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19-002 Golden State Bridge, Inc., Don Burnett Bridge Bearing Pin Repair, Project No. 2019-108 RECORDING REQUESTED BY City of Cupertino 24270179 Regina Alcomendras Santa Clara County - Clerk-Recorder WHEN RECORDED MAIL TO 09/03/2019 11:22 AM Titles: 1 Pages: 3 City Clerk's Office `J Fees: 0.00 City of Cupertino Taxes: 0 `� p Total: 10.00 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 NOTICE OF COMPLETION CITY PROJECT NAME: Don Burnett Bridge Bearing Pin Repair O Original 71 For Fast Endorsement Recording Requested By: The City of Cupertino When Recorded Mail To: Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE NOTICE OF COMPLETION Civil Code §§ 8182, 8184, 9204, and 9208 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the agent of the owner of the Project described below. 2. Owner's full name is the City of Cupertino("City") 3. City's address is 10300 Torre Avenue, Cupertino, CA 95014. 4. The nature of City's interest in the Project is: X Fee Ownership _Lessee Other: 5. Construction work on the Project performed on City's behalf is generally described as follows: Don Burnett Bridge Bearing Pin Repair 6. The name of the original Contractor for the Project is: Golden State Bridge 7. The Project was completed on: August 12, 2019 8. The Project is located at: Mary Ave, Cupertino Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I knor and understand the contents of this notice, and that the facts stated in this notic�j�re r nd correct. .91,yl,f cu P(,ZTi,vo Date and Place Signature C ,aAL) /nos cEr CI IV&10 .Q Name and Title CITY OF PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 • FAX: (408) 777-3333 CUPERTINO CUPERTINO.ORG NOTICE OF ACCEPTANCE PROJECT NAME: Owner: City of Cupertino General Contractor: Golden State Bridge 10300 Torre Avenue Cupertino, CA 95014 Site Location: Mary Ave, Cupertino Work Description: Don Burnett Bridge Bearing Pin Repair Contract Date: January 9, 2019 Date of Project Acceptance: August 12, 2019 NOITCE IS HEREBY GIVEN THAT I, Chad Mosley, Assistant Director of Public Works and City Engineer or authorized delegee of the City of Cupertino, California, do hereby certify that the improvements performed at the referenced site and as described above and in the referenced contract, which was entered into, by, and between the City of Cupertino and the General Contractor on the date noted above, in accordance with the plans and specifications for said work, have been co feted to the City's satisfaction, subject to exceptions noted below, if any, and accepted on t ate specified above. 6;?t :5//y/1 q Chad Mosley Date Assistant Dir66tor of Public Works City Engineer Contract / � | This public works contract ("Condract") ia entered into by and between the City ofCupertino | ("City"), a municipal corporation, and Golden State Bridge ("Contractor"), for work on the Don | Burnett Bridge Bearing Pin Repair Project (^Pnojeot"), � � The parties agree aefollows: i � 1. Award ofContract. |n response to the Notice Inviting Bids, Contractor has submitted o | Bid Proposal and accompanying Bid Schedule, a copy of which is attached for convenience as Exhibit A, to perform the Work to construct the Project. On 20_1n. 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 following: 2.1 Bid Proposal and attachments thereto; 2.2 Contract; � 2.3 Payment Bond, Performance Bond � 2.4 General Conditions; 2.5 Special Conditions; 2.6 Project Drawings and Specifications; 2.7 Change Orders, ifany; 2.8 Notice to Proceed; � 29 City ofCupertino Standard Details; and 2.14 The following: No Additional Documents 3. Contractor's Obligations. Contractor will pedbnn all of the Work required for the Pnoject, as specified in the Contract Documents. Contractor must pnovido, furnioh, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materia|a, supplies, tools, equipment, transportation, and � uti|itieo, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. � 4. Payment. Aa 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$95,325.45 ("Contract Price")for all of Contractor's direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxea, inaunance, bonds and all overhead coata, in accordance with the payment provisions in the General Conditions. S. Time for Completion. Contractor will fully complete the Work for the Project by August 30, 2019 days from the commencement date given in the Notice to Proceed ("Contract Time"). By signing be|mw. Contractor expressly waives any claim for delayed early completion. G. Liquidated Damages. |f Contractor fails ho complete the Work within the Contract Time, City will assess liquidated damages in the amount of$500 per day for each day of ' unexcused delay in completion, and such liquidated damages may be deducted from City'a payments due orto become due to Contractor under this Contract. 7. Labor Code Compliance. --n Burnett- Bridge Bearing' Pin RepairProject CONTRACT ` Project No. 2019-108 Page � | � � � 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part of Division2of the Labor Code, including requirements pertaining howages, working hours and workers' compensation insurance. 7.2 Prevailing Wages. This Project is subject tothe 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 . 7.3 D|R Registration. City may not enter into the Contract with o bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code section 1725.5, subject to limited legal exceptions. O. Workers' Compensation Certification. Under Labor Code section 18G1. by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 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 onthis Contract." 8. Conflicts of Interest. Contractor, its employees, Subcontractors and agonta, may not have, maintain or acquire a conflict ofinterest in relation to this Contract in violation of any City ordinance nr policy Vrin violation of any California |aw, including under Government Code section 10OOet seq. and under the Political Reform Act ee set forth inGovernment Code section 81000 etaeq. and its accompanying regulations. No officer, officio|, 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 under the Political Reform Act(Government Code section 81000, et seq., and regulations promulgated thereunder); or under Government Code section 1090, et seq.; or in violation of any City ordinance or policy while serving as a City Representative or for one year thereafter. Any violation of this Section constitutes o 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. Don Burnett Bridge Bearing Pin Repair Project CONTRACT Project No. 2010-108 Page � | � | | � � 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in wniting, aigned, dated and sent to the other party by personal delivery, U.S. Mei|, o reliable overnight delivery service, or by email as o PDF (or comparable)file. � Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given asfollows: � City: Name: City ofCupertino Address: 103OO Torre Avenue City/State/Zip: Cupedino, CAQ5O14 Phnno: (408)-777'3354 Attn: Director of Public Works Email: noger|@cup*rtinoorg Cnpyho: pwinvoicea@cuperUno.org Contractor: c^4'«CL-L-0 Email: \ �*��w� �O*� ~�- _�� ' Copy to: 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights orobligations under this Contnact, in part or in vvho|a. without City'avmitten consent. This Contract ia binding on Contractor's and Cby'a lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries tothis Contract except as expressly provided in the General Conditions or Special Conditions. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will bein the Superior Court of Santa Clara County, and no other place. 12.4 Amendment. No amendment ormodification of this Contract will be binding unless it is in awhting duly authorized and signed by the parties tothis Contract. 12.5 Integration. This Contract and the Contract Documents incorporated henain, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severobi|ity. If any provision of the Contract Oooumento, or portion of provioion, ia determined hzbeillegal, invo|id, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Authorization. Each individual signing below warrants that hoorshe is authorized to do so by the party that he or she represents, and that this Contract is legally Don Burnett Bridge Bearing Pin Repair Project CONTRACT Project No. 2O1Q'1O8 Page binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. [Signatures are on the following page.] Don Burnett Bridge Bearing Pin Repair Project CONTRACT Project No. 2019-108 Page 7 The parties agree to this Contract as witnessed by the signatures below: CONTRACTOR o,Oem sm-ne flca2gWC CITY OF CUPERTINO <insert full name of Contractor a ove> A Municipal Corporation � a By By ... Name J aN a rl e'er �, Timm Barden' Title Director of P blic Works Date /—�3- .0 Date � , i By, Name iLt d1`1 Title V"i, (,&- Date ....,. o) i APP S TO ORM: Name City Attorney Date i f ATTEST: Grace Schmidt City Clerk �, Date Contract Amount P.O. No. Account No. END OF CONTRACT Don Burnett Bridge Bearing Pin Repair Project CONTRACT Project No. 2019-108 Page 8 _0 C` cn 0 ca- 2 (D w 0 p q ll� z w U) 11 II ❑ II II W "Ioo �.OgO688888880000 0 �m - - �. .. . . . . . . . z 0 C, W w w 0 0 F- 0 . L) l< 110) -�E L) L: 01- 0 76 <U 0 '6'6 2i D — z U) z 0 0 0 E W R: a a° :) ,M e z co 5, 00M 0 LU L) co < 0 F- 6 x 6)x x,>< >< x Q) � X x x u w a N af a' (if U) LL < w o 0 E 0 W 22 0 OOOOCDOO 0 E 9 00 CS C8)C8 COD 0 CD Cl C>0 C�C>q 0 C) 9 g C? C? LN 0 Na < t c6 6 6 6 6 6 cD 6 6 o c>o o o c,o o < 0 (0 C 69 69 69�a�9 U33 U4 U4(Aen,Ea V�U)U)(41 a) cq li m W IL o -0 Cl);; 1-1 1 c Gl� S. x w w N polo 99,cog g o.�:0 0.0 cr 00.. o 0 D 0 17 F7 F7�E 0 B z 8 c6 w c co w D w w 0 a > 0 w w < 0 LU a. (n z .0 LU a. x w 0 0 Z E 0 u 6 0,2 z 0 a q) (D < (L z 0 m 0 0- 2- R -C E F 0 —0 , -�� b :) W — o-w u 0 ca D 0 0 U) 0 w 2 w u u Ir(D 3: , .M (ni 1l1 I I 1 PROPOSAL # F.D.TFIOMAS, INC. To: General Contractor: Golden State Bridge Proposal Date Proposal Expiration Date Attention: Estimating & Project Mary Avenue Bicycle Footbridge-Bearing Pin Repair FDT License# CA 610403 _.. _........... -- -................... ............... ... �._..._...._ FDT Contact: Todd Anderson D.I.R#-1000000093 --- —............. ---.... FDT Contact FDT Contact Phone: 916-413-0009 Email: Todd.Anderson(oWdthomas.com wow : We propose to furnish all labor,material and equipment per the specifications below for the prices as listed. In addition the scope clarifications and exclusions are a part of the proposal and must be considered as part of any contract entered into at a later date pertaining to this proposal. In order to provide a Payment and Performance bond,the schedule,terms and conditions of the contract must be agreed upon. In no circumstance regardless of the specifications will FDT provide a bond for longer than 3 years after completion of the project. This bid is subject to and conditioned upon the use of the American Institute of Architects contract Form A401 (ed.2007)or such other terms and conditions acceptable to F.D.Thomas, Inc.(FDT) FD Thomas proposal includes removing existing coating where welding is to take place on 4 bearing pin repair locations,SP3 for surface preparation of welded locations,application of organic zinc prime coat,application of 2 DTM acrylic finish coats. 1 Section 59 Painting Caltrans 2015 Standard Specifications 1 Prep and Paint 4 Bearing Pin Locations $ 10,400.00 1 LS $ 10,400.00 TOTAL $ 10,400.00 We thank you for the opportunity to provide this quote. If you have any questions please feel free to contact us. Sincerely, Todd Anderson 916-413-0009 FD Thomas,Inc. 217 Bateman Drive Central Point,OR 97502 Page t of Tab: 1.41-Proposal Letter File: Estimating Proposal Ver 2018-10-02 FD Thomas, Inc. CLARIFICATIONS & EXCLUSIONS Job#:Mary Avenue Bicycle Footbridge-Bearing Pin Repair Proposal is Subject to Conditions Below F.D.Thomas, Inc. (FDT) CLARIFICATIONS: 1 General contractor to supply access to the 4 locations. 2 General contractor to layout locations to be abated. 3 General contractor to supply all pedestrian traffic control. 4 Suitable laydown area for parking,storage of materials, and equipment to be provided_ by Owner/GC. 5 Bond costs are not included in this proposal. If a bond is required it will be subject to the standard terms of our surety and will cost approximately 1%of total contract value. 6 FDT is a union signatory contractor. - - - - - ....... - 7 Based on the proposed schedule for our work we have included the cost for one(1)equipment mobilization to the project. Additional mobilizations required due to changes in our work schedule will be an additional cost. -._ ....... — 8 We will need to receive a notice-to-proceed a minimum of 2 Weeks prior to the comencement of our on-site work, in order to secure materials and reserve time in FDT's production schedule. -..._- — ......._._ ........ 9 Our proposal is based on working 40-hour-work weeks. In the event that overtime is required, FDT will receive reimbursment of its additional cost of overtime. 10 FDT has not included heat,dehumidification,ventilation, scaffolding, and shrink-wrapping of any structures or areas for purposes of abatement and or weatherization. - _ _ ........ _._.----- ...... 11 Restroom facilities will be provided by Owner/GC at no cost to FDT. 12 Our exterior work is weather sensitive and requires application only in favorable weather conditions.This includes the time required to perform all preparation, application,and cure as required by the manufacturer. 13 All surfaces and work areas released to FDT for our work will be in a condition suitable for our work and will be subject to inspection and approval by FDT prior to commencement of work. 14 All primers and other coating materials applied by others must be compatible with our field-applied materials. ....... - 15 FDT is a SSPC QP-1, QP-2, QS-1, and QP-8 certified contractor. All structural steel,ferrous&non-ferrous metal, piping and appurtenances, and mechanical items that required specified field finishes will be provided to us properly prepared and primed according to the relevant specification sections using 16 compatible products.This work is to be performed by others and must be completed prior to installation. EXCLUSIONS: 1 Removal of lead base paint. 2 FDT will not be liable for liquidated damages outside of agreed upon schedule. 3 Overtime, holiday,or weekend work. _ _ _.. 4 Providing any type of enclosures for inclement weather. 5 Dehumidification. ............. 6 Heating to provide acceptable substrate conditions as specified by the material specifications. 7 Trade damage,touch up,or rework of surfaces completed by FDT due to actions of others. 8 Protection of completed surfaces and finishes after application or installation by FDT. Page 2 of Tab: 1.42-Clarif. &Excl. File: Estimating Proposal Ver 2018-10-02 XKT Bid#G 18128-1 Page# I oft XKT Engineering, Inc P.O. Box 152, Vallejo CA 94590 Bldg 390 Railroad Ave, Mare Island, CA 94592 (707) 562-2500 Fax (707) 562-2565 DeGeMbeF 4, 2018 Revised Dec 11, 2018 Mr. William A. Reames Golden State Bridge, Inc. Email: Phone: (925) 372-8000 (office) William: XKT Engineering, Inc. is pleased to submit pricing for Fabrication of: Structural Steel Bridge Parts for your Mary Avenue Bicycle Foot Bridge Bearing Pin Repair project. XKT ENGINEERING Price Quote for: STRUCTURAL STEEL & ELASTOMERIC BEARINGS: $ 39,185.00 (Rev. 1) Sales Tax is Not Included Our price quote is based on Project Documents: BEARING PIN REPAIR Sheets SK-1, SK-2, SK-3 Mary Avenue Bicycle Footbridge by the City of Cupertino & HNTB Corporation pdf file: 2018-10-30 TIE DOWN DEVICE MODIFICATIONS STAMPED.pdf (Drawings are not Dated) Included: a.) Four sets of Parts for Bearing Pin Repair b.) Includes Elastomeric Bearings (as Clarified) c.) One Extra TOP PLATE for Jacking (3" plate, not painted) d.) Blast (SP-1 0), 3-coat Paint, Gloss White Finish a. Note: Plates "B" & Stainless Steel are provided without paint e.) Plate as A709 Grade 50 with CVN testing for Zone 2 f.) Shop Drawings for Review & Approval g.) Welding and Tolerance per AWS D1.5 h.) Visual In-House inspection & LIT of CPJ per AISC i.) F.O. B. XKT Engineering In Vallejo, California Excluded: 1) Any Items not listed above 2) Any & All Field work (Surveys, Dimensions, Installation, etc.) 3) Taxes (Sales Tax, etc.), Bonding, Permits, & Fees. 4) Liquidated, Incidental & Consequential Damages, etc. 5) Special Inspections Costs/Third Party Inspection • Note: Material is Provided for Third Party CVN Verification 6) Bolts, Nuts, Washers, Rods, ETC. 7) Freight / Delivery costs 8) Coefficient of Friction Testing Has Been Omitted! F:\PROPOSALS\2018-PROPOSALS\GOLDEN STATE BRIDGE\Cupertino Bridge—Mary Avenue Bicyle Footbridge\XKT ENGINEERING Proposal Letter—Mary Ave Footbridge Bearing Pin Repair Parts—Golden State Bridge.docx XKT Bid#G18128-1 Page#2 of Clarifications: 1. Interior Stainless Steel Plates are provided as 13 GA, as quoted by our supplier 2. PTFE is "Dimpled for Silicone Grease" 3. f eeffinient of FriGtien Testing is lAGliirinrl 4. Estimated Production time is About 12-16 weeks after receipt of Approved Drawings Terms: Monthly Net 30 days after presentation of invoices, no retention. Note: Steel prices are fluctuating. Our price quote will be adjusted to account for Steel Costs at time of order. Thank you for the opportunity to participate in this project. We look forward to working with you. Regards, Mace, 2e ewek MReeves c XKTEn ineerin .com Office: (707) 562-2500 x122 Mobile: (707) 478-6207 XKT Engineering, Inc. Certifications AISC Quality Certified Fabricator of Steel Building Structures and Major Steel Bridges with Fracture Critical (F) Endorsement Caltrans Audit "R" and "N" Pipe DGS Small Business Enterprise F:\PROPOSALS\2018-PROPOSALS\GOLDEN STATE BRIDGE\Cupertino Bridge-Mary Avenue Bicyle Footbridge\XKT ENGINEERING Proposal Letter_Mary Ave Footbridge Bearing Pin Repair Parts-Golden State Bridge.docx Bond No. 070207626 Premium included in charge for performance bond Payment Bond The City of Cupertino ("City") and Golden State Bridge ("Contractor") have entered into a contract, dated , _ ` _ 20 ("Contract")for work on the Don Burnett Bridge Bearing Pin Repair Project 'roject"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and Liberty Mutual Insurance Company its surety("Surety"), are bound to City as obligee in an amount not less than $95,325.45 under California Civil Code sections 9550, et seq. 2. Surety's Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code section 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 section 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 section 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 sections 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Kevin Fayaud Address: 1340 Treat Blvd. City/State/Zip: Walnut Creek, CA 94597 Phone: 925.979.6708 Fax: Email: kevin.fayaud a,libert mutual .corn 6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Santa Clara County in which the Project is located, 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. Don Burnett Bridge Bearing Pin Repair Project PAYMENT BOND Project No. 2019-108 Page 9 7. Effective Date; Execution. This Bond is entered into and is effective on December 21 20 18 SURETY: Liberty Mutual Insurance Company Business Name s/ ., Virginia " Iack, Ataorney-in-Fact Name/Title (Acknowledgment with Surety's Notary Seal and Surety's Power of Attorney must be attached.) CONTRACTOR: Golden State Bridge, Inc. Business Name s/ — / - David Riccitiello, President Name/Title Name/Title END OF PAYMENT BOND Don Burnett Bridge Bearing Pin Repair Project PAYMENT BOND Project No. 2019-108 Page 10 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco ) On December 21, 2018 before me, Betty L. Tolentino, Notary Public (insert name and title of the officer) personally appeared . Virginia L. Black who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. au;' 'v r�"ala x'„'4rrcao"av,«'mua�:w-' . ��•lw:aw'm?' :,t ,mc��"t anni'�kc B 'FIY L. T LF'i i HNO WITNESS my hand and official seal. �� Cam . # 11, 1 NOTARY PLBLIt CALIFORNIA � µ , SAN 1 RAMNSCO COUNTY . oo k 4y p,c)iierre.FYpir Apr, 12,2021 Signature~ (Seal) TIHI"aS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8134458 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duty organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Susan Hecker;M.Mood Tolentino; Robert Wrixorr K._Zerqunkjn_ III all of the city of San Francisco ,state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as Surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in Pursuance of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 21st day of June 2018 ro .0 ? The Ohio Casualty Insurance Company (n Liberty Mutual Insurance Company 0 19 12 1991 West A,merican Insurance Company .5 By: STATE OF PENNSYLVANIA ss David M.Carey,"Assistant Secretary a ro COUNTY OF MONTGOMERY m 0 :3 0 June 21 st On this day of 2018 ) - - ,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance a) Company, The Ohio Casualty Company, and West American Insurance Company, and that be, as such, being authorized so to do, execute the foregoing instrument for,the purposes >,cn 4) 0 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. rlshr-- E ("D > IN WITNESS WHEREOF,I have hereunto Subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written, 0 CL CS)MMONINEALM Or,PENNSYLVAN11 Q, Nou'vi'al seal Pastoi r rrIotary 6Iuwic By: 0 0) Uppw 1vk,,n,,)nTwp,Montgornecy County 0 i MyCommission Expies March 2s,2021 Teresa Pastella,Notary Public ......................... .................................................. 