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18-045 Golden State Bridge, Inc., Mary Ave Pedestrian Bridge RepairCITY OF m CUPERTINO 1. PARTIES PUBLIC WORKS CONTRACT $45,000 OR LESS This public works contract ("Contract") is made and entered into on April 12, 2018 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Golden State Bridge, Inc. , a Corporation ("Contractor") for Mary Ave. pedestrian bridge repair. 2. SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on May 4, 2018 ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. Th~ City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of $200.00 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities, and extended disruption to the public. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $17,000.00 ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs. 4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month , itemizing labor, materials, equipment and Public Works Project Mary Ave. Pedestrian Bridge Repair Public Works Contract $45,000 /Rev . Nov 3, 2017 Pag e I of 11 any incidental costs incurred. Contractor will be paid 95% of the undisputed amounts billed within 30 days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within 60 days of City's acceptance of the Work as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they . are properly licensed, registered, and/or certified to perform the Work as required by law, and have procured a City Business License. Contractor shall possess a California Contractor's License in good standing for the following classification(s):A , which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor . 5.5 Tools, Materials and Equipment. Contractor will supply all tools , materials and equipment required to perform the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Contract. Upon City 's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors and permitted assigns Public Works Project Mary Ave , Pedestrian Brjdae Repajr Public Works Contract $45,000 /Rev . Nov 3, 2017 Page 2 of 11 8. PUBLICITY / SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one year thereafter must credit City contributions to the Project. The words "City of Cupertino" must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to 35 % of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports, but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HV AC systems; utilities and utility connections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records, and maintained for four years from the date of City's final payment. Public Works Project Mary Ave. Pedestrian Bridge Repair Public Works Contract $45,000 /Rev. Nov 3, 2017 Page 3 of 11 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants ("lndemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, stop notices, actions, causes of action, demands, charges, losses and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury, property damage, or economic Joss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third -party claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price, Workers' Compensation or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other lndemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance at Contractor's expense, deducting the costs from Contractor's compensation, or terminating the Contract. Public Works Project Mary Ave. Pedestrian Bridge Repair Public Works Contract $45,000 /Rev . Nov 3, 2017 Page 4of 11 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor 's ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) Contracts of $1 ,000 or more are subject to the requirements of the California Labor Code, including but not limited to: (i) Prevailing wage laws under Labor Code Section 1775 , which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification, or type of worker needed to perform the Work , including health , pension and vacation. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR; (ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812 , and ele ctronically submi t them to the Labor Commission er as required by the regulations of California, Department of Industrial Relations ("DIR"); (iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day 's work. Contractor will also be required to pay City a penalty of $200.00 per worker for each day of violation. (c) As required by Labor Code Section 1861 , by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 which requires 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 Work on this Contract." 13 .3 Discrimination Laws. Contractor shall not discriminate on the basis of race , religious creed, color, ancestry , national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5 . Consistent with City policy prohibiting harassment and discrimination , Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person , by Contractor or Contractor's employees or sub-contractors will not be tolerated . Public Works Project Mary Ave. Pedestrian Bridge Repair Public Works Contract $45,000/Rev. Nov 3, 2017 Page 5 of! I 13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, or other agent of the City ("City Representative") may have, maintain, or acquire a "financial interest" in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants and agents warrant they are not employees of City or have any relationship with City officials, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A-or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City's Service Center must be called at (408) 777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and Public Works Project Mary Ave. Pedestrian Bridge Repajr Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 6 of 11 ( c) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705 prior to commencing work. The plan must show the design of shoring, bracing, sloping and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to , the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; (c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water offsite in lawful manner; ( d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff; ( e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines . Public Works Project Mary Ave. Pedestrian Bridge Repair Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 7 of 11 17. PROJECT COORDINATION City Project Manager. City assigns Ken Tanase as the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns William Reames -------------------as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time . Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in writing, the time spent in closing out the Work will be compensated up to 10% of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contracto r will be paid for satisfactory Work rendered through the terminat ion date and will be given reasonable time to clos e out the Work . 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work , products and deliverables completed . Nothing in the Section below is intended to delay , abridge or bar· City's right under this Section . 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara , California . The dispute resolution procedures of Public Contract Code Section 20 I 04, incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit , Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action, files a complaint or cross -complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs . Public Works Project Mary Ave . Pedestrian Brjdge Repajr Public Works Contract $45,000 /Rev. Nov 3, 2017 Page 8 of 11 21. SIGNS/ADVERTISEMENT No signs may be displayed on or about City's property, except signage which is required by law or by the Contract, without City's prior written approval as to size , design and location. 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach. 26. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality , and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials and equipment should pass to City free of claims, liens or encumbrances . Contractor warrants the Work and materials for one year from the date of City's acceptance of th e Work as complete ("Warranty Period"), exce pt when a longer guarantee is provided by a supplier, manufacturer or is required by this Cont ract. During the Warranty Period , Contractor will repair or replace any Work defects or material s, including damage that arises from Contractor 's Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 27. ENTIRE CONTRACT This Contract and the attachments, documents , and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract terms will control. 28. SEVERABILITY IP ARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. 28 . SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all warranties, indemnities, payment obligations, insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project Mary Ave . Pedestrian Brjdge Repair Public Works Contract $45,000 /Rev . Nov 3, 2017 Page 9 of 11 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions . 30. CAPTIONS The captions, titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 20. NOTICES All notices, requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified , or the next business day following electronic submission : To City of Cupertino: I 0300 Torre A venue , Cupertino CA 95014 Attention: Ken Tanase To Contractor: Golden State Bridge, Inc . Attention: William Reames -------------Copy to: Carl Valdez Copy to: ___________ _ Email: kent@cupertino .org Email: will@gsbridge .com 30. VALIDITY OF CONTRACT This Contract is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney's Office. 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 3 I 3. Public Works Project Marv Ave. Pedestrian Brjdge Repair Public Works Contract $45,000 /Rev. Nov 3, 2017 Page 10 of 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Exec ution Date first above written. CONTRACTOR Golden State Bridge, Inc CITY OF CUPERTINO, a Municipal Co rporation , Corooration 1 ,j/ By :·~//~ By : a&~ fd/l Ti mm Borden Title : Vice President Title: Director of Public Works Signature Date : _3_· _/_{;.::...-/--=-/_/_~--Signature Date : __ 7_./'-~-/_,_8' _____ _ Cupertino Ci ty A tt orney AT TES T: ~ By:~ GRACE SCHMIDT, City Clerk Public Works Project Marv Ave, Pedestrian Bridge Repair Public Works Contract $45,000 /Rav . Nov 3, 2017 Pnge 11 of 11 EXH I BIT 11 A11 April 5, 2018 Mr. Ken Tanase City of Cupertino Department of Public Works 10555 Mary Ave Cupertino, CA 95014 Subject; Maintenance work on the Mary Avenue Bridge Dear Mr. Tanase, GOLDEN ~ STATE BRIDGE, INC. Engineers & Contractors Thank you for contacting us this afternoon. Golden State Bridge is pleased to provide this proposal for the maintenance work on the Mary A venue Bridge based on our conversation today and my conversation with John Litzinger of HNTB yesterday. Project Description: The full scope of this work includes pressing the pin in one of the back stay cables back into place and re-attaching the cover plate. The method to accomplish this would be determined by a collaborative effort form GSB, City of Cupertino and HNTB. It is anticipated that the pin would be pressed into place with hydraulic equipment and an apparatus fixed to the bridge in a way agreeable to the City of Cupertino and HNTB. Then the cover plate would be re-attached . As this method has yet to be worked out we anticipate that the work would take up to a week to perform for a two man crew. The Jacking apparatus has not been designed so I plugged a cost in for that. Based on these assumptions and the rates described below we anticipate that this project would not exceed $ 17,000.00 . An additional modification to the bridge to prevent future pin issues was discussed and it is understood that this work if performed, would be address in a change order to this proposal. 