Includes: A. Products, assemblies and basic installation methods required as specified under this Division shall include, but is not limited to: 1. Conduit, raceways, and fittings. 2. Wire and cables. 3. Wire connections and devices. 4. Pull and junction boxes. 5. Terminal boards, punch down blocks. B. Related Sections: 1. Section 26 01 00 - General Electrical Requirements. 1.02 SUBMITTALS A. Conductors and cables. B. Raceways. C. Cable fittings, jacks, punch down blocks, and devices. D. Pull and junction boxes. PART 2 - PRODUCTS 2.01 CONDUITS AND FITTINGS A. Rigid Steel Conduit 1. Conduit, rigid steel: full weight, threaded, hot-dip galvanized, inside enameled, conforming to ANSI C80.1 2. Three-piece couplings: electroplated, cast malleable iron: Efcor 165 series or O.Z./Gedney 4-50 series. 3. Threadless couplings: electroplated, cast malleable iron, with integral conduit stop: Efcor 1760. 4. Threadless connectors: electroplated, cast malleable iron, on threaded male hub plastic insulated throat rated 90 degrees C minimum: Efcor 1750B series, or O.Z. /Gedney 31-0501T series. 5. Insulated bushings: threaded polypropylene or thermosetting phenolic rated 150 degrees C minimum. 6. Insulated grounding bushings: threaded cast malleable iron body with City of Cupertino Service Center Security Gate Project 26 10 00 Basic Materials and Methods 2023-103 Page 110 insulated throat and steel, "lay-in" ground lug with compression screw: O.Z./Gedney BLG series, or Thomas & Betts 3870 series. 7. Insulated metallic bushings: threaded cast malleable iron body with plastic insulated throat rated 105 degrees C.: O.Z./Gedney Type B, or Thomas & Betts 1222 series. B. Electrical Metallic Tubing (EMT) 1. Conduit: Shall be formed of cold rolled strip steel, electrical resistance welded continuously along the longitudinal seam and hot-dip galvanized after fabrication. Conduit shall conform to ANSI C80.3 specifications and shall meet U.L. requirements. 2. Couplings: Electroplated, cast malleable iron, gland compression type, U.L. listed rain and concrete tight through 1-1/4inch trade size: O.Z./Gedney 6050W series: Efcor 760 series, or equal. Set-screw type couplings may be used in dry locations: O.Z./Gedney 5050 series. 3. Zinc die-cast fittings shall not be used. 4. Connectors: Gland compression type with cast malleable iron body with male hub and insulated plastic throat 150 degrees C temperature rated: O.Z./Gedney 4050 series. C. Flexible Metallic Conduit 1. Conduit: Shall be fabricated in continuous lengths from galvanized steel strip, spirally wound and formed to provide an interlocking design. 2. Fittings: Connectors shall be made of the screw clamp with cast malleable iron bodies and threaded male hubs with insulated throats. D. Liquid Tight Flexible Metallic Conduit 1. Conduit: Anaconda Type U.A., or Coleman Type Uxt1. 2. Fittings: Connector body and gland nut shall be of cadmium plated cast malleable iron, with insulated throat: T & B 5331 series, O.Z./Gedney 4Q-38-1T series. E. Rigid Non-Metallic Conduit 1. Conduit: Schedule 40 and 80, HDPE or PVC. 2. All fittings solvent welded. 3. As manufactured by Carlon, PW Pipe or equal. F. Flexible Non-Metallic Conduit 1. Conduit: Carlon "Flex-plus" ENT, use limited per NEC 331. 2. All fittings UL listed. G. Minimum acceptable conduit size: 1. As shown on plans City of Cupertino Service Center Security Gate Project 26 10 00 Basic Materials and Methods 2023-103 Page 111 H. Surface Raceway 1. Surface raceways shall be one-piece metal raceway, used for branch circuit wiring, video or voice wiring, as manufactured by The Wiremold Company or equal. 2. Surface wiring system shall consist of with all raceways appropriate angle fittings, outlets boxes, couplings, and connectors for a complete installation. Installation and use shall be as covered in NEC Article 386. Raceway system shall be UL listed under Files No.’s E4376 Guide RJBT and E41751 Guide RJPR. 3. Minimum size raceway shall be Wiremold V500 (0.75” x 0.53” deep. Finish shall be ivory Scuff Coat and shall be suitable for field repainting to match surroundings. 2.02 WIRE AND CABLE A. General 1. Acceptable manufacturers: General Electric Co., Rome Cable, Southwire, Stabiloy, Triangle, PWC Inc. 2. Conductor material: a. Branch Circuits: shall be copper for all wire sizes #14 AWG through 750 kcmil; for wire sizes #4 through 750 kcmil. 3. Insulation: Insulation shall be THWN-THHN for wire sizes through size 1/0 AWG. For larger wire sizes, insulation shall be THWN, XHHW and THW or as required to suit application. 4. Fixture wire: Type AF. 5. Non-metallic Sheathed Cable, Type NM, 75degree C, 3 or 4 conductors with ground; use allowed for interior wiring per NEC Articles 334 and 338. 6. Non-metallic Sheathed Cable, type SE-R, 75 degrees C, 3 or 4 conductors with ground; use allowed for interior wiring per NEC Articles 334 and 338 – Building 2 only. 7. Metallic Sheathed Cable: Aluminum or steel armor, 75degree C, 3 or 4 conductors with ground; as manufactured by AFC, Stabiloy, or equal. 8. Minimum conductor size: Building power and house lighting branch circuits: #12AWG Signal and control circuits under 100 volts: #14AWG Low voltage lighting controls: #18AWG 9. Television Cable: Coaxial double shielded, low loss, cables, by West Penn, or Belden, listed as being resistant to the spread of fire in accordance per NEC Art. 820-50 & 51: City of Cupertino Service Center Security Gate Project 26 10 00 Basic Materials and Methods 2023-103 Page 112 a. Up to 150 feet – RG6 b. Greater than 150 feet – RG11 10. Data Cable: IEEE Level 6A Cable 4-pair unshielded twisted solid 24 AWG copper: Belden, AMP, ICC, or equal. 2.03 OUTLET BOXES AND COVERS A. Standard Outlet Boxes: 1. Galvanized, one-piece, drawn steel, knock-out type of size and configuration best suited to the application indicated on the plans. Minimum box size: 4- inch square by 1-1/2 -inch deep, by RACO, Bowers, Appleton, or equal. B. Switch Boxes: 2 - inch by 3-inch long, galvanized steel switch boxes shall be used only for the installation of single switches surface mounted. Use standard 4" SQ, and 4 11/16" SQ boxes for all recessed switch boxes locations. Install multiple switches in standard gang boxes with raised device covers suitable for the application indicated. C. Floor Boxes: Cast watertight style with adjustable top, brass cover and lid, for ground floor where in contact with earth, and sheet metal style where in dry locations, as manufactured by Steel City, or Walker 800 series. Floor boxes shall be suitable for receptacles and/or telephone/data jacks, as indicated on Drawings, with twin-flap lid, or equivalent. Outlet boxes for modular furniture shall be provided with means for connection of flexible conduit whips, to be coordinated with furniture manufacturer. D. Special Boxes: Custom boxes installed flush in dais desktop to house microphone jack, data jack and receptacle outlets, with slide cover, finish of cover as selected by City. One box to be provided at each chair position. E. Video Boxes: Flush mounted wall boxes to be provided for large format video displays for HDMI cables and power receptacle. 2.04 SWITCHES AND RECEPTACLES Not in scope of work. 2.05 DEVICE PLATES Not in scope of work. City of Cupertino Service Center Security Gate Project 26 10 00 Basic Materials and Methods 2023-103 Page 113 2.06 ELECTRICAL SUPPORTING DEVICES A. Concrete Fasteners: Powder-driven concrete pin fasteners, low velocity type: Remington, or Ramset. B. Conduit Straps: Hot-dip galvanized, cast malleable iron, one-hole type strap with cast clamp-backs and spacers as required: O.Z./Gedney #14-50G straps and #141G spacers; Efcor #231 straps and #131 spacers. C. Construction Channel: 1-1/2 inch by 1-1/2inch 12-gauge galvanized steel channel with 17/32 inch diameter bolt holes, 1-1/2 inches on center, in the base of the channel: Kindorf 905 series, Unistrut P-1000-HS, or equal. D. Fasteners (General): Use wood screws for fastening to wood; machine screws for fastening to steel; toggle bolts for fastening to hollow concrete block, gypsum board or plaster walls. Expansion anchors for attachments to pre-poured concrete. 