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18-139 Vintage Contractors, Sports Center Upgrades - LED Message Sign, Project No. 2017-19.02 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 7/6/2018 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). CONTACT PRODUCER James E. McGovern, Inc. James E. McGovern, Inc. NAME: FAX PHONE 1625 El Camino Real 650-593-8216650-594-9130 (A/C, No): (A/C, No, Ext): Belmont, CA 94002 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # www.jemins.com INSURER A :Gemini Insurance Company A+ XV10833 INSURED INSURER B :Ohio Casualty Insurance Company24074 Vintage Contractors Inc. INSURER C :Topa Insurance Company A- VII18031 2367 Ocean Avenue INSURER D :Everest National Insurance Company A+ XV10120 San Francisco CA 94127 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: 43026935 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. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY AVCGP0236594/15/20184/15/2019 EACH OCCURRENCE$ 33 1,000,000 DAMAGE TO RENTED CLAIMS-MADEOCCUR$ 3 50,000 PREMISES (Ea occurrence) MED EXP (Any one person)$ 5,000 PERSONAL & ADV INJURY$ 1,000,000 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 3 POLICYLOCPRODUCTS - COMP/OP AGG$ 2,000,000 JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY$ BBAO (19) 58 66 85 024/1/20184/1/2019 1,000,000 (Ea accident) 3 ANY AUTO BODILY INJURY (Per person)$ 3 OWNEDSCHEDULED BODILY INJURY (Per accident)$ 3 AUTOS ONLYAUTOS NON-OWNED HIREDPROPERTY DAMAGE $ 33 (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB CXL00200418-014/15/20184/15/2019 EACH OCCURRENCE$ 3 OCCUR 5,000,000 EXCESS LIAB 3 CLAIMS-MADEAGGREGATE$ 5,000,000 ** Follows Form ** $ DEDRETENTION$ PEROTH- WORKERS COMPENSATION D76000130241-814/1/20184/1/2019 3 STATUTEER AND EMPLOYERS' LIABILITY Y / N ANYP ROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ 1,000,000 N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ 1,000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Remove and construct new LED message sign @ Cupertino Sports Center, 21111 Stevens Creek Blvd, Cupertino Proj#2017-19.02 City of Cupertino, its directors, officers, agents and employees are named as Additional Insured & Primary Phrase: See Attached *30 day written Notice of Cancellation, except for non-pay of premium which is 10 days. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino CA 95014 AUTHORIZED REPRESENTATIVE Steve Suissa © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD 43026935 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/6/2018 3:36:14 PM (PDT) | Page 1 of 13 VCGP023659 Vintage Contractors Inc. 7/6/2018 Remove and construct new LED message sign @ Cupertino Sports Center, 21111 Stevens Creek Blvd, Cupertino Proj#2017-19.02 City of Cupertino, its directors, officers, agents and employees 43026935 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/6/2018 3:36:14 PM (PDT) | Page 2 of 13 43026935 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/6/2018 3:36:14 PM (PDT) | Page 3 of 13 COMMERCIALAUTO BAO (19) 58 66 85 02 CA88100113 Vintage Contractors Inc. THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. BUSINESSAUTOCOVERAGEENHANCEMENTENDORSEMENT Thisendorsementmodifiesinsuranceprovidedunderthefollowing: BUSINESSAUTOCOVERAGEFORM Withrespecttocoverageaffordedbythisendorsement,theprovisionsofthepolicyapplyunlessmodified bytheendorsement. COVERAGEINDEX SUBJECTPROVISIONNUMBER ADDITIONALINSUREDBYCONTRACT,AGREEMENTORPERMIT3 ACCIDENTALAIRBAGDEPLOYMENT12 AMENDEDDUTIESINTHEEVENTOFACCIDENT,CLAIM,SUITORLOSS19 AMENDEDFELLOWEMPLOYEEEXCLUSION5 AUDIO,VISUALANDDATAELECTRONICEQUIPMENTCOVERAGE13 BROADFORMINSURED1 BODILYINJURYREDEFINED22 EMPLOYEESASINSUREDS(includingemployeehiredauto)2 EXTENDEDCANCELLATIONCONDITION23 EXTRAEXPENSE-BROADENEDCOVERAGE10 GLASSREPAIR-WAIVEROFDEDUCTIBLE15 HIREDAUTOPHYSICALDAMAGE(includingemployeehiredautoandlossofuse)6 HIREDAUTOCOVERAGETERRITORY20 LOAN/LEASEGAP14 PARKEDAUTOCOLLISIONCOVERAGE(WAIVEROFDEDUCTIBLE)16 PERSONALEFFECTSCOVERAGE11 PHYSICALDAMAGE-ADDITIONALTRANSPORTATIONEXPENSECOVERAGE8 RENTALREIMBURSEMENT9 SUPPLEMENTARYPAYMENTS4 TOWINGANDLABOR7 TWOORMOREDEDUCTIBLES17 UNINTENTIONALFAILURETODISCLOSEHAZARDS18 WAIVEROFTRANSFEROFRIGHTSOFRECOVERYAGAINSTOTHERSTOUS20 SECTIONII-LIABILITYCOVERAGE isamendedasfollows: 1.BROADFORMINSURED 68 of SECTIONII-LIABILITYCOVERAGE,paragraph A.1.-WHOISANINSUREDisamendedtoinclude thefollowingasaninsured: d.Anylegallyincorporatedentityofwhichyouownmorethan50percentofthevotingstock 52 duringthepolicyperiod.However,"insured"doesnotincludeanyorganizationthat: (1)Isapartnershiporjointventure;or (2)Isaninsuredunderanyotherautomobilepolicy;or (3)HasexhausteditsLimitofInsuranceunderanyotherautomobilepolicy. Paragraph d.(2)ofthisprovisiondoesnotapplytoapolicywrittentoapplyspecificallyin excessofthispolicy. e.Anyorganizationyounewlyacquireorform,otherthanapartnershiporjointventure,ofwhich youownmorethan50percentofthevotingstock.Thisautomaticcoverageisaffordedonlyfor 180daysfromthedateofacquisitionorformation.However,coverageunderthisprovision doesnotapply: (1)Ifthereissimilarinsuranceoraself-insuredretentionplanavailabletothatorganization; 2013LibertyMutualInsurance CA88100113 IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission.Page1of7 43026935 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/6/2018 3:36:14 PM (PDT) | Page 4 of 13 (2)IftheLimitsofInsuranceofanyotherinsurancepolicyhavebeenexhausted;or (3)To"bodilyinjury"or"propertydamage"thatoccurredbeforeyouacquiredorformedthe organization. 2.EMPLOYEESASINSUREDS SECTIONII-LIABILITYCOVERAGE,paragraph A.1.-WHOISANINSUREDisamendedtoinclude thefollowingasaninsured: f.Any"employee"ofyourswhileusingacovered"auto"youdonotown,hireorborrow,but onlyforactswithinthescopeoftheiremploymentbyyou.Insuranceprovidedbythisendorse- mentisexcessoveranyotherinsuranceavailabletoany"employee". g.An"employee"ofyourswhileoperatingan"auto"hiredorborrowedunderawrittencontract oragreementinthat"employee's"name,withyourpermission,whileperformingdutiesre- latedtotheconductofyourbusinessandwithinthescopeoftheiremployment.Insurance providedbythisendorsementisexcessoveranyotherinsuranceavailabletothe"employee". 3.ADDITIONALINSUREDBYCONTRACT,AGREEMENTORPERMIT 56220117 SECTIONII-LIABILITYCOVERAGE,paragraph A.1.-WHOISANINSUREDisamendedtoinclude thefollowingasaninsured: h.Anypersonororganizationwithrespecttotheoperation,maintenanceoruseofacovered "auto",providedthatyouandsuchpersonororganizationhaveagreedinawrittencontract, 001142 agreement,orpermitissuedtoyoubygovernmentalorpublicauthority,toaddsuchperson,or organization,orgovernmentalorpublicauthoritytothispolicyasan"insured". However,suchpersonororganizationisan"insured": (1)Onlywithrespecttotheoperation,maintenanceoruseofacovered"auto"; (2)Onlyfor"bodilyinjury"or"propertydamage"causedbyan"accident"whichtakes placeafteryouexecutedthewrittencontractoragreement,orthepermithasbeen 270 issuedtoyou;and (3)Onlyforthedurationofthatcontract,agreementorpermit 4.SUPPLEMENTARYPAYMENTS SECTIONII-LIABILITYCOVERAGE,CoverageExtensions,2.a.SupplementaryPayments,para- graphs(2)and(4)arereplacedbythefollowing: (2)Upto$3,000forcostofbailbonds(includingbondsforrelatedtrafficviolations)required becauseofan"accident"wecover.Wedonothavetofurnishthesebonds. (4)Allreasonableexpensesincurredbytheinsuredatourrequest,includingactuallossofearn- ingsupto$500adaybecauseoftimeofffromwork. 5.AMENDEDFELLOWEMPLOYEEEXCLUSION Inthosejurisdictionswhere,bylaw,fellowemployeesarenotentitledtotheprotectionaffordedto 68 theemployerbytheworkerscompensationexclusivityrule,orsimilarprotection,thefollowing of provisionisadded: SECTIONII-LIABILITY,exclusion B.5.FELLOWEMPLOYEEdoesnotapplyifthe"bodilyinjury" resultsfromtheuseofacovered"auto"youownorhire. 53 SECTIONIII-PHYSICALDAMAGECOVERAGE isamendedasfollows: 6.HIREDAUTOPHYSICALDAMAGE Paragraph A.4.CoverageExtensionsofSECTIONIII-PHYSICALDAMAGECOVERAGE,isamended byaddingthefollowing: Ifhired"autos"arecovered"autos"forLiabilityCoverage,andifComprehensive,Specified CausesofLossorCollisioncoverageareprovidedundertheBusinessAutoCoverageFormforany "auto"youown,thenthePhysicalDamagecoveragesprovidedareextendedto"autos": a.Youhire,rentorborrow;or 2013LibertyMutualInsurance CA88100113 IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission.Page2of7 43026935 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/6/2018 3:36:14 PM (PDT) | Page 5 of 13 b.Your"employee"hiresorrentsunderawrittencontractoragreementinthat"employee's" name,butonlyifthedamageoccurswhilethevehicleisbeingusedintheconductofyour business, subjecttothefollowinglimitanddeductible: A.Themostwewillpayfor"loss"inanyone"accident"or"loss"isthesmallestof: (1)$50,000;or (2)Theactualcashvalueofthedamagedorstolenpropertyasofthetimeofthe"loss";or (3)Thecostofrepairingorreplacingthedamagedorstolenpropertywithotherpropertyof likekindandquality,minusadeductible. B.Thedeductiblewillbeequaltothelargestdeductibleapplicabletoanyowned"auto"forthat coverage. C.Subjecttothelimit,deductibleandexcessprovisionsdescribedinthisprovision,wewill providecoverageequaltothebroadestcoverageapplicabletoanycovered"auto"youown. D.Subjecttoamaximumof$1,000per"accident",wewillalsocovertheactuallossofuseofthe hired"auto"ifitresultsfroman"accident",youarelegallyliableandthelessorincursan actualfinancialloss. E.Thiscoverageextensiondoesnotapplyto: (1)Any"auto"thatishired,rentedorborrowedwithadriver;or (2)Any"auto"thatishired,rentedorborrowedfromyour"employee". Forthepurposesofthisprovision,SECTIONV-DEFINITIONSisamendedbyaddingthefollowing: "Totalloss"meansa"loss"inwhichthecostofrepairsplusthesalvagevalueexceedstheactual cashvalue. 7.TOWINGANDLABOR SECTIONIII-PHYSICALDAMAGECOVERAGE,paragraph A.2.Towing,isamendedbytheaddition ofthefollowing: Wewillpaytowingandlaborcostsincurred,uptothelimitsshownbelow,eachtimeacovered "auto"classifiedandratedasaprivatepassengertype,"lighttruck"or"mediumtruck"isdis- abled: a.Forprivatepassengertypevehicles,wewillpayupto$50perdisablement. b.For"lighttrucks",wewillpayupto$50perdisablement."Lighttrucks"aretrucksthathavea grossvehicleweight(GVW)of10,000poundsorless. c.For"mediumtrucks",wewillpayupto$150perdisablement."Mediumtrucks"aretrucksthat haveagrossvehicleweight(GVW)of10,001-20,000pounds. However,thelabormustbeperformedattheplaceofdisablement. 68 8.PHYSICALDAMAGE-ADDITIONALTRANSPORTATIONEXPENSECOVERAGE of Paragraph A.4.a.,CoverageExtensionofSECTIONIII-PHYSICALDAMAGECOVERAGE,isamend- edtoprovidealimitof$50perdayandamaximumlimitof$1,500 54 2013LibertyMutualInsurance CA88100113 IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission.Page3of7 43026935 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/6/2018 3:36:14 PM (PDT) | Page 6 of 13 9.RENTALREIMBURSEMENT SECTIONIII-PHYSICALDAMAGECOVERAGE,A.COVERAGE,isamendedbyaddingthefollowing: a.Wewillpayupto$75perdayforrentalreimbursementexpensesincurredbyyoufortherental ofan"auto"becauseof"accident"or"loss",toan"auto"forwhichwealsopaya"loss" underComprehensive,SpecifiedCausesofLossorCollisionCoverages.Wewillpayonlyfor thoseexpensesincurredafterthefirst24hoursfollowingthe"accident"or"loss"tothe covered"auto." b.RentalReimbursementwillbebasedontherentalofacomparablevehicle,whichinmany casesmaybesubstantiallylessthan$75perday,andwillonlybeallowedfortheperiodof timeitshouldtaketorepairorreplacethevehiclewithreasonablespeedandsimilarquality,up toamaximumof30days. c.Wewillalsopayupto$500forreasonableandnecessaryexpensesincurredbyyoutoremove andreplaceyourtoolsandequipmentfromthecovered"auto". d.Thiscoveragedoesnotapplyunlessyouhaveabusinessnecessitythatother"autos"avail- 56220117 ableforyouruseandoperationcannotfill. e.If"loss"resultsfromthetotaltheftofacovered"auto"oftheprivatepassengertype,wewill payunderthiscoverageonlythatamountofyourrentalreimbursementexpenseswhichisnot alreadyprovidedunderParagraph 4.CoverageExtension. 001142 f.Nodeductibleappliestothiscoverage. Forthepurposesofthisendorsementprovision,materialsandequipmentdonotinclude"personal effects"asdefinedinprovision 11. 10.EXTRAEXPENSE-BROADENEDCOVERAGE UnderSECTIONIII-PHYSICALDAMAGECOVERAGE,A.COVERAGE,wewillpayfortheexpenseof returningastolencovered"auto"toyou.Themaximumamountwewillpayis$1,000. 270 11.PERSONALEFFECTSCOVERAGE A.SECTIONIII-PHYSICALDAMAGECOVERAGE,A.COVERAGE,isamendedbyaddingthe following: IfyouhavepurchasedComprehensiveCoverageonthispolicyforan"auto"youownandthat "auto"isstolen,wewillpay,withoutapplicationofadeductible,upto$600for"personal effects"stolenwiththe"auto." Theinsuranceprovidedunderthisprovisionisexcessoveranyothercollectibleinsurance. B.SECTIONV-DEFINITIONSisamendedbyaddingthefollowing: Forthepurposesofthisprovision,"personaleffects"meantangiblepropertythatiswornor carriedbyaninsured.""Personaleffects"doesnotincludetools,equipment,jewelry,money orsecurities. 68 12.ACCIDENTALAIRBAGDEPLOYMENT of SECTIONIII-PHYSICALDAMAGECOVERAGE,B.EXCLUSIONSisamendedbyaddingthefollow- ing: IfyouhavepurchasedComprehensiveorCollisionCoverageunderthispolicy,theexclusionfor 55 "loss"relatingtomechanicalbreakdowndoesnotapplytotheaccidentaldischargeofanairbag. Anyinsuranceweprovideshallbeexcessoveranyothercollectibleinsuranceorreimbursementby manufacturer'swarranty.However,weagreetopayanydeductibleapplicabletotheothercov- erageorwarranty. 13.AUDIO,VISUALANDDATAELECTRONICEQUIPMENTCOVERAGE SECTIONIII-PHYSICALDAMAGECOVERAGE,B.EXCLUSIONS,exceptionparagraph a.toexclu- sions 4.c.and 4.d.isdeletedandreplacedwiththefollowing: 2013LibertyMutualInsurance CA88100113 IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission.Page4of7 43026935 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/6/2018 3:36:14 PM (PDT) | Page 7 of 13 Exclusion 4.c.and 4.d.donotapplyto: a.Electronicequipmentthatreceivesortransmitsaudio,visualordatasignals,whetherornot designedsolelyforthereproductionofsound,iftheequipmentispermanentlyinstalledinthe covered"auto"atthetimeofthe"loss"andsuchequipmentisdesignedtobesolelyoperated byuseofthepowerfromthe"auto's"electricalsystem,inoruponthecovered"auto"and physicaldamagecoveragesareprovidedforthecovered"auto";or Ifthe"loss"occurssolelytoaudio,visualordataelectronicequipmentoraccessoriesusedwith thisequipment,thenourobligationtopayfor,repair,returnorreplacedamagedorstolenproperty willbereducedbya$100deductible. 14.LOAN/LEASEGAPCOVERAGE A.Paragraph C.,LIMITOFINSURANCEofSECTIONIII-PHYSICALDAMAGECOVERAGEis amendedbyaddingthefollowing: Themostwewillpayfora"totalloss"toacovered"auto"ownedbyorleasedtoyouinany one"accident"isthegreaterofthe: 1.Balancedueunderthetermsoftheloanorleasetowhichthedamagedcovered"auto"is subjectatthetimeofthe"loss"lesstheamountof: a.Overduepaymentsandfinancialpenaltiesassociatedwiththosepaymentsasofthe dateofthe"loss", b.Financialpenaltiesimposedunderaleaseduetohighmileage,excessiveuseorab- normalwearandtear, c.Costsforextendedwarranties,CreditLifeInsurance,Health,AccidentorDisability Insurancepurchasedwiththeloanorlease, d.Transferorrolloverbalancesfrompreviousloansorleases, e.Finalpaymentdueundera"BalloonLoan", f.Thedollaramountofanyunrepaireddamagewhichoccurredpriortothe"totalloss" ofacovered"auto", g.Securitydepositsnotrefundedbyalessor, h.Allrefundspayableorpaidtoyouasaresultoftheearlyterminationofalease agreementorasaresultoftheearlyterminationofanywarrantyorextendedservice agreementonacovered"auto", i.Anyamountrepresentingtaxes, j.Loanorleaseterminationfees;or 2.Theactualcashvalueofthedamageorstolenpropertyasofthetimeofthe"loss". Anadjustmentfordepreciationandphysicalconditionwillbemadeindeterminingtheactual cashvalueatthetimeofthe"loss".ThisadjustmentisnotapplicableinTexas. 68 of B.ADDITIONALCONDITIONS Thiscoverageappliesonlytotheoriginalloanforwhichthecovered"auto"thatincurredthe lossservesascollateral,orleasewrittenonthecovered"auto"thatincurredtheloss. 56 C.SECTIONV-DEFINTIONSischangedbyaddingthefollowing: Asusedinthisendorsementprovision,thefollowingdefinitionsapply: "Totalloss"meansa"loss"inwhichthecostofrepairsplusthesalvagevalueexceedsthe actualcashvalue. A"balloonloan"isonewithperiodicpaymentsthatareinsufficienttorepaythebalanceover thetermoftheloan,therebyrequiringalargefinalpayment. 2013LibertyMutualInsurance CA88100113 IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission.Page5of7 43026935 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/6/2018 3:36:14 PM (PDT) | Page 8 of 13 15.GLASSREPAIR-WAIVEROFDEDUCTIBLE Paragraph D.Deductible ofSECTIONIII-PHYSICALDAMAGECOVERAGEisamendedbythe additionofthefollowing: Nodeductibleappliestoglassdamageiftheglassisrepairedratherthanreplaced. 16.PARKEDAUTOCOLLISIONCOVERAGE(WAIVEROFDEDUCTIBLE) Paragraph D.Deductible ofSECTIONIII-PHYSICALDAMAGECOVERAGEisamendedbythe additionofthefollowing: Thedeductibledoesnotapplyto"loss"causedbycollisiontosuchcovered"auto"oftheprivate passengertypeorlightweighttruckwithagrossvehicleweightof10,000lbs.orlessasdefinedby themanufacturerasmaximumloadedweightthe"auto"isdesignedtocarrywhileitis: a.Inthechargeofan"insured"; b.Legallyparked;and c.Unoccupied. 56220117 The"loss"mustbereportedtothepoliceauthoritieswithin24hoursofknowndamage. Thetotalamountofthedamagetothecovered"auto"mustexceedthedeductibleshowninthe Declarations. Thisprovisiondoesnotapplytoany"loss"ifthecovered"auto"isinthechargeofanypersonor organizationengagedintheautomobilebusiness. 001142 17.TWOORMOREDEDUCTIBLES UnderSECTIONIIIPHYSICALDAMAGECOVERAGE,iftwoormorecompanypoliciesorcoverage formsapplytothesameaccident,thefollowingappliestoparagraphD.Deductible: a.IftheapplicableBusinessAutodeductibleisthesmaller(orsmallest)deductibleitwillbe waived;or 270 b.IftheapplicableBusinessAutodeductibleisnotthesmaller(orsmallest)deductibleitwillbe reducedbytheamountofthesmaller(orsmallest)deductible;or c.IfthelossinvolvestwoormoreBusinessAutocoverageformsorpoliciesthesmaller(or smallest)deductiblewillbewaived. ForthepurposeofthisendorsementcompanymeansanycompanythatispartoftheLiberty MutualGroup. SECTIONIV-BUSINESSAUTOCONDITIONSisamendedasfollows: 18.UNINTENTIONALFAILURETODISCLOSEHAZARDS SECTIONIV-BUSINESSAUTOCONDITIONS,Paragraph B.2.isamendedbyaddingthefollowing: Ifyouunintentionallyfailtodiscloseanyhazards,exposuresormaterialfactsexistingasofthe inceptiondateorrenewaldateoftheBusinessAutoCoverageForm,thecoverageaffordedbythis policywillnotbeprejudiced. 68 of However,youmustreporttheundisclosedhazardofexposureassoonaspracticableafterits discovery,andwehavetherighttocollectadditionalpremiumforanysuchhazardorexposure. 19.AMENDEDDUTIESINTHEEVENTOFACCIDENT,CLAIM,SUIT,ORLOSS 57 SECTIONIV-BUSINESSAUTOCONDITIONS,paragraph A.2.a.isreplacedinitsentiretybythe following: a.Intheeventof"accident",claim,"suit"or"loss",youmustpromptlynotifyuswhenitis knownto: 1.You,ifyouareanindividual; 2.Apartner,ifyouareapartnership; 3.Member,ifyouarealimitedliabilitycompany; 4.Anexecutiveofficerorthe"employee"designatedbytheNamedInsuredtogivesuch notice,ifyouareacorporation. 2013LibertyMutualInsurance CA88100113 IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission.Page6of7 43026935 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/6/2018 3:36:14 PM (PDT) | Page 9 of 13 Totheextentpossible,noticetousshouldinclude: (1)How,whenandwherethe"accident"or"loss"tookplace; (2)The"insureds"nameandaddress;and (3)Thenamesandaddressesofanyinjuredpersonsandwitnesses. 20.WAIVEROFTRANSFEROFRIGHTSOFRECOVERYAGAINSTOTHERSTOUS SECTIONIV-BUSINESSAUTOCONDITIONS,paragraph A.5.,TransferofRightsofRecovery AgainstOtherstoUs,isamendedbytheadditionofthefollowing: Ifthepersonororganizationhaswaivedthoserightsbeforean"accident"or"loss",ourrightsare waivedalso. 21.HIREDAUTOCOVERAGETERRITORY SECTIONIV-BUSINESSAUTOCONDITIONS,paragraph B.7.,PolicyPeriod,CoverageTerritory,is amendedbytheadditionofthefollowing: f.For"autos"hired30daysorless,thecoverageterritoryisanywhereintheworld,providedthat theinsured'sresponsibilitytopayfordamagesisdeterminedina"suit",onthemerits,inthe UnitedStates,theterritoriesandpossessionsoftheUnitedStatesofAmerica,PuertoRicoor Canadaorinasettlementweagreeto. Thisextensionofcoveragedoesnotapplytoan"auto"hired,leased,rentedorborrowedwith adriver. SECTIONV-DEFINITIONSisamendedasfollows: 22.BODILYINJURYREDEFINED UnderSECTIONV-DEFINTIONS,definition C.isreplacedbythefollowing: "Bodilyinjury"meansphysicalinjury,sicknessordiseasesustainedbyaperson,includingmental anguish,mentalinjury,shock,frightordeathresultingfromanyoftheseatanytime. COMMMONPOLICYCONDITIONS 23.EXTENDEDCANCELLATIONCONDITION COMMONPOLICYCONDITIONS,paragraph A.-CANCELLATIONconditionappliesexceptasfol- lows: Ifwecancelforanyreasonotherthannonpaymentofpremium,wewillmailtothefirstNamed Insuredwrittennoticeofcancellationatleast60daysbeforetheeffectivedateofcancellation.This provisiondoesnotapplyinthosestateswhichrequiremorethan60dayspriornoticeofcancella- tion. Additional Insured(s): City of Cupertino, its directors, officers, agents and employees 68 of 58 2013LibertyMutualInsurance CA88100113 IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission.Page7of7 43026935 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/6/2018 3:36:14 PM (PDT) | Page 10 of 13 VCGP023659 Vintage Contractors Inc. 4/15/2018 City of Cupertino, its directors, officers, agents and employees 43026935 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/6/2018 3:36:14 PM (PDT) | Page 11 of 13 VCGP023659 Vintage Contractors Inc. 7/6/2018 Remove and construct new LED message sign @ Cupertino Sports Center, 21111 Stevens Creek Blvd, Cupertino Proj#2017-19.02 City of Cupertino, its directors, officers, agents and employees 43026935 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/6/2018 3:36:14 PM (PDT) | Page 12 of 13 43026935 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/6/2018 3:36:14 PM (PDT) | Page 13 of 13 Callander Associates Landscape Architecture RE-BID Callander Associates Landscape Architecture RE-BID Callander Associates Landscape Architecture RE-BID Callander Associates Landscape Architecture RE-BID Callander Associates Landscape Architecture RE-BID Callander Associates Landscape Architecture RE-BID RE-BID RE-BID ¾ Notice Inviting Bids BidAcceptance.The City of Cupertino (“City”)will accept sealedbids for its Sports Center Upgrades-LED MessageSign Re-Bid Project (“Project”), by orbefore June 26, 2018, at2:00 pm., at the City Clerk’s Office, located at10300 Torre Avenue, Cupertino, California, 95014 at whichtimethebids willbe publiclyopenedintheCity Hall lobbyand read aloud. The City may,acting in its sole discretion,reject anyand allbids, and may waiveany immaterialdeviation from the bid requirements to the full extent permitted bylaw. Project Information. 