3701 Mallard Drive Benicia, CA 94510 (925) 372-8000 Fax (925) 372-8001 Rates and Markups: Ironworker Foremen lronworker Professional Engineer Truck Hydraulics (GSB) Labor Markup Material / invoice Markup Equipment Markup Regards , EXH I BIT 11 A11 $83 .70/hr $79.13/hr $160.00/hr $21.00/hr $300.00/day ( or by invoice if rented) 35% 15% 15% ~~//~ William A. Reames , P.E. Vice President Golden State Bridge, Inc . Attachment: None 2 GOLDEN ~ STATE BRIDGE, INC. Engineers & Contractors 370 l Mallard Drive Benicia, CA 94510 (925) 372-8000 Fax (925) 372-8001 PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects -$45,000 Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and for jive years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: I. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor 's or Subcontractor's acls or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence . The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 0 l 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 0 l covering any auto (Code l ), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance ofno less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. D N/A if box checked (Contractor provides written verification it has no employees). 4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. fg1 NIA if box checked (Contract is not design/build). 5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. ~ NIA if box checked (Projecl does not involve construction or improvements/installations to property). Insurance Requirements for Construction Contracts -$45,000 Version : Nov2017 6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no l~han $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. ~ NIA if box checked (Project does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses . The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 IO 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project, Contractor's insurance coverage shall be "primary and non-contributory" and at least as broad as ISO CG 20 010413 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a "primary and non-contributory" basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City . Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder's Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City's site. Insurance Requirements for Construction Contracts -$45,000 Version: Nov 2017 2 Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation . The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Acceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A .M. Best's financial strength rating of"A" or better and a financial size rating of"Vll" or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required . Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. Insurance Requirements for Construction Contracts -$45,000 Version : Nov 2017 3 GOLDSTA-12 KWINDER ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 4/6/2018 THIS CERTIFICATE IS ISSUED AS A MATIER 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). PRODUCER ~2~~~cT Kathleen Winder Fresno CSG-Alliant Insurance Services, Inc. PHONE I FAX 9 E. River Park Place East Ste 31 O /A/C No Extl : (A/C Nol : Fresno, CA 93720 ii:iMt~~ss: kwinder@alliant.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Travelers Property Casualty Company of America 25674 INSURED INSURER B : Travelers Indemnity Company of Connecticut 25682 Golden State Bridge Inc INSURERC: 3701 Mallard Drive INSURERD: Benicia, CA 9451 O INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 DESCRIB ED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ,n ·~· POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDNYYYl (MM/DDNYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 t---==i CLAIMS-MADE 0 OCCUR Uf\OVOf\'>C: ',Y{t:N,c:u X X DT22C08G905777TCT18 03/31/2018 03/31/2019 PREMISES Ea occurrence) s 300,000 t--- MED EXP (Any one person) $ 10,000 t--- PERSONAL & ADV INJURY $ 2,000,000 t--- GEN'LAGGR EGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ 4,000,000 ~ [KjPRO-DLoc PRODUCTS -COMP/OP AGG $ 4,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBIN ED SINGLE LIMIT $ 1,000,000 /Ea accidentl -B X ANY AUTO X DT8108G905777TCT18 03/31/2018 03/31/2019 BODILY INJURY (Per person) $ t---ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (P er accident) S t----NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS /Per accident\ $ ~ - $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION X I ~ffTUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N A ANY PROPRIETOR /PAR TNER/EXECUTIVE D X UBOK5431871826G 03/31/2018 03/31/2019 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addttlonal Remarks Schedule , may be attached if more space is required) RE: Maintenance work on the Mary Avenue Bridge, Cupertino, CA The City of Cupertino, its City Council, officers, officials , employees, agents, servants and volunteers are included as Additional Insureds as required by written contract, but limited to the operations of the Insured under said contract, per the applicable endorsement with respect to the General Liability policy. General Liability evidenced herein is primary and non-contributory to other insurance available to the certificate holder, but only to the extent required by SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE )( a..