2.07 PLYWOOD BACKBOARDS Not in scope of work. 2.08 IDENTIFYING DEVICES A. Panelboard Directories: Shall be typewritten, arranged in numerical order and shall show the number of the circuit is located. The room numbers used shall be verified with the Owner and shall not necessarily be those used in the drawings. Mount directories in a 6" x 8" metal frame under plexiglass inside each panelboard. B. Wire & Terminal Markers: Self-adhering, pre-printed vinyl with self-laminating wrap around strip: Brady B191 series; or Thomas & Betts #WSl series. C. Cover Plate Circuit Numbering: All device cover plates shall be marked with Panel designation and circuit number, using adhesive backed printed labels. 2.09 GROUNDING A. Enclosures of equipment, raceways, and fixtures shall be permanently and effectively grounded. Provide code-sized, (unless otherwise indicated) copper, insulated green equipment ground with all non-metallic rigid, and flexible metallic and non-metallic, conduit runs. Equipment ground shall originate at City of Cupertino Service Center Security Gate Project 26 10 00 Basic Materials and Methods 2023-103 Page 114 panelboard ground bus and shall be bonded to all receptacle boxes and electrical equipment enclosures. B. Building services shall be grounded using concrete encased grounding electrodes, installed in per NEC Article 250, with connection to main cold-water pipe, main valve jumper, and bonding to gas piping. 2.10 PULL BOXES A. Site boxes for use as pull boxes shall be reinforced concrete, or composite material, with reinforced concrete lids with hold-down penta-head bolts. Boxes shall be complete with base section, riser, and lids. As manufactured by Christy, Carson, Brooks, or approved equal B. Boxes located in flush in pavement and in landscaped areas shall be set flush with final grade. C. Boxes located in driveways or pedestrian walkways subject to vehicular traffic shall be full traffic rated, with steel lids with hold down bolts. D. Set boxes on 6” base of crushed drain rock, and as indicated on Drawings. Covers shall be marked indicating type of service, i.e. telephone, path lighting, etc. E. Provide driven ground rods in pull boxes as indicated on Drawings. 2.11 GROUND RODS A. Copper clad steel ground rods, minimum size 3/4inch diameter by 10 feet long, with approved ground rod clamp, as manufactured by Eritech, Chance, Blackburn, or equal. 2.16 TERMINAL CABINETS A. Provide surface or recess mounted where indicated constructed of code-gauge sheet steel with minimum 12-gauge hinged lockable doors and trim. 1. Lock shall be common keyed with panelboards. 2. Equip full area of each cabinet with ½" thick plywood backboard, painted as previously specified for plywood backboards. 3. On the inside of cabinet doors, provide index cardholders for each section. 4. On the outside of cabinet doors, provide a nameplate giving the cabinet designation. 5. As manufactured by Hoffman, Peninsula Controls, or equal. City of Cupertino Service Center Security Gate Project 26 10 00 Basic Materials and Methods 2023-103 Page 115 2.17 FIRE STOPPING Not in scope of work. PART 3 - EXECUTION 3.01 CONDUIT AND RACEWAY APPLICATIONS A. Rigid Steel Conduit: For all conduits exposed to mechanical damage, installed in concrete walls and floor slabs. B. Electrical Metallic Tubing (EMT): Interior power and lighting branch circuits where run concealed above suspended ceiling, in stud walls, furred spaces, CMU walls, and where not exposed to mechanical damage, or above 6' from floor. May be used exposed and for penetrations of concrete floor slab. C. Flexible Metallic Conduit: In dry locations for connection from adjacent outlet boxes to transformers, vibrating equipment, and to lighting fixtures installed in suspended ceilings. FMC shall not be used exposed outside of electrical rooms. D. Liquid-Tight Flexible Metallic Conduit: In damp and wet locations for connection to all pump motors, solenoid valves, HVAC equipment and similar devices shall be made using liquid tight flexible metallic conduit. Provide separate ground wire independent of conduit, run inside conduit and bonded at both ends to enclosures. E. Rigid PVC Conduits: Schedule 40 PVC or HDPE may be used underground only with 3" sand under and 6" sand over when serving lighting circuits and power secondary circuits. PVC conduit shall not be used for exposed work, and not for conduit stub-ups from concrete floors. F. Surface Raceway: Use Wiremold single-piece raceway system, or size to suit wiring. Installation shall comply with manufacturer’s instruction sheets, which accompany system components as well as complete system instruction sheets – whichever is applicable. All raceway systems shall be mechanically continuou8s and connected to all electrical outlets, boxes and cabinets, in accordance with manufacturer’s installation sheets. All metal raceway shall be electrically continuous and bonded in accordance with NEC or proper grounding. Raceway and outlets shall be securely mounted to walls using suitable screws and anchors. All systems shall be installed complete, including insulating bushings and inserts where required by manufacturer’s installation sheets. All unused raceway openings shall be closed. City of Cupertino Service Center Security Gate Project 26 10 00 Basic Materials and Methods 2023-103 Page 116 G. Electrical Non-metallic Tubing: Uses permitted in accordance with NEC Article 362, for within walls, floors, and ceilings, exposed in electrical rooms and/or electrical closets. 3.02 CONDUIT INSTALLATION A. General 1. Conduit system shall be concealed unless exposed work is clearly called for on the drawings. 2. Conduits shall be tightly covered and well protected during construction using metallic bushings and bushing "pennies" to seal open ends. 3. In all empty conduits or ducts, install a 200-pound tensile strength polyethylene pulling rope. 4. Conduit systems shall be electrically continuous throughout. Install code size, insulated, copper, green grounding conductor in all conduit runs indicated, or required by code, or as indicated on drawings. B. Layout 1. Locations of conduit runs shall be planned of the installation and coordinated with the ductwork, plumbing, ceilings, and wall construction in the same areas and shall not unnecessarily cross other conduits or pipe, nor prevent removal of ceiling or tiles or panels, nor block access to mechanical or electrical equipment. 2. Where practical, install conduits in parallel groups, vertical or horizontal runs and at elevations that avoid unnecessary offsets. 3. Exposed conduit shall be run parallel or at right angles to the centerlines of columns and beams. 4. Conduits shall not be placed closer than 12 inches from a parallel hot water, or 3 inches from such lines crossing perpendicular to the runs. C. Supports 1. All raceway systems shall be secured to the building structures using specified fasteners, clamps and hangers spaced according to code requirements. 2. Support single runs of conduit using one-hole pipe straps. Where run horizontally on walls in damp or wet location, install "clamp backs" to space conduit off the surface. 3. Multiple conduit runs shall be supported using "trapeze" hangers fabricated from specified construction channel, mounted to 3/8inch diameter threaded steel rods secured to building structures. Fasten conduit to construction channel with standard one-hole pipe clamps or the equivalent. City of Cupertino Service Center Security Gate Project 26 10 00 Basic Materials and Methods 2023-103 Page 117 D. Termination and Joints 1. Raceways shall be joined using specified coupling or transition couplings where dissimilar raceway systems are joined. 2. Conduits shall be securely fastened to cabinets, boxes and gutters using two locknuts and an insulating bushing or specified insulated connectors. Install grounding bushings or bonding jumpers on all conduits terminating at concentric knockouts. 3. Conduit terminations exposed at weatherproof enclosures and cast outlet boxes shall be made watertight using specified connectors and hubs. 4. Install expansion couplings where any conduit within the building crosses a building seismic separation or expansion joint. E. Penetrations 1. For roof penetrations flash and counter flash in accordance with other Divisions of these Specifications. Pitch pockets shall not be used. 2. All wall and floor penetrations shall be sealed water-tight. Maintain fire rating as required using UL approved fire stop assemblies. 