2.1 Location and Description.The Project islocatedat the Cupertino Sports Center 21111 Stevens Creek Boulevard, Cupertino, CA95014 on thecorner of Stevens Creek Boulevard and North StellingAvenue and isdescribed as follows:Remove existing monumentsign,prepare site, and construct new concrete monument sign with integral, electronic LED message boardaccording theproject plans, specifications,and project manual. 2.2 Time for Completion.The planned timeframefor commencementand completion of constructionof theProject is:Sixty (60) working days from the City Notice toProceed. 2.3Estimated Cost.The estimated construction cost is$0,000. License and RegistrationRequirements. 3.1 License.This Project requiresavalid California contractor’slicense foronethe following classifications:General A, C-8 Concrete, or C-29 Masonry 3.2DIR Registration. Citymaynot accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code section 1725.5, subject to limited legal exceptions. 4.Contract Documents.The plans, specifications, bidformsand contract documents for the Project,and any addenda thereto (“Contract Documents”) are available in electronic form only, and may be downloaded from City’swebsiteunder “Open Bids” at: and may also be available from a local http://www.cupertino.org/i-want-to/bid-on/open-bids or regional plan room or trade journal. 5.Bid Security.The Bid Proposal must be accompanied by bid security of ten percentof the maximum bid amount, in the form of a cashier’s or certified check made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents.The bid security must guarantee that Sports Center Upgrades-LED Message Sign Re-Bid NOTICE INVITING BIDS Project Number 2017-19.02 Page 1 within ten days after City issues the Notice of Award, the successful bidder will execute the Contract and submit the payment and performance bonds and insurance certificates and endorsements,and any other submittals as required by the Contract Documents and specified in the Notice of Award. Prevailing Wage Requirements. 6.1General.This Projectis subject to theprevailingwage requirements applicableto the locality inwhich theWork is to be performed for each craft, classificationor typeof worker needed to perform theWork, including employer payments for healthandwelfare, pension, vacation, apprenticeship and similar purposes. 6.2Rates.These prevailing ratesare on filewith the City and availableonline at http://www.dir.ca.gov/DLSR.EachContractor and Subcontractor must pay no less than the specified rates toallworkers employed toworkon theProject.The scheduleof per diem wagesis based uponaworking dayof eight hours. The rate for holiday and overtime work must be atleasttime andone-half. 6.3 Compliance.The Contractwillbe subject to compliance monitoring and enforcement by theDIR,underLabor Code section 1771.4. Performance andPayment Bonds.The successfulbidderwill be requiredto provide performanceand payment bonds, each for 100% of the Contract Price. Substitution of Securities.Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted underPublic Contract Codesection 22300. Subcontractor List.EachSubcontractor must be registeredwith the DiR to perform work on public projects.Each bidder must submita completedSubcontractorList form withitsBid Proposal, includingthe name,location ofthe placeof business, California contractorlicense number,DIR registration number, and percentage of theWorkto be performed (based on the BaseBid)foreach Subcontractor thatwillperform work or service or fabricate orinstallwork for the prime contractorin excess of one-half of 1% of thebidprice or, for constructionof streetsand highways, $10,000 (whicheveris greater), using the Subcontractor List form includedwith the Contract Documents. Subcontractor Limit.The prime contractor is required to self-perform at least45%of the Workon the Project, as further specified in the Instructions toBidders onJune 19th,2018at 10:00 am, atthe Cupertino SportsCenter21111Stevens Creek Boulevard,Cupertino, CA95014 The bidders’ conferencei snot mandatory 12.Instructions toBidders.All bidders shouldcarefully reviewthe Instructions to Bidders beforesubmitting a Bid Proposal. END OF NOTICE INVITING BIDS Sports Center Upgrades-LED Message Sign Re-Bid NOTICE INVITING BIDS Project Number 2017-19.02 Page 2 PUBLIC WORKS DEPARTMENT 10300 TORRE AVENUE CUPERTINO, CALIFORNIA 95014 PROJECT MANUAL FOR THE SPORTS CENTER UPGRADES- LED MESSAGE SIGNRE-BID Bid Date: June 26, 2018 Project Number: 2017-19.02 PROJECT MANUAL FOR SPORTS CENTER UPGRADES-LEDMESSAGE SIGNRE-BID PROJECT NO. 2017-19.02 REVIEWED BY: _________________________ Michael Zimmermann CIP Program Manager APPROVED BY: _________________________ Timm Borden Director of Public Works PROJECT DIRECTORY Project Name: SPORTS CENTER UPGRADES-LED MESSAGE SIGNRE-BID Project Number: 2017-19.02 Location: Cupertino Sports Center 21111 Stevens Creek Boulevard Cupertino, CA 95014 City Representative:City of Cupertino Michael Zimmermann Public Works Department 10300 Torre Avenue Cupertino, CA 95014 PH: 408-777-3354 FX: 408-777-3333 e-mail: michaelz@cupertino.org Address for Stop Notices:City of Cupertino Michael Zimmermann Public Works Department 10300Torre Avenue Cupertino, CA 95014 PH: 408-777-3354 FX: 408-777-3333 e-mail: michaelz@cupertino.org Architect of Record:Callander Associates Landscape Architecture, Inc. 300 South First Street Ste. 232 San Jose, CA 95113 408 275-0565 Engineer of Record: Zeiger Engineers, Inc 478 3rd Street Oakland, CA 94607 510 452-9391 Structural EngineerBiggs Cardosa Associates, Inc. 865 The Alameda San Jose, CA 95126 408 296-5515 ConstructionManager: Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 PH: 408-660-4428 TABLE OF CONTENTS Notice Inviting Bids....................................................................................................................... 1 Instructions to Bidders................................................................................................................. 3 Bid Proposal................................................................................................................................... 9 Bid Schedule................................................................................................................................11 Subcontractor List.......................................................................................................................12 Noncollusion Declaration...........................................................................................................13 Bid Bond.......................................................................................................................................14 Bidder’s Questionnaire...............................................................................................................16 Contract........................................................................................................................................21 Payment Bond..............................................................................................................................25 Performance Bond......................................................................................................................27 . General Conditions.....................................................................................................................29 Article 1 – Definitions..................................................................................................................29 Definitions..................................................................................................................................29 Article 2 - Roles and Responsibilities.......................................................................................32 2.1City................................................................................................................................32 2.2Contractor......................................................................................................................32 2.3Subcontractors..............................................................................................................34 2.4Coordination of Work.....................................................................................................34 2.5Submittals......................................................................................................................35 2.6Shop Drawings..............................................................................................................36 Article 3 - Contract Documents..................................................................................................36 3.1Interpretation of Contract Documents...........................................................................36 3.2Order of Precedence.....................................................................................................37 3.3Caltrans Standard Specifications..................................................................................37 3.4For Reference Only.......................................................................................................38 3.5Current Versions...........................................................................................................38 3.6Conformed Copies........................................................................................................38 Article4- Bonds, Indemnity, and Insurance............................................................................38 4.1Payment and Performance Bonds................................................................................38 4.2Indemnity.......................................................................................................................39 4.3Insurance.......................................................................................................................39 Article 5 - Contract Time.............................................................................................................42 5.1Time is of the Essence..................................................................................................42 5.2Schedule Requirements................................................................................................43 5.3Delay and Extensions of Contract Time........................................................................44 5.4Liquidated Damages.....................................................................................................47 Article 6 - Contract Modification................................................................................................48 6.1Contract Modification and Changes in Work................................................................. 48 6.2Contractor Change Order Requests.............................................................................49 6.3Adjustments to Contract Price.......................................................................................50 6.4Unilateral Change Order...............................................................................................50 6.5Non-Compliance Deemed Waiver.................................................................................50 Article 7 - General Construction Provisions.............................................................................51 7.1Permits and Taxes........................................................................................................51 7.2Temporary Facilities......................................................................................................51 7.3Noninterference and Additional Work Areas................................................................. 51 7.4Signs..............................................................................................................................52 7.5Worksite and Nearby Property Protections. ................................................................. 52 7.6Materialsand Equipment...............................................................................................53 7.7Substitutions..................................................................................................................54 i 7.8Inspection and Testing..................................................................................................55 7.9Worksite Conditions and Maintenance..........................................................................56 7.10 Instructions and Manuals..............................................................................................58 7.11 As-built Drawings..........................................................................................................58 7.12 Existing Utilities.............................................................................................................58 7.13 Notice of Excavation......................................................................................................58 7.14 Trenching and Excavations of Four Feet or More.........................................................59 7.15 Trenching of Five Feet or More.....................................................................................59 7.16New Utility Connections................................................................................................59 7.17 Lines and Grades..........................................................................................................60 7.18Historic or Archeological Items......................................................................................60 7.19Recycling and Waste Disposal......................................................................................60 7.20 Storm Water Pollution Control.......................................................................................61 7.21 Traffic Control and Public Safety...................................................................................70 7.22 Noise Control.................................................................................................................71 7.23 Fire Protection Plan.......................................................................................................71 Article 8 - Payment......................................................................................................................71 8.1Schedule of Values.......................................................................................................71 8.2Progress Payments.......................................................................................................72 8.3Adjustment of Payment Application..............................................................................72 8.4Early Occupancy...........................................................................................................73 8.5Retention.......................................................................................................................73 8.6Setoff.............................................................................................................................73 8.7Payment to Subcontractors and Suppliers....................................................................73 8.8Final Payment...............................................................................................................74 8.9Release of Claims.........................................................................................................74 8.10 Warranty of Title............................................................................................................74 Article 9 - Labor Provisions........................................................................................................74 9.1Discrimination Prohibited...............................................................................................74 9.2Labor Code Requirements............................................................................................74 9.3Prevailing Wages..........................................................................................................75 9.4Payroll Records.............................................................................................................75 9.5Labor Compliance.........................................................................................................76 Article 10 - Safety Provisions.....................................................................................................76 10.1 Safety Precautions and Programs................................................................................76 10.2 Hazardous Materials.....................................................................................................76 10.3 Material Safety..............................................................................................................76 10.4 Hazardous Condition.....................................................................................................77 Article 11 - Completion and Warranty Provisions....................................................................77 11.1 Final Completion...........................................................................................................77 11.2 Warranty........................................................................................................................78 11.3 Use Prior to Final Completion.......................................................................................79 11.4 Substantial Completion................................................................................................. 79 Article 12 - Dispute Resolution..................................................................................................79 12.1 Claims............................................................................................................................79 12.2 Claims Submission........................................................................................................80 12.3 City’s Response............................................................................................................81 12.4 Meet and Confer............................................................................................................81 12.5 Mediation and Government Code Claims.....................................................................82 12.6 Tort Claims....................................................................................................................82 12.7 Arbitration......................................................................................................................82 12.8 Damages.......................................................................................................................82 12.9 Other Disputes..............................................................................................................83 Article 13 - Suspension and Termination..................................................................................83 13.1 Suspension for Cause...................................................................................................83 13.2 Suspension for Convenience........................................................................................83 ii 13.3 Termination for Default..................................................................................................83 13.4Termination for Convenience........................................................................................84 13.5 Effect of Any Contract Termination...............................................................................84 Article 14 - Miscellaneous Provisions.......................................................................................84 14.1 Assignment of Unfair Business Practice Claims...........................................................84 14.2 Provisions Deemed Inserted.........................................................................................85 14.3 Waiver...........................................................................................................................85 14.4 Titles, Headings, and Groupings...................................................................................85 14.5Statutory and Regulatory References...........................................................................85 Special Conditions............................................................................. Project Forms...............................................................................................................................90 Substitution Request Form...............................................................................................91 Indemnity Agreement.......................................................................................................93 Release of Claims............................................................................................................94 iii Notice Inviting Bids BidAcceptance.The City of Cupertino (“City”)will accept sealedbids for its Sports Center Upgrades-LED MessageSign Re-Bid Project (“Project”), by orbefore June 26, 2018, at2:00 pm., at the City Clerk’s Office, located at10300 Torre Avenue, Cupertino, California, 95014 at whichtimethebids willbe publiclyopenedintheCity Hall lobbyand read aloud. The City may,acting in its sole discretion,reject anyand allbids, and may waiveany immaterialdeviation from the bid requirements to the full extent permitted bylaw. Project Information. 2.1 Location and Description.The Project islocatedat the Cupertino Sports Center 21111 Stevens Creek Boulevard, Cupertino, CA95014 on thecorner of Stevens Creek Boulevard and North StellingAvenue and isdescribed as follows:Remove existing monumentsign,prepare site, and construct new concrete monument sign with integral, electronic LED message boardaccording theproject plans, specifications,and project manual. 2.2 Time for Completion.The planned timeframefor commencementand completion of constructionof theProject is:Sixty (60) working days from the City Notice toProceed. 