0 E 0 Membef,P,,finsylani,i Asmw,�,fion of N,Aanefi CL 0 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual U) Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: cu 41) ARTICLE IV-OFFICERS-Section'12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and Subject 0 r- (1) to such limitation as the Chairman or the President may prescribe,shall appoint Such attorneys-in-fact,as may be necessary to act in behalf ofthe Corporation to make,execute,seal >, 0.5 acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,Subject to the limitations set forth in their respective ;a E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the sea]of the Corporation. When so its q) > executed,Such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under 0 M (1) the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting Such power or authority. CU to ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any of of the Company authorized for that purpose in writing by the chairman or the president, 00 C > and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, 0 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their 00 Z respective powers of attorney,shall have full power to bind the Company by their signature and execution of any Such instruments and to attach thereto the seal of the Company. When so 0 0 0 T- executed Such instruments shall be as binding as if signed by the president and attested by the secretary. o Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations, Authorization--By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed, 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 21 s t day of Deceraher _20 18 199 By: Renee C.Llewh7r7�ssistant Secretary 1 536 of 800 Bond No. 070207626 Premium: $998.00 Performance Bond The City of Cupertino ("City") and Golden State Bridge ("Contractor") have entered into a contract, dated., t w.6-' `A 20%ci, ("Contract")for work on the Don Burnett Bridge Bearing Pin Repair Project 'Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, Contractor as Principal and Liberty Mutual Insurance Company its surety("Surety"), are bound to City as obligee for an amount not less than $95,325.45. By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns,jointly and severally, to the provisions of this Bond. 2. Surety's Obligations. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, and Contractor has timely provided a warranty bond as required under the Contract. Surety's obligations under this Bond will become null and void upon City's acceptance of the Project, excluding any exceptions to acceptance, if any. Otherwise Surety's obligation will remain in full force and effect until expiration of the one year warranty period under the Contract. 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 sections 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond, 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 back charges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City that Contractor is in 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: Don Burnett Bridge Bearing Pin Repair Project PERFORMANCE BOND Project No. 2019-108 Page 11 Attn: Kevin Fayaud Address: 1340 Treat Blvd. City/State/Zip: Walnut Creep. CA 94597 Phone: 925.979.6708 Fax: Email tevm.tayau cz i ertymutul.con? 8. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for Santa Clara County in which the Project is located, 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 December 21 120 18. SURETY: Liberty Mutual Insurance Company Business Name Virginia LB ck, Attorney-in-Fact Name/Title[print] (Acknowledgment with Notary Seal for Surety and Surety's Power of Attorney must be attached.) CONTRACTOR: Golden State Bridge, Inc. Bu Haas' a e s/ Zr) David Riccitiello, President Name/Title Name/Title END OF PERFORMANCE BOND Don Burnett Bridge Bearing Pin Repair Project PERFORMANCE BOND Project No. 2019-108 Page 12 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco ) On December21, 2018 before me, Betty L. Tolentino, Notary Public (insert name and title of the officer) personally appeared Virginia L. Black who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �,!„m al"v� tar rci p q� x ,� 'u f� .f...fY f �OLEN CNO WITNESS my hand and official seal. � �" I"9OTARY PUBLK,,- 'ALAI"0RI iNliA r)ANI FRAN(,1 o(',D 0UN1 Y h My Comm,E-7xp4 s Apr, 12,2021 "`epy+-w;,��hdwsw;' Signature � � (Seal) ---—--------..................... T141S POVVER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No, 8134459 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,Constitute and appoint, Susan Hecker;M.Moody;Janet C.Rojo; R.A Bass;Virginia L. Black;Maureen O'Connell;Kevin Re; Betty L.Tolentino;Robert Wrixon;K.Zerounuan all of the city of San Francisco ,state of CA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as Surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 21st day of June 2018 W N The Ohio Casualty Insurance Company Liberty Mutual Insurance Company f, WestAmerican Insurance Company 11)19 a) STATE OF PENNSYLVANIA ss By: 41 6�aviz'.Carey;Assistant Secretary 4S COUNTY OF MONTGOMERY W On this 21 st day June 2018 M O — before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance c) Company,The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes 4- 0 therein contained by signing on behalf of the corporations by himself as a duly authorized officer, LIU III Lr-- E ('D- > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the clay and year first above written. 00- tC P"A�"NV CD �ANN U)MM(tihtVWcANou,).L.TH-91-1 P.E.N.N.S.YIN.A.-NIA <C-) nal'respa Pastella,Notary PuNic By: 0 upp'�i merion Twp.,MQM[.)r0 o 1110.ry County Teresa Pastella,Notary Public My COMmission Expires MarOi 28,2021 0 Writer. y p0' 0 E 0 (D This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual to CD Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: :E 5 41 ro (r ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject '105 to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute seal >, 0 acknowledge and deliver as Surety any and all undertakings,bonds,recognizances and other surety obligations, Such attorneys-in-fact,subject to the limitations setforth in their respective E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any Such instruments and to attach thereto the seal of the Corporation. When so executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under > >t cc L. 4)Q the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority, — U 0 ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, 00 > (1) and subject to such limitations as the chairman or the president may prescribe,shall appoint Such attorneys-in-fact,as may be necessary to act in behaffofthe Company to make,execute A 4� &_ ' =M 0 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their ZU respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 CD U V- executed Such instruments shall be as binding as if signed by the president and attested by the secretary, 0 Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other Surety obligations, Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with Surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 21 s t day of December 2018 J Z 19 ) '1 12 Renee C.Llew�lr llsistant Secretary 9 By:1 537 of 800 LMS--12873 022017 | � General Conditions Article 1 —Definitions Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated. 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 Conditiuno, 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 City of Cupertino, 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 tothe amount ofFinal Payment. Contract means the signed agreement between City and Contractor. 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 Award and Notice to Proceed; the payment, performance and warranty bonds; the General Conditions; the Special Conditions; the Project Drawings and Specifications; any Change Orders; and any other documents expressly made part of the Contract Documents. Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as amended by Change Order or adjusted for an Allowance. The Contract Price ie not subject to adjustment due to inflation or due tothe 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 ao may be amended by Change Order. Contractor means the individual, partnership, corporation, or joint-venture that has signed the Contract with City tm perform the Work. Day means a calendar day unless otherwise specified, Design Professional means the licensed individual(s)or firm(s) retained by City to provide architectural or engineering 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. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2U1Q'108 Poge13 OUR means the California Department of Industrial Relations. Drawings means the City-provided plans and graphical depictions of the Projectrequirements, and does not include Shop Drawings. Engineer means the City Engineer for the City of Cupertino and his or her authorized delegees. / | 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 o substantially � differing and unforeseeable condition. | Final Completion means Contractor has fully completed all of the Work required by the Contract � Documents tothe Cdy'a satisfaction, including all punch list dema, and any required / commissioning o/trainingandhaaprovidadiheCityvv�hmDrequinsdaubm�a|aino|udingthe / . . � warranty bond, 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, |aoa amounts withheld pursuant tothe Contract Documents, including liquidated damages, up to 125%of the amount of any unreleased stop notice, amounts subject to setoff, up to 15096 of any unresolved third-party claim for which Contractor is required to � � indemnify City, and up to 150% of any amount in dispute as authorized by Public Contract Code � uecion71O7. Furnish means to purchase and deliver for the Project. Hazardous Materials means any substance or material identified now or in the futureoe hazardous under any federal, state, or local law or regulation, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal, orcleanup. 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 applicable codes, regu|mtiono, and permits. Install means to fix in place for materials, and to fix in place and connect for equipment. Plans has the same meaning aaDrawings. 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. |fno Project Manager has been designated for this Project, any reference toProject Manager ia deemed to refer to the Engineer. � Request for Information or RF1 means Contractor's written request for information submitted to City, in the manner and format specified by City, about the Contract Documents, the Work or the Project. Section as used in these General Conditiona, means o numbered Section of the General Conddione, unless otherwise indicated by the context, e.g., statutory references. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 281Q-1OO Page14 � � � � � � Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of Contnaobor, and subject to City acceptanoe, which are intended to provide details for � fabricetion, inoteUation, and the |ike, of items required byorshown in the Drawings and Specifications. Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and not by the Contractor. Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into this Project by or on behalf ofCity, and does not include the Contract, General Conditions or Special Conditions. Subcontractor means an individual, partnarahip, nnrporetinn, or joint-venture retained by Contractor directly or indirectly through a subcontract to perform e specific portion of the Work. The term Subcontractor applies to auboontnentoro, oupp|iero, fabricatora, and equipment lessors of all tiers, unless otherwise indicated by the context. Technical Specifications means 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 Dey, whether or not oapita|izmd, means o weekday when the City is open for business, and does not include holidays observed by the City or furlough days when City staff is unavailable. If holiday falls on o Saturduy, the preceding Friday will be the holiday. If holiday falls ono Sunday, the following Monday will ba the holiday. Holidays observed by the City and furlough days are: a New Year's Day, January 1; b Martin Luther King Jr.'m Birthdoy, third Monday in Janua/y� c Lincoln's Birthday, February 12; d Presidents' Day, third Monday inFebruary; e. kAemorie| Day last Monday inMay, f Independence Day, Ju|y4� U. Labor Day, first Mondlly in September, h, Veterans' Day, November11; i Thanksgiving Oey, as designated by the P�esideitl i The Day following Thanksgiving Oay� k Chrietmom Day, December 25� i City C10mure. Deoamber24. 26. 27.28.28.3O and 31� and m, Each day appointed by the Governor ofCalifornia and formally recognized by the Ganba Clara County Board of Supemiou/e as a day of mourning, ihanksgiving, o/ special observance Vorksde means the place or places where the Work is pedonned, which inc|udea, but may extend beyond the Project site, including separate locations for staging or fabrication. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019'108 Page 15 � | / 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) Design Professional. The Design Professional ie 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 Contract Documents. The Design Professional's interpretation of the Drawings or Specifications is final and conclusive. 2.2 Contractor. (A) General. Contractor must provide all |abor, materia|a, supplies equipment and services and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economic and efficient manner in the beat interests of City, and with minimal inconvenience tothe public. (B) Responsibility for the Work and Risk ofLoss. Contractor io 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, and coordination of all portions of the Work with that of all other contractors and 6uboontnactore, except tothe 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 the Worksite, by any cause including fire, earthquake, wind, weather, vandalism ortheft. (C) Project Administration. Contractor must provide sufficient and competent odminieLnotion, atoff, 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 ofthe 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. 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 Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 201Q'1OO Page1S | | � | � and with no extension of Contract Time, until the approved superintendent isphysically present to supervise the Work. Contractor must provide written notice to City, as soon as pnacioab|e, before replacing the superintendent. � (E) Standards; Compliance. Contractor muei, 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 all applicable laws, regulations, codes, standards, and permits, including City'o municipal code, /u|ea, and regu|ediona, and any orders of the administrative orjudicial bodies with jurisdiction over the Work. (F) Meetings. Contnyohor, he aupehntendent, and its major Subcontractors and suppliers will be required to attend a Preconstruction Conference before beginning Work on the Project, and will also be required to attend regular progress meetings, as further specified below. City will notify Contractor in advance of the date, time, place and required attendees for the Preconstruction Conference and progress meetings and will provide and administer the agenda. Contractor is responsible for notifying its major Subcontractors and suppliers, and other required attendees, as applicable, of the date, time and place for the Preconstruction Conference and progress meetings; for providing them with the City'oagenda; and for requiring their attendance at these meetings. (1) Preconstruction Conference. The Preconstruction Conference agenda items may include ochedu|es, personnel and vehicle permit prooedunaa, use of the premises, locations for staging onea(a) and jobaite trailers, security, housekeeping, submittal and RF| procedures, Project forms and procedures, inspection and testing proceduraa, utility shutdown pnzcedunao, control and reference point procedures, injury and illness prevention pmgram. Contractor's schedule of values, Contractor's schedule of submittals, and such other matters that the City deems necessary to address before the Work begins. (2) Progress Meetings. During the course of the Project, progress meetings will be conducted on a weekly basis by the City and at Contractor's on-site office, unless otherwise specified. Progress meeting agenda items may include review of past meeting minutes, review of Work in progress since previous progress meeting, schedule status and updates, status of submittals or change orders, worker safety, and other such matters pertaining to the progress of the Work. (G) Responsible Party. Contractor io 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. (H) Correction ofDefects. 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, materia|o, parts or equipment. VVorkmanahip, materials or equipment that do not conform to the requirements under the Drawings, 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. However. City may elect(o retain defective Work, and deduct the difference in ve|ue, as determined by the Engineer, from payments otherwise due toContractor. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O19-1U8 Pago17 / � � / / (|) Contractor's Records. Contractor must maintain all uf its records relating tothe Project in any form, including paper documents, photos, videos and electronic records. Project records subject hothis provision inc|ude, but are not limited to. Project cost � records and records relating to preparation of Contractor's bid. (1) Contractor's cost records must include all supporting documentation, � including original nsceipto, invoiceo, and payroll records, evidencing its direct costs to perform the Work, incuding, but not limited to, coots for labor, materials and equipment. Each cost record should inc|ude, at minimum, o description nf 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 Dvder, or otherwise categorized by Contractor oo Extra Work. Contractor's failure to comply with this provision as to any claimed coat operates as a waiver ofany rights to recover the claimed cost. (2) Contractor must continue io maintain its Project records in an organized manner for o period of four years after City'e acceptance uf the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor. City is entitled to inspect oraudit any of Contractor's Project naoovde relating to the Project orto investigate Contractor's plant or equipment during Contractor's normal business hours. (J) Copies of Contract Documents. Contractor and its Subcontractors must keep copies, at the Project site, uf the Work-related dooumento, including the Contract, permit(o). Drawings, Specifications,Addenda, Contract amendments, Change Orders, RF|eand RF| responses, Shop Dnawings, and any related written interpretations. The Contract Ooouments, as-built drawings, and all VVorkeitecopies must be available to City for reference st all times. 2.3 Subcontractors. (4) Genera/ All Work which ia not performed by Contractor with its own forces must be performed bySubcontractors. City reserves the right to approve nr 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 (B) Contractual Obligations. Contractor must require every Subcontractor tobe bound to the provisions of the Contract Documents as they apply to the Subcontractor's portion(s)of the Work, and to likewise bind their subcontractors or suppliers. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City in deemed tobea third-party beneficiary nf the contract between Contractor and each Subcontractor. (C) Tenn/nation. |f the Contract io terminated, each Subcontractor's agreement must be assigned by Contractor to City, subject to the prior rights of any surety, but only if City accepts the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement. (D) Substitution nfSubcontractor. |f Contractor requests substitution ofelisted Subcontractor under Public Contract Code section 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct ahearing. 2.4 Coordination ofWork. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019'108 Page 18 (A) Concurrent Work. City reserves the right to perform ortohave performed other work onor adjacent to the Project site while the Work io being performed. 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 hind*ring, delaying, or interfering with the work of other contractors and subcontractors. 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 avoidob|e, neg|igent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor orsubcontractor. (B) Defects. Before proceeding with any portion of the Work affected bythe 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 defects will bedeemed acknowledgement by Contractor that the work of others is not defective and will not prevent the proper execution of the Work. 2.5 Submittals. Unless otherwise apeoified. Contractor must submit tothe Engineer for review and acceptance of 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 in the Special Conditions or elsewhere in the Contract Documents. Unless otherwise specified, all submittals should be transmitted electronically using standard commercial software programs. (A) General. Contractor is responsible for ensuring that its submittals are complete, legible, accurate and conform to the Contract Documents. Incomplete orillegible submittals will be rejected and returned for resubmission. Contractor must use the applicable forms provided or specified for use by the City, including the Project Forme provided with the Contract Documents, and forms provided by City at the pre- construction conference. (B) Time and Manner ofSubmission. 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 Douumento, orifnntime is opeoified, 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(o). (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. If a submittal remains non-compliant after being re-submitted for a second time, City may back-charge Contractor for all further review time and additional administrative costs. For City employees the hourly amount charged will be 2.5 times the employee's direct hourly payroll cost to the City. For conou|tanto, the amount charged will be 1.25 times the amount billed to the City for additional review and administrative time. (E) Effect of Review and Acceptance. Review and acceptance ofa submittal by City will not relieve Contractor from complying with the requirements of the Contract Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O10-1O8 Paga1Q Documents. Contractor ie 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 pedbnnad or any material furnimhed, inateUed, 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) Exoens/veRFIm ARequoatfor |nfomnation (RH)vviUbeconaidenedexoeaaive � . � or unnecessary if City determines that the explanation or response hothe RF| is o|eody 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 Contnector, on the same basis an excessive submittal revimw, under subsection (D) (Required Coneotiono). | 2.6 Shop Drawings. When Shop Drawings are required by the Specifications orrequested � 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 | details. Unless otherwise specified by City, Shop Drawings must be provided tothe 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 byCity. 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 ofContractor's responsibility. Article -ContnactDooummente � 3.1 Interpretation of Contract Documents. � � (4) Drawings and Specifications. The Drawings and Specifications included inthe Contract Documents are complementary. |f Work io 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 Drawings and Specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned orshown. 