3. All penetrations for metallic conduit and MC cables through concrete floor slab over parking garage in Building 1 must be rate F – 3 hour using 3M, Hilti, Nelson or STI listed fire-stop sealants and assemblies. 3.03 CABLE AND WIRE INSTALLATION A. General 1. Conductors shall not be installed in conduit until all work of any nature that may cause its injury is completed. Care shall be taken in pulling conductors that insulation is not damaged. UL approved non-petroleum base and insulating type pulling compound shall be used as needed. 2. All cables shall be installed and tested in accordance with manufacturer's requirements and warranty. B. Splicing and Terminating 1. All aspects of splicing and terminating shall be in accordance with cable manufacturer's published procedures. 2. Make up all splices in outlet boxes with connectors as specified herein with separate tails of correct color to be made up to splice. Provide at least six (6) inches of tails packed in box after splice is made up. 3. All wire and cable in panels, terminal cabinets and equipment enclosures shall be bundled and clamped. 4. All aluminum bus bar bolts shall be tightened with a torque wrench in accordance with NEMA published values. City of Cupertino Service Center Security Gate Project 26 10 00 Basic Materials and Methods 2023-103 Page 118 C. Penetrations 1. All wall and floor penetrations shall be sealed air and/or water-tight. Maintain fire ratings as required by Architect’s plans. 3.04 INSTALLATION OF BOXES AND WIRING SERVICES Contractor to coordinate with the City and the A&D Gates for complete in place, and operating gate. 3.05 COMMUNICATIONS SYSTEM (Data & Voice) Contractor to coordinate with the City and the A&D Gates for complete in place, and operating gate. 3.06 DATA/TELEPHONE OUTLETS BOXES IN OFFICE AREAS Contractor to coordinate with the City and the A&D Gates for complete in place, and operating gate. END OF SECTION 26 10 00 City of Cupertino Service Center Security Gate Project 31 23 33 Trenching and Backfilling 2023-103 Page 119 31 23 33 Trenching and Backfilling PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Trenching or excavation and backfilling for utility systems, and related appurtenances. B. Related Documents: 1. The Contract Documents, as defined in the General Conditions, apply to the Work of this Section. Additional requirements and information necessary to complete the Work of this Section may be found in other documents. C. Related Sections: 1. Section 03 30 00 - Cast in Place Concrete 2. Section 26 01 00 – General Electrical Requirements 3. Section 26 10 00 – Basic Materials and Methods 1.2 SUBMITTALS A. Test Reports: 1. Field density (compaction) test reports of each test made. 2. Optimum moisture-maximum density curves for each type of soil encountered. B. Fill Samples and Tests: 1. Provide for each type soil material to be used on project, with testing results indicating compliance with requirements specified, for approval prior to start of work. C. Potholing: 1. Contractor shall perform potholing to their satisfaction, as needed to install new conduit and gate. City of Cupertino Service Center Security Gate Project 31 23 33 Trenching and Backfilling 2023-103 Page 120 1.3 QUALITY ASSURANCE A. Regulatory Requirements: Comply with applicable requirements of federal, state and local laws, regulations and codes having jurisdiction at project site. B. Reference Standards: Applicable requirements of standards and specifications referenced herein apply to the work of this Section. C. Field Quality Control: Testing and Inspection: Owner will obtain and pay for services of an independent commercial testing laboratory for performing field quality control testing of soils during construction; costs of retesting because of noncompliance with requirements specified, including recompaction of deficient areas, are at Contractor's expense. 1.4 PROJECT CONDITIONS A. Coordination: Coordinate this work with the work of other Sections to avoid any delay or interference with other work. B. Cooperation: Coordinate this work with the work of other Sections to avoid any delay in progress of building or any interference with progress of other work. Where required for proper construction operations, perform portions of work included in this Section separate from general building excavation as directed. C. NOT USED D. Existing utilities: 1. Locations indicated are approximate. 2. Contact local "Underground Service Alert - USA" at (800) 642-2444 prior to excavation and verify exact locations of all existing utilities. 3. Perform necessary exploratory tests for verification if necessary. The City and the Engineer will assume no responsibility for hazardous conditions, losses and accidents arising out of failure to perform by the Contractor or other Parties or both. 4. Should incorrectly charted or uncharted piping or other utilities be encountered during excavation, consult utility owner immediately for directions. Cooperate with Owner and utility services in keeping respective services and facilities in operation. Repair damaged utilities to the satisfaction of utility owner. City of Cupertino Service Center Security Gate Project 31 23 33 Trenching and Backfilling 2023-103 Page 121 E. Disposition of utilities: 1. Observe rules and regulations governing respective utilities during execution of work of this Section. 2. Adequately protect all active utilities from damage: 3. Remove or relocate active utilities only as shown or as specified. 4. Remove, plug or cap inactive and abandoned utilities encountered in excavating and grading operations. In absence of specific requirements, remove, plug or cap such utility lines within the trench limits. F. Benchmarks, Monuments and Other Reference Points: Protect from damage and displacement; if disturbed or destroyed, replace at Contractor's expense. G. Keep dirt, dust, noise and other objectionable nuisances to a minimum. H. Protection: 1. Barricades: a. Furnish and maintain barricades, signs and markings for excavated areas in accordance with requirements of all local codes and as herein specified. b. Paint and maintain barricades in good condition. Mount flashing yellow lights and maintain same. 2. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. PART 2 - PRODUCTS 2.1 MATERIALS – GENERAL A. Pipeline Backfill Backfill shall be placed per Trench Details on drawings. Backfill over pipe bedding shall be native material. PART 3 - EXECUTION City of Cupertino Service Center Security Gate Project 31 23 33 Trenching and Backfilling 2023-103 Page 122 3.1 EXAMINATION A. Examine areas in which work is to be performed. Report in writing to Owner of all prevailing conditions that will adversely affect satisfactory execution of work. Do not proceed with work until unsatisfactory conditions have been corrected. B. Starting work constitutes acceptance of the existing conditions and the Contractor shall then, at his expense, be responsible for correcting all unsatisfactory and defective work encountered. 