-t.-Ct •. -L(~ 9. u)~~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: GOLDST A-12 KWINDER -------------------LO C #: 0 ------- ADDITIONAL REMARKS SCHEDULE AGENCY i:resno CSG-Alliant Insurance Services, Inc . POLICY NUMBER SEE PAGE 1 CARRIER I, NAIC CODE SEE PAGE 1 SEEP 1 ADDITIONAL REMARKS TH IS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: written contract with the insured. NAMED INSURED Golden State Bridge Inc 3701 Mallard Drive Benicia, CA 94510 Solano EFFECTIVE DATE : SEE PAGE 1 Page 1 of 1 A Waiver of Subrogation is granted in favor of The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers as required by written contract but limited to the operations of the Insured under said contract, with respect to the General Liability, Automobile Liability, and Workers' Compensation & Employer's Liability policies . General Liability Designated Project General Aggregate Limit coverage form applies Cancellation clause applies Endorsements attached: General Liability additional insured General Liability primary General Liability waiver of subrogation General Liability cancellation General Liability Designated Project General Aggregateproject aggregate Automobile waiver of subrogation Workers' Compensation waiver of subrogation ACORD 101 (2008/01) © 2008 ACORD CORPORA TJON . All rights reserved. The ACORD name and logo are registered marks of ACORD INSURED : Golden State Bridge, Inc . POLICY NUMBER: DT22C08G905777TCT18 POLICY TERM: 03/31/2018-03/31/2019 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED -(Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance prov ided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section Ill -Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including : i. The preparing, approving , or failing to prepare or approve, maps, shop draw- ings , opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory , inspection , architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bod ily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured , and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period , whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess , contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non -contributory basis , this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis , that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence " or an offense which may result in a claim . To the extent possible , such notice should include : C G D2 46 08 05 © 2005 The St. Paul Travelers Companies , Inc . Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place ; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. -DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part , provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you ; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc . CG D2 46 08 05 INSURED : Golden State Bridge , Inc . POLICY NUMBER: DT22C08G905777TCT18 POLICY TERM : 03/31/2018-03/31/2019 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORSXTENDENDORSEMENT This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage . However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part , and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only . Limitations and exclusions may apply to these coverages . Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties , and what is and is not covered. Extracted from CGD316 1111: L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS : If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs ; or b. "Personal injury" or "advertising injury" caused by an offense that is committed ; subsequent to the execution of that contract or agreement. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES -CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following : CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Com- mon Policy Condition are replaced by the follow- ing: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named In- sured, at the mailing address shown in the policy , and to the producer of record , advance written notice of cancellation, stating the rea- son for cancellation, at least: a. 10 days before the effective date of can- cellation if we cancel for: (1) Nonpayment of premium ; or (2) Discovery of fraud by: (a) Any insured or his or her repre- sentative in obtaining this insur- ance ; or (b) You or your representative in pursuing a claim under this pol- icy . b. 30 days before the effective date of can- cellation if we cancel for any other rea- son . 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days , or is a renewal of a policy we issued , we may cancel this policy only upon the oc- currence, after the effective date of the policy , of one or more of the following: (1) Nonpayment of premium , including pay- ment due on a prior policy we issued and due during the current policy term cover- ing the same risks. (2) Discovery of fraud or material misrepre- sentation by : (a) Any insured or his or her representa- . tive in obtaining this insurance ; or (b) You or your representative in pursu- ing a claim under this policy . (3) A judgment by a court or an administra- tive tribunal that you have violated a Cali- fornia or Federal law , having as one of its necessary elements an act which materi- ally increases any of the risks insured against. (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your repre- sentative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control re- quirements, agreed to by you as a condi- tion of policy issuance , or which were conditions precedent to our use of a par- ticular rate or rating plan , if that failure IL 02 70 09 12 © Insurance Services Office , Inc., 2012 Page 1 of 3 materially