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 Drawings and Specifications, the Specifications will control. Detailed Drawings take precedence over general Drawings, � and large scale Drawings take precedence over smaller scale Drawings. Any arrangement or division of the Drawings and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Drawings or Specifications is only a recommendation. Actual locations and depths must bmdetermined by Contractor's field investigation. Contractor may request access to underlying or background information in City's possession that is � necessary for Contractor ho form its own conclusions. (B) Duty bm Notify and Seek Direction. |f Contractor becomes aware ofachanged � condition in the Project, or of any ambiguity, conflict, inconsistency, discrepancy, � Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 201Q'188 Page 20 � � omission, or error in the Contract Documents, including Linder the Drawings or Specifioohons. Contractor must immediately submit Request for Information tothe 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. |f Contractor proceeds with the related Work before obtaining City'a response, Contractor will be responsible for any naou|dng ooate, including the cost of correcting any incorrect or defective Work that results. City will not extend the Contract Time duo to Contractor's failure to submit atime|y RF| to the Engineer. (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 meoningo, unless otherwise specifically defined in the Contract Documents. (E) Measurements. Contractor must verify all relevant measurements etthe Worksite before ordering any material or performing any Work, and will be responsible for the correctness of those measurements. (F) Limitations. Any arrangement or division of the Drawings and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Drawings or Specifications io only e recommendation. Actual locations and depths must be determined by Contractor's field investigation. Contractor may request access tounderlying or background information in City's possession that is necessary for Contractor to form its own conclusions. 3.2 Order ofPrecedence. Information included in one Contract Document but not in another will not ba considered o conflict orinconsistency. Unless otherwise specified in the Special Conditions, in case of any conflict or inconsistency among the Contract Documento, the following order of precedence will app|y, beginning from highest to lowest: (4) Change Orders; (B) Addenda; (C) Contract; (C) Notice toProceed; (E) Notice ofAward; (F) Special Conditions; (G) General Conditions; (H) Payment, Performance and Warranty Bonds; (|) Specifications; (J) Drawings; (K) Contractor's Bid Proposal and attachments; (U Notice Inviting Bids; (N) Instructions toBidders; (N) The City ofCupertim/a Standard Details; and (]) Any documents prepared by and on behalf ofa third party,that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Ca|tnano 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 Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019'108 PaQe21 | � � 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 Ca|tnane Standard Specifications, i.e., sections 1 through Q. do not apply tothese Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract � Documents. (B) Conflicts orInconsistencies. |f there iam conflict or inconsistency between any provision in the Ca|trano 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 Ca|tnsno Standard Specifications orSpecial Provisions are to be interpreted as follows: (1) Any reference to the''Engin*er^ io deemed to mean the City Engineer. (2) Any reference to the"Special Provisiona'' io 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 Lo the''Deportmont^ or''State" ie deemed tomean City. 3.4 For Reference Only. Contractor ie 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 io advised that City orits 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 tostandard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code orregulation in effect ot the time the Contract is signed. 3.6 Conformed Copies. If City prepares a conformed set of the Contract Documents following award of the Contract, it will provide Contractor with a copy of the electronic file in PDFformai It is Contractor's responsibility to ensure that all Subcontroctom, including fabricators, are provided with the conformed set of the Contract Documents at Contractor's sole expense. Article 4- Bonds, Indemnity, and Insurance 4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of 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, using the bond forms included with the Contract Documents, Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1Q'1U8 Poge22 � � � � � (A) Surety. Each bond must be issued bya surety admitted in California, and the surety must have a financial rating from A.M. Best Company of A-, class 7 or better, or as otherwise acceptable to the City. |fan issuing surety cancels the bond orbecomes 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/n Contract Price. K 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 |am. Contractor must indemnify, defend, and hold harmless City. its Counoi|, officaro, ufficio|m' emp|oyeee, agente, 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, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal foaa, and fees and costs of litigation or arbitration) (collectively, "Liability") of every nature arising out ofor|n 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 |ndemnitem. 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 Controot, as required by Public Contract Code section 9201. Contractor's indemnity obligations under this Contract will survive the expiration or any early termination of the Contract. 4.3 Insurance. Contractor shall procure and maintain for the duration of the contract, and for five years following the completion uf the Project, insurance against claims for injuries topersons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contnaotor, its agente, repnaaentetiveo, employees or subcontractors. K8|N|01UK0 SCOPE AND L|K0|T OF INSURANCE Coverage shall beat least aa broad as: l. Commercial General Liability (CGL): Insurance Services Office (|S0) Form CGOUU1 covering CGIL on an"occurrence"basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor's or SUbcontractor's acts or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations, with limits of at least $2,000'000 per occurrence. The CGL policy must protect against any and all liability/hrpecaona/injury death, property damage or destruction, and personal and advertising injury. If general aggregate limit app|ioe, either the general aggregate limit eho|| apply separately tothis project/location (ISO CG 25 03 or25 04) or the general aggregate limit shall be $4.000,000 which is twice the required occurrence limit. a. It nheU be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1S-1OO Page23 � � � ! � � end/or Umbe shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or 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'a insurance/self-insurance, and shall beet least eo broad aa ISO CQ2OO1 0413 o. 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 ahuU also apply on o primary and non- contributory basis for the benefit of City before the City'e own insurance or self- insurance shall be called upon to protect City as a named insured. 2 Automobile Liability: ISO Form CA 00 01 covering any auto(Code 1), or if Contractor has no owned autos,then hired autos(Code 8)and non-owned autos(Code 9),with limit no less than$2.00O'OOO per accident for bodily injury and property damage. 3. Workers'Compensation: As required by the State of California, with Statutory Limito, and Employer's Liability Insurance of no less than$1,000,000 per accident for bodily injury or dioemae, or as otherwise required by statute. If Contractor is oe|Anmured. Contractor must provide a Certificate of Permission toSe|#naure. duly authorized by the D|R. [] N/A if box checked (Contractor provides s4qned written verification it has no employees). 4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2.000.000aggnegabe. X N/A if box checked (Contract is not doaigplbu&d). 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. 23 N/A if box checked (Project does not involve construction or impnovemenhvnoby&e0onatopuoped}). 0. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Z N/A if box checked (Project does not involve environmental hezuuds). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or higher limits maintained by Contractor.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. City reserves the right to modify these insurance requirements based on Contractor's prior experiennm, insuver, coverage, and considering the nature of the risk involved in the work and other circumstances. Contractor should discuss these requirements with its insurer and the designated Public Works Agency representative. Self-insured Retentions. Self-insured retentions must be deo|onad to and approved by City. At Oty'e option. either :(1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, offinia|n, emp|oye*e, and volunteers; or Contractor Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1S4O8 Poge24 | | | i � � ' 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 ae|Anounad 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 Counoi|, officera, officio|a, emp|oyeea, egenta, 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 materia|o, parta, or equipment furnished, Endorsement of CGL coverage shall be at least as broad as ISO Form CG 201011 O5orif not available, through the addition of both CG2U1U. CG2O2S. CG2O33. o/ CG 20 38; and CG 20 37 if later edition is used. Primary Coverage For any claims related tothis Prcject. Contractor's insurance coverage shall be "primary and non-contributory"and at least as broad as ISO CG 20 0104 13 with respect to City, its off icers, offioia|a, employees and vo|unteera, and shall not seek contribution from City'a 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 ono"primary and non-oontributory'' basis for the benefit ofCity. Notice ofCancellation 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 bythe policy is in force and will not be reduced,cancelled or allowed to expire without at least 30 days advance written notice to City, un|aaa due to non-payment ofpremiums, 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 m loss payee, as its interest may appear. Policy limits muo/be per occurrence and for all-risk oow*raAo on e YDO% 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 now or major reconstruction, City may elect /n 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 /o, any building, uhnob/ne, /neoh/ne(y or equipment damaged, impaired, broken, or destroyed during the ponhnnannn of the Work, including during transit, installation, and testing e/the City'a site. Waiver nfSubrogation 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 emp|uyeeo, agents and subcontractors. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019-108 PaQo25 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"VII"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. Claims Made Policies If any coverage required is written on a claims-made coverage form: 1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five(5) years after completion of contract work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. 4.A copy of the claims reporting requirements must be submitted to the Entity for review. 5. If the services involve lead-based paint or asbestos identification/remediation,the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation,the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. 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) Notice to Proceed. 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. The Notice to Proceed will not be issued until Contractor has executed and returned the Contract, the required bonds, insurance certificates and endorsements and any other submittals required prior to issuance of the Notice to Proceed, subject to City's approval of all such documents. Contractor may not begin performing Work on the Project Site before the date authorized in the Notice to Proceed. After receiving the Notice to Proceed, Contractor must notify the City in writing of the date Contractor intends to begin Work on the Project, at least 24 hours in advance of beginning the Work. 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 that must be provided or performed before issuance of the Notice to Proceed. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019-108 Page 26 � � (B) Rate o/Progress. Contractor and its Subcontractors must, sd 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 sufficient rate of progress, City may, in its sole discretion, direct Contractor to provide additional workers, mehyrio|a, or equipment, orbowork additional hours or days without additional cost to City, in order to achieve a rate ofprogress satisfactory to City. |f Contractor fails ho comply with City'odinective in this regard. City may, at Contractor's expeneo, separately contract for additional vvorkera, materials, or equipment oruse City'o own forces to achieve the necessary rate of progress. A|ternativo|y. City may terminate the Contract based on Contractor's default. 5.2 Schedule Requirements. Contractor must prepare all schedules using standard 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 bo|ow. Contractor must also comply with any scheduling requirements included in the Special Conditions or in the Technical Specifications. (A) Baseline(As-Planned) Schedule. Within tan calendar days following City'a issuance of the Notice to Proceed (or as otherwise specified in the Special Conditions), 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 |obor, 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 work of all trades, reflecting anticipated labor orcrew 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 doted, provided in the format specified in the Contract Documents or as required by City, and must include, at minimum, o 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\sReview/mfSchedu/es. City will review and may note exceptions tothe baseline schedule, and tn the progress schedules submitted as required be|ow, to assure completion of the Work within the Contract Time. Contractor is solely responsible for resolving any exceptions noted in a schedule and must, within seven days, correct the schedule to address them. (C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, Contractor must submit an updated progress schedule and three-week look- ahead schedule, in the format specified by City, for review and acceptance with each application fora progress poyment, 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 tothe 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 orpotential 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. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O194O8 Page27 � � (1) Float, The progress schedule must show early and late completion dates for each task. The number nf days between those dates will bo designated anthe "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. Re|ieNe, up4o-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 Sedion, or submits a schedule towhich City has noted exceptions that are not corrected, City may withhold upto ten percent from poymant(a) otherwise due ho 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 52wiU be deemed a waiver of any claims for Excusable Delay or loss of productivity arising when Contractor is out ofcompliance, subject only tothe limits of Public Contract Code mection71O2. (D) Recovery Schedule. |f City determines that the Work ia 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. (E) Effect ofAcceptance. 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 ot all times maintain a copy of the most current City- accepted progreaoorreooveryaoh*du|epoetedprnminent|yindaon-eKeoffiue. (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 ofDelay. \f 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. (8) Excusable Delay. The Contract Time may be extended if Contractor encounters "Excusable Delay," which is on unavoidable delay in completing the Work within the Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O10408 Page28 � � 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. 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. ! (C) Non-Excusable Delay. Delay which Contractor could have avoided ormitigated through reasonable care, p|anning, foresight and diligence ia ''Non'Exouaob|aOe|ay.^ Contractor ia not entitled toon extension of Contract Time or any compensation for Non- Excusable Da|ey. VrfmrExouaab|eDe|oythoti000nourrentwithNon'Exouaab|eDe|oy. Non-Excusable Delay includes delay caused by: (1) weather conditions which are normal for the location of the Project, ao determined by na|iab|a rauordo, including monthly rainfall overageo, for the preceding ten years; (2) Contractor's failure to order equipment and materials sufficiently in advance of the time needed for timely completion of the Work; (3) Contractor's failure to provide adequate notification to utility companies or agencies for connections or services necessary for the timely performance and completion of the Work; (4) foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the VVorkaitaor review of the Contract Documents or other information provided or available to Contractor; or (G) Contractor's financial inability to perform the Work, including insufficient funds to pay its Subcontractors orsuppliers. (D) Cn/npenaob/eDe/ey. Pursuant to Public Contract Code section 71O2. 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 (^Compensab|eDe|oy^). (E) Concurrent Delay. Contractor io not entitled toan extension of Contract Time or recovery of costs for any Compensable Delay that is concurrent with Non-Excusable Delay. (F) Weather Delay. A"Weather Delay Day" iea Working Day during which Contractor and its forces, including Subcontraotoro, are unable to perform more than 4096 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 Worksite cleanup required due to adverse weather. Determination of what constitutes critical path Work scheduled for that day will be based on the most current, City-approved schedule. (1) Based on historic records for the Project location from the Western Regional Climate Canter. Contractor's schedule should assume the following number of normal Weather Delay Days and precipitation for each month: Month #Normal Weather Precipitation Delay Days Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019'108 Page 29 � � � January 6 2.86 February G 2.66 March G 2.29 April 3 1.20 May 1 0.44 June O O]O July U 8.02 � August 0 0.07 September 1 0.19 October 2 0.76 November 4 1.51 Total 34 14.53 (2) Contractor will bo entitled toenon-compenaab|e extension ofthe Contract Time for each Weather Delay Day in excess of the normal Weather Delay Days within a given month, as set forth in Section 5.3fl(l) above, subject to the following limitations: a. Contractor must fully comply with the applicable procedures in Article 5 and Gof these General Conditions regarding requests tomodify the Contract Time. b. Normal Weather Delay Days which do not occur during agiven month do not carry over to another month. C. Contractor will not be entitled toon extension of time for o Weather Delay Day tothe extent Contractor is responsible for concurrent delay on that day. (G) Recoverable Costs. Contractor io 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. (H) Request for Extension of Contract Time or Recoverable Costs.A request for an extension of Contract Time or any associated Recoverable Costs must be 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 orto the Recoverable Costs will be deemed waived. |n 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 Gbelow. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated ao soon oo possible, and to facilitate cost- efficient adminiotrationofthePnojeutondtime|ypedbrmonceoftheVVork. Anyrequeatfor on extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article S and Article G will be deemed waived. (1) Required Contents. The request must include a detailed description ofthe 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 cf the delay, such oeby workforce management orbye change in Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019'1O8 Pege3O sequencing. K the delay is still ongoing at the time the request ie submitted, the request should also include Contractor's plan for continued mitigation ofthe delay or its effects. (2) Delay Days and Costs. The request must specify the number of days uf Excusable Delay claimed, or provide a realistic estimate if the duration of the delay io not yet known. |f Contractor believes iiia 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 io 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 io known. The maximum extension of Contract Time will be the number of days, if any, by which on Excusable Delay oraCompenaab|e 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 tothe extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary tu evidence the delay and its actual impouta, including scheduling and cost impacts with ahme impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must ba submitted ina form orformat acceptable hoCity. (4) Burden ofProof Contractor has the burden of proving that: the delay was on Excusable orCompenaab|a Delay, aa defined above; 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, nr limitation ofthe applicability of Public Contract Code section 7102. (G) No Waiver Any grant of an extension of Contract Time, or compensation for Recoverable Costs due to Compensable Delay, will not operate as a waiver of City'e right to assess liquidated damages for Non-Excusable Delay. (7) Dispute Resolution. |n the event ofe dispute over entitlement hoan extension of Contract Time orcompensation for Recoverable Costs, Contractor may not stop working 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 ioto comply with the Dispute Resolution provisions set forth in Article 12 below. 5.4 Liquidated Damages. |tie expressly understood that if Final Completion ia 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 section 72O3. 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. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O19-1U8 Page31 (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 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, or for defective materials or workmanship. Article 6-Contract Modification 6.1 Contract Modification and Changes in Work. Modifications to the Contract are valid and legally binding only if duly authorized by a written and signed Change Order. City may also make changes in the Work without invalidating the Contract. City may direct changes in the Work, which may include Extra Work as set forth in subsection (B) below, deletion or modification of portions of the Work, or other modifications determined by City, acting in its sole discretion, to be in City's best interest. Pursuant to section 3.23.170 of the Cupertino Municipal Code, City reserves the right to delete up to 25%of the Work. Any change in the Work,whether directed by City or pursuant to Contractor's request for a Change Order under Section 6.2 below, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, which may include commensurate changes in the Contract Price or Contract Time as applicable. 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 pursuant to Public Contract Code section 7101 based on cost reduction changes or"value engineering," unless otherwise specified in the Special Conditions, or unless expressly authorizing in advance in writing by City. (A) 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. 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 Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019-108 Page 32 � � � dispute, as directed by City. 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. (B) Extra Work. City may direct Contractor to pedbmn Extra Work ra|ohad to the Project, Contractor must promptly perform any Extra Work ao directed or authorized by City in accordance with the original Contract Oocumento, even if Contractor and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra Work. Contractor must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost ofthe 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 ooats, together with copies of certified payvo||, invoiceo, 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 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. (C) Remedy for Non-Compliance. Contractor's failure to promptly comply with a City-directed change is deemed a material breach of the Contxect, and in addition to all other remedies available to it. City may, at its sole dieuretion, 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 request or proposal for a change in the Work, compensation for Extra Work, or a change in the Contract Price or Contract Time aaa written Change Order request orproposal. (A) Time for Submission. Any request for a change in the Contract Price orthe Contract Time must be submitted in writing to the Engineer within ten calendar days of the date that Contractor first encounters the oiroumetanoea, 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'o requeot, in oform satisfactory tothe Engineer. (B) Required Contents. Any Change Order request or proposal submitted by Contractor must include a complete breakdown of actual or estimated costs and credito, 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 annn am the actual amount ioknown. (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. (D) Required Form. Contractor must use City'aform(a)for submitting all Change Order requests orproposals, unless otherwise specified by City. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1Q-1O8 Page33 (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 � ahah*mmnta end representations in this Change Order request are true � correct. Contractor warrants that this Change Order request iecomprehensive | and complete aato the Work or changes referenced herein, and agrees that any | costs, expenses, ur time extension request not included herein iodeemed � waived. Contractor understands that submission of claims which have nobasis in fact or which Contractor knows to be false may violate the False Claims Act, | oo set forth in Government Code sections 12650otseq.^ 6.3 Adjustments bo Contract Price. The amount of any increase or decrease inthe Contract iUbeda�'determined based eofthefollowingmethods, but the order ontra �evv rm aoe nm o. u eo er � provided with unit pricing taking precedence over the other methods: � (A) Unit Pricing. Amounts previously provided by Contractor in the form ofunit | prices, either in a bid schedule or schedule of values, will apply if unit pricing has � previously been provided in Contractor's accepted bid schedule or schedule of values for � the affected Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation. (B) Lump Sum. A mutually agreed upon lump mum for the affected Work with no additional markup for overhead, profit, or other indirect costs. (C) Time and Materials. Dna time and materials basis, including allowed markup for overhead, profit, and all other indirect costs, and which may include a not-to-exceed limit, calculated aa the total of the following sums: (1) All direct labor costs plus 159& markup; (2) All direct material coats, including sales tax, plus 15% markup; (3) All direct plant and equipment rental costs, plus 15Y6markup; (4) All direct subcontract costs plus ten percent markup; and � (6) Increased bond or insurance premium costs computed sd1.5%of total ofthe previous four sums. 6.4 Unilateral Change Order. |f the parties dispute the terms ofa 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 amount of compensation or added 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 toArticle 12. below. 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. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS � Project No. 2U1Q'108 Pogo34 � | � Article 7 'General Construction Provisions 7.1 Permits and Taxes. (4) General. Contractor must obtain and pay for all permits, fees, orlicenses required to perform the Work, except that if a City building permit is required, no fee will be charged. 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 notices, permits, licenses, and renewals required for the Work. (B) Federal Excise Tax. 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, et Contractor's sole expense, any and all temporary facilities for the Pnojeci, including on onaitn staging area for material and equipment, afield offioe, sanitary facilities, ud|ibes, atonage, aceffo|do, barrioadae, 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 toinstallation. (A) Standards. Temporary facilities must be safe and adequate for the intended use, and installed and maintained in accordance with all applicable federal, state, and |mma| |awo, codee, and regulations. (B) Screening. Contractor must fence and screen the Project site and staging area, and its operation must minimize inconvenience to neighboring properties and be approved by the City. (C) Utilities. Contractor must install and maintain the |ight, povvar, water and all other utilities required for the Project site, including the piping, wiring, lamps and related equipment necessary to perform the Work. (D) 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'e 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. (E) Additional Requirements.Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. 7.3 Noninterference and Additional Work Areas. Contractor must avoid interfering with City'o use of its property at or adjacent tothe Project site, including use of roadways, entrancen, parking oreaa, wa|kwoya, and structures. Contractor must also minimize disruption uf 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 an needed. Before blocking ooneoe to e private driveway or parking lot, Contractor must notify the affected parties of the pending closure and allow them to remove vehicles. Private drivewaya, residences and parking lots must have access toa roadway during non-Work hours. (A) OftsdnAc4u/sdion. Unless otherwise provided by City, Contractor must acquire, use and dispose of, at its sole expense, any additional Work areas, easements, and temporary facilities necessary tp access and perform the Work. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1Q-1OO Pago35 (B) Dffsite Staging Area and Field Office. K 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 |iabi|ity inafnrmacceptob|mtotheCityA#orney. . � 7.4 Signs. No signs may b*displayed onor about Cit/e property, except eignage which ia � required by law orby the Contract Documents, without Cit/a prior written approval eahz � size, design, and location. � 7.6 VVorkako and Nearby Property Protections. (4) General. Contractor io responsible at all times, ona24-hour basis and ad its sole cost, for protecting the Work, the Project site, and the materials and equipment toba incorporated into the Work, until the notice of completion has been recorded. Except as specifically authorized by City, Contractor must confine its operations to the area of the ' Project site indicated in the Drawings. Contractor is liable for any damage caused by Contractor or its Subcontractors to the Work, City'o proporty, the property of adjacent or nearby property owners, and the work or personal property of other contractors working for City. In addition, Contractor is responsible for damage caused by its failure to adequately secure the Work or any VVorkeite. (1) Subject to City's approval, Contractor will provide and install safeguards to protect the Work, the Project site, City's real or personal property, and the real or personal property of adjacent or nearby property owners. (2) Cupertino Sanitary District and the City of Sunnyvale own and operate wastewater systems within Cupertino and they may not be interrupted. If the Work disrupts existing sewer facilities, Contractor must immediately notify City to determine who owns the system and establish a plan, subject to the systems owner's approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches orbecovered bybookfiU. (3) Contractor must remove with due care, and store atCit/a request, any objects or material from the Project site that City will salvage or reuse atanother location. (4) |f directed by Engineer, Contractor must promptly repair or replace any property damage, ao specified by the Engineer. However, acting in its sole 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 toContractor. (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 houra, except as may be provided in the Contract Documents or pursuant to prior written authorization from City. � Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1Q-1O8 Page8G � | � | � � (C) Unforeseen Conditions. U Contractor encounters faoi|itiea, udi|biea, or other unknown conditions not shown on or reasonably inferable from the Drawings or apparent from inspection of the Project site, Contractor must immediately notify the City and promptly submit a Request for Information to 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 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 ae may bo required bylaw. 7.6 01etehm|s and Equipment. (A) General. Unless otherwise opeoifiad, 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 speoified, 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 orinstructions. Contractor ia 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 below. Contractor will not ooaiQn, ee||, mortgaga, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered. (0) 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, etorage, and installation in accordance with the Contract Documents. Contractor must promptly notify City of any defects discovered in City-provided materials or equipment. 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) Existing City Equipment. Contractor will carefully remove all existing equipment from the VVorkoito. |f the City specifies or indicates that equipment iotobe salvaged and reused or to remain the property of City then the Contractor will reuse or return the equipment tothe City. Contractor will store and protect salvaged equipment specified tube reused in the Work. Contractor will delivery to the City in good condition the equipment that is to remain City property but not be nauoad in the Work. (1) |fon item specified tobe salvaged ie damaged during its removal, storage, or handling through carelessness or improper procedures, then Contractor will replace that equipment in kind or with a new item. For those items specified to be salvaged Contractor may choose to instead furnish and install new equipment, in which case the original, removed items will become Contractor's property. Existing materials and equipment removed by Contractor will only be reused in the Work ifoo specified or indicated by the City. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1Q-108 Page37 (D) Intellectual Property Rights. Contractor must, oi 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, (E) Certificate ofCompliance. When a Certificate of Compliance im specified, orfor any material or item ("material") produced or assembled outside of the United States, Contractor must submit Certificate ofCompliance before incorporating that material into � the Project. A Certificate of Compliance must be submitted for each lot of material delivered to the Project site, and in a form acceptable to the Engineer, identifying the � � mahahu|, he oource, and the lot. Each Certificate of Compliance must be signed by the mahahm| producer stating that the material fully complies with the applicable requirements of the Specifications. Submission of a Certificate of Compliance will not limit Contractor's continuing obligation to use only materials that conform with the requirements of the � Contract Documents. Any materials furnished pursuant to e Certificate ofCompliance / may be inspected or tested at any time by City, subject to the inspection and testing � provisions of Article 7, and defective or non-conforming material may be rejected at any � time, even if already installed. | (F) Site Materials. Except na otherwise specified, City retains full ownership ofand all rights to use any water, soil, otona, grave[ oend, minerals or other materials ("Site . Materials") on City property, including the Project site, and including any site materials that have been extreched, excovoted, or otherwise affected or made accessible by performance of the Work. However, City, acting in its sole discretion, may provide written authorization in the Specifications orina Change Order for Contractor tm make use ofor incorporate specified Site Materials in the Work. 7.7 Substitutions. (A) "Or Equai" Any Specification designating e material, product, o/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 nrservice. (B) Request for Substitution. A request for substitution ofmn 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. |fnotime period is specified, 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. The request must be submitted on the City's Substitution Request Form. (C) Substantiation. Any available data substantiating the proposed substitute auon 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 coat, including testing using methods ! acceptable to City. City has sole discretion to determine whether a proposed substitution is equal, and Cih/'o determination is final. (E) Approval nrRejection. |f the proposed substitution ie approved, Contractor ie solely responsible for any additional costs or time associated with the substituted item or � BridgeDon Burnett g Pin Repair Project GENERAL CONDITIONS Project No. 2O1Q-1OO Page38 � � � � service. If the proposed substitution is nejeohad. Contractor must, without dehy, inah*U the item or use the service as specified by City, (F) Contractor's Obligations. City'o approval ofa proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. |n the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all resulting coat impocto, including the cost ofremoval and replacement and the impact to other design elements. 7.8 Inspection and Testing. (4) General. All mahsria|e, 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 VVorknhe. including at shops and yards as well as at the Project site, oretthe plant ofe manufacturer of materials or items to be incorporated into the Work.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, st all times, make the Work available for inspection. (B) Scheduling and Notification. Contractor must cooperate with City in coordinating the inspections and testing. Contractor must submit samples of materials, and schedule all tests required by the Contract Documents in time toavoid any delay to the progress of the Work. Contractor must notify the Engineer in writing no later than two Working Days before any inspection or testing is being requested, 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 seek, in writing, Engineer's approval at least two Working Days in advance. 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 and Inspector, 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 inspections and/or testing consultants retained by City, subject to the following exceptions: (1) Contractor will be responsible for the costs of any subsequent inspections and/or tests which are required to substantiate compliance with the Contract Documents, and any associated remediadoncosts, (2) Contractor will be responsible for inspection and testing costs, at the rate charged by the consultant retained by the City to provide inspection and testing services, and for inspection and testing 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 Documenta, and any associated repair or remediation costs. (4) Contractor is responsible for properly shoring all compaction test sites deeper than five feet below grade, aa required under Section 7.15below. (5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repainad, removed, replaced, or Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1S'1OO Page3S corrected by Contractor, ot Contractor's sole expense, even if that Work or material was previously inspected orincluded in apn)greae payment. (D) Contractor's Obligations. All Work and materials must conform with the lines, grades, typical cross sections, dimensions, material requirements, and tolerances shown � | or described by the Drawings and Specifications, City, acting in its sole discretion, will � determine whether Work or materials conform with the Drawings and Specifications, ! including allowable deviations. Qh/'e determination aeto conformity orallowable � deviations is final. Contractor is solely responsible forany delay occasioned by � nemediationof defective or noncompliant Work ormaterial. 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. |f required off-site testing or inspection must beconducted � at location more than 100 miles from the Project site, Contractor is eo|o|y responsible � for the additional travel costs required for testing and/or inspection at such locations. � (F) Plant Inspection. |f specified in the Contract Documents, or upon written request by City, Contractor must use its best efforts to facilitate and arrange for City's � inspection, sampling or testing of materials or items required for the Work at the plant or facility from which the mobaha|o or items are to be obtained. Contractor's best efforts must include contacting the producer or manufacturer on a timely basis to schedule inspection by City's selected representative, including appropriate access and any safety equipment, all at no cost to City. The inspection must be scheduled sufficiently in advance of the planned shipping or production date to allow for alternative arrangements if the City determined that the materials or items do not meet the requirements of the Drawings and Specifications. Nothing in this provision obligates City ho inspect materials or items et the source plant orfacility. (B) Final Inspection. The provisions of this Section 7.8 apply to final inspection under Article 11. Completion and Warranty Provisions. 7.9 VVorhs|bmConditions and Maintenance. Contractor must sd all times, on a24-hour � basis and at its sole cost, maintain the Project site and staging and storage areas in clean and neat condition and in compliance with all regulatory requirements for air quality and dust control. Contractor must also, on adai|y basis and at its sole cost, remove and � properly dispose of the debris and waste materials from the Project site. (A) Protection of Existing Property, Structures, and Utilities. |f the Drawings indicate existing above-grade and ba|om+gnadeetruotun*o. drainage |inea, storm dnsino, aewere, vvater, goe, e|eotrioa|, phone and data cable, and other similar items or utilities known to the City, then Contractor will locate these known existing installations before proceeding with trenching or other operations which may cause damage, will maintain them in service where appropriate, and will repair any damage caused to them by the Work, etno increase in the Contract Price. (1) The Contractor may temporarily mark or paint the ground, pavement, oidawe|k, or any other improvements, but must not doon in apub|io right-of-way oron the Site more than 3O days prior to the commencement uf excavation work performed in connection with aninstallation. Any mark or paint must baremoved from all ourfeoeo, including any decorative work, within 30 days of the completion of the excavation work. The Contractor ie responsible for any expense associated with damages caused by the Contractor's mark or paint, including the removal thereof. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1A-1U8 Page4O | � � � (2) The Contractor will record the location and existence of pavement markers and striping prior to construction, and will provide such records to the Engineer. The Contractor will replace in kind any permanent paving marker or striping that h removes or damages, orae marked in the Plans, at its expense. (B) Air Emissions Control. Contractor must not discharge smoke o/other air contaminants into the atmosphere in violation of any applicable |sw, regulation or rule. ! (C) Dus/mmdDebris. 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 an000 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 water- spraying truck for this purpose. If the Engineer 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 VVorkoite and any dirt deposited on public streets. (D) Clean 4p. Before discontinuing Work in an area, Contractor must clean the area and remove all debris and waste along with the construction equipment,tools, machinery, waste and surplus materials. (1) Except as otherwise specified, all excess Project moteria|a, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse byCity, 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. (E) Disposal. Contractor must dispose of all Project debris and waste materials ina oeha 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 moder, or any associated vvaahingo, to be disposed of onto oiraato, into manholes or into City'a storm drain system. (F) Completion. At the completion of the Work, Contractor must remove from the VVorkoitea|| of its equipment, too|e, surplus materia|a, waste materials and debrie, presenting a clean and neat appearance. Before demobilizing from theVVorkoite. Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as epp|icob|e, and that all morka, etaina, 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 ourbo, aidevva|ke, drivevvaym, fencea, aigno, uti|itien, street surfaces and structures. Repairs and replacements must be at least equal tothe previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. (G) Non-Compliance. |f Contractor fails to comply with its maintenance and cleanup obligations or any City clean up onder. City may, outing in its sole discretion, elect to suspend the Work until the conclition(s) is corrected with no increase in the Contract Time Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1S'1O8 Pagu41 � � � | ' � or Contract Price, o/undertake appropriate cleanup measures without further notice and the cost will be deducted from any amounts due orto become due hoContractor. 7.10 Instructions and Manuals. Contractor must provide to City two bound copies and an electronic PDF copy of each of all instructions and manuals required by the Contract Documento, unless otherwise specified. These must be complete aetodrawings, details, parts |iota, performance data, and other information that maybe required for City to easily maintain and eewina 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 instruct Cit/a personnel inthe operation and maintenance of any complex equipment as a condition precedent to Final Cnmp|eiion, if required in the Contract Documents, 7.11 As-built Drawings. Contractor and its Subcontractors must prepare and maintain atthe Project site a detailed, complete and accurate as-built set of Drawings which will be used solely for the purpose of recording changes made in any portion of the original Drawings in order to create accurate record drawings at the end of the Project. (4) Duty to Update. The as-built drawings must ba updated oa changes occur, onm daily basis if necessary. Progress payments may bedelayed, in whole orin part, until the as-built drawings are brought upto 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 vvork, including all site utilities installed undergpound, in walls, f|nora, or otherwise concealed. Deviations from the original Drawings must be shown indetail. The exact location of all main mna, whether piping, oonduit, ductwork or drain |inun, 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 vieib|oabove'ground 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 approval as a condition precedent to Final Completion and Final Payment. 7.12 Existing Utilities. Aa required by Government Code section 4215. if, during the 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 trunk line utility facilities located on the Project site if those utilities are not identified in the Contract Documents. Contractor will be compensated inaccordance 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 Drawings 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'o failure to provide for removal or relocation of the utility facilities. 7.13 Notice ofExcavation. Contractor must comply with all applicable operator requirements in Government Code sections 4216 through 4216.5. Government Code section 4216.2 requires that, except in an emergency, Contractor must contact the Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019'108 Pago42 | � � � � � appropriate regional notification center, or Underground Services Alert, at leasttwo 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 inataUadiona, and. if practical, Contractor must delineate with white paint or other suitable markings the area to be excavated. 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 n/More.Ao required by Public Contract Code section 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 bm Notify. Contractor must prompdy, and before the following conditions are disturbed, provide written notice to City if Contractor finds any nf the following conditions: (1) Material that Contractor believes may bea hazardous waste, aa defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class 1, Class 11, or Class III disposal site in accordance with the provisions of existing law; (2) Subsurface or latent physical conditions at the Worksite differing from those indicated by information about the Worksite made available to bidders prior to the deadline for submitting bids; or (3) Unknown physical conditions ot the VVor obaofanyunuaua| neture. materially different from those ordinarily encountered and generally recognized ea inherent in work of the character required by the Contract Documents. (8) City Investigation. City will promptly investigate the conditions and if City finds that the conditions materially differ 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 VVork. City will issue Change Order. (C) Disputes. |n the event that o dispute arises between City and Contractor regarding any of the conditions specified in subsection (A) above. Contractor will not be excused from completing the Work within the Contract Time, but must proceed with all Work tobo performed under the Contract. Contractor will retain any and all rights provided either by the Contract o/by law which pertain to the resolution of disputes between Contractor and City. 7.15 Trenching of Five Feet orMore. Ao required by Labor Code section G705. ifthe 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 nf caving ground during the excavation. |f the plan varies from the shoring system otandarda, it must be prepared by 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 ao 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 Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 3U1S-1O8 Page43 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. 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. Any suspension of Work required due to discovery of Historic or Archeological Items will be treated as a suspension for convenience under Article 13. 7.19 Recycling and Waste Disposal (A) Approved Recycling Facility. Contractor must dispose of all recyclable materials at a recycling facility approved by the Engineer. (B) Inert Solids and Plant Materials. Contractor must remove all asphalt concrete, Portland cement concrete, aggregate base material, inert solids and any plant material from the Project site and deposit at an approved recycling facility. Contractor must conform the above material to an acceptable size and composition for recycling. (C) Recyclable Materials. Contractor must recycle at least 65%of all materials at an approved recycling facility. (D) Waste Management Plan and Disposal Report. If the California Green Building Standards Code applies to the Project, Contractor must submit to the City a waste management plan prior to starting work. A disposal report is required upon completion of the Project, for materials that are hauled by Contractor or by the City's franchised hauler. If a waste management plan is required it must be available throughout the duration of the Project for examination by the City. Electronic submittals are acceptable. The waste management plan must include the following: (1) Project title and number; (2) Identify the construction methods that will be employed to reduce waste; (3) Type of material(s) to be recycled, salvaged or landfilled; Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019-108 Page 44 (4) Specify if the waste will be sorted onaheorbu|k-mixed; and (5) Name and address of recycling fooi|h(ioa) and |andfiU(o)tobe used; The disposal report must include the following: � (1) Project title; � � � (2) Date and time ofdisposal; (3) Truck number; (4) Type of material recyc|ed, salvaged, or|andf led; � (5) Weight ofmaterial reoyc|ed, salvaged, or|andfi|led; (6) Name and address of recycling facility orlandfill; (7) Certification or weight tags from facility; � (0) Weight tags for all material |andfiUad; and (9) If the recycling goal is not met, provide an explanation, hobeapproved by City, for why h was not met. (E) Collection of Waste and Debris. Collection of garbage, mixed non-organic recyclables, organic waste, and any construction or demolition materials in debris boxes, compactors, or bin-by-the-day services that are not City franchisees or otherwise agents of the City is prohibited. Notwithstanding the above, Contractor must dispose of debris from the Project in one of the following: (1) Franchised hauler bin; (2) Abin owned by Contractor nredemolition Subcontractor provided that it is hauled by an employee of the Contractor or the demolition Subcontractor and � bya vehicle owned and registered to the Contractor or the demolition � Subcontractor; or . (3) Private truck with abed. � (F) Recycling Containers. The disposal of garbage in containers designated for � composbab|e waste recycling ioprohibited. � 7.20 Storm Water Pollution Control (4) Storm Drains. Contractor will comply with all state and federal storm water � regulations. Contractor will not allow any waste materials or pollutants to enter the storm drainage system. (B) Best Management Practices. Contractor must remove any waste found or generated at the Project site using the appropriate Best Management Practices (BMPs), � and must properly dispose of the waste or pollutants off-ai(a. |f solid or liquid waste materials or pollutants from the Project enter the storm drain system, Contractor must immediately notify the City'o Environmental Services Nvieion, and thoroughly clean up � the affected catch basins, storm sewer, and storm manholes to the satisfaction of the Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1Q-1OO Page45 � � ! � � � Engineer. If Contractor fails to meet the requirements of this section, the City may issue a stop-work notice and take necessary action to require Contractor to set up preventive measures or clean up the storm drainage system. Contractor will bear all costs related tm the stop-work action and corrective work, and will not be entitled to an extension of the Contract time for any resulting delay. . C) Stormwater Permit Contractor must control all water pollution pursuant to the i Contract Documents, the State Water Resources Control Board National Pollutant Discharge Elimination System ("NPDES^) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (^StonnwaterPermit^). 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 the same 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 applicable etate, municipal or regional |ewo, ordinoncee, rules or regulations governing discharge ofetormwotor. including applicable municipal atonnwmtnr management programs. (D) Failure to Comply with SbonnwmterPermit. Contractor must pay all costs and liabilities imposed by law ao o result of Contractor's failure to comply with the provisions set forth in the Contract Documents. Such costs and liabilities include, but are not limited to, fines, peno|tiea, and damagea, whether assessed against the City o/Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act. (E) Storm Water Pollution Prevention Plan Preparation. Contractor must incorporate the following B&1Pe, as app|icab|e, into e site-specific Storm Water Pollution Prevention Plan (SVVPPP) if required for this Project. The SVVPPP must be approved by the Engineer prior toconstruction. (1) Non Hazardous MabyriaN44,oh+Management a. Contractor must designate areas of the Project site suitable for material de|ivery, otonoAe, and waste collection that. to the maximum extent practicable, are near construction entrances and away from catch basins, gutters, drainage courses, and creeks. b. Contractor must store granular material at least 18 feet away from catch basin and curb returns, C. Contractor must prevent granular material to enter the storm drains orcreeks. d. During wet weather and when rain is forecast in the next 24 houro. Contractor must cover granular material with atarpau|in and surround the material with sand bags or other weights to ensure that tarpaulin does not expose the material during wind and rain. e. Contractor will use minimal amounts of water tu control dust ona daily basis orao directed by the Engineer. f. Ad the end of each working day uras directed by the City, Contractor must clean and sweep roadways and on-site paved areas of all materials on or adjacent to the VVorkaite. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1Q-1O8 Poga4G | � � � g. Throughout the working day and at the end of each working day, or as directed by the ChY. Contractor must pick up litter, trash, aorep. waste material, and debris from the Project site and any adjacent sidewalk, curb, and gutter area. Contractor must keep the site and perimeter free from cigarette butts and other litter. h. Contractor must ensure that lids for trash receptacles are kept closed and that trash receptacles are maintained ina manner that prevents overflows, i. Contractor must maintain a clean and litter-free area around all trash receptacles on the site. j. Contractor will not use water to flush down streets in place of street sweeping or other dry methods of spill cleanup such oaapplying absorbent, sweeping up material and disposing itina waste bin. k. In addition to Contractor's obligation torecycle materials pursuant toSection 7.18of the General Conditions, Contractor muet, to the maximum extent prauhuab|e, reuse or recycle any useful construction materials generated during the Project. |. Contractor must inspect any waste and recycling receptacles for |eako, and must contact the City'atraeh hauling franchisee to immediately replace or repair any leaking receptacles. M. Contractor will not discharge water on-site as a result ofcleaning recycling or trash receptacles. n. Contractor must arrange for regular waste collection before receptacles overflow, and must adjust the frequency of service orthe receptacle size oo needed to ensure that overflows do not occur. (2) Hazardous Muh*riaNWaoheManagement. o. Contractor must label and store all hazardous materials including but not limited topesticides, painta, thinnara, en|vunto, and fuels; and all hazardous wastes, including but not limited ho waste oil and antifreeze; in accordance with the City'o Hazardous Materials Storage Ordinance and all applicable state and federal regulations. b. Contractor must keep an aouuraha, up-to-date inventory. including Materials Safety Data Sheets (MSDSa), of hazardous materials and hazardous wastes stored on-oite. C. When rain ia forecast within 24 hours nr during wet weather, the Contractor must not apply chemicals such ea pesticides and cleaners, nr any materials that may potentially enter the storm drain eyotem, in outside areas. d. Contractor must not over-apply pesticides or fertilizers and must follow materials manufacturer's instructions regarding uaee, protective equipment, venti|ation, flommabi|ity, and mixing of chemicals. Over- application of pesticide constitutes a^|abo|violation" subject to an enforcement action by the Santa Clara County Agriculture Department. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1Q'1OO Page47 o. Contractor must arrange for regular hazardous waste collection to comply with all applicable time limits on storage of hazardous wastes. � f. Contractor must dispose of hazardous waste only etauthorized | and permitted treatment, storage and disposal facilities, and must use only licensed hazardous waste haulers ho remove the waste off-oiha. unless quantities to be transported are below applicable threshold limits � � for transportation specified in state and federal regulations. g. If Contractor's business office is located in Santa Clans County, Contractor may dispose of this waste through the Countywide Hazardous Waste Program. Businesses generating less than 27gaUons or22O pounds of hazardous waste per month are legally classified mo conditionally exempt small quantity generators (CEGOGa). Information � on the CESOG program may ba requested by calling the County at(4O8) � 2AQ'73OU. (3) Spill Pmven&on and Control. � e. Contractor must keep a stockpile uf spill cleanup materials, such � oa rags or absorbents, readily accessible on-she. / b. Contractor must immediately contain and prevent leaks and spills from entering storm drains, and properly clean up and dispose of the waste and cleanup materials, using dry methods to the extent feasible. |f the waste io hazardous, Contractor must handle the waste aa described in subsection (2) above. C. Contractor will not wash any spilled material into streets, gutters, storm drains, or creeks and will not bury spilled hazardous materials. d. Contractor must report any hazardous materials spill bycalling O11 and must notify the City'o Public Works Environmental Division sd 408-777-3354. (4) Vehick*lEquipmen/Cleaning. � a. Contractor will not perform vehicle or equipment cleaning on-site orin the street using soaps, solvents, degreasers, steam cleaning equipment, or equivalent methods. b. Contractor must pedbnn vehicle or equipment c|eaning, with water only, in a deeignabad, benned, pervious area that will not allow rinse water to run offsite or into streets, gutters, storm drains, orcreeks. (5) Veh/cA*Equip/nen/Maintenance and Fueling. o. Contractor will not perform maintenance and fueling ofvehicles onaua. b. Contractor must perform maintenance and fueling ofequipment only when neceaoory, and in adesignahad. benned area or over e drip pan that will not o||mw run-on of storm water or runoff ofspills. "°'' Burnett Bridge Bearing Pin RepairProject GENERAL CONDITIONS Project No. 2O19'1O8 Poge48 | � � � C. Contractor Must use secondary containment, such aaa drip pan, ho catch leaks or spills any time that equipment fluids are dispensed, changed, orpoured. � d. Contractor must keep a stockpile of spill cleanup mobaha|e, such as rags orabsorbents, readily accessible on-site toclean up drips and spills. e. Contractor must dean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials aa hazardous waste, oa described above. t Contractor will not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials. g. Contractor must report any hazardous materials spill bycalling 911. After the emergency has been reported, Contractor must notify the Cdy'e Public Works Environmental Division. h. Contractor must inspect vehicles and equipment arriving on-site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans must be used tocatch leaks until repairs are made. Shut-off valves on equipment must be working properly, i Contractor must comply with federal, state and City requirements for above-ground storage tanks. (G) Contractor Training and Awareness. a. Contractor must train all employees and Subcontractors on the SVVPPP requirements contained in these General Conditions. b. Contractor must include appropriate provisions in its subcontracts to ensure that these SVVPPP requirements are met. C. Contractor must post warning signs in areas treated with chemicals. d. Contractor must paint City-approved stencil or, prefenab|y, apply steel medallions to, any new catch basins with the"No Dumping. F|mma toCreek" stencil or medallion markers available from thaCity'a Public VVurka Environmental Division. (7) Activity-Specific Requirements. The following requirements apply ifthe Project includes the listed activities. a. Dowoharingor Pumping Operations. (i) Contractor must not discharge water to the storm drain system. Water discharges must be directed tmopervious, landscaped, orbioretendon area where water will beinfiltrated without causing runoff, or routed ho the sanitary sewer system after obtaining a permit from Cupertino Sanitary District or Sunnyvale Sanitary, depending on which has jurisdictional authority, or contained using a Baker tank or other means to collect the water for re-use or safe and legal disposal. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1A'1OB Page4S Contractor may contact the City's Environmental Division for more information on these control measures. (ii) Contractor must obtain approval of the Engineer for any control measure in advance. (iii) Contractor must reuse water for other needs, including but not limited to dust control or irrigation, to the maximum extent practicable. b. Paving Operations. (i) When rain is forecast within 24 hours or during wet weather, the Engineer may require that paving be delayed for more suitable conditions. (ii) The Engineer may direct Contractor to protect drainage courses by using control measures, including but not limited to, earth dike, straw bale, and sand bag, to divert runoff or trap and filter sediment. Contractor must refer to California Storm Water Best Management Practice Handbook for these control measures. (iii) Contractor must place drip pans or absorbent material under paving equipment when not in use. (iv) Contractor must securely cover catch basins and manholes when paving or applying seal coat, tack coat, slurry seal, or fog seal. (v) Contractor must remove, clean and reapply or replace catch basin covers as often as needed to ensure protection of the storm drain system from any material other than rain. (vi) Before Final Completion, Contractor must remove and dispose of all catch basin covers and material trapped by the covers. If Contractor fails to remove and dispose of the covers and materials trapped, City reserves the right to delay final inspection and/or deduct monies from payments due Contractor to compensate the City for its additional costs for removal and disposal of catch basin protection (BMPs). (vii) If the paving operation includes an on-site mixing plant, Contractor must comply with Santa Clara County General Industrial Activities Storm Water Permit requirements. (viii) Contractor must preheat, transfer or load hot bituminous material away from drainage systems or watercourses. (ix) Contractor will not sweep or wash down excess sand (placed as part of a sand seal or to absorb excess oil) into streets, gutters, storm drains, or creeks. Contractor must either collect the sand and return it to the stockpile, or dispose of it in a trash container. Contractor will not use water to wash down fresh asphalt concrete pavement. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019-108 Page 50 C. Saw Cutting. (i) Contractor must use aa little water oo possible during � saw cutting and grinding operations. � (ii) Contractor must cover nr barricade catch basins using control measures, including but not limited toae filter fabric, straw bales, sand bags, and fine gravel dams, to keep slurry out of the storm drain system. When protecting a catch basin, Contractor must ensure that the entire opening iocovered. Contractor must refer to California Storm Water Best Management Practice Handbook for these control measures. (iii) Contractor must remove, clean and reapply orreplace catch basin covers. (iv) Before Final Completion, Contractor must remove and dispose of all catch basin covers. (v) Contractor must shovel, absorb or vacuum saw cut slurry and pick up the waste prior to moving iuthe next location orat the end of each working day, whichever iosooner. (vi) |f saw cut slurry enters catch booino. Contractor must remove the slurry from the storm drain system immediately. d. Traffic Detector Loop Installation and Repair. (i) Contractor must protect nearby storm drain inlets prior to cutting or flushing slot for traffic detector loops. Contractor must block or berm around nearby storm drain inlets using sand bags nron equivalent barrier or use absorbent materials such ae pade, pillows and socks h/contain slurry. (ii) Before Final Completion, Contractor must remove all sand bags and equivalent barriers and absorbent materials from the site and sweep the area clean and away from the storm drain inlet. (iii) Contractor must clean up residues by sweeping upae much material oa possible and must dispose of material properly. e. Concrete, Grout and Mortar Waste Management. (i) Contractor must avoid mixing excess amounts offresh concrete or cement mortar on'oite. (ii) Contractor must store concrete, grout and mortar away from drainage areas and ensure that these materials donot enter the storm drain system. (iii) Contractor will not wash out concrete trucks or equipment into etreetn, guttem, ohonn drains, or creeks. (iv) Contractor must perform washout of concrete trucks or equipment off-site orin a designated area on-site where the Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019-108 Page51 water will flow onto dirt or into o temporary pit ino dirt area. Contractor must let the water percolate into the eui| and dispose of the hardened concrete ino trash container. |fo Suitable dirt area is not ovai|ab|e. Contractor must collect the wash water and remove itoff-eite. � (v) Contractor will prevent creating runoff by draining water from washing of exposed aggregate concrete toa dirt area. If � suitable dirt area is not available, Contractor must collect the mmoh water and remove it off-site. | (vi) Before Final Completion, Contractor must remove all � protective measures and treatment materials and sweep the site clean. (vii) Contractor must collect and return sweepings from exposed aggregate concrete toa stockpile or dispose ofthe waste ina trash container ' � � f. Painting. (i) Contractor must conduct cleaning of painting equipment and tools ino designated area that will not allow run-on ofstorm water or runoff ofspills. (ii) Contractor will not allow wash water from cleaning of painting equipment and tools into streets, guttem, storm drains or creeks. (iii) Contractor will remove ae much excess paint aapossible from bmahea, rollers and equipment before starting cleanup. � (iv) To the maximum extent practicable and with pemniookm from Cupertino Sanitary District, Contractor will dispose ofwash water from aqueous cleaning of equipment and tools tothe sanitary sewer. | (v) |f Contractor cannot dispose of wash water bothe sanitary eawer. Contractor must direct wash water onto dirt area and spade in. � (vi) To the maximum extent pmotioab|e. Contractor will filter paint thinner and solvents for reuse. (vii) Contractor must dispose of thinners, ao|venta, oil and water-based paint, and sludge from cleaning of equipment and tools as hazardous waste, as described in these General Conditions. � (viii) Contractor must store paint, eokmnta, chemica|o, and vvaehe mab*ho|a in compliance with the City of Cupertino Hazardous Materials Storage Ordinance and all applicable state and federal regulations. Contractor must store these materials in adeeignabed area that will not allow run-on of storm water or runoff ofspills. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019-108 Page 52 | � � | � (i* Contractor must dispose nf dry or empty paint cans and buokets, old bmahoo, roUens, nego, and drop cloths in the trash. g� Earthwork. (i) Contractor must use the 0MPa for erosion and sedimentation in either the California Storm Water Best � Management Practice Handbook -Construction Activity orthe A8AG Manual of Standards for Erosion and Sediment Control N1aoeunea. h� Thermoplastic. (i) Contractor must transfer and load hot thermoplastic away from drainage systems nrwatercourses. (ii) Contractor must sweep thermoplastic grindings into plastic bags. Yellow thermoplastic grindings may require special handling oa they may contain paint. i Pesticide Usage and Pest Management. (i) Contractor must follow all fedens|, abate. and |oom| policies (including the City'a Integrated Pest Management Po|ioy). laws, and regulations governing the use, storage, and disposal of pesticides and training of pest control advisors and applicators. (ii) Contractor must submit pest management control methods to Engineer for approval. Such control methods may include, but are not limited to: no controls; physical nr mechanical methods; environmental controls (mulching, pest- resistant vegetation); biological controls (pnadohzro, parasites, etc.); |eoa toxic controls (noopn, oi|s, etc.); and hot water. (iii) Contractor must notify and receive permission from the Engineer and the Public Works Environmental Division before applying any pesticides. (iv) |f permitted to use pesticides, Contractor must use the least toxic pesticides available and the use and type ufsuch pesticides must be approved by the City. The City will consider the LD5O. overall risk to the applicator, and impact tmthe environment when approving the use ofpesticides. (v) Contractor must apply pesticides at the appropriate time to maximize their effectiveness and minimize the likelihood uf discharging non-degraded pesticides inoiurmvvaterrunoff. Contractor will not apply pesticides if rain is expected. (vi) Contractor must mix and apply only as much material as ia necessary for treatment. Contractor must calibrate application equipment prior tu and during use to ensure desired application rate. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 3019-108 Page 53 (vii) Contractor will not mix orload pesticides in application equipment adjacent hoa storm drain inlet culvert orwatercourse. � (viii) Contractor will not use C|opyns|id. Diaznon. Ch|orpyhfoa, Ch|oradane, DOT. 0e|dhn or other mrgenophoophatea. Fiproni| and pyrethroidoincluding, but not limited to De|hamothrin and Bifenthrin, will not boapplied on City property. (ix) Contractor must submit monthly summaries of pesticide use to the Public Works Environmental Division onappropriate City form. Information provided must include, odm minimum, the product used, the method of application, date applied, the area to which itia applied, and the amount applied. 7.21 Traffic Control and Public Safety A. Fences and Barriers. Contractor must furnish, erect, and maintain fences, barriers, lights, and signs, and must provide flagging and guards as necessary to give adequate warning to the public of the construction and of any dangerous condition at Contractor's sole cost and expense. City must approve all signs astosize, wording. and location. City, in its em|e diocrehon, may direct Contractor to implement additional measures. Contractor may be required to cover certain signs which regulate or direct public tnaffinto roadways that are not open totraffic. The Engineer will determine which signs must becovered. B. Manual on Uniform Traffic Control Devices(MUTCD). Notwithstanding the requirements of this Section 7.21, all fences, barriers, signs, lights, flags, and other warning and safety devices and their use must conform to the requirements of Part of the United States Department ofTransportation MUTCD and the N1UTCD California Supplement. C. Sign Conflicts. Signs and other protective devices furnished and erected by Contractor will not obscure the visibility of, nor conflict in intent, meaning, and function of, existing signs, |ighte, and traffic control devices or any construction area signs and traffic control devices D. Public Access. Contractor must conduct operations in the manner that offers the least possible obstruction and inconvenience tothe public. Contractor must complete the Work ina manner that allows for access to public righta-mf+way. Unless otherwise provided in the Contract Documents, all public traffic must be permitted to pass through the Work with as little inconvenience and delay as possible. Where poaaib|e, public traffic must be routed nn new or existing paved surfaces. E. Public Spills. Spillage resulting from hauling operations along or across any public right'of+mmy must be removed immediately by Contractor at Contractor's sole cost and expense. F Existing Traffic Signals. Existing traffic signals and highway lighting must be kept in operation and available for routine maintenance during construction. G. Abutting Properties. Construction operations must be conducted in such e manner anto cause as little inconvenience as possible toabutting property owners. Contractor must maintain convenient access to driveways, houeea, and bui|dingm, and temporary approaches to crossings or intersecting highways must be provided and kept in good condition. When an abutting property owner's access across the right-of+weyline Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1A-1O8 Pege54 � � � is to be eliminated or replaced by other access facilities, the existing access will notbe closed until the replacement access facilities are usable. H Lane Closures. Lane closures are not permitted before 7:OOA.N1. or after 5:OO P.M. from Monday through Friday or as otherwise specified in the Special Conditions or Specifications. City may, at its sole discretion, approve lane closures during this time � upon written request from Contractor. Contractor must maintain o minimum of two travel lanes for traffic use(one in each direction) at all times. |. Costs. Contractor is solely responsible for all costs for all required traffic control and public safety measures. 7.22 Noise Control. Contractor must comply with all applicable noise control |awo, ordinanoea, regulations and rules. 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 byContractor. 7.23 Fire Protection Plan. |fafire protection plan is required for this Project, within 21 days after the date of issuance of the Notice of Award, Contractor must submit to the Engineer ufim protection plan that has been reviewed and approved by the Santa Clara County Fire Department. In addition to any specified requirements for the fire protection plan, the plan should address all of the following: (A) Equipment spark arresters; (B) Fire-extinguishing equipment sd the VVorkoihe(e); (C) Fire response procedures; (D) Notification to authorities of any fire; (E) Fire equipment access during performance of the Work and after hours; (F) Educating and training workers to comply with the fire protection plan (G) Safe storage and transport of flammable materials; and (H) Equipment for ventilation and illumination. ArUu|eD- Peyment 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 VVV/k, including mobilization and demobilization. If Bid Schedule was submitted with Contractor's bid, the amounts 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 tobe paid for on the basis of unit pricing will be measured according to the methods stipulated in the Contract Documents. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 201y-108 PageS5 (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 Worksite, as well as authorized and approved Change Orders. Each pay application must be supported by Contractor's Bid Schedule 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 thirty(30) days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code section 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 modifications 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 Worksite, 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. (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; (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 or deduct an amount equal to five percent of the total amount requested; Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019-108 Page 56 / � (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'o cost to prepare the ao-bui|ta; � (H) For Work performed without approved Shop Drawings, when approved Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated costs to correct unsatisfactory work ordiminution in value; ' (|) For fines assessed under the Labor Code, aa require bylaw; (J) For any other costs or charges that may be withheld, deducted from, or offset against payments due, as provided in the Contract Documents, including liquidated damages; or (K) For failure to release claims as to undisputed amounts pursuant to Section 8.9. below. 8.4 Early Occupancy. Neither Cit/u 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 amount due on each progress payment, or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and satisfactory performance Vf the Work. (A) Substitution mfSecurities. Ae provided by Public Contract Code section 22300, Contractor may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld byCity. Any escrow agreement entered into pursuant tothis provision must fully comply with Public Contract Code section 22300. and will be subject to approval auLo form byCity'e legal Counsel. (B) Release nf Undisputed Retention. All undisputed retention, less any amounts that may beassessed as liquidated damagee, retained for stop notivaa, or otherwise withheld under Section 8.3 or Section 8.6, 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(E) below, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete under Public Contract Code section 7107(o). 8.6 Setoff. City is entitled to set off any amounts due from Contractor against any payments due toContractor. City'o entitlement to setoff includes progress payments aa well aa Final Payment and unre|oaoedretention. 8.7 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 VVorkoite by the Subcontractor or supplier during the preceding month. Such payments must be made inaccordance with the requirements of the law, and those of the Contract Documents and applicable subcontract or supplier contract. (4) Withholding for Stop Notice. Pursuant to Civil Code section 035O. 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, ao authorized bylaw. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2D10'1O8 Pege57 / � (B) Joint Checks. City reserves the right to issue joint checks made payable to | Contractor and its Subcontractors or suppliers. 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 byCity. 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. 1 8.8 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 poymento, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. The date of Final Payment is deemed to be effective on the date that City acts to release undisputed retention as final payment to Con(raotor, or otherwise provides written notice � to Contractor of Final Payment. If the amount due from Contractor to City exceeds the � amount ofFinal Payment. City retains the right to recover the balance from Contractor or its sureties. 8.9 Release of Claims. City may, at any time, require that payment of the undisputed � portion of any progress payment or Final Payment (excepting undisputed retention � subject to release under Public Contract Code section 7107) 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 limits of Public Contract Code section 7100. The waiver and release of claims must be submitted using the City's Release of Claims form.Any disputed amounts may be specifically excluded from the release. 8.10 Warranty ofTitle. Contractor warrants that title to all work, msderia|e, or equipment incorporated into the Work or delivered to mVVorkeiba. and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon any payment to Contractor pursuant tn this Article 8. Artic|eS -Laborprovio|ons 9.1 Discrimination Prohibited. Discrimination against any prospective or present employee � engaged in the Work on grounds of race, co|or, onceotry, national origin, ethnicity, � re|igion, aex, sexual orientation, aga, diaabi|ity, or marital status ia strictly prohibited. Contractor and its Subcontractors are required to comply with all applicable federal and California laws, including the California Fair Employment and Housing Act(Government Code sections 12900 et seq.), Government Code section 11135, and Labor Code sections 1735. 1777.6. 1777.G. and 3O77.5. 9.2 Labor Code Requirements. (A) Eight Hour Day. Under Labor Code section 1810. eight hours of labor constitute a legal day'u work under this Contract. � (B) Penalty. Under Labor Code section 1813. Contractor will forfeit to City oea 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 section 1815. � Don Burnett Bridge Bearing Pin Repair..`o=^` GENERAL CONDITIONS Project No. 2O10-1O8 Pago58 � | � (C) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference. � (0) Notices. Under Labor Code section 1771.4. Contractor ie required to post all job site notices prescribed by law orregulation. 9.3 Prevailing Wages. Each worker performing Work under this Contract that iacovered under Labor Code section 1720 or 1720.9, including cleanup at the Project site, must be paid at a naba not less than the prevailing wage eedefined in sections 1771 and 1774of the Labor Code. The prevailing wage rates are on file with the City and available online at Contractor must post a copy of the applicable prevailing rates at the Worksite. (4) Penalties. Under Labor Code section 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. |f this Project io subject to federal prevailing wage requirements in addition tnCalifornia prevailing wage requirementn. Contractor and its Subcontractors are required to pay the higher of the current applicable prevailing wage rates under federal |aw, available online at . 8.4 Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing nsgu|atinne, which are fully incorporated by this referenms, including requirements for electronic submission of payroll records to the D|R. (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 them 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 ia true and correct; and (2) Contractor orthe Subcontractor has complied with the requirements of Labor Code sections 1771. 1811. and 1815 for any Work performed by its employees on the Project. (B) Certified Record. A certified copy ofan 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 section 177G. Contractor or Subcontractor has ten days in which to comply with 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 Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1Q-1OD Page59 � ! � � request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from progress payments then due. 9.5 Labor Compliance. Under Labor Code section 1771.4. the Contract for this Project ia subject to compliance monitoring and enforcement by the D|R. � 4dio|e 1O-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 edall times comply with all applicable safety|avva, rules and regulations and seek to avoid injury, |oaa, or damage to persons or property bytaking reasonable steps to protect its employees and other persons at the Worksite, materials and equipment stored on or off site, and property ator adjacent to the VVorkaite. (A) Reporting Requirements. Contractor must immediately provide a written report to City of all recordable accidents and injuries occurring at the Worksite. |f Contractor ia required to file en occident report with a government agenoy. Contractor will provide a copy of the report toCity. (B) Legal Compliance. Contractor's safety program must comply with the applicable |eQo| and regulatory requirements. Contractor must provide City with copies of all notices required by law or regulation. (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. |f City determines, in its sole discretion, that any part of the Work or VVorkaite is unoafa. 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 toCity'osatisfaction. |f Contractor fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. Contractor agrees itio not entitled to submit e 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. |f Contractor encounters materials on the VVorkaitethat Cont/actor 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 toCity. No asbestos, asbestos- containing products or other Hazardous Materials may be used in performance of the Work. 10.3 Material Safety. Contractor ia solely responsible for complying with section 5194 of Title 8 of the California Code of Regu|ationo, 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 Material Safety Data Sheets ("MSDS") at the Worksite, as required by law, for materials or substances used or Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 201S-1O8 PagoS0 � � | consumed in the performance of the Work. The IVISDS will be accessible and available to Contractor's employees, Subcontractors, and City. (4) Contractor Obligations. Contractor ie solely responsible for the proper de|ivery, hand|ing, use, otorage, nemova|, and disposal of all materials brought tothe Worksite and/or used in the performance of the Work. Contractor must notify the Engineer ifa specified product or material cannot be used safely. (B) Labeling. Contractor must ensure proper labeling on any material brought onto the Worksite 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 en|e|y responsible for determining whether 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 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 Worksite condition, the method of construction, or the way any Work must baperformed. Article 11 -Comp|otion and Warranty Provisions 11.1 Final Completion. (A) Final Inspection. When the Work required by this Contract ia 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 items that are incomplete, incorrectly installed, or not operating oo required by the Contract Documents. The omission uf any such item from this punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents. (B) Punch List City will deliver the punch list to Contractor and will specify the time by which all of the punch list items must be completed orcorrected. 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. (C) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City inspection, and upon satisfaction of all other Contract requinamente, including any commissioning required under the Contract Documents and submission of all final submittals, including a warranty bond as required under Section 4.4. instructions and manuals aarequired under Section 7.10. and as-built drawings as required under Section 7.11, all toCity'o satisfaction. (D) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, or if the Engineer is authorized to accept the Project, the Project will be considered accepted upon the date of the Engineer's issuance ofa written notice ofacceptance. 