3.2 PREPARATION A. Pursuant to State law, all open excavations greater than five feet in depth shall be constructed with bracing, sheeting, shoring or other equivalent method designed for the protection of life and limb. The Contractor must at all times comply with the requirements of the construction safety orders of the Division of Industrial Safety. The above-stipulated requirements shall be considered the minimum to be provided. It shall be the Contractor's responsibility to provide the additional strength required to support the sides of the excavation against loads that may exceed those employed to derive the criteria set forth in the Industrial Safety orders. The Contractor shall be solely responsible for any and all liabilities which may arise from his failure to provide adequate shoring, bracing or sheeting as necessary to support the excavation under any and all of the conditions of loading which may exist or which may arise during construction of the project. The contract price shown in the Proposal shall include all costs relating to trench safety and shoring of excavations. Changes in the support systems directed by the City to insure compliance with the Safety Orders, or changes required to accommodate conditions encountered in the field, will not be considered extra work and no extra payment will be forthcoming as a result of the changes required. All costs associated with hand excavation shall be included into the cost of the item installed. Contractor shall be aware of the existing field conditions prior to the commencement of work. The Contractor shall appoint a project safety supervisor who shall, by training and experience, be fully qualified to supervise the installation, maintenance and removal of sheeting, shoring and bracing. The project safety supervisor shall have full authority over the work in all job safety matters and shall be present at all times when work is in progress in excavations and trenches greater than five feet in depth. B. The Contractor shall perform his work in such a manner as not to harm the undisturbed condition of the underlying or adjacent soils or damage or prevent the proper City of Cupertino Service Center Security Gate Project 31 23 33 Trenching and Backfilling 2023-103 Page 123 placement of fill. When in the opinion of the City, natural soils or fill are damaged or disturbed by the operations of the Contractor, thereby precluding the utilization of the site as planned, the Contractor shall correct such damage or disturbance. Corrections shall be as directed by the City and may include, but not be limited to, the removing of natural and fill foundation soils both laterally and vertically and replacing with compacted fill to the required grades or the construction of alternative methods of support. The cost of any such repair, rehabilitation or modification shall be borne by the Contractor. C. Dewatering: 1. Prevent ground and subsurface water from flowing into excavations, from flooding project site and surrounding properties, and from collecting and ponding; provide and maintain all temporary drainage and dewatering systems required. 2. Install pumps, sumps and suction and discharge lines, as required. 3. Install temporary deviations from grades indicated to channel water away from excavations. 5. If water is encountered during excavation, install pumps of capacity to remove water while excavations are being made. D. Shoring and Bracing: Where sheet piling, shoring, sheeting, bracing or other supports are necessary, they shall be furnished, placed, maintained and, except as shown or specified otherwise, removed by the Contractor. The design, planning, installation and removal, if required, of all sheeting, shoring, sheet piling, lagging and bracing shall be accomplished in such a manner as to maintain the required excavation or trench section and to maintain the undisturbed state of the soils below and adjacent to the excavation. The use of horizontal strutting below a pipe barrel or the use of the pipe as support for trench bracing will not be permitted. The use of the soldier pile and horizontal lagging method of support or the use of a traveling shield for storm construction shall require the prior written acceptance of the City. Sheet piling and timbers in trench excavations shall be withdrawn in a manner so as to prevent subsequent settlement of a pipe or additional backfill loading which might overload the pipe. When the construction sequence of structures requires the transfer of bracing to the completed portions of any structure, the Contractor shall secure written acceptance of City of Cupertino Service Center Security Gate Project 31 23 33 Trenching and Backfilling 2023-103 Page 124 the City prior to the installation of such bracing. California Labor Code Section 6705, and all applicable Construction Safety Orders and shoring system standards with respect to excavation and construction shall be strictly observed at all times. 3.3 TRENCHING AND BACKFILLING FOR UTILITY SYSTEMS A. Trench Excavation: 1. Sawcut existing AC Pavement Section. Contractor shall be aware that City roads have concrete bases that will need to be sawcut as well. 2. Excavate to necessary width, depth and alignment for proper material installation. Cut trench banks as nearly vertical as practicable, but to safety standards of governing authorities. 3. Accurately grade trench bottoms to provide uniform bearing and support for each pipe section on undisturbed soil along full pipe length, except for areas where necessary to excavate for bell holes and for sealing pipe joints. Dig holes and depressions for joints after trench bottom has been graded, so pipe rests on prepared bottom for full length. Remove all stones to avoid point bearing. 4. Remove wet or otherwise unstable or unacceptable material encountered beyond depths indicated and replace with sand, gravel or concrete. B. Excavation for Appurtenances: Excavate for manholes and similar structures, to leave 12" minimum clearance between outer surfaces and embankment or timber used to hold and protect banks. Fill overexcavation with sand, gravel or concrete. C. Percent Compaction: Percent compaction is the in-place dry density of the fill expressed as a percentage of the maximum dry density of the fill material determined by the City in accordance with the Test Method of ASTM D1557. 3.4 FIELD QUALITY CONTROL A. Testing and Inspection Services: Owner may retain the services of a Geotechnical Engineer Service (GES) to perform observations, inspections and testing during execution of site work and any other tests deemed necessary to determine compliance with specifications. B. Contractor shall coordinate GES Inspectors and Technicians to facilitate the execution of their duties. City of Cupertino Service Center Security Gate Project 31 23 33 Trenching and Backfilling 2023-103 Page 125 C. Upon completion of excavation, GES shall inspect and test the work and determine the suitability of the soil and preparation of subsequent site work. D. GES shall without delay submit to the City reports of all observations, inspections and tests. 3.5 OVEREXCAVATION AND SUBGRADE STABILIZATION A. If the City determines that the subgrade encountered is wet or appears to be unstable, overexcavate to the horizontal limits directed by the City and to the depth of 6-inches and place 6-inches of Class I permeable material. END OF SECTION 31 23 33 City of Cupertino Service Center Security Gate Project 32 01 91 Tree Protection 2023-103 Page 126 SECTION 32 01 91 TREE PROTECTION PART 1 – GENERAL 1.1 SCOPE A. Perform all tree protection as shown on the plans and as specified herein including, but not necessarily limited to, the following: 1. Installation of tree protection fence 2. Hand trenching within tree protection zone 1.2 STANDARDS A. Perform all work in accordance with City of Cupertino Standards and ANSI-A300 best management practices for tree protection during construction. 1.3 REFERENCES 1. ANSI-A300, Part 5: Management of Trees and Shrubs during Site Planning, Site Development, and Construction. Current edition. 2. Glossary of Arboricultural Terms, International Society of Arboriculture, Atlanta, GA. 3. City of Cupertino Standard Details 6-2 through 6-4 1.4 DEFINITIONS A. The term “Tree Protection Zone” (TPZ) shall mean the area beneath a tree’s canopy, or all area within a distance from the trunk equal to six times the tree’s diameter at 4.5 feet above existing grade, whichever is greater. 1.5 ACCESS AND STORAGE A. Prior to commencement of work, the Contractor shall meet on site with the City’s Representative to review scope of work, work procedures, access routes, storage areas, and tree protection measures. B. No grading, demolition, trenching, parking, storage or dumping of any construction materials is allowed within the TPZ, unless specifically noted on the plans. Exceptions must be reviewed and approved by the City’s Representative as specified in paragraph 1.6.B of this Section. City of Cupertino Service Center Security Gate Project 32 01 91 Tree Protection 2023-103 Page 127 1.6 COORDINATION AND SCHEDULING OF WORK A. All work shall be scheduled and conducted in a cooperative manner in order to give the least possible interference with or annoyance to others. Contractors shall work out any cooperative schedules. Construction of utility, drainage and irrigation lines around existing trees shall receive priority in scheduling so trenching, irrigation installation and backfilling can be done in an expedient manner. B. Any work that must occur within the TPZ shall be reviewed and approved by the City’s Representative. The Contractor shall notify the City’s Representative a minimum of 48 hours in advance of any activity in the TPZ. PART 2 – PRODUCTS 2.1 FENCING A. All trees to be retained shall be temporarily fenced per plan, and in accordance with City standards for tree protection during construction. If plans and City standards conflict, the more stringent standard shall prevail. PART 3 – EXECUTION 3.1 PRESERVATION OF EXISTING TREES A. Protection: Shall be as shown on plans and in accordance with City Standard Details. 