increases any of the risks in - sured against. (6) A determination by the Commissioner of Insurance that the : (a) Loss of, or changes in, our reinsur- ance covering all or part of the risk would threaten our financial integrity or solvency ; or (b) Continuation of the policy cove rage would : (i) Place us in violation of California law or the laws of the state where we are domiciled ; or (ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the commer- cial or industrial en terprise , which results in a materially added, increased or changed risk , unless the added, in- creased or changed risk is included in the policy . b. We will mail or deliver advance written not ice of cancellation , stating the reason for cancel- lation , to the first Named Insured , at the mail - ing address shown in the policy , and to the producer of record, at least: ( 1) 10 days before the effective date of can- cellation if we cancel for nonpayment of premium or discovery of fraud ; or (2) 30 days before the effective date of can- cellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provis ion is added to the Cancella- tion Common Policy Condition : 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to cover- age on tenants' household personal property in a residential unit , if such coverage is writ- ten under one of the following : Commercial Property Coverage Part Farm Coverage Part -Farm Property -Farm Dwellings , Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less , and is not a renewal of cov- erage we previously issued, we may can- cel this coverage for any reason , except as provided in b. and c. below . b. We may not cancel this policy solely be- cause the first Named Insured has : (1) Accepted an offer of earthquake cov- erage ; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium sur- charge . However , we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises . Th is restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions : (1) Commercial Property Coverage Part -Causes Of Loss -Special Form ; or (2) Farm Coverage Part -Causes Of Loss Form -Farm Property, Para- graph D. Covered Causes Of Loss - Special. C. The following is added and supersedes any pro- visions to the contrary: Non renewal 1. Subject to the provisions of Paragraphs C.2. and C.3 . below, if we elect not to renew this policy , we will mail or deliver written notice , stating the reason for nonrenewal , to the first Named Insured shown in the Declarations, and to the producer of record , at least 60 days , but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured , and to the producer of re - cord, at the mailing address shown in the pol - icy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units , and to coverage on tenants' household property contained in a residential unit , if such coverage is wr itten under one of the following : Page 2 of 3 © Insurance Services Office, Inc ., 2012 IL 0 2 70 091 2 Commercial Property Coverage Part Farm Coverage Part -Farm Property -Farm Dwellings , Appurtenant Structures And Household Personal Property Coverage Form a. We may elect not to renew such cover- age for any reason , except as provided in b., c. and d. below . b. We will not refuse to renew such cover- age solely because the first Named In- sured has accepted an offer of earth- quake coverage . However, the following applies only to in- surers who are associate participating in- surers as established by Cal. Ins . Code Section 10089.16 . We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting princ iples that relate to the coverages provided by this policy and that are cons istent with the ap- proved rating plan and related docu- ments filed with the Department of Insurance as required by existing law ; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous cond ition. A hazard- ous condition includes , but is not lim- ited to , a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policy- holder surplus of at least 25 % for payment of those claims ; or (3) We have: (a) Lost or experienced a substant ial reduct ion in the availability or scope of reinsurance coverage ; or (b) Experienced a substantial in- crease in the premium charged for reinsurance coverage of our residential property insurance pol icies ; and the Commissioner has approved a plan for the nonrenewals that is fa ir and equitable , and that is responsive to the changes in our reinsurance po- sition . c. We will not refuse to renew such cover- age solely because the first Named In- sured has cancelled or did not renew a policy , issued by the California Earth- quake Authority , that included an earth- quake policy premium surcharge. d. We will not refuse to renew such cover- age so lely because corrosive soil condi- tions exist on the premises . This restric- tion (d.) applies only if coverage is sub - ject to one of the following , which exclude loss or damage caused by or resulting from corrosive soil conditions : (1) Commercial Property Coverage Part -Causes Of Loss-Special Form ; or (2) Farm Coverage Part -Causes Of Loss Form -Farm Property , Para- graph D. Covered Causes Of Loss - Special. 