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. (E) Final Payment 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 Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2U1Q'1U8 PeOeS1 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 withhold up to 150% of City's estimated cost to complete each of the remaining items from Final Payment. 11.2 Warranty. (A) BenmnnL Contractor warrants that all materials and equipment will be new un|aoa otherwise opaoified, of good quo|ity, 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. At Chy'o 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 recordation of the notice of completion (the"Warranty Period"), except when a longer guarantee is provided by a supplier or manufacturer or is required / by the Specifications orSpecial Conditions. Contractor must obtain from its Suboontraotora, suppliers and manufacturers any special or extended warranties required � by the Contract Documents. (C) Warranty Documents. Aea condition precedent to acceptance, 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 tobe co- guarantor ofeuchVVork. (E) Contractor's Obligations. Upon written notice from City to Contractor ofany defect in the Work discovered during the Warranty Period, Contractor or its responsible Subcontractor must promptly correct the defective Work at its own coot. 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 tu expiration of the Warranty Period. (F) C/ty'mRamned/es. |f Contractor or its responsible Subcontractor fails tocorrect � defective Work within ten days following notice by City, or sooner if required by the � circumstances, Contractor expressly agrees that City may correct the defects to conform � with the Contract Documents at Contractor's sole expense. Contractor must reimburse City for its costs within 30 days following City's submission of a demand(s)for payment pursuant tothis provision. If City is required to initiate legal action to compel Contractor's compliance with this provision, and City iathe 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 hm correct the defective Work. � (G) Emergency Repairs. |n cases of emergency where any delay incorrecting � defective Work could cause harm, loss or damage, Contractor expressly agrees that 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 within 30 days following City's submission of a demand(s)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 aotinn. Contractor and its surety are solely responsible for all of City's attorney's fees and legal costs expended to enforce � | Don Burnett Bridge Bearing Pin Repair Project GENERAL Cumu/ //umS � Project No. 2O1Q'1O8 PageG3 / Contractor's warranty obligations herein in addition to any and all costs City incurs to immediately correct the defective Work, including any associated overtime charges. 11.3 Use Prior to Final Completion. City reserves the right to occupy or make use ofthe 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) Nnn'N<o/vor. Occupation or use prior to Final Completion will not operate aa 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) C/b/'aG|espons/b/Vt/ City will ba 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 nf determining "substantial completion"with respect to any statute of repose pertaining to the time for filing an action for construction defect, "substantial completion" im deemed to mean the last date that Contractor orany Subcontractor performs Work on the Project prior to recordation of the notice of completion, except for warranty work performed under this Article. Article 12 -Dispute Resolution 12.1 Claims. This Article applies tuand provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work. (A) Definition. ''C)aim^ means e separate demand by Contractor, submitted in writing by registered or certified mail with return receipt n*queahed, for change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected or disputed by City, in whole orin pert. (B) Limitations. A Claim may only include the portion ofo previously rejected demand that remains in dispute between Contractor and City. With the exception ofany dispute regarding the amount uf 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 Prioe, which has not previously been submitted toCity in full compliance with Article 5 and Article G. and subsequently rejected in whole or in part byCity. (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 section 9204 and sections 20104 et seq., which are incorporated by reference herein. (D) 0o Work Delay. Notwithstanding the submission ofa Claim or any other dispute between the parties related to the Project or the Contract Documents, Contractor must Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019-108 PageS3 � � � � perform the Work and may not delay or cease Work pending resolution of the 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. 12.3 Claims Submission. The following requirements apply to any Claim subject tothis 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 uomp|eba, itemized breakdown of all |abor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll renordo, neoeipte, invoices, or the |ike, must be submitted in support of each 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) Cbin/Foxn/at A Claim must be submitted in the following format: (1) General introduction, specifically identifying the submission as a"Claim" submitted under this Article 12. (2) Relevant background infonn*dion, including identification uf the specific demand at issue, and the date ofQty'o rejection of that demand. (3) Detailed explanation of the ieaue(a) in dispute. For multiple issues, separately number and identify each issue and include the following for each separate issue: o. The background of the issue, including references horelevant provisions of the Contract Documents; b. 8 succinct statement of the matter in dispute, including Contractor's position and the basis for that position; C. A chronology of relevant events; d� The identification and attachment of all supporting documents (see subsection (4). above, onGubstanUation); and o. Use ofe separate page for each issue. (4) Summary nf issues and damages. (5) 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 are true and correct. Contractor warrants that this Claim io comprehensive and complete ao(o the matters in dispute, and agrees that any costs, expenses, or delay claim not included herein are deemed waived. Contractor understands that submission of Claim which has no basis Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1Q'1O8 PegeG4 | in fact or which Contractor knows hobe false may violate the False Claims Act (Government Code Section 12GGUetoeql^ (C) Submission Deadlines. (1) A Claim must be submitted within 15 days following the date that City notified Contractor in writing that request for a change in the Contract Time or Contract � Price, duly submitted in compliance with Article 5 and Article S. has been rejected in whole orin part. (2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed ono/before the date of Final Payment, or will be deemed waived. (3) A Claim disputing the amount of Final Payment must be submitted within 15 days of the effective date of Final Payment, under Section 8.8' above. (4) Strict compliance with these Claim submission deadlines ie 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 bKContractor. 12.3 City'a Response. City will respond within 45 days of receipt of the Claim with awritten 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 section 9204. Hmwever, if City determines that the Claim is not adequately documented, 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. |f Contractor fails to submit the additional documentation to City within 15 days of receipt ofCity's request, the Claim will be deemed waived. (A) Additional Information. If additional information is thereafter requinad, it may be requested and provided upon mutual agreement of City and Contractor. (B) Non-Waiver. Any failure by City to respond within the times specified above may 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. |f Contractor disputes City'nvvritten reoponee, or City fails to respond within the specified time, within 15 days of receipt ofCity'o 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 mai|, return receipt nequeo(ed, and demand an informal conference to meet and confer for settlement of the issues indispute. |f Contractor fails to dispute City'o 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 bescheduled at location etor near City'o principal office. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2O1Q'10O PageG5 � � | � � � (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, ea set forth below. 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 section 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 mediation equally, except costs incurred by each party for its representation by legal counsel or any other consultants. (B) Government Code Claims. (1) Timely presentment ofa Government Code Claim ioa condition precedent to filing any legal action based onor arising from the Contract. (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 ia denied in whole orin part ot the conclusion mf the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim ie submitted tn 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 totort o|eima 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 California Code of Civil Procedure section 1296. that in any arbitration to resolve e dispute relating to this Contnact, the arbitrator's award must be supported by law and substantial evidence. 12.8 Damages. Contractor bears the burden of proving entitlement hm and the amount ofany claimed damages. Contractor ia not entitled ho damages calculated ona total cost basis, but must prove actual damages. Contractor is not entitled to recovery of any alleged home office overhead. The Eichleay Formula or similar formula may not be used for any recovery under the Contract. Contractor is not entitled to special, incidental, or consequential damages, including home office overhead or any form of overhead not directly incurred ot the VVorkoite; |nut profits; |oeo of productivity; lost opportunity howork on other projects; diminished bonding capacity; increased cost of financing for the Pnoject; extendedoopda| costa; non'avoi|ebi|dyof|abor. mahario| orequipmontduetn delays; or any other indirect loss arising from the Contract. Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2810'1O8 PegeG8 � � � 12.9 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal mctiona, in addition to C|aimn, arising from or related tothis Contract, unless and only tothe 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, City may immediately order the Work, or any portion of it, suspended until the cause for the suspension has been eliminated toChy'esatisfaction. (A) Failure toComply. Contractor will not be entitled toon increase inContract Time or Contract Price for a suspension occasioned by Contractor's failure to comply with the Contract Documents. (B) No Duty tnSuspend. City's right to suspend the Work will not give rise toaduty 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. 13.3 Suspension for Convenience. City reserves the right to suspend, delay, mr interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City's convenience, and not due to any act or omission by Contractor or its Subcontractors. Upon notice by City pursuant Lothis 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 progress Work as directed in the suspension notice. The Contract Price and the Contract Time will beequitably adjusted by Change Order to reflect the cost and delay impact occasioned by such suspension for convenience. However, the time for completing the Project will only be extended if the suspension causes or will cause delay in Final Completion. 13.3 Termination for Default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor's refusal ur failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment tV its employees, Subcontnactoro, or suppliers ortocorrect rejected work; disregard of laws, negu|ationa, ovdinancee, ru|ea, or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the Work within the Contract Time; or responsibility for any other material breach of the Contract requirements. (A) Notice. Upon City'e determination that Contractor is in default, City may provide Contractor and its surety written notice of default and intent to terminate the Contract. (B) Termination. Within seven calendar days after notice of intent tm terminate for default has been given, unless the default is cured or arrangements to cure the default have been made and memorialized in writing, to City's satisfaction, City may terminate the Contract by written notice to Contractor with a copy to Contractor's surety. (C) 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, Contractor's surety will be deemed to have waived its right to complete the Work under the Contract, and 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 Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2U1S-1D8 PageG7 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. In addition, City will have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work. (D) Wrongful Termination. 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 consequential damages, lost opportunity costs or lost profits. 13.4 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must: immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City's instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. Subject to City's directions in the notice, 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. Contractor must also promptly cancel, all existing subcontracts that relate to performance of the discontinued Work. (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 to date, 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. Actual and substantiated demobilization costs; and (3) Markup. Five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date. 13.5 Effect of Any Contract Termination. Upon any termination pursuant to this Article, City may enter upon and take possession of the Project and the Work. City may also take possession of, for the sole purpose of completing the Work, all of Contractor's tools, equipment and appliances, and all materials on the Worksite or stored off the Worksite that will be incorporated in the Work. 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, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, 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 section 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. section 15) or under the Cartwright Act(Chapter 2 (commencing with section Don Burnett Bridge Bearing Pin Repair Project GENERAL CONDITIONS Project No. 2019-108 Page 68 16700 of Part 2of Division 7uf the Business and Professions Code). arising from | purchases of goods, services, or materials pursuant io 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 toba inserted inthe | Contract Documents is deemed to be inserted, and the Contract Documents will be / i construed and enforced aa though such provision has been included. |fitiadiscovered � 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 VVokmr. Cit/o waiver ofo breach, failure nf any condition, or any right orremedy / contained in or granted by the provisions of the Contract Documents will not be effective � un|aoa it is in writing and signed by City. Cit/s waiver ofany breanh, fai|une, right, or � remedy will not be deemed a waiver of any other breach, fai|una, hght, or remedy, � whether or not eimi|ar, 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 toany statutes orregulations referenced in these Contract Dooumenta, the reference is deemed tobe the version in effect on the date that that bids were due. END OF GENERAL CONDITIONS � � � � � Don_ Burnett _Bridge Bearing Pin Repair Project— GENERAL CONDITIONS � Project No. 2O1940O PageG0 � � � � � Special Conditions � 1. Existing Equipnxent � 11 Contractor will carefully remove all existing equipment from the VVodmbe. If the � City specifies or indicates that equipment is to be salvaged and reused or to remain the property of City then the Contractor will reuse or return the equipment to the City, � Contractor will store and protect salvaged equipment specified to be reused in the Work. � Contractor will delivery to the City in good condition the equipment that is to remain City property but not be reused in the Work. 1.2 If an item specified to be salvaged is damaged during its removal, storage, or handling through carelessness or improper procedures, then Contractor will replace that equipment in kind or with a new item, For those items specified to be salvaged Contractor may choose to instead furnish and install new equipment, in which case the original, removed items will become Contractor's property. Existing materials and equipment removed by Contractor will only be reused in the Work if so specified or indicated by the ' City. 2. Work Days and Hours. Work hours and noise pose a special concern for projects in residential neighborhoods. The City ia very concerned for its residents and will diligently enforce the restrictions below. 2.1 Work Hours. 7:O0a.m,5:00p.m. local time, weekdays, A:O0a.m. -5:O0p.m. on Saturdays, 9:00-4:00 pm. Sundays. 2.2 Worker Arrival and Parking. Workers may arrive at the VVorkaibano earlier than 7:00 am. Violations of these requirements will naau|t in a $3,000 dollar penalty to Bidder/Contnactor. per occurrence. 2.3 Equipment and Material Delivery and Off-Haul Hours. No equipment or material may be delivered or off-hauled except between the hours of 7:00 a.m. and 5:00 p.m. No equipment that has a safety back up beeper may be operated before 7:00 a.m. on any day. 2.4 Work Days Only. Work will only ba performed on Work Days, ae defined inthe General Conditions, unless Contractor requests otherwise from City in writing at least 2 working days in advance, and City approves the request in its sole discretion. |n the case of Work by Contractor after normal working hours, 2.5 Connections to Existing Facilities. Unless otherwise specified orindicated, Contractor will make all necessary connections to existing fooi|itiee, including structures, drain lines, and utilities such as water, sewer, gas, telephone, and electric. |n each case, Contractor will receive permission from City or the owning utility prior to undertaking connections and coordinate as needed to accommodate the facilities operations, Contractor will protect facilities against deleterious substances and damage. 2.6 Road Shutdown. Contractor will execute the Work while roads are in operation except for the periods uf permitted shutdown. For shutdown periods, Contractor will prepare and submit a detailed plan that includes shutdown schedule, planned sequence of work, milestones and projected times of completions of activities, any anticipated problems, Contractor's supervisory personnel, actions desired of City and staff, and contingency plans. Contractor will allow sufficient time for review and re-submittal ofthe Don Burnett Bridge Bearing Pin Repair Project SPECIAL CONDITIONS 2019-108 Pogo7O | | shutdown plan until acceptable hoCity. Contractor will employ sufficient labor, � auperintandenoe, and equipment on e24-hour, 7 days oweek basis during shutdown and other operational disruptions to complete Work within the specified periods at no additional cost to the City. Once initiated, Work may proceed on extra shift or around- the-clock basis as necessary. When required to minimize treatment process interruptions � while complying with specified sequencing conetnainte. Contractor will provide power. |i8hting, contro|o, inetrumentation, and safety devices. | 2.7 Noise Limitation. No non-construction noise will be oUowed, this includes amplified muaic, radio or other noise not due toconstruction activities. � 3. SUBMITTALS FOR QUALITY ASSURANCE. |n the Technical Specifications, the City may specify quality assurance nequirementm, including qualifications for special skills and experience required of the Contractor. For any specified skill, the Contractor may use a � subcontractor that specializes in the work and meets the performance requirements or � the Contractor may self-perform the work, subject to demonstrating the necessary skill, experience, and/or certifications to perform the work. The Contractor will submit verification that the materials and labor skills meet the specified requirements prior to implementing the specific work though the submittal � process. END OF SPECIAL CONDITIONS � � � � � � Don Burnett Bridge Bearing Pin Repair Project SPECIAL CONDITIONS 2019-108 Pago71 � GOLDSTA-12 KWINDER ACCa►R,9� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) fir....- 12/20/2018 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. 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). PRODUCER CONTACT Kathleen Winder NAME: Fresno CSG-Alliant Insurance Services,Inc. PHONE FAX 9 E.River Park Place East Ste 310 (A/C,No,Ext): _ (A/c,No): _ E-MAIL Fresno,CA 93720 ADDRE_ :kwinder@alliant.com INSURER(s)AFFORDING COVERAGE NAIC# -INSURER_A..:_Travelers Indemnity Company of Connecticut 25682 INSURED INSURER B:Travelers Property Casualty Company of America 25674 Golden State Bridge Inc INSURER C: 3701 Mallard Drive INSURER D: Benicia,CA 94510 a 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ............ —.... .... _.......... INSR ADDL SUBR POLICY EFF POLICY EXP T TYPE OF INSURANCE INSD W D POLICY NUMBER M/DD/YYYY) (MMIDDIYYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY 2,000,000,- EACH OCCURRENCE $ CLAIMS-MADE X OCCUR DT22CO8G905777TCT18 V 03/31/2018 03/31/2019 AMAGE TO RENTED 300,000 X X PREMISES(E.a occurrence)_ $ __-- MED EXP{Anyone erson $ 10,000 --..._. —__ _ PERSONAL&ADV INJURY $ 2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 4,000,006 V"' POLICY f Xl JEO LOC PRODUCTS-COMP/OP AGG $ 4'f)t)0'000 l.._...