1. Fencing shall be erected before any demolition or construction activities take place on site and shall not be removed or modified before the end of the project without written authorization from the . 2. Fencing may be installed in a single run around multiple trees. B. Root Cutting: Prior to approved excavation within a TPZ, a trench shall be dug along the edge of the excavation closest to the tree trunk. This trench shall by dug by hand or with an air spade to a depth of 30 inches, and shall be of a sufficient width to manually sever any roots encountered greater than 2” diameter. Cuts shall be made perpendicular to the direction of the root’s growth, using a clean hand saw. After roots are cleanly severed, excavation equipment may be used as required on the side of the trench farthest from the tree. 1. Within one hour of cutting or exposure, roots shall be covered with moist soil or with burlap that is kept wet until the excavation can be back-filled and watered thoroughly. C. Debris Removal: All trimmings, stumps, roots, logs, sod, or any other form of debris resulting from this work shall be cleaned up and legally disposed of off-site at the Contractor’s expense. Stumps shall be ground to 12 inches below grade. City of Cupertino Service Center Security Gate Project 32 01 91 Tree Protection 2023-103 Page 128 D. Watering: Provide supplemental irrigation as necessary during construction to prevent drought stress. 1. If trees show stress it may become necessary for Contractor to perform deep root watering as required at no extra cost to the City. END OF SECTION 32 01 91 City of Cupertino Service Center Security Gate Project 32 12 16 Asphalt Paving 2023-103 Page 129 32 12 16 ASPHALT PAVING PART 1 - GENERAL 1.1 SECTION INCLUDES A. Specifications for providing asphaltic concrete paving as indicated. 1.2 REFERENCES A. State of California, Department of Transportation (Caltrans), Standard Specifications: 1. Section 39 – Asphalt Concrete 2. Section 92 – Asphalt Binders 3. Section 93- Liquid Asphalts 4. Section 94 – Asphaltic Emulsions B. State of California, Department of Transportation (Caltrans), Standard Test Methods: 1. Calif. Test 202 – Method of Test for Sieve Analysis of Fine and Course Aggregates 2. Calif. Test 304 – Method of Preparation of HMA for Test Specimens 3. Calif. Test 366 – Method of Test for Stabilometer Value 4. Calif. Test 375 – Determining the In-Place Density and Relative Compaction of Hot Mix Asphalt Pavement Using Nuclear Gages 1.3 PROTECTION A. Protect concrete pavements and walks, curbs and bases, and other improvements adjacent to the operations with suitable materials. The Contractor shall be responsible for any damage caused by the Contractor’s employees or equipment and shall make necessary repairs. Building and other surfaces shall be covered with paper or other protection, where required. All damage caused by the Contractor’s operations shall be prepared or replaced as required. 1.4 PERFORMANCE OF WORK A. The Contractor shall only pave on Thursdays and Fridays, the days with the least amount of truck traffic. PART 2 - PRODUCTS 2.1 BASE COURSE MATERIAL A. Class 2 aggregate base as specified in Section 32 11 16 – Aggregate Base City of Cupertino Service Center Security Gate Project 32 12 16 Asphalt Paving 2023-103 Page 130 2.2 ASPHALT PAVING MATERIALS A. Paving Asphalt shall be all purpose, aged residue, steam refined, PG-64-10 grade, in accordance with Section 92 of the Caltrans Standard Specifications. B. Aggregate shall be Type A, with the grading of the combined aggregate conforming to 1/2-inch maximum size, medium grading, as specified in Section 39 of the Caltrans Standard Specifications. C. Mixing Facilities: Asphalt concrete surfacing material shall be furnished from an approved commercial asphalt central mixing plant. 2.3 SOURCE QUALITY CONTROL A. Contractor shall submit Certificate of Compliance from manufacturer for approval prior to installation. PART 3 - EXECUTION 3.1 APPLICATION A. Asphalt concrete shall be placed in two lifts. B. Areas to be paved shall be covered with a layer of hot asphalt concrete surfacing not less than the thickness indicated after compaction. Where not indicated, compacted thickness shall be two inches for parking stalls and three inches for roads, driveways, and aisles of parking areas. C. Paving asphaltic concrete shall be delivered, laid, rolled, and finished in accordance with Section 39 of the Caltrans Standard Specifications. D. Before placing asphalt concrete, a tack coat (paint binder) shall be applied to all surfaces against which asphalt concrete surfacing will be placed. Tack coat (paint binder) shall be applied in accordance with Section 39 of the Caltrans Standard Specifications at the rate of from 0.02 to 0.10 gallons per square yard. E. Finish surface of the wearing course shall be thoroughly compacted, smooth, and free from ruts, humps, depressions, cold joints, or other irregularities. F. Finish paving shall conform to slopes, lines, and finish grades indicated, and shall drain properly. Where adjacent surfaces are intended to be flush (as at concrete gutters, walks, and paving) they shall conform smoothly at all joints. City of Cupertino Service Center Security Gate Project 32 12 16 Asphalt Paving 2023-103 Page 131 G. Ridges, indentations, and other objectionable marks left in the surface of the asphalt concrete by paving or rolling equipment shall be eliminated by rolling. The use of equipment that leaves ridges, indentations, or other objectionable marks in the asphalt concrete shall be discontinued, and other acceptable equipment shall be employed. H. Where cold joints are indicated or necessary, cut back the placed and compacted cold asphalt a minimum of three inches with a concrete or masonry power saw, so that a vertical face of compacted full thickness material is exposed. Treat this surface with a tack coat before proceeding with the placement of new asphaltic concrete surfacing. I. Finish paving shall conform to finish elevations within plus or minus 0.01 of a foot and shall be level to within plus or minus 1/4 inch in 10 feet when measured with a 10-foot straightedge in any direction. J. Contractor shall provide a tack coat between AC lifts if final lift is installed more than two weeks after initial lift. K. Contractor shall match existing striping. 3.2 FIELD QUALITY CONTROL A. The Contractor shall control the quality of the work and shall provide adequate testing to assure compliance with these Specifications. B. After completion of paving work, all paving shall be flooded with water, and any resulting “ponds” shall be ringed with chalk. Such hollows shall be corrected with addition of asphalt paving materials and rerolling until all paving is completely level and free from hollows and high spots. C. The contractor shall perform an in-place density and compaction tests of the completed pavement in accordance with California Test 375 to determine compliance with specified requirements. 3.3 MAINTENANCE OF PAVEMENT A. Upon completion of final rolling, traffic shall not be permitted on the finished pavement for at least six hours, and until the asphalt concrete has cooled sufficiently to withstand traffic without being deformed. B. Finished pavement shall be maintained in finished clean condition until the work is accepted by the City of Cupertino. 