2.3Estimated Cost.The estimated construction cost is$0,000. License and RegistrationRequirements. 3.1 License.This Project requiresavalid California contractor’slicense foronethe following classifications:General A, C-8 Concrete, or C-29 Masonry 3.2DIR Registration. Citymaynot accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code section 1725.5, subject to limited legal exceptions. 4.Contract Documents.The plans, specifications, bidformsand contract documents for the Project,and any addenda thereto (“Contract Documents”) are available in electronic form only, and may be downloaded from City’swebsiteunder “Open Bids” at: and may also be available from a local http://www.cupertino.org/i-want-to/bid-on/open-bids or regional plan room or trade journal. 5.Bid Security.The Bid Proposal must be accompanied by bid security of ten percentof the maximum bid amount, in the form of a cashier’s or certified check made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents.The bid security must guarantee that Sports Center Upgrades-LED Message Sign Re-Bid NOTICE INVITING BIDS Project Number 2017-19.02 Page 1 within ten days after City issues the Notice of Award, the successful bidder will execute the Contract and submit the payment and performance bonds and insurance certificates and endorsements,and any other submittals as required by the Contract Documents and specified in the Notice of Award. Prevailing Wage Requirements. 6.1General.This Projectis subject to theprevailingwage requirements applicableto the locality inwhich theWork is to be performed for each craft, classificationor typeof worker needed to perform theWork, including employer payments for healthandwelfare, pension, vacation, apprenticeship and similar purposes. 6.2Rates.These prevailing ratesare on filewith the City and availableonline at http://www.dir.ca.gov/DLSR.EachContractor and Subcontractor must pay no less than the specified rates toallworkers employed toworkon theProject.The scheduleof per diem wagesis based uponaworking dayof eight hours. The rate for holiday and overtime work must be atleasttime andone-half. 6.3 Compliance.The Contractwillbe subject to compliance monitoring and enforcement by theDIR,underLabor Code section 1771.4. Performance andPayment Bonds.The successfulbidderwill be requiredto provide performanceand payment bonds, each for 100% of the Contract Price. Substitution of Securities.Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted underPublic Contract Codesection 22300. Subcontractor List.EachSubcontractor must be registeredwith the DiR to perform work on public projects.Each bidder must submita completedSubcontractorList form withitsBid Proposal, includingthe name,location ofthe placeof business, California contractorlicense number,DIR registration number, and percentage of theWorkto be performed (based on the BaseBid)foreach Subcontractor thatwillperform work or service or fabricate orinstallwork for the prime contractorin excess of one-half of 1% of thebidprice or, for constructionof streetsand highways, $10,000 (whicheveris greater), using the Subcontractor List form includedwith the Contract Documents. Subcontractor Limit.The prime contractor is required to self-perform at least45%of the Workon the Project, as further specified in the Instructions toBidders onJune 19th,2018at 10:00 am, atthe Cupertino SportsCenter21111Stevens Creek Boulevard,Cupertino, CA95014 The bidders’ conferencei snot mandatory 12.Instructions toBidders.All bidders shouldcarefully reviewthe Instructions to Bidders beforesubmitting a Bid Proposal. END OF NOTICE INVITING BIDS Sports Center Upgrades-LED Message Sign Re-Bid NOTICE INVITING BIDS Project Number 2017-19.02 Page 2 Instructions toBidders Each Bid Proposal submitted to the City of Cupertino (“City”) for its Sports Center Upgrades- LED Message Sign Re-Bid Project (“Project”) must be submitted in accordance with the following instructions and requirements: 1.Bid Submission. 1.1General.The Contract for the Project will be awarded, if at all, to the lowest responsible bidder, as determined by City. Each Bid Proposal must be signed, sealed and submitted to City, using the form provided in the Contract Documents, by or before the date and time set forth in the Notice Inviting Bids, or as amended by subsequent addendum. Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will be returned unopened. Cityreserves the right to postpone the date and time for receiving or opening bids. Each bidder is solely responsible for all costs to prepare and submit its bid and,by submitting a bid,waives any right to recover those costs from City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance,overhead,andprofit. 1.2Bid Envelope.The envelope containing the sealed Bid Proposal andallrequired forms and attachments must be clearly labeled and addressed as follows: BID PROPOSAL: Sports Center Upgrades-LED Message Sign Re-Bid Project No. 2017-19.02 City Clerk’s Office Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 Attn: Michael Zimmermann The envelope must also be clearly labeled, as follows,with the bidder’s name, address, for bidding on public works contracts(Labor Code sections 1725.5 and 1771.1): \[Contractor company name\] \[street address\] \[city, state, zip code\] 1.3DIR Registration. City maynot accept a Bid Proposal from or enter into the Contract with a bidder without proof thatthe bidder is registered with the DIR to perform public work under Labor Code section 1725.5, subject to limited legal exceptions.IfCityis unable to confirm thatthe bidder’s DIRregistration is currentat the time of bidding,City must disqualify the bidder and return its bid.(Labor Code section 1725.5.) 2.Bid Proposal Form and Enclosures.Each Bid Proposal must be completed in ink using the Bid Proposal form included in the Contract Documents. The Bid Proposal form mustbe fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible andmust be initialed by the bidder’s authorized representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,” “will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by bid security, as set forth in Section 4below, and by a completed Bid Schedule, Subcontractor List,and Non-Collusion Declaration using the forms included in the Project manual as directed. Sports Center Upgrades-LED Message Sign Re-Bid INSTRUCTIONS TO BIDDERS Project Number 2017-19.02Page 3 3.Authorization and Execution.Each Bid Proposal must be signed by the bidder’s authorized representative. A Bid Proposal submitted by a partnership must be signed in the partnership name by a general partner with authority to bind the partnership. A Bid Proposal submitted by a corporation must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid Proposal, under California Corporation Code section 313. 4.Bid Security.Each Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s check, certified check, or bid bond using the form included in the Contract Documents and executed by a surety licensed to do business in the State of California, made payable to City.The bid security must guarantee that, within ten days after issuance of the Notice of Award, the bidder will:execute and submit the enclosed Contract for the bid price; submit payment and performance bonds for 100% of the maximum Contract Price; and submit the insurance certificates and endorsements and any other submittals, if any, required by the Contract Documentsor the Notice of Award. 5.Bid Schedule.Each bidder must complete the Bid Schedule form with unit prices as indicated andsubmit the completed Bid Schedule with its Bid Proposal. 5.1Incorrect Totals.In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount (as the product of the estimated quantity and the unit cost), unless the cumulative amount of correction changes the total amount of the base bid or bid alternate. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the amount entered as the base bid on the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. Likewise, in the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule forany bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this provision is intended to preventa bidder from requesting to withdraw its bid for material error under Public Contract Code section 5100 et seq. 5.2Estimated Quantities.The quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price. 6.Subcontractor Work Limits.The prime contractor must perform at least the percentage of the Work on the Projectspecified in the Notice Inviting Bids,which is calculated as a percentage of the base bid price, with its own forces, except for any Work identified as “Specialty Work” in the Bid Schedule. The total bid amount for any such Specialty Work, as shown on the Bid Schedule, may be deducted from the base bid price before computing the percentage the contractor mustself-performance. The remaining Work may be performed by qualified Subcontractor(s). 7.Bidder’s Questionnaire.A completed, signed Bidder’s Questionnaire using the form provided with the Contract Documents and including all required attachments must be submitted within 2 working daysfollowing a request by City. A bid submitted by a bidder Sports Center Upgrades-LED Message Sign Re-Bid INSTRUCTIONS TO BIDDERS Project Number 2017-19.02Page 4 that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non- responsible. 8.Pre-Bid Investigation 8.1General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documentsand documents provided “For Reference Only,” which may include geotechnical reports, as-built or record drawings, utility diagrams, or other such information.Each bidder is also responsible for appropriate examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid Proposal. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to the public at large, bidders maynot enter City’s property or the Project site withoutprior written authorization from City, and subject to the site investigation requirements set forth below.Bidders are responsible for reporting any errors or omissions in the Contract Documents to Cityprior to submitting a Bid Proposal, subject to the limitations of Public Contract Code section 1104. 8.2Project Site.Soil and soil test data, water table elevations, and soil analyses for test holes,if any,may be available for inspection atthe City’s offices or as otherwise specified in the Contract Documents.Any subsurface exploration at the Project site must be done at the bidder’s expense, but only withprior written authorization from City, and as further specified below in subsection 8.4.All soil data and analyses available for inspection or provided in the Contract Documentsor in documents provided “For Reference Only,”apply onlyto the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The bidder is responsible for determining and allowing for any differingsoil or water table conditions duringconstruction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during Project constructionwill not beconsidered changed Project site conditions.Actual locations and depths must be determined by bidder’s field investigation. The biddermay request access to underlying or background information on the Project site in City’s possession that is necessary for the bidderto form its own conclusions, including,if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures.City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City. City does not warrant the accuracy of any representation of visible, above-ground conditions that may be independently investigated and verified by the bidder. The City disclaims responsibility for the accuracy of information regarding subsurface conditions that has been provided to City by others, such as utility owners. 8.3Utilities.The Project must be completed in a manner that satisfies the standards and requirements of the affected utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the utility owners to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the utility owners about their requirements before submitting a Bid Proposal. 8.4Site InvestigationRequirements.Potential bidders will be requiredto execute an agreement to indemnify City and hold it harmless against any liability arising from site investigation, testing or inspection using City’s form Indemnity Agreement (Site Inspection) included with the Project Forms provided with the Contract Documents. The prospective bidder must ensure that any such site investigation is conductedin a manner to avoid Sports Center Upgrades-LED Message Sign Re-Bid INSTRUCTIONS TO BIDDERS Project Number 2017-19.02Page 5 endangering persons or damaging property andmust promptly and fully restore the site to its pre-investigation condition, including filling in holes and cleaning up. City reserves the right toimpose additional conditions to site access or investigation toprotect persons or property, including, but not limited to limitations on machinery used during the site investigation. 9.Bidders Interested in More Than One Bid.No person, firm, or corporation may submitor be a party to more than one Bid Proposal unless alternate bids are specifically called for. However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders andmay also submit a Bid Proposal as a prime contractor. 10.Requests for Information.Questions or requests for clarifications regarding the Project, the bid procedures,or any of the Contract Documents must be submitted in writing to Michael Zimmermann, CIP Manager,e-mail:michaelz@cupertino.org.Oral responses are not authorized and are not binding on the City. Bidders shouldsubmit any such written inquiries at least five working days before the scheduled bid opening. Questions received any latermight not be addressed beforethe bid deadline.An interpretation or clarification by City in response to a written inquiry will be issued in an addendum. 11.Addendaand Plan Holder’s List.Any addenda issued prior to the bid opening arepart of the Contract Documents. Subject to the limitations of Public Contract Code section 4104.5, Cityreserves the right to issue addenda prior to bid time.Addenda will be posted electronically on the City’s website at: http://www.cupertino.org/i-want-to/bid-on/open-bids. Notifications will also be transmitted to known plan holders. To be included on the plan holder’s list for this Project, email the following information to :bidder’s name, address, phone number and email address, capitalprojects@cupertino.org with the Project title included in the subject bar. Each bidder is responsible for ensuring it has received and reviewed all addenda prior to submitting its bid. All bidders, including bidders on the plan holder’s list,shouldregularly check City’s website for any addenda or updates on the Project. 12.Pre-BidSubstitutionRequests.Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” isintended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service.A pre-bid request for substitution must besubmitted no later than ten working days before the scheduled bid opening, using the City’s Substitution Request Form. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution, and all such requests are subject to the requirements and limitations applicable to substitution requests under Section 7.7 of the General Conditions, on Substitutions.These substitution provisions donot apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name underPublic Contract Code section 3400(c). 13.Withdrawal of Bid Proposals.A Bid Proposal may not be withdrawn for a period of 90 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code section 5100 et seq. 14.Bid Protest.Any bid protest must be in writing and receivedby Cityat 10300 Torre Avenue, Cupertino, Ca 95014, Attn: Michael Zimmermann orvia email at michaelz@cupertino.org before 5:00 p.m.no later than two Working Days following bid opening (the “Bid Protest Deadline”) and must comply with the following requirements: 14.1Eligibility.Only a bidder who has submittedaresponsive Bid Proposal, as determined by City,is eligible to submit a bid protest against another bidder. Sports Center Upgrades-LED Message Sign Re-Bid INSTRUCTIONS TO BIDDERS Project Number 2017-19.02Page 6 Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder butmust timely pursue its own protest. For purposes of this Section, a “Working Day” means a day that Cityis open for normal business, and excludes weekends and holidays observed by City.Pursuant to Public Contract Code section 4104, inadvertent omission of a Subcontractor’s DIR registration number on the Subcontractor List form is not grounds for a bid protest provided it is corrected within 24 hours. 14.2Protest Contents.The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person representing the protesting bidder. 14.3Copy to Protested Bidder.Upon submission of its bid protest to City, the protesting bidder must also concurrently transmit the protest and all supporting documents to the protested bidder, and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest, by email or hand delivery to ensure delivery before the Bid Protest Deadline. 14.4Response to Protest.The protested bidder may submit a written response to the protest, provided the response is received by Citybefore 5:00 p.m., within two Working Days after the Bid Protest Deadline or afteractualreceipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation.Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder. 14.5Copy to Protesting Bidder.Upon submission of its response to the bid protest to the City, the protested bidder must also concurrently transmitby emailor hand delivery, by or before the Response Deadline,a copy of itsresponse and all supporting documents to the protesting bidder andtoany other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 14.6Exclusive Remedy.The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of abid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings. 14.7Right to Award.Cityreserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit, to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid,and to issue a Notice to Proceed with the Work notwithstanding any pending or continuing challenge to its determination. 15.Reservation of Rights.To the full extent permitted by law, Cityreserves the right, acting in its sole discretion, to waiveor to decline to waive anyimmaterialbid irregularities, to accept or reject any and all bids, or to abandon the Projectentirely. The Contract will be awarded, if at all, within 90days after opening of bidsor as otherwise specified in the Special Conditions, to the responsible bidder that submittedthe lowest responsive bid.Any date given for planned commencement of the Project given in Section 2.2 of the Notice Inviting Bids is provided as informative of City’s expectations at the time the Notice Inviting Bids was first issued. City is not bound to issue a Notice to Proceed by or before such Sports Center Upgrades-LED Message Sign Re-Bid INSTRUCTIONS TO BIDDERS Project Number 2017-19.02Page 7 planned commencement date andreserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. 16.Bonds.The successful bidder is required to submit payment and performance bonds as specified in the Contract Documents using the bond forms included in the Contract Documents, within ten days following City’s issuance of the Notice of Award. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable. 17.License(s).The successful bidder and its Subcontractor(s) must possess the California contractor’s license(s) in the classification(s) required by law to perform the Work.andmust also obtain a City Business License before beginning Work on the Project unlessitssole business contact within the City is the sale of goods or services to the City itself. 18.Ineligible Subcontractor.Any Subcontractor who is ineligible to perform work on a public works project underLabor Code sections 1777.1 or 1777.7 is prohibited from performing work on the Project. 19.Safety Orders.If the Project includes construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid must include a bid item for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of lifeor limb, which comply with safety orders as required by Labor Code section 6707. END OF INSTRUCTIONS TOBIDDERS Sports Center Upgrades-LED Message Sign Re-Bid INSTRUCTIONS TO BIDDERS Project Number 2017-19.02Page 8 Bid Proposal Sports Center Upgrades-LED Message Sign Re-Bid Project ______________________________________________________ (“Bidder”) hereby submits this Bid Proposal to the City of Cupertino (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced therein. 1.Base Bid.Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work,including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overheadfor the following price (“Base Bid”): $ _______________________________________________________. 2.Addenda.Bidder agrees that it has confirmed receipt of or access to, and reviewed,all addenda issuedfor this Bid. Bidder specifically acknowledges receipt of the following addenda: Addendum:Date Received:Addendum:Date Received: #01_____________#05_____________ #02_____________#06_____________ #03_____________#07_____________ #04_____________#08_____________ 3.Bidder’s Warranties.By signing and submitting this Bid Proposal, Bidder warrants the following: 3.1Examination ofContract Documents.Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder’s knowledge,there are no errors, omissions, or discrepancies in the Contract Documents,subject to the limitations of Public Contract Code section 1104. 3.2Examination ofWorksite.Bidder has had the opportunity to examine the Worksite and local conditions at the Project location. 3.3Bidder is Qualified.Bidder is fully qualified to perform the Work. 3.4Responsibility forBid.Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid. 4.Award of Contract.By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded the Contract for the Project, within ten days following issuance of the Notice of Award to Bidder, Bidder willdoall of the following: 4.1Execute Contract. Enter into the Contract with Cityin accordance with the terms of this Bid Proposal, by signing and submitting to Citythe Contract prepared by Cityusing the form included with the Contract Documents; 4.2Submit Required Bonds. Submit to Citya payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; and 4.3Insurance Requirements. Submitto Citythe insurance certificate(s) and endorsement(s) as required by the Contract Documents. Sports Center Upgrades-LED Message Sign Re-Bid BID PROPOSAL Project Number 2017-19.02 5.Bid Security.As a guarantee that,if awarded the Contract, Bidder willperform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percentof its maximum bid amount inone ofthe following forms(check one): ____ A cashier’s check or certified check payable to Cityand issued by _______________________________ \[Bankname\]in the amount of $____________________________. ____Abid bond, using the Bid Bond form included with the Contract Documents, payable to Cityand executed by a surety licensed to do business in the State of California. This Bid Proposal is hereby submitted on _________________________, 20__. ________________________________________________________________________________ BidderBusiness Name Date SignatureSignature Name/Title (If Corporation: Chairman, President or Vice Name/Title (If Corporation: Secretary, Assistant President)Secretary, Chief Financial Officer or Assistant Treasurer) ___________________________________________________________________________ License #, Expiration Date, and ClassificationDIR Registration # ___________________________________________________________________________ AddressPhone ___________________________________________________________________________ City, State, ZipContact Name/Title ___________________________________________________________________________ Contact PhoneContact Email END OF BID PROPOSAL Sports Center Upgrades-LED Message Sign Re-Bid BID PROPOSAL Project Number 2017-19.02 Bid Schedule This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must beidentical to the Base Bid price entered in Section 1 of the Bid Proposal Form. LS = Lump SumEA = EachLF = Linear FootCF = Cubic FeetCY = Cubic Yard SY=Square YardSF = Square FeetLB = PoundsTON = Ton (2000 lbs)AL = Allowance BID EST. UNITEXTENDED TOTAL ITEM ITEM DESCRIPTIONUNIT QTY.COSTAMOUNT NO. 1$$ Mobilize and Demobilize1LS 2$$ Demolition1LS 3$$ Earthwork and Grading1LS LS 4$$ Electrical1 LS 5$$ Pre-Cast Concrete Sign1 LS 6$$ LED message board1 LS 7$$ Concrete footing and apron1 LS 8$$ CMU base and cobble1 TOTAL BASE BID:Items 1 through 8 inclusive: $ Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form. BIDDER NAME: END OF BID SCHEDULE Sports Center Upgrades-LED Message Sign Re-Bid BID SCHEDULE Project Number 2017-19.02Page 11 Subcontractor List For each Subcontractor thatwill perform a portion of the Work in an amount in excess of one-half 1 the bidder must list a description of the Work, the of 1% of the Bidder’s total Contract Price, nameof the Subcontractor, its Californiacontractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price.Bidder may not list more than one Subcontractor for each such portion of the Work listed by Bidder below. DESCRIPTIONSUBCONTRACTOR CALIFORNIA LOCATION OF DIR REG. NO.PERCENT OF WORKNAMECONTRACTOR BUSINESSOF LICENSE NO.WORK END OF SUBCONTRACTOR LIST 1 For streetor highwayconstruction this requirement applies to any subcontract of $10,000 or more. Sports Center Upgrades-LED Message Sign Re-Bid SUBCONTRACTOR LIST Project Number 2017-19.02Page 12 Noncollusion Declaration TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the __________________________ \[title\] of _____________________________________ \[business name\],the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid.The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price,or of that of any other bidder.All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company,association, organization, bid depository, or to any member or agent thereof,to effectuate a collusive or sham bid, and has notpaid and will not pay, any person or entity for such purpose. This declaration is intended to comply with CaliforniaPublic Contract Code section 7106 and Title 23 U.S.C section 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ \[date\], at __________________________________ \[city\], _______ \[state\]. s/________________________________________ __________________________________________ Name \[print\] END OF NONCOLLUSION DECLARATION Sports Center Upgrades-LED Message Sign Re-Bid NONCOLLUSION DECLARATION Project Number 2017-19.02Page 13 Bid Bond ________________________________________________________ (“Bidder”) has submitted a bid, dated ___________________________, 20______ (“Bid”), to City of Cupertino (“City”) for work on the <_______________________________________________>Project (“Project”). Under thisduly executed bid bond (“Bid Bond”), Bidder as Principal and ______________________________, its surety (“Surety”), are bound to Cityas obligee in the penal sum of ten percent of the maximum amount of the Bid (the “Bond Sum”). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows: 1.General. If Bidder is awarded the Contract for the Project, Bidder will enter intothe Contract with Cityin accordance with the terms of the Bid. 2.Submittals. Within ten days following issuance of the Notice of Award to Bidder, Bidder mustsubmit to Citythe following: 2.1Contract. The executed Contract, using the form provided by Cityin the Project contract documents(“Contract Documents”); 2.2Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents; 2.3Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; and 2.4Insurance. The insurance certificate(s)and endorsement(s) required by the Contract Documents, and any other documents required under the Instructions to Bidders. 3.Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone :___________________________________________________ Fax :_____________________________________________________ Email :____________________________________________________ 4.DurationWaiver:If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for 90 days following award of the Contractor until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code sections 2819 and 2845. \[Signatures are on the following page.\] Sports Center Upgrades-LED Message Sign Re-Bid BID BOND Project Number 2017-19.02Page 14 This Bid Bond is entered into and effective on ___________________, 20_____. SURETY: ________________________________________________________ Business name s/_______________________________________________________________ ________________________________________________________________ Name/Title (AcknowledgementwithNotary Sealfor Surety, and Surety’s Power of Attorney-In-Fact Certificatemust be attached.) BIDDER: ________________________________________________________ Business name s/_______________________________________________________________ ________________________________________________________________ Name/Title END OF BID BOND Sports Center Upgrades-LED Message Sign Re-Bid BID BOND Project Number 2017-19.02Page 15 Bidder’s Questionnaire SPORTS CENTER UPGRADES-LED MESSAGE SIGN RE-BIDPROJECT Within 2 working days following a request bytheCityof Cupertino (“City”), a bidder must submit to City a completed, signed Bidder’s Questionnaire using this formand including all required attachments. City may request the Questionnaire from one or more of the apparent low bidders following the bid opening andmay use the completed Questionnaire to evaluate a bidder’s qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid. Part 1: General Information Bidder’sFull Legal(Business)Name: _______________________________________________ (“Bidder”) Check One: ___ Corporation ___ Partnership ___ Sole Proprietorship ___ Joint Venture of:__________________________________* ___ Other:___________________________________________ Address: _________________________________________________________ ________________________________________________________________ Phone:__________________________________________________________ Ownerof Business:________________________________________________ Contact Person:___________________________________________________ Email:___________________________________________________________ Bidder’s California Contractor’s License Number(s):_______________________ Bidder’s Federal I.D. Number:________________________________________ * If Bidder is a joint venture identify each member and the role of each member of the joint venture andprovide a completed Bidder’s Questionnaire for each member of the joint venture. Part 2: BidderExperience 1. How many years has Bidderbeen in business under its present business name? ____ years 2. Has Biddercompleted projects similar in type and size to this Project as a general contractor? _____ Yes_____ No 3. Has Bidderever been disqualified on grounds that it is not responsible? _____ Yes_____ No If yes, provide additional information on a separate sheet of paper regarding the disqualification, including the name and address of the agency or ownerofthe subject project, the type and size Sports Center Upgrades-LED Message Sign Re-BidBIDDER’S QUESTIONNAIRE Project Number 2017-19.02Page 16 of the project, the reasons that Bidderwas disqualified as not responsible, and the month and year in which the disqualification occurred. 4.HasBidderever been terminated from a construction project, either as a general contractor or as a subcontractor? _____ Yes_____ No If yes, provide additional information on a separate sheet of paper regarding the termination, including the name and address of the agency or ownerof the subject project, the type and size of the project, whether Bidderwas under contract as a general contractor or a subcontractor, the reasons that Bidderwas terminated, and the month and year in which the termination occurred. 5.Has Bidder’s contractor’s license(s) ever been revoked? _____ Yes_____ No If yes, provide additional information on a separate sheet of paper regarding each revocation, including the license classification and license number, the reason(s) the license was revoked, the date of revocation, and the date of reinstatement. 6.Has Bidder ever been fined or disbarred for failure to comply with state or federal prevailing wage requirements? _____ Yes_____ No If yes, provide additional information on a separate sheet of paper regarding each fine or disbarment, including the reason(s) for the fine or disbarment, the agency that imposed the fine or disbarment, the date(s) of the fine or disbarment, and identify the project and project owner for which the Bidder was determined to be non-compliant with prevailing wage requirements. 7.Has Bidder ever been subject to civil or criminal penalties or other adverse action for violation(s) of health, safety or environmental laws or regulations? _____ Yes_____ No If yes, provide additional information on a separate sheet ofpaper regarding each such violation, including the reason(s) for the determination against Bidder, the agency that determined Bidder to be in violation, the nature and date(s) of such penalty or other adverse action, and identify the project and project owner for which the Bidder was determined to be in violation of health, safety or environmental laws or regulations. 8.Has Bidder ever been fined or convicted for unlawful labor practices, including, but not limited to, employment of undocumented workers? _____ Yes_____ No If yes, provide additional information on a separate sheet of paper regarding each such fine or conviction, including the nature and date(s) of the violation(s), the agency that determined Bidder to be in violation, and identify the project and project owner in relation to which the Bidder was fined or convicted of unlawful labor practices. 9.Provide information about Bidder’s past projects performed as general contractor as follows: 9.1 Three largest completed projects within thelast threeyears; and 9.2 rojectssimilar to this Project including magnitude and character of theWork. 10.Use separate sheets of papertoprovide all of the followinginformation foreachproject identified in response tothe abovetwocategories, under section10: Sports Center Upgrades-LED Message Sign Re-BidBIDDER’S QUESTIONNAIRE Project Number 2017-19.02Page 17 10.1Project name 10.2Location 10.3Owner 10.4Owner contact (name and current phone number) 10.5Architect or engineer name 10.6Architect or engineer contact (name and current phone number) 10.7Project manager (name and current phone number) 10.8Description of projectand scope of work performed by bidder, more particularly be specific as to what applies a similar character of work to this project 10.9Initial contract value (at time of bid award) 10.10Final cost of construction (including change orders) 10.11Original scheduled completion date 10.12Time extensions granted (number of days) 10.13Actual date of completion 10.14Number and amount of stop notices or mechanic’s liens filed 10.15Amount of liquidated damages assessed against Bidder 10.16Nature and resolution of any claim, lawsuit, and/or arbitration between Bidder and the owner. Part 3: Bondsand Insurance 1.Bidder’s current bonding capacity is: $__________. 2.Provide the following information regarding Bidder’s bond suretyand bond agent: Surety’s Name: _______________________________________________ NAIC#: ______________________________________________________ Address: ____________________________________________________ Phone: _____________________ Surety’s A.M. Best Ratings for financial size and strength: _____________ Is surety an admitted surety in California? _____ Yes_____ No Bond agent name, addressand phone: ____________________________________________________________ ____________________________________________________________ Percentage rate paidfor payment, performance and warranty bonds: ___% Sports Center Upgrades-LED Message Sign Re-BidBIDDER’S QUESTIONNAIRE Project Number 2017-19.02Page 18 3.Provide the following information regarding Bidder’s insurance policies and insurers: Commercial General Liability: Insurer name, address and phone: ________________________________________ ____________________________________________________________________ NAIC#: ______________________________________________________________ Insurer A.M. Best’s rating for financial size and financial strength: ________________ Policy number and expiration date: ________________________________________ Coverage limits: $____________ per occurrence, and $_____________ aggregate Automobile Liability: Insurer name, address and phone: ________________________________________ ____________________________________________________________________ NAIC#: ______________________________________________________________ Insurer A.M. Best’s rating for financial size and financial strength: ________________ Policy number and expiration date: ________________________________________ Coverage limits: $____________ per occurrence, and $_____________ aggregate Workers’ Compensation: Insurer name, address and phone: ________________________________________ ____________________________________________________________________ NAIC#: ______________________________________________________________ Insurer A.M. Best’s rating for financial size and financial strength: ________________ Policy number and expiration date:________________________________________ Coverage limits: $____________ per occurrence, and $_____________ aggregate Excess or Umbrella Liability: Insurer name, address and phone: ________________________________________ ____________________________________________________________________ NAIC#: ______________________________________________________________ Insurer A.M. Best’s rating for financial size and financial strength: ________________ Policy number and expiration date: ________________________________________ Coverage limits: $____________ per occurrence, and $_____________ aggregate Sports Center Upgrades-LED Message Sign Re-BidBIDDER’S QUESTIONNAIRE Project Number 2017-19.02Page 19 Part 4: Verification In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this Bidder’s Questionnaire on behalf of the named Bidder, and that all responses and information set forth in this Bidder’s Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission.City is hereby authorized to obtain a credit report(s) or conduct additional investigation to verify the information provided above or additional information that City deems relevant to its determination of whether Bidder is a “responsible bidder,” as that term is defined in Public Contract Code section 1103.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: ______________________________ Date: ________________ By:_______________________________________________________________ Name and Title END OF BIDDER’S QUESTIONNAIRE Sports Center Upgrades-LED Message Sign Re-BidBIDDER’S QUESTIONNAIRE Project Number 2017-19.02Page 20 Contract This public works contract (“Contract”) is entered into by and between the City of Cupertino (“City”), a municipal corporation,and ______________________________________ (“Contractor”), for work on the Sports Center Upgrades-LED Message Sign Re-Bid Project (“Project”). The parties agree as follows: 1.Award of Contract.In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposaland accompanying Bid Schedule,a copy of which is attached for convenience as Exhibit A, to perform the Work to construct the Project. On _____________, 20___, City authorized award of this Contract to Contractor for the amount set forth in Section 4 below. 2.Contract Documents.The Contract Documents incorporated into this Contractinclude andare comprised of allof the following: 2.1 Notice Inviting Bids; 2.2 Instructions toBidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 PaymentBond, PerformanceBondand, if required, aWarranty Bond; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Drawings and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Award; 2.12 Notice to Proceed; 2.13 City of Cupertino StandardDetails 3.Contractor’s Obligations.Contractor willperformall of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor mustuse its best efforts to complete the Work in a professionaland expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4.Payment.As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, Citywill pay Contractor $___________________(“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5.Time for Completion.Contractor will fully complete the Work for the Project within sixty (60)working daysfrom the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion. 6.Liquidated Damages.If Contractor fails to complete the Work within the Contract Time, Citywill assess liquidated damages in the amount of $ 1,000.00per day for each day of Sports Center Upgrades-LED Message Sign Re-Bid CONTRACT Project Number 2017-19.02Page 21 unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. 7.Labor Code Compliance. 7.1General.This Contract is subjectto all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance. 7.2Prevailing Wages.This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration.Citymaynot enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code section 1725.5, subject to limited legal exceptions. 8.Workers’ Compensation Certification.UnderLabor Code section 1861, 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 ofthat code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 9.Conflicts of Interest.Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interestin relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq.and under the Political Reform Actas set forth in Government Code section 81000 et seq. and its accompanying regulations. No officer, official, employee, consultant, or other agent of the City (“City Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that term is defined 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 violationof this Section constitutes a material breach of the Contract. 10.Independent Contractor. Contractor isan 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. Sports Center Upgrades-LED Message Sign Re-Bid CONTRACT Project Number 2017-19.02Page 22 11.Notice.Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party mustbe given as follows: City: Name:City of Cupertino Address:10300 Torre Avenue City/State/Zip:Cupertino, CA 95014 Phone: <___________________________________> Attn:Director of Public Works Email: <____________________________________> Copy to: <__________________________________> Contractor: Name: _____________________________________ Address: ___________________________________ City/State/Zip: _______________________________ Phone: _____________________________________ Attn: _______________________________________ Email: ______________________________________ Copy to: ____________________________________ 12.General Provisions. 12.1Assignment and Successors.Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2Third Party Beneficiaries.There are no intended third-partybeneficiaries to this Contract except as expressly provided in the General Conditions or Special Conditions. 12.3Governing Law and Venue.This Contract will be governed by California law and venue will be in the Superior Court of Santa Clara County, and no other place. 12.4Amendment.No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5Integration.This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between Cityand Contractor. 12.6Severability.If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7Authorization.Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally Sports Center Upgrades-LED Message Sign Re-Bid CONTRACT Project Number 2017-19.02Page 23 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. The parties agree to this Contract as witnessedby the signatures below: CONTRACTOR ______________________________CITY OF CUPERTINO <insert full name of Contractor above> A Municipal Corporation By By___________________________ Name_______________________Timm Borden TitleDirector of Public Works Date_______________________ Date________________________ By Name_______________________ Title Date_______________________ APPROVED AS TO FORM: By____________________________ Name__________________________ City Attorney Date___________________________ ATTEST: _____________________________ GraceSchmidt City Clerk Date____________________________ Contract Amount: _________________ P.O. No.