3. We are not required to send notice of nonre- newal in the following situations: a. If the transfer or renewal of a pol icy , with- out any changes in terms , conditions or rates, is between us and a member of our insurance group . b. If the policy has been extended for 90 days or less , provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement cover- age, or if the first Named Insured has agreed , in writing , within 60 days of the term ination of the policy , to obtain that coverage . d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be re- newed . e . If the first Named Insured requests a change in the terms or condit ions or risks covered by the policy within 60 days of the end of the policy period . f. If we have made a written offer to the first Named Insured , in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate , when the increase exceeds 25%. IL 02 70 09 12 © Insurance Services Offi ce , Inc ., 2012 Page 3 of 3 INSURED: Golden State Bridge, Inc. POLICY NUMBER: DT22C08G905777TCT18 POLICY TERM : 03/31/2018-03/31/2019 COMMERCIAL GENERAL LIABILITY ISSUE DATE : 03/31/2018 THIS ENDORSEMENT CHANGES TH E POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): See Certificate of Liability Insurance attached. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "project" shown in the Schedule above : 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations , unless separate Designated Project General Aggregate(s) are sched- uled above. 2. The Designated 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 "prop- erty damage" included in the "products- completed operations hazard", and for medi- cal expenses under COVERAGE C, regard- less of the number of : a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Designated Project General Aggregate(s): 3. Any payments made under COVERAGE A . for damages or under COVERAGE C. for medical expenses shall reduce the Desig- nated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above . 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag - gregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un - der COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule above : CG D2 11 01 04 Copyright, The Travelers Indemnity Company , 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Ag - gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. C. Part 2. of SECTION Ill -LIMITS OF INSURANCE is deleted and replaced by the following : 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under COVERAGE A (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above . D. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots , or premises whose con- nection is interrupted only by a street, roadway , waterway or right-of-way of a railroad shall be considered a single "project". F. The provisions of SECTION Ill -LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company , 2004 CG D2 11 01 04 INSURED : Golden State Bridge, Inc. POLICY NUMBER: DT8108G905777TCT18 POLICY TERM: 03/31/2018 -03/31/2019 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY . BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties , and what is and is not covered . Extracted from CAT353 02 15 : M . BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5 ., Transfer Of Rights Of Recovery Against 0 thers To Us, of SECTION IV -BUSINESS AUTO CONDI-TIONS : 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have (1) Owned by an "insured", and against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss" provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. ©2015 The Travelers Indemnity Company. All Rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CAT 3 53 02 15 ~ TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)- POLICY NUMBER: UB0K5431871826G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITIEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER . Schedule % of the California workers' compensation pre- Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03/31/2018 Insured Golden State Bridge , Inc. Policy No . UB0K5431871826G Endorsement No . Premium Insurance Company Travelers Property Casualty Co Countersigned by ___________ _ of Ame rica DATE OF ISSUE: 03/31/2018 ST ASSIGN : Page 1 of 1 -•!!!!!!!!!!! .... ::::: ~ Ill ;;;;;;;a .iiiiill ~=-.. _ ~ -am; "'= -== ro= ~ .,,iiiiiii --,...~ --= i!!ii:::i -o= 0~ ;i;5; -= -= -la! ·~ 0 148l!O ~ TRAVELERSJ ONE TOWER SQUARE HARTFORD, CT D6183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 06 01 ( A) POLICY NUMBER : UBOK5431871826G CALIFORNIA CANCELATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California Is shown In Item 3.A. of the information page. The cancelatlon condition in Part Six (Conditions) of the policy is replaced by these conditions: CANCELATION 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancelation is to take effect. 2. We may cancel this pol Icy for one or more of the following reasons: 3. 4. a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy Issued by us: d. Failure to pay any addltlonal premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us ; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us In the Investigation of a claim; g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recommendations of our designated loss control representatives; i. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially Increases the hazard for frequency or severity of loss; k. The occurrence of any change In your business or operation that requires addltlonal or different classification for premium calculation; I. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. If we cancel your policy for any of the reasons listed In (a) through (f), we will give you 10 days advance written notice, stating when the cancelatlon is to take effect. Mailing that notice to you at your malling address shown In Item 1 of the Information Page w ill be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Items (g) through (I), we wlll give you 30 days advance written notice; however, we agree that in the event of cancelatlon and relssuance of a po/Icy effective upon a material change In ownership or operations, notice wlll not be provided. The pollcy period will end on the day and hour stated In the cancelatlon notice. DATE OF ISSUE : 03-22-2018 ST ASSIGN: Page 1 of 1