3.4 DIG OUT REPAIRS A. The City will direct the Contractor for Dig Out pavement repairs on the Service Center property. AC thickness shall be full depth to AC and soil removed. END OF SECTION 32 12 16 City of Cupertino Service Center Security Gate Project 32 31 00 Security Fencing and Gates 2023-103 Page 132 32 31 00 SECURITY FENCING AND GATES PART 1 – GENERAL Gate shall be provided by A&D Automatic Gate and Access, 810 Warrington Avenue, Redwood City, 94062, no approved equal. Phone: (650) 365-8828. Contractor shall furnish and install a fully functioning security gate with power to an existing panel on the City’s Service Building and with communication into communication room of the Service Building, as shown on the drawings. Contractor will coordinate their scope of work with A&D’s scope of work and product to deliver a fulling functioning, turnkey gate to the City. A&D and Contractor shall provide 2 hours of training to the City for operation of the gate. PART 2 - PRODUCTS 2.1 PRODUCTS Gate operator, long range reader/photo beam, fencing, call box, photo eye, and loops shall be recommended and supplied by A&D. Communication to call box shall be by internet cable back to the City’s communication room. Call box shall have light to illuminate the call box area. Anticipated equipment includes: a. Cell-gate W450 Watchman EVO with Live Streaming Video, plug and play internet option, with light. b. IRB-RED Universal UL325-2016 Retroreflective Photoeye. c. ME 120 and MT20 Sensing Edge d. Megatron 2200 PRO Motor e. M62 Seri Magnalock f. TagMaster XT-Series UHF reader vehicle access control. Foundation for gates shall be coordinated with A&D. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas and conditions, with A&D and City present, for compliance with requirements for site clearing, earthwork, pavement work, and other conditions affecting performance. 3.2 SITE COORDINATION AND INSTALLATION A. Coordinate fence post layout and depth of footing with A&D. Contractor shall work with A&D for installation of posts and footings. B. Coordinate conduit and pull box locations with A&D. Contractor shall place pull boxes to best City of Cupertino Service Center Security Gate Project 32 31 00 Security Fencing and Gates 2023-103 Page 133 serve the new gate and gate features. C. Contractor shall pull all wiring and coordinate with the City for connection points for power and communications in order to deliver a functioning security gate with communication to the service building. END OF SECTION 32 31 00 City of Cupertino Service Center Security Gate Project 33 05 23 Horizontal Directional Drilling 2023-103 Page 134 33 05 23 HORIZONTAL DIRECTIONAL DRILLING PART 1 - GENERAL The work consists of furnishing all labor, materials, equipment and supervision to perform all work necessary for the Horizontal Direction Drill installation of new electrical and communication conduit. PART 2 – PRODUCTS 2.1 DRILLING RIG PART 1 – Drilling Machine: The directional drilling machine shall consist of a hydraulically powered system to rotate and push hollow drilling pipe into the ground at a variable angle while delivering a pressurized fluid mixture to a guidable drill (bore) head. The machine shall be anchored to the ground to withstand the pulling, pushing and rotating pressure required to complete the installation. The hydraulic power system shall be self-contained with sufficient pressure and volume to power drilling operations. Hydraulic system shall be free of leaks. Rig shall have a system to monitor and record maximum pull-back pressure during pull-back operations. There shall be a system to detect electrical current from the drill string and an audible alarm, which automatically sounds when an electrical current is detected. City of Cupertino Service Center Security Gate Project 33 05 23 Horizontal Directional Drilling 2023-103 Page 135 C. Drill Head: The drill head shall be steerable by changing its rotation and shall provide necessary cutting surfaces and drilling fluid jets. D. Mud Motors (if required): Mud motors shall be of adequate power to turn the required drilling tools. E. Drill Pipe: Shall be constructed of high quality 4130 seamless tubing, grade D or better, with threaded box and pins. Tool joints should be hardened to 32-36 RC. F. Guidance System: An electronic walkover tracking system or a Magnetic Guidance System (MGS) probe or proven gyroscopic probe and interface shall be used when there is accessible access to provide a continuous and accurate determination of the location of the drill head during the drilling operation. The guidance shall be capable of tracking at all depths up to fifty feet and in any soil condition, including hard rock. It shall enable the driller to guide the drill head by providing immediate information on the tool face, azimuth (horizontal direction), and inclination (vertical direction). The guidance system shall be accurate and calibrated to manufacturer’s specifications of the vertical depth of the borehole at sensing position at depths up to fifty feet and accurate to 2-feet horizontally. The Contractor shall supply all components and materials to install, operate, and maintain the guidance system. The guidance system shall be of a proven type and shall be set up and operated by personnel trained and experienced with the system. The operator shall be aware of any geo-magnetic anomalies and shall consider such influences in the operation of the guidance system. G. Mixing System: A self-contained, closed, drilling fluid mixing system shall be of sufficient size to mix and deliver drilling fluid composed of bentonite clay, potable water, and appropriate additives. Mixing system shall be able to molecularly shear individual bentonite particles from the dry powder to avoid clumping and ensure thorough mixing. The drilling fluid reservoir tank shall be minimum of 1,000 gallons. Mixing system shall continually agitate the drilling fluid during drilling operations. H. Drilling Fluids: Drilling fluid shall be composed of clean water and bentonite clay. Water shall be from an authorized source with a pH of 8.5 – 10. Water of a lower pH or with excessive calcium shall be treated with the appropriate amount of sodium carbonate or equal. No additional material may be used in drilling fluid without prior approval from City. The bentonite mixture used shall have the minimum viscosities as measured by a Marsh funnel: Rocky Clay - 60 seconds Hard Clay - 40 seconds Soft Clay - 45 seconds Sandy Clay - 90 seconds Stable Sand - 80 seconds Loose Sand - 110 seconds City of Cupertino Service Center Security Gate Project 33 05 23 Horizontal Directional Drilling 2023-103 Page 136 Wet Sand - 110 seconds These viscosities may be varied to best fit the soil conditions encountered, or as determined by the operator. I. Delivery System: The mud pumping system shall have a minimum capacity of 35-500 GPM and the capability of delivering the drilling fluid at a constant minimum pressure of 1200 psi. The delivery system shall have filters in-line to prevent solids from being pumped into drill pipe. Used drilling fluid and drilling fluid spilled during operations shall be contained and conveyed to the drilling fluid recycling system or shall be removed by vacuum trucks or other methods acceptable to City. A berm, minimum of 12-inches high, shall be maintained around drill rigs drilling fluid mixing system, entry and exit pits and drilling fluid recycling system to prevent spills into the surrounding environment. Pumps and or vacuum truck(s) of sufficient size shall be in place to convey drilling fluid from containment areas to storage and recycling facilities for disposal. J. Restrictions: Other devices or utility placement systems for providing horizontal thrust other than those previously defined in the preceding sections shall not be used unless approved by the City prior to commencement of the work. Consideration for approval will be made on an individual basis for each specified location. The proposed device or system shall maintain line and grade within the tolerances prescribed by the particular conditions of the project. PART 3 - EXECUTION 3.1 EXAMINATION a. Examine areas and conditions, with City present, for compliance with requirements for site clearing, earthwork, pavement work, and other conditions affecting performance. 