________________________ Account No. _____________________ END OF CONTRACT Sports Center Upgrades-LED Message Sign Re-Bid CONTRACT Project Number 2017-19.02Page 24 Payment Bond The Cityof Cupertino(“City”)and ________________________(“Contrac tor”) haveentered into a contract,dated _________________,20___ (“Contract”) for workon the (“Project”). The Contractis incorporated by reference into this Payment Bond (“Bond”). 1.General. Underthis Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to Cityas obligee in an amount not less than $_________________, 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 willbe 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. Citywaives 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: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 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. Sports Center Upgrades-LED Message Sign Re-Bid PAYMENT BOND Project Number 2017-19.02Page 25 7.Effective Date; Execution. This Bond is entered into and is effective on __________, 20__. SURETY: _________________________________________________________________ Business Name s/ ________________________________________________ __________________________________________________ Name/Title (Acknowledgment with Surety’s Notary Seal and Surety’sPower of Attorneymust be attached.) CONTRACTOR: ____________________________________________________________ Business Name s/ _______________________________________________ _________________________________________________ Name/Title s/ _______________________________________________ _________________________________________________ Name/Title END OF PAYMENT BOND Sports Center Upgrades-LED Message Sign Re-Bid PAYMENT BOND Project Number 2017-19.02Page 26 Performance Bond The Cityof Cupertino(“City”)and __________________________ (“Contractor”)have entered intoa contract, dated_________________, 20____ (“Contract”) for workon the (“Project”).The Contract isincorporatedby reference into this Performance Bond(“Bond”). 1.General.Under this Bond, Contractor as Principal and ___________________________, its surety (“Surety”), are bound to Cityas obligee for an amount not less than $__________________. 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 warrantybond 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 demandon this Bond, Citywill 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 byCityto Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or back chargesto which Cityis entitled under the terms of the Contract. 5.ContractorDefault. Upon written notification from Citythat 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 Citythe amount of City’s costs to have the remaining Work completed. 6.Surety Default. If Surety defaults on its obligations under the Bond, Citywill 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 sentto Surety as follows: Sports Center Upgrades-LED Message Sign Re-Bid PERFORMANCEBOND Project Number 2017-19.02Page 27 Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 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 ____________________, 20___. SURETY:________________________________________________________ Business Name s/_______________________________________________________________ ________________________________________________________________ Name/Title \[print\] (Acknowledgment with Notary Seal for Surety and Surety’s Power of Attorneymust be attached.) CONTRACTOR:___________________________________________________ Business Name s/_______________________________________________________________ ________________________________________________________________ Name/Title s/_______________________________________________________________ ________________________________________________________________ Name/Title END OF PERFORMANCE BOND Sports Center Upgrades-LED Message Sign Re-Bid PERFORMANCEBOND Project Number 2017-19.02Page 28 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 aspecific amount that must be included in the Bid Proposal for a specified purpose. Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context. Change Order means a written document dulyapproved 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 achange in the Contract Time or Contract Price, that has previously been submitted to Cityin accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; or a written demand by Contractor objecting to the amount of Final Payment. Contract means the signed agreement between Cityand 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 toBidders; addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Award and Notice to Proceed; the payment,performanceand warrantybonds; 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 foran Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, suppliesor equipment following submission of the Bid Proposal. Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order. Contractor means the individual, partnership, corporation, or joint-venture that has signed the Contract with Cityto perform the Work. Day means a calendar day unless otherwise specified. Design Professional means the licensed individual(s) or firm(s) retained by Cityto 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. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 29 DIR means the California Department of Industrial Relations. Drawings means the City-provided plans and graphical depictions of the Project requirements, anddoes 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 workadded tothe Project, as determined by the Engineer in his or her sole discretion, including Work that was not part of or incidental to thescope of the Workwhen the Contractor’s bid was submitted;Work that is substantially different from the Work as described in the Contract Documents at bid time;or Work that results from a substantially differing and unforeseeablecondition. Final Completion means Contractor has fully completed all of the Work required by the Contract Documentsto the City’s satisfaction, including all punch list items, andany required commissioningor training, andhas providedthe City with all required submittals, including the warrantybond, instructions and manuals, product warranties and as-built drawings. Final Payment means payment to Contractor of the unpaid Contract Price, including release of undisputed retention, less amounts withheld pursuant to the Contract Documents, including liquidated damages, up to 125% of the amount of any unreleased stop notice, amounts subject to setoff, up to 150% 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 section 7107. Furnish means to purchase and deliver for the Project. Hazardous Materials means any substance or material identified now or in the future as 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, or cleanup. Including, whether or not capitalized,means“including, but not limited to,” unless the context clearly requires otherwise. Inspector means the individual(s) or firm(s) retained or employed by Citytoinspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all applicable codes, regulations, and permits. Install means to fix in place for materials, and to fixin place and connect for equipment. Plans has the same meaning as Drawings. Project means the public works project referenced in the Contract. Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer. Request for Informationor RFI 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 Conditions, means a numbered Section of the General Conditions, unless otherwise indicated by the context,e.g., statutory references. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 30 Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of Contractor, and subject to Cityacceptance, which are intended to provide details for fabrication, installation, and the like,of items required by or shown 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 theContractor. Specifications means the technical, text specifications describing the Project requirements, which are prepared for andincorporated into this Project by or on behalf of City, and does not include the Contract, General Conditions or Special Conditions. Subcontractor means an individual, partnership, corporation, or joint-venture retained by Contractor directly or indirectly through a subcontract to perform a specific portion of the Work. The term Subcontractor applies to subcontractors, suppliers, fabricators, and equipment lessors of all tiers, unless otherwise indicated by the context. Technical Specifications meansSpecifications. Work meansall ofthe construction and services necessary for or incidental to completing the Project in conformance with the requirements of the Contract Documents. Work Day or Working Day, whether or not capitalized, means a weekday when the City is open for business,and does not include holidays observed by the City or furlough days when City staff is unavailable. If a holiday falls on a Saturday, the preceding Friday will be the holiday. If a holiday falls on a Sunday, the following Monday will be the holiday. Holidays observed by the City and furlough days are: a.New Year’s Day, January 1; b.Martin Luther King Jr.’s Birthday, third Monday in January; c.Lincoln’s Birthday, February 12; d.Presidents’ Day, third Monday in February; e.Memorial Day, last Monday in May; f.Independence Day, July 4; g.Labor Day, first Monday in September; h.Veterans’ Day, November11; i.Thanksgiving Day, as designated by the President; j.The Day following Thanksgiving Day; k.Christmas Day, December 25; l.City Closure, December 24, 26, 27,28,29,30 and 31:and m.Each day appointed by the Governor of California and formally recognized by the Santa Clara County Board of Supervisors as a day of mourning, thanksgiving, or special observance. Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging or fabrication. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 31 Article 2-Roles and Responsibilities 2.1City. (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 Professionaland 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 Professionalis responsible for the overall design ofthe Projectand,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’sinterpretation of the Drawings or Specifications is final and conclusive. 2.2Contractor. (A)General.Contractor must provide all labor, materials, 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 efficientmanner in the best interests of City, and with minimal inconvenience to the public. (B)Responsibility for the Workand Risk of Loss.Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions.Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work untileitherthe date on which City formally acceptsthe Project or the effective date of termination of the Contract, whichever is later,Contractor bearsall risks of injury or damage to the Workandthe materials andequipment delivered to the Worksite, by any causeincluding fire, earthquake, wind, weather, vandalismortheft. (C)Project Administration.Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents. Before starting the Work, Contractor must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative. (D)On-Site Superintendent.Contractor must, at all times during performance of the Work, provide a qualified and competent full-time superintendent acceptable to City, and assistants as necessary, who must be physically present at the Project site while any aspect ofthe 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 mayresult in temporary suspension of the Work, at Contractor’s sole expense Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 32 and with no extension of Contract Time, until the approved superintendent is physically present to supervise the Work. Contractor must provide written notice to City, as soon as practicable, before replacing the superintendent. (E)Standards; Compliance.Contractor must, at all times, ensure that the Work is performed in an efficient, skillfulmannerfollowing best practicesand in full compliance with the Contract Documents andall applicable laws, regulations, codes, standards, and permits, including City’s municipal code, rules, and regulations, and any orders of the administrative or judicial bodies with jurisdiction over the Work. (F)Meetings.Contractor, its superintendent, and its major Subcontractors and suppliers will be required to attend a Preconstruction Conference before beginning Work on the Project andwill 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’s agenda; and for requiring their attendance at these meetings. (1) Preconstruction Conference. The Preconstruction Conference agenda items may include schedules, personnel and vehicle permit procedures, use of the premises, locations for staging area(s) and jobsite trailers, security, housekeeping, submittal and RFI procedures, Project forms and procedures, inspection and testing procedures, utility shutdown procedures, control and reference point procedures, injury and illness prevention program, Contractor’s schedule of values, Contractor’s schedule of submittals, and such other matters that the City deemsnecessary 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 is solely responsible to Cityfor 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 Subcontractoror 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 of Defects.Contractor must promptly correct, at Contractor’s sole expense, any Work that is determined by Cityto be deficient or defective in any way, including workmanship, materials, parts orequipment.Workmanship, materials or equipment that do not conform to the requirements under the Drawings, Specifications and every other Contract Document, as determined by City, willbe considered defective and subject to rejection.Contractor must also promptly correct, at Contractor’s sole expense, any Work performedbeyond the lines and grades shown on the Plans or established by City,and any Extra Work performedwithout City’s prior written approval. However, City may electto retain defective Work, and deduct the differencein value, as determined by the Engineer, from payments otherwise due to Contractor. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 33 (I)Contractor’s Records.Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos and electronic records. Project records subject to this provision include, 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 receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost. (2) Contractor must continue to maintain its Project records in an organized manner for a period of four years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, Cityis entitledto inspect or audit any of Contractor’s Project records relating to the Project or to investigate Contractor’s plant or equipment during Contractor’s normal business hours. (J)Copies of Contract Documents.Contractor and its Subcontractors must keep copies,at the Project site,of theWork-related documents, including theContract, permit(s), Drawings, Specifications, Addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, andanyrelated written interpretations. The Contract Documents, as-built drawings, and all Worksite copies must be available to Cityfor reference at all times. 2.3Subcontractors. (A)General.All Work which is not performed by Contractor with its own forces must be performed by Subcontractors. Cityreserves the right to approve or reject any and all Subcontractors proposed to perform the Work, for reasons including the subcontractor’s poor reputation, lack of relevant experience, financial instability, and lack of technical ability or adequate trainedworkforce (B)Contractual Obligations.Contractor must require every Subcontractor to be 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 andCity, but Cityis deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor. (C)Termination.If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to City, subject to the prior rights of any surety, but only if Cityaccepts the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement. (D)Substitution of Subcontractor.If Contractor requests substitution of a listed Subcontractor under Public Contract Code section 4107, Contractor is solely responsible for all costs Cityincurs in responding to the request, including legal fees and costs to conduct a hearing. 2.4Coordination of Work. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 34 (A)Concurrent Work.Cityreserves the right to perform or to have performed other work on or adjacent to the Project site while the Work is 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 hindering, delaying, or interfering with the work of other contractors and subcontractors. To the full extent permitted by law, Contractor musthold harmless and indemnify Cityagainst any and all claims arising from or related to Contractor’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work ofanyutility company or agency or another contractor or subcontractor. (B)Defects. Before proceeding with any portion of the Work affected by the construction or operations of others, Contractor must give the Project Manager prompt written notification of any defects Contractor discovers which will prevent the proper execution of the Work. Failure to give notice of any knowndefects will be deemed acknowledgement by Contractor that the work of others is not defective and will not prevent the proper execution of the Work. 2.5Submittals.Unless otherwise specified, Contractor must submit totheEngineer for review and acceptanceofall 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 or illegible 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 Forms provided withthe Contract Documents, and forms provided by City at the pre- construction conference. (B)Time and Manner of Submission.Contractor must ensure that its submittals are prepared and delivered in a manner consistent with the current City-accepted schedule for the Work and within the applicable time specified in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project. (C)Required Contents.Each submittal must include the Project name and contract number, Contractor’s name and address, the name and address of any Subcontractor or supplier involved with the submittal, the date, and references to applicable Specification section(s) and/or drawing and detail number(s). (D)Required Corrections.If corrections are required, Contractor must promptly make and submit any required correctionsas specifiedin full conformancewith 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’sdirect hourly payroll cost to the City. For consultants, 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 of a submittal by Citywill not relieve Contractor from complying with the requirements of the Contract Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 35 Documents.Contractor is responsible for any errors in any submittal, and review or acceptance of a submittal by City is not an assumption of risk or liability by City. (F)Enforcement.Any Work performed or any material furnished, installed, fabricated or used withoutCity’sprior 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 Workor material, and the cost of additional time or services required of City, including costs for the Design Professional,Project Manager, or Inspector. (G)Excessive RFIs.ARequest for Information(RFI)will be considered excessive or unnecessary if Citydetermines that the explanation or response to the RFIis clearly and unambiguously discernable fromthe Contract Documents. City’s costs to reviewand respond to excessive or unnecessary RFIsmay be deducted from payments otherwise due to Contractor, on the same basis as excessive submittal review, under subsection (D) (Required Corrections). 2.6Shop Drawings.When Shop Drawings are required by the Specifications or requested by the Engineer, they must be prepared according tobest 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 to the Engineer for review and acceptance at least 30 days before the Work will be performed. If City requires changes,the corrected Shop Drawings must be resubmitted to the Engineer for review within the time specified by the Engineer.For all Project components requiring Shop Drawings, Contractor will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. Contractor is responsible for any errors oromissions in the Shop Drawings, shop fits and field corrections, any deviations from the Contract Documents, and for the results obtained by the use of Shop Drawings.Acceptance of Shop Drawings by City does not relieve Contractor of Contractor’sresponsibility. Article 3-Contract Documents 3.1Interpretation of Contract Documents. (A)Drawings and Specifications. The Drawings and Specifications included in the Contract Documents are complementary. If Work is shown on one but not on the other, Contractor must perform the Work as though fully described on both, consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The Drawings and Specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned or shown. Contractor must perform all work and services and supply all things reasonably related to and inferable from the Contract Documents.In the event of a conflict between the 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 be determined by Contractor’s field investigation. Contractor may request access to underlying or background information in City’s possession that is necessary for Contractor to form its own conclusions. (B)Duty to Notifyand Seek Direction.If Contractor becomes aware of a changed condition in the Project, or of any ambiguity, conflict, inconsistency, discrepancy, Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 36 omission, or error in the Contract Documents, including under the Drawings or Specifications, Contractor must immediatelysubmit a Request for Information to the Engineerand wait for aresponsefrom Citybefore proceeding furtherwith therelated Work. The RFImustnotify City of the issue and requestclarification, interpretation or direction. The Engineer’sclarification,interpretationor directionwill be final and binding on Contractor.If Contractor proceeds with the related Work before obtaining City’s response, Contractor will be responsible for any resulting costs, including the cost of correcting anyincorrect ordefective Work that results.City will not extend the Contract Time due to Contractor’s failure to submit a timely RFIto 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 meanings, unless otherwise specifically defined in the Contract Documents. (E)Measurements.Contractor must verify all relevant measurements at the 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 is only a recommendation. Actual locations and depths must be determined by Contractor’s field investigation. Contractor may request access to underlying or background information in City’s possession that is necessary for Contractor to form its own conclusions. 