-.._J OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2 000 d00 4✓" Ea acciden..tj......... $ X ANY AUTO X X DT8108G905777TCT18 03/31/2018 03/31/2019 BODILY INJURY(Per person)— $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ AUTOS ONLY ALTOS ONLYY F Oa�,ymtDAMAGE $ r $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY ,'" STATUTE ER _ ,r ° " ANY PROPRIETOR/ E 1,000,000 t-- EXCLU EXECUTIVE (ytN� X UBOK5431871826G 03/31/2018 03l31/2019 E.L.EACH,.ACCIDENT $ _ OFFICER/MEMBER EXCLUDED? u N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Don Burnett Bridge Bearing Pin Repair Project 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 and Automobile Liability policy. General Liability and Automobile Liability evidenced herein is primary and non-contributory to other insurance available to The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers,but only to the extent required by written contract with the insured, A Waiver of Subrogation is granted in favor of The City of Cupertino,its City Council,officers,officials,employees,agents,servants and 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 Y p ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:GOLDSTA-1 2 KWINDER LOC#: 0 AC(:?RO' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Golden Fresno CSG-Alliant Insurance Services, Inc. 3701 M State Bridge Inc Mallard Drive POLICY NUMBER Benicia,CA 94510 Solano SEE PAGE 1 CARRIER NAIC CODE ISEE PAGE 1 ISEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: volunteers as required by written contract but limited to the operations of the Insured under said contract,with respect to the General Liability Policy,Automobile Liability Policy,and the Workers'Compensation& Employer's Liability policy. General Liability Per Project Aggregate applies per form attached. Cancellation clause applies per forms attached. Endorsements attached: General Liability additional insured General Liability primary General Liability cancellation General Liability Per Project Aggregate General Liability waiver of subrogation Automobile additional insured Automobile primary Automobile cancellation Automobile waiver of subrogation Workers'Compensation waiver of subrogation Workers'Compensation cancellation ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD � � / WORKERS COMPENSATION ��D �� U x m��m, m��8�~u � AND EMPLOYERS LIABILITY POLICY ENDORSEMENT VVCS9 0376 ( A)— � POLICY NUMBER: U8OK5431871826G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (BLANKET ��U�� .~�..~..~~ ~ WAIVER) We have the right to recover our payments from anyone liable for on injury covered by this policy. We will not enforce our right against the person o/organization named in the Schedule. The additional premium for this endorsement shall be 96 of the California workers' compensation pre- mium. Schedule Person orOrganization Job Description ANY PERSON DR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information ba|ovv is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03/31/2018 Policy Endorsement No, Insured Golden State Bridge, Inc. Premium Insurance Company Travelers Property Casualty Cp Countersigned by of America DATE OF ISSUE: 03/31/2018 STASS|GN: Pogo 1 of ..................... --------- ....... .............. TRAVELERS WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 04 06 01 (A) POLICY NUM UBOK543187182'"' 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 cancelation 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 policy for one or more of the following reasons: 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 additional 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; JaM 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, ii. 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 additional or different anon classification for premium calculation; oil= moo" 1. The occurrence of any change In your business or operation which contemplates an activity excluded by our reinsurance treaties. 3. 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 cancelation is to take effect, Malting that notice to you at your mailing address shown In Item I of the Information Page will be sufficient lclent to prove notice, If we cancel your policy i—==— for any of the reasons listed in Items (g) through (1), we will give you 30 days advance written notice; however, we agree that In the event of cancelation and reissuance of a policy effective upon a material loam change In ownership or operations, notice will not be provided, 4. The policy period will end on the day and hour stated In the cancelation notice. DATE OF ISSUE: 03-22-2018 ST ASSIGN: page I Of 1 014660 INSURED: Golden State-Bridge, Inc.-- - POLICY NUMBS=R:'DT22CO8G905777TCT18 COMMERCIAL GENERAL LIABILITY POLICY TEFcf+ :_03/31/2018-03/31/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS T 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 11 11: 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. INSURED: Golden State Bndge, Inc. COMMERCIAL GENERAL LIABILITY POLICY NUMBS : DT22CO8G905777TCT1$J') ISSUE DATE: 03/31/2018 POLICY TERM: 'Am-1/2.018-03/31/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATEDJ T( ) GENERAL AGGREGATELIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project Designated Project(s): General Aggregate(s): See Certificate of Liability Insurance attached. A. For all sums which the insured becomes legally 3. Any payments made under COVERAGE A. obligated to pay as damages caused by "occur- for damages or under COVERAGE C. for rences" under COVERAGE A. (SECTION 1), and medical expenses shall reduce the Desig- for all medical expenses caused by accidents un- nated Project General Aggregate Limit for der COVERAGE C (SECTION 1), which can be that designated "project". Such payments attributed only to operations at a single desig- shall not reduce the General Aggregate Limit nated "project" shown in the Schedule above: shown in the Declarations nor shall they re- 1. A separate Designated Project General Ag- duce any other Designated Project General gregate Limit applies to each designated "pro- Aggregate Limit for any other designated ject", and that limit is equal to the amount of "project"shown in the Schedule above. the General Aggregate Limit shown in the 4. The limits shown in the Declarations for Each Declarations, unless separate Designated Occurrence, Damage To Premises Rented Project General Aggregate(s) are sched- To You and Medical Expense continue to uled above, apply. However, instead of being subject to 2. The Designated Project General Aggregate the General Aggregate Limit shown in the Limit is the most we will pay for the sum of all Declarations, such limits will be subject to the damages under COVERAGE A., except applicable Designated Project General Ag- damages because of "bodily injury" or "prop- gregate Limit. erty damage" included in the "products- B. For all sums which the insured becomes legally completed operations hazard", and for medi- obligated to pay as damages caused by "occur- cal expenses under COVERAGE C, regard- rences" under COVERAGE A. (SECTION 1), and less of the number of: for all medical expenses caused by accidents un- a. Insureds; der COVERAGE C. (SECTION 1), which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule above: c. Persons or organizations making claims or bringing "suits". 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. vided, any payments for damages because of for damages or under COVERAGE C. for "bodily injury" or "property damage" included in medical expenses ehuU reduce the amount the ^produots-comp|mbed operations hazard" will available under the General Aggregate Limit reduce the Prod ucts-Comp|eted Operations Ag- or the Prod uots-Comp|eted Operations Ag- gregaheLimit. and not reduce the General Aggre- gregate Limit, whichever is applicable; and gmha Limit nor the Designated Project General 2. Such payments shall not reduce any Demig' Aggregate Limit. nated Project General Aggregate Limit. E. For the purposes of this endorsement the DeDni' C. Part 2. of SECTION III—LIMITS OFINSURANCE dons Section iaamended by the addition ofthe io deleted and replaced by the following: following definition: 2. The General Aggregate Limit iathe most we "Project" means an area away from premises will pay for the sum of: owned by or rented to you at which you are per- a. operations pursuant to a contract or a. DamogoaunderCovenm0� B� and agreement. For the purposes of determining the b. Damages from "occurrences" under applicable aggregate limit of insurance, each COVERAGE A (SECTION |) and for all "project" that includes premises involving the medical expenses ouuood by accidents same orconnecting |ota, or premises whose con- under COVERAGE C (SECTION |) which nmotion is interrupted only by a street, nuadwmy, cannot be attributed only to operations at waterway or right-of-way of a railroad shall be a single designated "pnoject' shown inthe considered a single "pnojeot" SCHEDULE above. F. The provisions of SECTION U| — LIMITS OF D. When coverage for liability arising out of the INSURANCE not otherwise modified by this en- "prod u cts-com pleted operations hazand" is pro- domement shall continue ho apply oastipulated. Page 2of2 Copyright, The Travelers Indemnity Company, 2OO4 CGD211UiU4 INSURED: Golden State Bridge, Inc. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT22CO8G905777TCT18 .. ' POLICY TERM: 03731/2018-03/31/2019- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ITI L INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED —(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for "bodily injury", requiring insurance" specifically requires you "property damage" or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of Insurance. for such loss, and we will not share with that "other insurance". But the insurance provided to b) The insurance provided to the additional in- the additional insured b this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible "other in- of damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- L The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 ! � COMMERCIAL GENERAL LIABILITY | � i Hm*, when and where the "occurrence" any provider of"other inouranco^ which would or offense took place; cover the additional insured for e loss we ii. The names and addresses of any injured under this endorsement. However, this d persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other inaur- � demegea/ieingoutofthe "ouournence" or anoe" available to the additional insured offense. which covers that person or organization aoa b) If claim is made or "suit" is brought against named insured as described in paragraph J. the additional insured, the additional insured above. must: 5. The following definition ia added to SECTION V. I. Immediately record the specifics of the —DEF|N|T0NS: claim or"suit" and the date received; and "Written contract requiring insurance" means � ii. Notify uoaa soon aepracticable. that part nf any written contract oragreement The additional insured must see to ii that we under which you are required to include a receive written notice of the claim or "suit" as person or organization as an additional in- sooneuned on this Coverage Part, provided that uepracticaN*� the "bodily injury" and "property damage" oo- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or ^sui[', cooperate e. After the signing and execution of the with us in the investigation or settlement uf contract or agreement byyou; the claim or defense against the "euit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement ioin effect; and fonam and indemnity of any claim or "suit" to c. Before the end of the policy period. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA HA -- 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- currence, after the effective date of the policy, mon Policy Condition are replaced by the follow- of one or more of the following: ing: (1) Nonpayment of premium, including pay- 2. All Policies In Effect For 60 Days Or Less ment due on a prior policy we issued and If this policy has been in effect for 60 days or due during the current policy term cover- less, and is not a renewal of a policy we have ing the same risks. previously issued, we may cancel this policy (2) Discovery of fraud or material misrepre- by mailing or delivering to the first Named In- sentation by: sured, at the mailing address shown in the (a) Any insured or his or her representa- policy, and to the producer of record, advance tive in obtaining this insurance; or written notice of cancellation, stating the rea- son for cancellation, at least: (b) You or your representative in pursu- ing a claim under this policy. a. 10 days before the effective date of can- cellation if we cancel for: (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 (2) Discovery of fraud by: necessary elements an act which materi- (a) Any insured or his or her repre- ally increases any of the risks insured sentative in obtaining this insur- against. ance; or (4) Discovery of willful or grossly negligent (b) You or your representative in acts or omissions, or of any violations of pursuing a claim under this pol- state laws or regulations establishing icy. safety standards, by you or your repre- sentative, which materially increase any b. 30 days before the effective date of can- of the risks insured against. cellation if we cancel for any other rea- son. (5) Failure by you or your representative to implement reasonable loss control re- 3. All Policies In Effect For More Than 60 Days quirements, agreed to by you as a condi- a. If this policy has been in effect for more than tion of policy issuance, or which were 60 days, or is a renewal of a policy we issued, conditions precedent to our use of a par- we may cancel this policy only upon the oc- 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 hoka in- b. We may not cancel this policy solely be- auredogainet. cause the first Named Insured has: � (G) A determination by the Commissioner of (1) Accepted an offer ofearthquake ouv' |nounancethatthe: ensge; or (u) Loss of, or changes in, our neinour- (2) Cancelled or did not renew e policy ance covering all or part of the risk issued by the California Earthquake � would threaten our financial integrity Authority (CEA) that included on or solvency; or earthquake policy premium aup chorge � (b) Continuation of the policy coverage � would: However, we shall cancel this policy ifthe (i) Place us in violation of California first Named Insured has accepted a new law or the laws of the oteba where o/ renewal policy issued by the CEA that we are domici|edor includes on earthquake policy premium ' surcharge but fails to pay the earthquake (ii) Threaten our solvency. policy premium surcharge authorized by (7) A change by you or your representative in the CEA. the activities or property of the oommer- c. We may not cancel such coverage solely � cia| or industrial enterprise, which »aau|to because corrosive soil conditions exist on in a materially added, increased or the premises. This restriction (n.) applies changed riok, un|000 the addnd, in' only if coverage is subject to one of the creased or changed risk is included in the fo||mwinQ, which exclude |oao or damage policy. caused bynr resulting from corrosive soil b. We will mail or deliver advance written notice conditions: of cancellation, stating the reason for cancel- `1) Commercial Property Coverage Part to Named Insured, at mail-' ' —Causes{D Loss—Special Form; or ing address shown in the po|iuy, and tothe producer of record, sdleast: (2) Farm Coverage Part — Causes Of Lnoa Form — Farm Property, Para- (1) 10 days before the effective date of can- graph O. Covered Causes Of Loss — ce||ahon if we cancel for nonpayment of Special. premium or discovery of fraud; or C. The following is added and supersedes any pro- (2) 30 days before the effective date of can- visions to the contrary: ce||ahonifvve cancel for any other reason Nnnvon*xvo| listed in Paragraph 3.m. B. The following provision is added to the CanceUa- 1' Subject to the provisions of Paragraphs C2. tion Common Policy Condition: and C.3. be|mw, if we elect not to renew this po|ioy, we will mail or deliver written notice. 7. Residential Property stating the reason fornonnanewai to the first This provision applies to coverage on neo| Named Insured shown in the Deo|arationo, property which is used predominantly for and to the producer of record, at least 60 residential purposes and consisting of not daya, but not more than 120 dayo, before the more than four dwelling unito, and to cover- expiration or anniversary date. age on tenants' household personal property We will mail or deliver our notice to the first in a residential unit, if such coverage is writ- Named |nouned, and to the producer of re- ten under one of the following: cord, at the mailing address shown in the po|' Commeroia| Property Coverage Part icy. Farm Coverage Part— Famn Pvoperty — Farm 2. Residential Property Dwe||ingo, Appurtenant Structures And This provision applies to coverage on vaa| Household Personal Property Coverage Form property used predominantly for residential o. If such coverage has been in effect for SO purposes and consisting of not more than four days or |ena, and is not a renewal ofoov' dwelling unite, and to coverage on tenants' amgovvepreviously ieeued, we may can- household property contained in a residential oa| this coverage for any reauon, except unit, if such coverage is written under one of as provided in b. and o. below. the following: Page of @|neunenue Gen/iome Office, Inc., 2012 |LU2 70 09 12 � � � Commercial Property Coverage Part hotheohongeainourneinaunanoepm- FannCovonagePart— FannPmpoh emon Property . Dwellings, Appurtenant Structures And c. We will not refuse to renew such cover- Household Pereonm| PropertyCovenaOeFonn age solely because the first Named |n- oured has cancelled or did not renew a o. We may elect not to renew such cover- age for any reason, except aa provided in po|icy, issued by the California Earth- b., c. and d. below. quake Authority, that included an earth- quokopo|icypremiumaurohmrge� b. We will not refuse to renew such cover- quake We will not refuse to renew such oover ago solely because the first Named |n' ' - oured has accepted an offer of earth- a0o eo|e|y because corrosive soil condi' quakeoovansge. Uono exist on the premises. This restric- tion (d.) applies only if coverage is eub- Hmwever, the following applies only to in- ]ect to one of the fo||ovving, which exclude ourerm who are associate participating in- |oaa o/ damage caused by or resulting eurera as established by Cal. Ins. Code from corrosive soil conditions: Section 10080.16, We may elect not to renew such coverage after the first (1) Commercial Property Coverage Part Named Insured has accepted an offer of —Cauaea OfLoaa—Special Form; or earthquake coveroge, if one or more of (2) Farm Coverage Pert — Causes Of the following reasons applies: Loss Form — Form Property, Para- (1) The nonrenewo| is based on sound graph D. Covered Causes DfLoae — undemvriting principles that relate to 8Peciai the coverages provided by this policy 3. We are not required to send notice ofnnnna- and that are consistent with the ap- nevvo| in the following situations: proved rating plan and related docu- a. |f the transfer or renewal of po|icy, vvith- mentn filed with the Department of out any changes in terme, conditions or Insurance as required by existing law; nataa, is between us and o member ofour (2) The Commissioner of Insurance finds insurance group. that the exposure to potential |naaea b. If the policy has been extended for QU will threaten our solvency or place us days or |eoa, provided that notice has in a hazardous condition. A hazard- been given in accordance with Paragraph ouo condition inc|uden butienot |im . - C.1. itedto. mcondiUon in which vvemake claims payments for |ooaeo n*eu|hnQ c If you have obtained replacement cover- from an earthquake that occurred aQa, or if the first Named Insured has within the preceding two years and ogreed, in writing. within GO days of the that required a reduction in policy- termination of the po|ioy, to obtain that holder surplus of at least 25% for coverage. payment of those claims; or d. If the policy is for o period of no more (3) We have: than GO days and you are notified at the time of issuance that it will not be re- (a) Lost orexperienced a substantial newed. reduction in the availability or scope of reinsurance coverage; e. If the first Named Insured requests or change in the terms or conditions orrisks covered by the policy within GO days of (b) Experienced a substantial in- the end of the policy period. crease in the premium charged f |fwe have made awr�en offer to the�� for reinsurance coverage of our ' Named Insured,residential property insurance ' in accordance with the policies; and timefnemes shown in Paragraph C.1., to renew the policy under changed terms or the Commissioner has approved m conditions or at an increased premium plan for the nonrenavva|o that is fair rate, when the increase exceeds 25%. and equitab|e, and that ie responsive |LD27OO9i2 @ Insurance Services Office, |no.. 2O13 Page 3of3 INSURED: Golden State Bridge, inc. COMMERCIAL AUTO POLICY NUMBER. DT8108G905777TCT18 POLICY TERM: 3/31/2018 to3/31/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURE - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 02 16 6 2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. INSURED: Golden-State Bridge, Inc. POLICY NT'BER: DT8108G905777TCT18 ; POLICY TERM:08f81/201$__03`3.1/20.1g --. 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.S., Transfer Of Rights Of Recovery Against Others 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. CA T 3 53 02 15 C C I Y 0 F Dwj, io',urm,.0 F',,'Hdgf� 2019408 SRI, C.HY-Sd'4GE ORE)ER C k j F,E'I FA, t`l C� DATEa 7/3'/2019 ccoh, I V.0M 2019-415 corltl-actol° Aect. t 100-86-824-700-702- $1,264,00 Golden Statc BridE,c 370 1 MaHard Dr�vc Bp,nicia, CA 94510 I'lie Following changes are hereby approved,notwithstanding language in any attachment to the contrary,Contractor agrees that the amount paid pursuant'hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every clairn for any cost'for schedule impact Such as a delay, impact,inefficiency,acceleration,extended overhead,increased supervision,compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Item Ullit Unit Cost Description QTY Cost No. LS $1 26400 ISeal and Tape grease caps using Viscotaq 1.001 $1,264.00 Change Order 1-Don Burnett Bridge Repair Page 1 a r ,lkm 13"-ur (Iu Y , dgale Pi 0"'elrrt h" l'rQ;h" ec^ O " CL) IfrBrT"0tII0, l ast al Change anus order a Illo d Total Projac�t: Original Contract 95,32j zq Ch'angc ordor i 40.1 $1,26 .00 Revised Contract $96,589.45 Total Change. Orders $1,264.00 Schedule Irripa:at: Project Final Corti pl:etion Date: 30-,Aug..19 APPROVED BY: APPROVED BY: A C i r Golden State Bridge City of Cvl5crtino William A Reames Roger Lee Vice President Director of Public Works � a Date: ..� :�,� �� Date: Change Order 1-Dan Burnett Bridge Repair Page 2