3.2 GENERAL A. The directional drilling equipment shall consist of a directional drilling rig of sufficient capacity to perform the bore and pull back the pipe, a drilling fluid mixing, delivery and recovery system of sufficient capacity to successfully complete the installation, a drilling fluid recycling system to remove solids from the drilling fluid so that the fluid can be reused (if required), a magnetic guidance system or walk-over system to accurately guide boring operations, a vacuum truck of sufficient capacity to handle the drilling fluid volume, and trained and competent personnel to operate the system. All equipment shall be in good, safe condition with sufficient supplies, materials and spare parts on hand to maintain the system in good working order for the duration of this project. B. INSTALLATION TOLERANCES City of Cupertino Service Center Security Gate Project 33 05 23 Horizontal Directional Drilling 2023-103 Page 137 i. Pilot Hole - the pilot hole shall follow the general path of the bore shown on the drawings. Horizontal deviations shall be less than six (6) inches from the design centerline. Vertical deviations shall be less than plus or minus two inches from the pipeline invert elevation required for proper clearance between all existing utilities. The Contractor shall continuously monitor horizontal and vertical position and record the position at least once per drill stem length, or at 10 foot or 30-minute intervals, whichever is most frequent. ii. Insertion Pits- Insertion pits shall have vertical walls. Trenching machines may be used except where their use may result in damage in existing facilities. Unless otherwise specified or indicated, the Contractor may use any method of excavation, which will not damage nearby utilities or endanger adjacent structures or property or disturb the natural or fill soils at, below and adjacent to the excavation.. Backfill and Restoration of insertion pit upon completion of pullback operation and pipe testing shall be done to match existing conditions. Trench shall be backfilled per Construction Drawings. C. DAILY LOGS AND RECORDS 1. Daily logs and records shall be maintained by the Contractor, documenting drilling lengths, location of drill head, drilling fluids pressures and flow rates, down-hole annular pressures, drilling fluid losses, inadvertent returns, drilling times required for each pipe joint, any instances of retraction and re-drilling of the pilot bore or segments thereof, and any other relevant observations. The drilling fluid pressures shall be measured at the entry point and at the injection nozzle. These records shall be maintained and updated daily throughout the course of the project, or more frequently as directed by the City The position of the drill head shall be continuously tracked. Daily logs shall be submitted complete and legible as directed by the City, within one (1) working day of the date to which the records correspond. D. EXECUTION 1. The Contractor shall provide at least 72 hours advance written notice to the City of the planned inception of drilling activities, including pilot hole launch, pre-reaming, reaming, and pipe pullback. The Contractor shall immediately notify the City, in writing, when any significant problems. All work by the Contractor shall be performed in the presence of the City, unless City grants prior written approval to perform such work in The City’s absence. 2. The Contractor shall provide all material, equipment, and facilities required for directional drilling. Proper alignment and elevation of the bore hole shall be consistently maintained throughout the directional drilling operation. 3. The entire drill path shall be accurately surveyed with entry and exit stakes placed in the City of Cupertino Service Center Security Gate Project 33 05 23 Horizontal Directional Drilling 2023-103 Page 138 appropriate locations within the areas indicated on drawings. If Contractor is using a Magnetic Guidance System (MGS), drill path will be surveyed for any surface geo- magnetic variations or anomalies. 4. Readings shall be recorded after advancement of each successive drill pipe (no more than 10’ ) and the readings plotted on a scaled drawing of 1” = 2’, both vertical and horizontal. Access to all recorded readings and plan and profile information shall be made available to the City, or his representative, at all times. At no time shall the deflection radius of the drill pipe exceed the deflection limits of the carrier pipe as specified herein. 5. A complete list of all drilling fluid additives and mixtures to be used in the directional operation will be submitted to the City, along with their respective Material Safety Data Sheets. All drilling fluids and lose cuttings shall be contained in pits or holding tanks for recycling or disposal, no fluids shall be allowed to enter any unapproved areas or natural waterways. Upon completion of the directional drill project, the drilling mud and cuttings, and all other fluids shall be disposed of by the Contractor at an approved dumpsite. All associated costs with disposing shall be included in the cost of pipe installation and shall not be considered additional cost to the City. 6. The pilot hole shall be drilled on bore path with no deviations greater than the acceptable tolerances. In the event of deviation exceeding the specified tolerance from the bore path, the contractor will notify the City immediately and the City may require the Contractor to pull-back and re-drill from the location along bore path before the deviation. In the event that a drilling fluid fracture, inadvertent returns or returns loss occurs during pilot hole drilling operations, Contractor shall cease drilling, and wait at least 30 minutes, inject a quantity of drilling fluid with a viscosity exceeding 120 seconds as measured by a March funnel and wait another 30 minutes. If mud fracture or returns loss continues, Contractor will discuss additional options with the City and work will then proceed accordingly. 7. Upon completion of the pilot hole phase of the operation, a complete set of “as-built” records shall be submitted in duplicate to the City. These records shall include copies of the plan and profile drawing, as well as directional survey reports as recorded during the drilling operation. 8. Upon approval of the pilot hole location, the hole opening or enlarging phase of the installation shall begin. The bore hole diameter shall be increased to accommodate the pullback operation of the required size to install the three pipes. The type of hole opener or back reamer to be utilized in this phase shall be determined by the types of subsurface soil conditions that have been encountered during the pilot hole drilling operation. The reamer type shall be at the Contractor’s discretion with the final hole opening being a maximum of 1.5 times larger than the outside diameter of the pipes combined. 9. The open bore hole may be stabilized by means of bentonite drilling slurry pumped through the inside diameter of the drill rod and through openings in the reamer. The drilling slurry must be in a homogenous / flowable state serving as an agent to carry the loose cuttings to the surface through the annulus of the borehole. The volume of City of Cupertino Service Center Security Gate Project 33 05 23 Horizontal Directional Drilling 2023-103 Page 139 bentonite mud required for each pullback shall be calculated based on soil conditions, largest diameter of the pipe couplings, capacity of the bentonite mud pump, and the speed of pullback as recommended by the bentonite drilling fluid manufacture. The bentonite slurry is to be contained at the exit or entry side of the directional bore in pits or holding tanks. The slurry may be recycled at this time for reuse in the hole opening operation or shall be hauled by the Contractor to an approved dumpsite for proper disposal. 