3.2Order of Precedence.Information included in one Contract Document but not in another will not be considereda conflict or inconsistency. Unless otherwise specified in the Special Conditions, in case of any conflict or inconsistency among the Contract Documents, the following order of precedence will apply, beginning from highest to lowest: (A)Change Orders; (B)Addenda; (C)Contract; (D)Notice to Proceed; (E)Notice of Award; (F) Special Conditions; (G)General Conditions; (H)Payment,Performanceand WarrantyBonds; (I)Specifications; (J)Drawings; (K)Contractor’s Bid Proposal and attachments; (L)Notice Inviting Bids; (M)Instructions toBidders; (N)The Cityof Cupertino’s Standard Details; and (O)Any documents prepared by and on behalf of athirdparty, that were not prepared specifically for this Project, such as theCaltrans Standard Specifications or Caltrans Special Provisions. 3.3Caltrans 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 Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 37 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 CaltransStandard Specifications, i.e., sections 1 through 9, do not apply to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents. (B)Conflicts or Inconsistencies.If there is a conflict or inconsistency between any provision in theCaltransStandard Specificationsor Special Provisionsand a provision of these Contract Documents,as determined by City,the provision in the Contract Documents will govern. (C)Meanings.Terms used in the Caltrans Standard Specificationsor Special Provisionsare to be interpreted as follows: (1) Any reference to the “Engineer” is deemed to mean theCityEngineer. (2) Any reference to the “Special Provisions” is deemed to mean theSpecial Conditions,unlessthe Caltrans Special Provisions are expressly included in the Contract Documents listed in Section 2 of the Contract. (3) Any reference tothe “Department” or “State” is deemed to mean City. 3.4For Reference Only.Contractor is responsible for the careful review of any document, study, or report provided by City or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. Contractor is advised that Cityorits 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 deemedto beFor Reference Only.The provisions of the Contract Documents are not modified by any perceived or actual conflictwith provisions in anydocument that is provided For Reference Only. 3.5Current Versions.Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code or regulationin effect at the time the Contract is signed. 3.6Conformed Copies.If City prepares a conformed set of the Contract Documents following award of the Contract, it will provide Contractor with acopy of the electronic file in PDF format. It is Contractor’s responsibility to ensure that all Subcontractors, including fabricators, are provided with theconformed set of the Contract Documents at Contractor’s sole expense. Article 4-Bonds, Indemnity, and Insurance 4.1Payment 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 notless than 100%of the Contract Price, using the bond forms included with the Contract Documents. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 38 (A)Surety.Each bond must be issued by a surety admitted in California,and the surety must havea financial rating from A.M. Best Company of A-,class 7 or better,or as otherwise acceptable to the City. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, Contractor must substitute a surety acceptable to City.If Contractor fails to substitute an acceptable surety within the specified time, Citymay, at its sole discretion, withhold payment from Contractor until the surety is replaced to City’s satisfaction, or terminate the Contract for default. (B)Supplemental Bonds for Increase in Contract Price.Ifthe Contract Price increasesduring constructionby five percent or moreover 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. 4.2Indemnity.To the fullest extent permitted by law, Contractor must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteersand consultants (individually,an“Indemnitee,” and collectively the “Indemnitees”) fromand 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 fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in bidding or performing the Work or in failingto comply with any obligationof Contractorunder the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract. Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. Citywill timely notify Contractor upon receipt of any third-party claim relating to the Contract,as required by Public Contract Code section 9201.Contractor’s indemnity obligations under this Contractwill survive theexpirationor any early terminationof theContract. 4.3Insurance. Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1.Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence”basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor’s or Subcontractor’s 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 for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, eitherthe general aggregate limit shall applyseparatelytothisproject/location(ISOCG 2503or2504)orthegeneralaggregatelimitshallbe$4,000,000 which is twice the required occurrencelimit. a.It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 39 and/or limits shall be made available to the AdditionalInsuredandshallbe(1)the minimumcoverage/limitsspecifiedinthisagreement;or(2)thebroader coverage and maximum limits of coverage of any insurance policy, whichever isgreater. b.Additional Insured coverage under Contractor's policy shall be "primary and non- contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 0413 c.The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a namedinsured. 2.AutomobileLiability:ISOFormCA0001coveringanyauto(Code1),orifContractorhas noownedautos,then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $2,000,000 per accident for bodily injury and propertydamage. 3.Workers’Compensation: As required by the State ofCalifornia, with Statutory Limits, andEmployer’sLiabilityInsuranceofnolessthan$1,000,000 peraccidentforbodilyinjuryor disease,orasotherwise requiredbystatute.IfContractorisself-insured,Contractormust provideaCertificateofPermissiontoSelf-Insure, duly authorized by theDIR. N/A if box checked (Contractor provides signed, written verification it has no employees). 4.Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000aggregate. N/A if box checked (Contract is notdesign/build). 5.Builder’s Risk. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penaltyprovisions. N/A if box checked (Project does not involve construction or improvements/installations to property). 6.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 policyaggregate. N/A if box checked (Project does not involve environmental hazards). 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 experience, insurer, 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 declared to and approved by City. At City’s option, either :(1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 40 shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status TheCityofCupertino,itsCityCouncil,officers,officials,employees,agents,servantsand volunteersaretobecovered asadditionalinsuredsontheCGLpolicywithrespecttoliability arisingoutoftheServicesperformedbyoronbehalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 2010, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition isused. Primary Coverage ForanyclaimsrelatedtothisProject,Contractor’sinsurancecoverageshallbe“primaryand non-contributory”and atleastasbroadasISOCG20010413withrespecttoCity,itsofficers, officials,employeesandvolunteers,andshall not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance,theUmbrella/Excess Insuranceshallcontainorbeendorsedtocontainaprovisionthatsuchcoverageshall also apply on a “primary and non-contributory” basis for the benefit ofCity. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificateofinsurancemuststatethatthecoverageaffordedbythepolicy isinforceandwillnotbereduced,cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, inwhichcasetendaysadvance writtennoticemustbeprovidedtoCity.Such noticemustbesenttoCityviacertified mail and addressed to the attention of the CityManager. Builder’s Risk Contractor may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. Policy limits must be per occurrence and for all-risk coverage on a100%completedvaluebasisontheinsurable portionoftheProject,withnocoinsurancepenalties,andforthebenefit of City. If the Project does not involve new or major reconstruction, City may elect in its sole discretion to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property Installation Floater shall include improvement,remodel,modification,alteration,conversionoradjustmentto existingbuildings,structures,processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site. Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation itmayhaveagainstCity.Contractoragreestowaiverightsofsubrogation whichanyinsurerofContractormayacquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsementthat may be necessarytoaffectthiswaiverof subrogation.TheWorkers’Compensationpolicyshallbeendorsedwithawaiverof subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 41 Acceptability of Insurers InsurancemustbeissuedbyinsurersacceptabletoCityandlicensedtodobusinessintheState ofCalifornia,andeach insurermusthaveanA.M.Best’sfinancialstrengthratingof“A-”orbetter andafinancialsizeratingof“VII”orbetter. 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 ofallrequired insurancepolicies,includingendorsements,requiredbythesespecifications,atanytime. 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.Theretroactivedatemustbeshown,andthisdatemustbebeforetheexecutiondateofthe contractorthebeginning of contractwork. 2.Insurancemustbemaintainedandevidenceofinsurancemustbeprovidedforatleastfive(5) yearsaftercompletion of contractwork. 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 contractwork. 4.A copy of the claims reporting requirements must be submitted to the Entity forreview. 5.If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policyshallnotcontainlead-basedpaintorasbestosexclusions.Iftheservices involvemoldidentification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, includingmold. Article 5-Contract Time 5.1Timeis 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 theNotice to Proceed, and must fully complete the Work in strict compliance with all requirements of the Contract Documents andwithin 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. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 42 (B)Rate of Progress.Contractor and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If Citydetermines that Contractor is failing to prosecute the Work at a sufficient rate of progress, Citymay, in its sole discretion, direct Contractor to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost toCity, in order to achieve a rate of progress satisfactory to City.If Contractor fails to comply with City’s directive in this regard, Citymay, at Contractor’s expense, separately contract for additional workers, materials, or equipment or use City’s ownforces to achieve the necessary rate of progress. Alternatively, Citymay terminate the Contract based on Contractor’s default. 5.2ScheduleRequirements.Contractor must prepare all schedules using standard scheduling software acceptable to the Engineer, and must provide the schedules in electronic and paper form as requestedby the Engineer.In addition to the general scheduling requirements set forth below, Contractor must also comply with any scheduling requirements included in the Special Conditions or in the Technical Specifications. (A)Baseline (As-Planned)Schedule.Within ten calendar days followingCity’s issuance of the Notice to Proceed(or asotherwise specified in the SpecialConditions), Contractor must submit to Cityfor review and acceptance abaseline (as-planned) scheduleusing critical path methodologyshowing in detail how Contractor plans to perform and fully complete the Work within the Contract Time, including labor, equipment, materials and fabricated items.The baselineschedule must show the order of the major items of Work and the dates of start and completionof eachitem,including whenthematerials and equipmentwill be procured. The schedule must also include the work of all trades,reflecting anticipatedlaboror crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baselineschedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion datesof the activity, and the durationof the activity. (1)Specialized MaterialsOrdering.Within five calendardays following issuance of the Notice to Proceed, Contractor mustorder any specialized material or equipment forthe Work that is not readily available from material suppliers. Contractor must also retaindocumentation of the purchase ordersdate(s). (B)City’s Review of Schedules.City willreview and may note exceptions to the baseline schedule,and to the progress schedulessubmitted as required below, to assure completion of the Work within the Contract Time. Contractor is solely responsible for resolving any exceptionsnotedin a scheduleand must, within seven days,correctthe scheduleto address them. (C)Progress Schedules.AfterCity acceptsthefinalbaseline schedulewith 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 for a progress payment,or when otherwise specified by City,until completion of the Work. The updated progress schedule must:show how the actual progress of the Work as constructed to date comparesto the baselineschedule; reflect any proposed changes in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time;and identify any actual or potential impacts to the critical path. Contractor must also submit periodic reports to Cityof any changes in the projected material or equipment delivery dates for the Project. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 43 (1)Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated asthe “float.”Any float belongs to the Project and may be allocated by the Engineer to best serve timely completion of the Project. (2)Failure to Submit Schedule.Reliable,up-to-date schedules are essential to efficient and cost-effective administration of the Projectand timely completion.If Contractor fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has notedexceptionsthat are not corrected, City may withholdup to ten percent from payment(s) otherwise dueto Contractor untilthe exceptions are resolved,theschedule is correctedand resubmitted,and City has acceptedthe schedule.In addition, Contractor’s failure to comply with theschedule requirements in this Section 5.2 will be deemed a waiver of any claims for Excusable Delay or loss of productivity arising when Contractor is out of compliance, subject only to the limits of Public Contract Code section 7102. (D)Recovery Schedule. If Citydetermines that the Work is more than one week behind schedule, within sevendays 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 of Acceptance.Contractor and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City.City’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time. (F)Posting.Contractor must at all times maintain a copy of the most currentCity- acceptedprogress or recoveryschedule posted prominently in its on-site office. (G)Reservation of Rights.Cityreserves 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 Cityor 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 workingMonday through Friday, excluding holidays, during City’s normal businesshours,except as provided in the Special Conditions or as authorized in writing by City.Cityreserves the right to charge Contractor for additional costs incurred by Citydue to Work performedon days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services. 5.3Delay and Extensions of Contract Time. (A)Notice of Delay.If Contractor becomes aware of any actual or potential delay affectingthe critical path, Contractor must promptly notify the Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay. (B)Excusable Delay.The Contract Time may be extended if Contractor encounters “Excusable Delay,” which is an unavoidable delay in completingthe Workwithin the Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 44 Contract Timedue 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 includefire, natural disasters including earthquakeor 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 or mitigated through reasonable care, planning, foresight and diligence is “Non-Excusable Delay.” Contractor is not entitled to an extension of Contract Time or any compensation for Non- Excusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay. Non-Excusable Delay includesdelay caused by: (1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years; (2) Contractor’s failure to order equipment and materials sufficiently in advance of the time needed fortimely completion ofthe Work; (3) Contractor’s failure to provide adequate notification to utility companiesor agenciesfor connections or services necessary for the timely performance and completion ofthe Work; (4) foreseeable conditionswhichContractor could have ascertained from reasonably diligent inspection of the Worksite or review of the Contract Documentsor other information provided or available to Contractor; or (5) Contractor’s financial inability to perform the Work, includinginsufficient funds to pay its Subcontractors or suppliers. (D)Compensable Delay. Pursuant to Public Contract Code section 7102, in addition to entitlement to an extension of Contract Time, Contractor is entitled to compensation for costs incurred due to delay caused solely by City, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). (E)Concurrent Delay.Contractor is not entitled to an 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” is a Working Day during which Contractor and its forces, including Subcontractors,are unable to perform more than 40% of the critical path Work scheduled for that day due to adverse weather conditions which impair the ability to safely or effectively perform the scheduled critical path Work that day. Adverse weather conditions may include rain, saturated soil, and 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 locationfrom the Western Regional Climate Center, Contractor’s schedule should assume the following number of normal Weather Delay Days and precipitation for each month: Month# Normal WeatherPrecipitation Delay Days Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 45 January62.86 February62.66 March62.29 April31.20 May 10.44 June00.10 July00.02 August00.07 September10.19 October20.76 November41.51 December52.43 Total3414.53 (2)Contractor will be entitled to a non-compensable extension of the Contract Time for each Weather Delay Day in excess of the normal Weather Delay Days within a given month, as set forth in Section 5.3(F)(1)above, subject to the following limitations: a. Contractor must fully comply with the applicable procedures in Article 5 and 6 of these General Conditions regarding requests to modify the Contract Time. b.Normal Weather Delay Days which do not occur during a given month do not carry over to another month. c.Contractor will not be entitled to an extension of time for a Weather Delay Day to the extent Contractor is responsible for concurrent delay on that day. (G)Recoverable Costs.Contractor is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. Contractor is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents Contractor from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent progress scheduleaccepted by City.Recoverable Costswill not include home office overheador lostprofit. (H)Request for Extension of Contract Timeor Recoverable Costs.A request for an extension ofContractTime oranyassociated Recoverable Costsmust be submitted in writing to Citywithin 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, orany entitlement to the Contract Timeextensionor to the Recoverable Costswill be deemed waived. In addition to complying with the requirements of this Article 5, the request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences ofdelay may be mitigated as soon as possible, and to facilitate cost- efficient administration of the Project and timely performance of the Work. Any request for an extension ofContractTime or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived. (1)Required Contents. The request must include a detailed description of the cause(s) of the delay, and must also describe the measures that Contractor has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such asby workforce managementorby a change in Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 46 sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include Contractor’s plan for continued mitigation of the delay or its effects. (2)Delay Days and Costs.The request must specify the number of days of Excusable Delay claimed, or provide a realistic estimate if the duration of the delay is not yet known. If Contractor believes it is entitled to Recoverable Costs for Compensable Delay,the request must specify the amountand basis for the Recoverable Coststhat are claimed, or provide a realistic estimateif the amount is not yet known. Any estimate of delay duration or cost mustbe updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which anExcusable Delay or aCompensable Delayexceeds anyconcurrentNon-Excusable Delay.Contractor is entitled to an extension of Contract Time,or compensation forRecoverable Costs,only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3)Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to City. (4) Burden of Proof. Contractor has the burden of proving that: the delay was an Excusable or Compensable Delay, as defined above;Contractor has made reasonable efforts to mitigate the delay and its schedule and cost impacts;the delay will unavoidably result in delaying Final Completion;and any Recoverable Costs claimed by Contractor were actually incurred and were reasonable under the circumstances. (5)Legal Compliance. Nothing in this Section 5.3 is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code section 7102. (6)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’s right to assess liquidated damages for Non-Excusable Delay. (7)Dispute Resolution. In the event of a dispute over entitlement to an extension ofContractTime or compensation for Recoverable Costs, Contractor may not stopworking pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. Contractor’s sole recourse for an unresolved dispute based on City’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the Dispute Resolution provisions set forth in Article 12 below. 