10. The Contractor shall utilize a “weak link” or breakaway device at the leading end of the pipe to protect the pipe from excessive pulling loads. The weak link device shall be installed between the drilling head and the regular pipe. Connection details and calculations used to determine the weak link material and size shall be subject to the approval of the City. E. CLEANING 1. All conduits shall be cleaned using a high-pressure hydroflusher. END OF SECTION 33 05 23 Service Center Security Gate Project Project #2023-103 Page 1 Sent via email May 3, 2023 VNH Builders Attn: Bruno Vieira 842 Mahler Road Burlingame, CA 94010 Re: NOTICE OF AWARD Service Center Security Gate Project Dear Mr. Vieira: The City of Cupertino (“City”) is pleased to inform you that VNH Builders (“Contractor”) has been awarded the Contract for the above-referenced Project (“Project”), for the Contract Price of $365,750.00, based on your Bid Proposal submitted on March 23, 2023. A draft copy of the Contract accompanies this Notice. Please return the required Payment Bond and Performance Bond, insurance certificates and endorsements, and W-9 form by Friday, May 19, 2023. Upon review and approval of the bond and insurance documents, the contract will be routed for electronic signature via email. Failure to execute and return the enclosed Contract and required bonds and insurance documentation within the specified time could result in forfeiture of Contractor’s bid security. Please acknowledge receipt of this Notice of Award by signing the attached Acknowledgement of Notice of Award, as indicated, and transmitting the Acknowledgement to my office via email at: jimmyt@cupertino.org. Do not hesitate to contact me if you have any questions in this regard. Sincerely, Jimmy Tan Assistant Director of Public Works Enclosure Service Center Security Gate Project Project #2023-103 Page 2 Acknowledgement of Notice of Award On behalf of VNH Builders (“Contractor”), I acknowledge receipt of the Notice of Award for the Service Center Security Gate Project: s/_________________________________ Name: _____________________________ Title: ______________________________ Date: ______________________________ Service Center Security Gate Project Project #2023-103 Page 3 Contract This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”) and VNH Builders (“Contractor”), for work on the Service Center Security Gate Project (“Project”). The parties agree as follows: 1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On May 2, 2023, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment and Performance Bonds; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Potential Award; and 2.12 Notice to Proceed. 3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $365,750.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 120 calendar days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion. 6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. Service Center Security Gate Project Project #2023-103 Page 4 7. Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Name: City of Cupertino Address: 10300 Torre Avenue City/State/Zip: Cupertino, CA 95014 Phone: (408) 777-3354 Attn: Jimmy Tan Email: JimmyT@cupertino.org Copy to: scinvoices@cupertino.org Service Center Security Gate Project Project #2023-103 Page 5 Contractor: Name: Address: City/State/Zip: Phone: Attn: Email: Copy to: 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. [Signatures are on the following page] Service Center Security Gate Project Project #2023-103 Page 6 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/ s/ Name, Title Name, Title Date: Date: Attest: s/ Name, Title Date: CONTRACTOR: Business Name s/ Seal: Name, Title Date: Second Signature (See Section 12.8): s/ Name, Title Date: Contractor’s California License Number(s) and Expiration Date(s) END OF CONTRACT Service Center Security Gate Project Project #2023-103 Page 7 Payment Bond City of Cupertino (“City”) and VNH Builders (“Contractor”) have entered into a contract for work on the Service Center Security Gate Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”). 1. General. Under this Bond, Contractor as principal and , its surety (“Surety”), are bound to City as obligee in an amount not less than $365,750.00, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Address: City/State/Zip: Phone: Email: 6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. [Signatures are on the following page.] Service Center Security Gate Project Project #2023-103 Page 8 7. Effective Date; Execution. This Bond is entered into and is effective on , 20 . SURETY: Business Name s/ Date Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Business Name s/ Date Name, Title END OF PAYMENT BOND Service Center Security Gate Project Project #2023-103 Page 9 Performance Bond City of Cupertino (“City”) and VNH Builders (“Contractor”) have entered into a contract for work on the Service Center Security Gate Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”). 1. General. Under this Bond, Contractor as Principal and , its surety (“Surety”), are bound to City as obligee for an amount not less than $365,750.00 to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise, Surety’s obligations will remain in full force and effect. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed. 6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs. 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Service Center Security Gate Project Project #2023-103 Page 10 Attn: Address: City/State/Zip: ____________________________________________________ Phone: ___________________________________________________________ Fax: _____________________________________________________________ Email: 8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution. This Bond is entered into and effective on , 20 . SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title END OF PERFORMANCE BOND VNH for City of Cupertino Service Center Security Gate Final Audit Report 2023-06-01 Created:2023-05-31 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAuMPCuEvBTKM3XSdPbCP_sc0jt8vzb-r2 "VNH for City of Cupertino Service Center Security Gate" History Document created by City of Cupertino (webmaster@cupertino.org) 2023-05-31 - 0:30:05 AM GMT- IP address: 98.97.57.92 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2023-05-31 - 0:34:21 AM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2023-05-31 - 0:34:48 AM GMT - Time Source: server- IP address: 98.97.57.92 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2023-05-31 - 0:34:51 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2023-05-31 - 0:52:11 AM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to bruno.vieira@vnhbuilders.com for signature 2023-05-31 - 0:52:15 AM GMT Email viewed by bruno.vieira@vnhbuilders.com 2023-05-31 - 3:26:40 AM GMT- IP address: 108.204.5.75 Signer bruno.vieira@vnhbuilders.com entered name at signing as Bruno Vieira 2023-05-31 - 3:27:37 AM GMT- IP address: 108.204.5.75 Document e-signed by Bruno Vieira (bruno.vieira@vnhbuilders.com) Signature Date: 2023-05-31 - 3:27:39 AM GMT - Time Source: server- IP address: 108.204.5.75 Document emailed to branum.spliethof@vnhbuilders.com for signature 2023-05-31 - 3:27:43 AM GMT Email viewed by branum.spliethof@vnhbuilders.com 2023-05-31 - 4:54:33 PM GMT- IP address: 174.196.135.216 Email viewed by branum.spliethof@vnhbuilders.com 2023-06-01 - 2:26:13 PM GMT- IP address: 65.246.65.37 Signer branum.spliethof@vnhbuilders.com entered name at signing as Branum Spliethof 2023-06-01 - 2:49:29 PM GMT- IP address: 65.246.65.37 Document e-signed by Branum Spliethof (branum.spliethof@vnhbuilders.com) Signature Date: 2023-06-01 - 2:49:31 PM GMT - Time Source: server- IP address: 65.246.65.37 Document emailed to christopherj@cupertino.org for signature 2023-06-01 - 2:49:36 PM GMT Email viewed by christopherj@cupertino.org 2023-06-01 - 2:52:54 PM GMT- IP address: 104.47.74.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2023-06-01 - 2:53:19 PM GMT- IP address: 136.24.22.194 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2023-06-01 - 2:53:21 PM GMT - Time Source: server- IP address: 136.24.22.194 Document emailed to Pamela Wu (pamelaw@cupertino.org) for signature 2023-06-01 - 2:53:25 PM GMT Email viewed by Pamela Wu (pamelaw@cupertino.org) 2023-06-01 - 3:35:58 PM GMT- IP address: 104.28.123.98 Document e-signed by Pamela Wu (pamelaw@cupertino.org) Signature Date: 2023-06-01 - 3:48:52 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2023-06-01 - 3:48:56 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2023-06-01 - 4:02:41 PM GMT- IP address: 104.47.74.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2023-06-01 - 4:02:58 PM GMT - Time Source: server- IP address: 67.188.176.248 Agreement completed. 2023-06-01 - 4:02:58 PM GMT