5.4Liquidated Damages.It is expressly understood that if Final Completion is not achieved within the Contract Time, Citywill suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code section 7203, if Contractor fails to achieve Final Completion within the Contract Time, Citywill 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. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 47 (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.Cityis entitled to deductthe amount of liquidated damages assessed against any payments otherwise due to Contractor, including unreleasedretention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, Cityis 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 inpart 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’sNon-Excusable Delay in achieving Final Completion. (E)Other Remedies.City’s right to liquidated damages under this Section applies only todamages arising fromContractor’sNon-Excusable Delayorfailure to complete the Work within the Contract Time. City retains its right topursueall otherremedies under the Contractfor other types of damage, including damageto property or persons, or for defective materials or workmanship. Article 6-Contract Modification 6.1Contract Modification and Changes in Work.Modifications to the Contract are valid and legally binding only ifduly authorized by a written and signed Change Order. City may also make changes in the Workwithout invalidating the Contract. Citymay direct changes in the Work,whichmay include Extra Workas 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 changein 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 isformalized 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 Cityhave not yet reached agreement as to adjustments to the Contract Price or Contract Timefor the changein the Work orforthe 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 Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 48 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 perform Extra Work related to the Project. Contractor must promptly perform anyExtraWork as directed or authorized by City in accordance with the original Contract Documents, even if Contractorand City have not yet reached agreement onadjustments to the Contract Price or Contract Time for such Extra Work.Contractor must maintain detailed daily recordsthatitemizethe cost of each element of Extra Work,andsufficientlydistinguish the directcost oftheExtra 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,adaily reportof the Extra Workperformed that day andthe related costs, together withcopies ofcertified payroll, invoices, and other documentation substantiating the costs(“Extra Work Report”).The Engineer will make any adjustments to Contractor’sExtra WorkReport(s)based on the Engineer’s records of theWork. When anExtra Work Report(s) is agreed on and signed by both City and Contractor, the Extra Work Report(s)will become the basis for paymentunder 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 isdeemed a material breach of the Contract, and in addition to all other remedies available to it, Citymay, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct thecost from the Contract Price. 6.2Contractor Change Order Requests.Contractor must submit a request or proposal for a change in the Work, compensation for Extra Work,or a change in the Contract Price or Contract Timeas a written Change Order request or proposal. (A)Time for Submission.Any request for a change in the Contract Priceor the Contract Timemust be submitted in writing to the Engineerwithin ten calendardays of the date that Contractor first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If City requests that Contractor propose the terms of a Change Order, unless otherwise specified in City’s request, Contractor must provide the Engineer with awritten proposal for thechange in the Contract Price orContract Timewithin five working days of receiving City’s request, in aform satisfactory to the Engineer. (B)Required Contents.Any Change Order request or proposal submitted by Contractor must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amountsand if applicable, Extra Work Reports. Any estimated cost must be updated in writing as soon as the actual amount is known. (C)Required Documentation.All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article5of the General Conditions. (D)Required Form.Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 49 (E)Certification.All Change Order requests must be signed by Contractor and must include the following certification: “The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Contractor warrants that this Change Order request is comprehensive and completeas to the Work or changes referenced herein, and agrees that any costs, expenses, or time extension requestnot included herein isdeemed waived. Contractor understands that submission of claims which have no basis in fact or which Contractor knows to be false may violate the False Claims Act, as set forth in Government Code sections 12650 et seq.” 6.3Adjustments to Contract Price.The amount of any increase or decrease in the Contract Price willbe determined based on one of the following methods, butin the order providedwith unit pricing taking precedence over the other methods: (A)Unit Pricing.Amounts previously providedby Contractorin the form of unit prices, either in a bid schedule or schedule of values,willapply if unit pricinghas previously been provided in Contractor’s accepted bid schedule or schedule of values for the affectedWork.No additional markup for overhead,profit,or other indirect costswill beaddedtothe calculation. (B)Lump Sum.A mutually agreed upon lump sumfor the affected Workwith no additional markup for overhead, profit,or other indirect costs. (C)Time and Materials.On a 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 as the total of the following sums: (1) All direct labor costs plus 15%markup; (2)All direct material costs, including sales tax, plus15%markup; (3)All direct plant and equipment rental costs, plus 15%markup; (4)All direct subcontract costs plus ten percent markup; and (5)Increased bond or insurance premium costs computed at 1.5%of total of the previous four sums. 6.4Unilateral Change Order.If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of timethat Contractor has requested,the value of deleted or changed Work, what constitutes Extra Work, or quantities used, Citymay elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time forthe amountof compensation or added time that theCitybelieves is merited.Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below. 6.5Non-Compliance Deemed Waiver.Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to fullycomply with the provisions of this Article. Contractor will not be paid for unauthorized Extra Work. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 50 Article 7-General Construction Provisions 7.1Permits and Taxes. (A)General.Contractor must obtain and pay for all permits, fees, or licenses 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 Citywith 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 Cityis exempt from Federal Excise Tax. 7.2Temporary Facilities.Contractor must provide, at Contractor’s sole expense, any and all temporary facilitiesfor the Project, including anonsite stagingareafor material and equipment,afield office, sanitary facilities, utilities,storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along withany incidentalutility services.The location of all temporary facilities must be approved by the City prior to installation. (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 local laws, codes, and regulations. (B)Screening.Contractor must fence and screen the Project site and staging area, andits operation must minimize inconvenience to neighboring propertiesand be approved by the City. (C)Utilities.Contractor must install and maintain the light, power,waterand all other utilities requiredfor the Project site, including the piping, wiring, lamps and related equipmentnecessary 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’s property or to other property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition. (E)Additional Requirements.Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. 7.3Noninterference and Additional Work Areas.Contractor must avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. Contractor must also minimize disruption of access to private property in the Project vicinity. Contractor must coordinate with affected property owners, tenants,and businesses,and maintain some vehicle and pedestrian access to their residences or properties at all times. Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, Contractor must notify the affected parties of the pending closure and allow themto remove vehicles. Private driveways, residencesand parking lotsmust haveaccess to a roadwayduring non-Work hours. (A)Offsite Acquisition. 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 to access and perform the Work. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 51 (B)Offsite Staging Area and Field Office.If additional space beyond the Project site is needed, such asfor the staging area or the field office, Contractor may need to make arrangements with the nearby property owner(s) tosecure the space. Before using or occupying any property owned by a third party, Contractor must provide Citywith a copy of thenecessarylicenseagreement,easement,or other written authorization from the property owner,together with a written releasefrom the property owner holding City harmless from any related liability, in a form acceptable to the City Attorney. 7.4Signs.No signs may be displayed on or about City’s property, except signage which is required by law or by the Contract Documents, without City’s prior written approval as to size, design, and location. 7.5Worksiteand NearbyProperty Protections. (A)General.Contractor is responsible at all times, on a 24-hour basisand at its sole cost,for protecting the Work,the Project site,andthematerials and equipment to be 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 tothe Work,City’s property, the property of adjacentor nearbyproperty owners, andthe 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 Worksite. (1)Subject toCity’sapproval, Contractor willprovide and install safeguards to protect the Work, the Project site, City’s real or personal property, andthe real or personal property of adjacent or nearby property owners. (2)Cupertino Sanitary District and the City of Sunnyvale own and operate wastewatersystemswithin Cupertino and theymay not be interrupted. Ifthe Work disruptsexisting sewer facilities, Contractor must immediately notify Cityto determine who owns the systemand establish a plan, subject to the systems owner’sapproval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill. (3)Contractor must remove with due care,and storeat City’s request, any objectsor materialfrom the Project site that City willsalvage or reuse at another location. (4)If directed by Engineer, Contractor must promptly repair or replace any property damage, as specified by the Engineer. However, acting in its sole discretion, City may elect to have the property damage remedied otherwise, and may deduct the cost to repair or replace the damaged property from payment otherwise due to Contractor. (B)SecuringProject Site. After completion of Work eachday, Contractor must secure the Project site and, to the extent feasible, make the areareasonablyaccessible to the publicunless Cityapproves otherwise.All excess materialsand equipment not protected by approved traffic control devicesmust be relocated to thestaging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. Contractor and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documentsor pursuant to prior written authorization from City. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 52 (C)Unforeseen Conditions.If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Drawings or apparent from inspection of the Project site, Contractor must immediatelynotify the City and promptlysubmit a Request for Information to the Engineer.Contractor mustavoid taking any action which could cause damage to thefacilities or utilities pending further direction from the Engineer.The Engineer’s written responsewill be final and binding on Contractor.If the Engineer’ssubsequent direction to Contractor affects Contractor’s cost or time to perform the Work, Contractor may submit a Change Order request as set forth in Article 6 above. (D)Support; Adjacent Properties.Contractor must provide, install, and maintain all shoring, bracing, andunderpinningnecessary to provide support to City’s property and adjacent properties and improvements thereon. Contractor must provide notifications to adjacent property owners as may be required by law. 7.6Materials and Equipment. (A)General.Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects,and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work.Contractor mustemploy measures to preserve the specified quality and fitness of the materialsand equipment.Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation, and must be installed in accordance with the manufacturer’s recommendations or instructions. Contractor is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for theWork, Contractoris responsible forproviding security andprotecting 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 assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered. (B)City-Provided.If the Work includes installation of materials or equipment to be provided by City, Contractor is solely responsible for the proper examination, handling, storage, and installation in accordance with the Contract Documents. Contractor must promptly notify Cityof 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 carefullyremove all existing equipment from the Worksite. 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) 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. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 53 (D)Intellectual Property Rights.Contractor must, at its sole expense, obtain any authorizationor licenserequired for use of patented or copyright protected materials, equipment, devices or processes that are incorporated intothe Work. Contractor’s indemnity obligationsin Article 4applyto any claimed violation of intellectual property rights in violation of this provision. (E)Certificate of Compliance.When a Certificate of Compliance is specified, or for any material or item (“material”) produced or assembled outside of the United States, Contractor must submit a Certificate of Compliance 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 material, its source, and the lot. Each Certificate of Compliance must be signed by the material 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 a 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 as otherwise specified, City retains full ownership of and all rights to use any water, soil, stone, gravel, sand, minerals or other materials (“Site Materials”) on City property, including the Project site, and including any site materials that have been extracted, excavated, 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 orin a Change Order for Contractor to make use of or incorporate specified Site Materials in the Work. 7.7Substitutions. (A)“Or Equal.”Any Specification designating a material, product, or thing (collectively, “item”)or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate the quality and type of itemor servicedesired, and Contractor may request use of any equal itemor service. (B)Request for Substitution.A request for substitutionof an item or servicemust be submitted in writing tothe Engineerfor approvalin advance,within the applicable time period provided in the Contract Documents. If no time 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 as an equal itemor servicemust be submitted with the written request for substitution. Contractor’s failure to timely provideallnecessary substantiation, including anyrequired test results as soon as they are available, is groundsfor rejection of the proposed substitution, without further review. (D)Burden of Proving Equality.Contractor has the burden of proving the equality of the proposed substitutionat Contractor’ssole cost, including testing using methods acceptable to City.Cityhas sole discretion to determine whether a proposed substitution is equal, and City’sdetermination is final. (E)Approval or Rejection.If the proposed substitution is approved, Contractor is solely responsible for any additional costsor timeassociated with the substituted itemor Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 54 service. If the proposed substitution is rejected, Contractor must, without delay, install the item or use the service as specifiedby City. (F)Contractor’s Obligations.City’sapprovalof a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all resulting cost impacts, includingthe cost of removal and replacement and the impact to other design elements. 7.8Inspection and Testing. (A)General.All materials, equipment, and workmanship used in the Work are subject to inspectionand testingbyCityat all times and locations during construction and/or fabricationand at any Worksite,including at shops and yardsas well as at the Project site, or at the plant of a manufacturer of materials or items to be incorporated into the Work.All manufacturers’ application or installation instructions must be provided to the Inspectorat least tendays prior to the first suchapplicationor installation.Contractor must, at all times, make the Work available for inspection. (B)Scheduling and Notification.Contractor must cooperate with City in coordinating the inspectionsandtesting. Contractor mustsubmit samples of materials, andschedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Contractor must notify the Engineerin writingno later thantwo Working Daysbefore anyinspectionor testingis being requestedandmust provide timely notice to the other necessary parties as specified in the Contract Documents.If Contractor schedules aninspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized City holiday, Contractor mustseek, in writing, Engineer’s approval at least two Working Daysin advance. If approved, Contractor must reimburse City for the cost of the overtime inspectionor testing.Such costs, including the City’s hourly costs for required personneland Inspector,may be deducted from payments otherwise due to Contractor. (C)Responsibility for Costs.Citywill 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 remediation costs. (2) Contractor will be responsible for inspectionand testingcosts, at the rate charged by the consultant retained by the City to provide inspectionand testing services,andfor inspectionand testingtime 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 theinspection ortesting, Contractor will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs. (4) Contractor isresponsible for properly shoringall compaction test sites deeper than five feet below grade, as 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 repaired, removed, replaced, or Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 55 corrected by Contractor, at Contractor’s sole expense, even if that Work or material was previously inspected or included in a progress payment. (D)Contractor’s Obligations.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. City’s determination as to conformity or allowable deviations is final.Contractor is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection of the Work does not in any way relieve Contractor of its obligations to perform the Work as specified. Any Work done without the required inspection(s)will also be subject to rejectionby City. (E)Distant Locations.If required off-site testing or inspection must be conducted at a location more than 100miles from the Project site, Contractor is solely responsible for the additional travel costs required for testing and/or inspection at such locations. (F)Plant Inspection.If 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 testingof materials or items required for the Work at the plant or facility from which the materials 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 to inspect materials or items at the source plant or facility. (G)Final Inspection.The provisions of this Section 7.8 apply to final inspection under Article 11, Completion and Warranty Provisions. 7.9WorksiteConditions and Maintenance.Contractor mustat all times, on a 24-hour basisand at its sole cost,maintain the Project site and staging and storage areasin clean and neat conditionand in compliance with all regulatory requirementsfor air quality anddustcontrol. Contractor mustalso,on a daily basis and at its sole cost, removeand properly dispose ofthe debris and waste materialsfrom the Project site. (A)Protection of Existing Property, Structures, and Utilities. If the Drawings indicate existing above-grade and below-grade structures, drainage lines, storm drains, sewers, water, gas, electrical, 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, at no increase in the Contract Price. (1) The Contractor may temporarily mark or paint the ground, pavement, sidewalk, or any other improvements, but must not do so in a public right-of-way or on the Site more than 30 days prior to the commencement of excavation work performed in connection with an installation. Any mark or paint must be removed from all surfaces, including any decorative work, within 30 days of the completion of the excavation work. The Contractor is responsible for any expense associated with damages caused by the Contractor’s mark or paint, including the removal thereof. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 56 (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 it removes or damages,or as marked in the Plans,at its expense. (B)Air Emissions Control. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any applicable law, regulation or rule. (C)Dust and Debris.Contractor mustminimize and confine dust and debris resulting from the Work.Contractor must abate dust nuisance bycleaning, sweeping, and immediately sprinkling with water excavated areasof dirt or other materials prone to cause dust,and within one hour after the Engineer notifies Contractor that anairborne 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 mayhave the work done by others and deduct the cost from the Contract Price.Contractor will immediately remove any excess excavated material from the Worksite and any dirt deposited onpublic streets. (D)Clean up.Before discontinuing Work in an area, Contractor must clean the area and remove all debrisand wastealong with the construction equipment, tools, machinery, waste and surplus materials. (1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage valueor intended reuse by City, will be Contractor’s property. (2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on City streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. Contractor must immediately remove spillage from hauling on any publicly traveled way. Streets affected by Work on the Project must be kept clean by street sweeping. (E)Disposal. Contractor must dispose of all Project debris and waste materials in a safe and legal manner. Contractor may not burn or bury waste materials on the Project site.Contractor will not allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of ontostreets,into manholesorinto City’s storm drain system. (F)Completion.At the completion of the Work, Contractor must remove from the Worksite all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance.Before demobilizing from the Worksite, Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas.Contractor must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Contractor must provide all cutting, fitting and patching needed to accomplish that requirement. Contractor must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. (G)Non-Compliance. If Contractor fails to complywith itsmaintenance and cleanup obligations or any City cleanup order, City may, acting in its sole discretion, elect to suspend the Work until the condition(s)is corrected with no increase inthe Contract Time Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 57 or Contract Price, orundertake appropriate cleanup measures without further notice and the cost willbe deducted from any amounts due or to become due to Contractor. 7.10Instructions and Manuals.Contractor must provide to City two boundcopiesand an electronic PDFcopy ofeach of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for Cityto easily maintain and service the materials and equipment installed forthis Project. (A)Submittal Requirements.All manufacturers’ application or installation instructions must be provided to Cityat least ten days prior to the first such application. The instructions and manuals, along with any required guarantees, must be delivered to Cityfor review. (B)Training.Contractor or its Subcontractors must instruct City’s personnel in the operation and maintenance of any complex equipment as a condition precedent to Final Completion, ifrequired in the Contract Documents. 7.11As-built Drawings.Contractor and its Subcontractors must prepare and maintain at the Project siteadetailed, complete and accurate as-built set ofDrawings 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. (A)Dutyto Update.The as-built drawings must be updated as changes occur, on a daily basis if necessary. Progress payments may be delayed, in whole or in part, until the as-built drawings are brought up to date to the satisfaction of City. Actual locations to scale must be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilitiesinstalled underground, in walls, floors, or otherwise concealed. Deviations from the original Drawings must be shown in detail. The exact location of all main runs, whether piping, conduit, ductwork or drain lines, must be shown by dimension and elevation. The location of all buried pipelines, appurtenances, or other improvements must be represented by coordinates and by the horizontal distance from visible above-ground improvements. (B)FinalCompletion.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 Completionand Final Payment. 7.12Existing Utilities.As required byGovernment Code section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by Cityin the Contract Documents, Contractor must immediately provide written notice to Cityand the utility.Cityassumes responsibility for the timely removal, relocation, or protection of existing main or trunk lineutility facilities located on the Project site if thoseutilities are not identified in the Contract Documents. Contractor willbe compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to Contractor’s failure to exercise reasonable care,and removing or relocating utility facilities not indicated in the Drawings or Specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Contractor willnot be assessed liquidated damages for delay in completion of the Work, to the extent the delay was caused by City’s failure to provide for removal or relocation of theutility facilities. 7.13Notice of Excavation.Contractor must comply with all applicable operator requirements in Government Code sections 4216 through 4216.5. Government Code section 4216.2requires that,except in an emergency, Contractor must contact the Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 58 appropriate regional notification center, or Underground Services Alert, at least two working days but not more than 14calendar days before startingany excavation if the excavation will be conducted in an area that is known, or reasonablyshould be known, to contain subsurface installations,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. 7.14Trenching and Excavationsof Four Feet or More.As 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 applyto the Work and the Project. (A)Duty to Notify.Contractor must promptly, and before the following conditions are disturbed, provide written notice to Cityif Contractor finds any of the following conditions: (1)Material that Contractor believes may be a hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law; (2)Subsurface or latent physical conditions at the Worksitediffering from those indicated by information about the Worksitemade available to bidders prior to the deadline for submitting bids; or (3) Unknown physical conditions at the Worksite of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work ofthe character required bythe Contract Documents. (B)CityInvestigation.Citywillpromptly investigate the conditions and if Cityfinds that the conditions materially differor involve hazardous waste, and cause a decrease or increase in Contractor’scost of, or the time required for, performance of any part of the Work, Citywill issue a Change Order. (C)Disputes.In the event that a dispute arises between Cityand Contractor regarding any of the conditionsspecified in subsection (A) above, Contractor will not be excused from completing the Work within the Contract Time, but must proceed with all Work to be performed under the Contract. Contractor will retain any and all rights provided either by the Contract or by law which pertain to the resolution of disputes between Contractor and City. 7.15Trenching of Five Feet or More.As required by Labor Code section 6705, if the Contract Price exceeds $25,000and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to Cityfor acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If theplan varies from the shoring system standards, it must be prepared by aCaliforniaregistered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited. 7.16New Utility Connections.Except as otherwise specified. Citywill pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any. Contractor must notify Citysufficientlyin advance of the time needed to request Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 59 service from each utility provider so that connections and services are initiated in accordance with the Project schedule. 7.17Lines 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. 7.18Historic 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. 7.19Recycling 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 depositat 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 CaliforniaGreen Building Standards Codeapplies to the Project,Contractor must submit to the City a waste management plan prior to starting work. Adisposal report is required upon completion of the Project,for materials that are hauled by Contractoror by the City’s franchised hauler. If a waste management plan is required it mustbe available throughout the duration of the Project for examination by the City.Electronic submittals are acceptable.The waste management plan mustinclude the following: (1)Project titleand number; (2)Identify the construction methods that will be employed to reduce waste; (3)Type ofmaterial(s)to be recycled, salvaged orlandfilled; Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 60 (4)Specify if the waste will be sorted onsite or bulk-mixed;and (5)Name and address of recycling facilit(ies)and landfill(s)to be used; The disposal report must include the following: (1)Project title; (2)Date and time of disposal; (3)Truck number; (4)Type of materialrecycled, salvaged, or landfilled; (5)Weight of materialrecycled, salvaged, or landfilled; (6)Name and address of recycling facilityor landfill; (7)Certification or weight tags from facility; (8)Weight tags for all material landfilled;and (9)If the recycling goal is not met, provide an explanation, to be approved byCity, for why it was not met. (E)Collection of Waste and Debris.Collection of garbage, mixednon-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, Contractormust dispose of debris from the Project in one of the following: (1)Franchised haulerbin; (2)A bin owned by Contractor or a demolition Subcontractor provided that it is hauled by an employee of the Contractor or the demolition Subcontractor and by avehicle owned and registered to the Contractor or the demolition Subcontractor; or (3)Private truck with a bed. (F)Recycling Containers.The disposal of garbage in containers designated for compostablewaste recycling is prohibited. 7.20Storm Water Pollution Control (A)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-site. If solid or liquid waste materials or pollutants from the Project enter thestorm drain system, Contractor must immediately notify the City’s Environmental Services Division, and thoroughly clean up the affected catch basins, storm sewer, and storm manholes to the satisfaction of the Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 61 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 to 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 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 (“Stormwater Permit”). 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 state, municipal or regional laws, ordinances, rules or regulations governing discharge of stormwater, including applicable municipal stormwater management programs. (D)Failure to Comply with Stormwater Permit.Contractor must pay all costs and liabilities imposed by law as a 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, penalties, and damages, whether assessed against the City or 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 BMPs, as applicable, into a site-specific Storm Water Pollution Prevention Plan (SWPPP) if required for this Project. The SWPPP must be approved by the Engineer prior to construction. (1)Non Hazardous Material/Waste Management. a.Contractor must designate areas of the Project site suitable for material delivery, storage, 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 10 feet away from catch basin and curb returns. c.Contractor must prevent granular material to enter the storm drains or creeks. d.During wet weather and when rain is forecast in the next 24 hours, Contractor must cover granular material with a tarpaulin 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 to controldust on a daily basis or as directed by the Engineer. f.At the end of each working day or as directed by the City, Contractor must clean and sweep roadways and on-site paved areas of all materials onoradjacentto the Worksite. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 62 g.Throughout the workingday and at the end of each working day, or as directed by the City, Contractor must pick up litter, trash, scrap, 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 in a 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 sweepingor other dry methods of spill cleanup such as applying absorbent, sweeping up material and disposing it in a waste bin. k.In addition to Contractor’s obligation to recycle materials pursuant to Section 7.19 of the General Conditions, Contractor must, to the maximum extent practicable, reuse or recycle any useful construction materials generated during the Project. l.Contractor must inspect any waste and recycling receptacles for leaks andmust contact the City’s trash hauling franchisee to immediately replace or repair any leaking receptacles. m.Contractor will not discharge water on-site as a result of cleaning recycling or trash receptacles. n.Contractor must arrange for regular waste collection before receptacles overflow, and must adjust the frequency of service or the receptacle size as needed to ensure that overflows do not occur. (2)Hazardous Material/Waste Management. a.Contractor must label and store all hazardous materials including but not limited to pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, including but not limited to waste oil and antifreeze; in accordance with the City’s Hazardous Materials Storage Ordinance and all applicable state and federal regulations. b.Contractor must keep an accurate, up-to-date inventory, including Materials Safety Data Sheets (MSDSs), of hazardous materials and hazardous wastes stored on-site. c.When rain is forecast within 24 hours or during wet weather, the Contractor must not apply chemicalssuch as pesticides and cleaners, or any materials that may potentially enter the storm drain system,in outside areas. d.Contractor must not over-apply pesticides or fertilizers and must follow materials manufacturer’s instructions regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals. Over- application of a pesticide constitutes a “label violation” subject to an enforcement action by the Santa Clara County Agriculture Department. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 63 e.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 at authorized and permitted treatment, storage and disposal facilities, and must use only licensed hazardous waste haulers to remove the waste off-site, 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 Clara County, Contractor may dispose of this waste through the Countywide Hazardous Waste Program. Businesses generating less than 27 gallons or 220 pounds of hazardous waste per month are legally classified as conditionally exempt small quantity generators (CESQGs). Information on the CESQG program may be requested by calling the County at (408) 299-7300. (3)Spill Prevention and Control. a.Contractor must keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site. 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. If the waste is hazardous, Contractor musthandle the waste as 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 by calling 911 and must notify the City’s Public Works Environmental Divisionat 408-777-3354. (4) Vehicle/Equipment Cleaning. a.Contractor will not perform vehicle or equipment cleaning on-site or in the street using soaps, solvents, degreasers, steam cleaning equipment, or equivalent methods. b.Contractor must perform vehicle or equipment cleaning, with water only, in a designated, bermed, perviousarea that will not allow rinse water to run offsite or into streets, gutters, storm drains, or creeks. (5)Vehicle/Equipment Maintenance and Fueling. a.Contractor will not perform maintenance and fueling of vehicles onsite. b.Contractor must perform maintenance and fueling of equipment only when necessary, and in a designated, bermed area or over a drip pan that will not allow run-on of storm water or runoff of spills. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 64 c.Contractor must use secondary containment, such as a drip pan, to catch leaks or spills any time that equipment fluids are dispensed, changed, or poured. d.Contractor must keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site to clean up drips and spills. e.Contractor must clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste, as described above. f.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 by calling 911. After the emergency has been reported, Contractor must notify the City’s 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 to catch 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. (6)Contractor Training and Awareness. a.Contractor must train all employees and Subcontractors on the SWPPPrequirements contained in these General Conditions. b.Contractor must includeappropriate provisions in its subcontracts to ensure that these SWPPPrequirements are met. c.Contractor must post warning signs in areas treated with chemicals. d.Contractor must paintCity-approved stencilor,preferably,apply steel medallions to, any new catch basins with the “No Dumping, Flows to Creek” stencil or medallion markers available fromthe City’s Public Works Environmental Division. (7)Activity-Specific Requirements.The following requirements applyif the Project includes the listedactivities. a.Dewatering or Pumping Operations. (i)Contractor mustnot discharge water to the storm drain system. Water discharges must be directed to a pervious, landscaped, or bioretention area where water will be infiltrated without causing runoff, or routed to the sanitary sewersystem after obtaining a permit from Cupertino Sanitary Districtor 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. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 65 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 pavingbe 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 coversas 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 coversand 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 theCity for its additional costs for removal and disposal of catch basin protection (BMPs). (vii)If the paving operation includesan 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. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 66 c.Saw Cutting. (i)Contractor must use as little water as possible during saw cutting and grinding operations. (ii)Contractor must cover or barricade catch basins using control measures, including but not limited to as 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 is covered. Contractor must refer to California Storm Water Best Management Practice Handbook for these control measures. (iii)Contractor must remove, clean and reapply or replace catch basin covers. (iv)Before Final Completion,Contractor must remove and dispose of all catch basin covers. (v)Contractor must shovel, absorb orvacuum saw cut slurry and pick up the waste prior to moving to the next location or at the end of each working day, whichever is sooner. (vi)If saw cut slurry enters catch basins, 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 or an equivalent barrier or use absorbent materials such as pads, pillows and socks to 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 cleanand away from the storm drain inlet. (iii)Contractor must clean up residues by sweeping up as much material as possible and must dispose of material properly. e.Concrete, Grout and Mortar Waste Management. (i)Contractor must avoid mixing excess amounts of fresh concrete or cement mortar on-site. (ii)Contractor must store concrete, grout and mortar away from drainage areas and ensure that these materials do not enter the storm drain system. (iii)Contractor will not wash out concrete trucks or equipmentinto streets, gutters, storm drains, or creeks. (iv)Contractor must perform washout of concrete trucks or equipment off-site or in a designated area on-site where the Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 67 water will flow onto dirt or into a temporary pit in a dirt area. Contractor must letthe water percolate into the soil and dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, Contractor must collect the wash water and remove it off-site. (v)Contractor will prevent creating runoff by drainingwater from washing of exposed aggregate concrete to a dirt area. If a suitable dirt area is not available, Contractor must collect the wash 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 to a stockpile or dispose of the waste in a trash container. f.Painting. (i)Contractor must conduct cleaning of painting equipment andtools in a designated area that will not allow run-on of storm water or runoff of spills. (ii)Contractor will not allow wash water from cleaning of painting equipment and tools into streets, gutters, storm drains or creeks. (iii)Contractor will remove as much excess paint as possible from brushes, rollers and equipment before starting cleanup. (iv)To the maximum extent practicable and with permission from Cupertino Sanitary District, Contractor will dispose of wash water from aqueous cleaning of equipment and tools to the sanitary sewer. (v)If Contractor cannot dispose of wash water to the sanitary sewer, Contractor must direct wash water onto dirt area and spade in. (vi)To the maximum extent practicable, Contractor will filter paint thinner and solvents for reuse. (vii)Contractor must dispose of thinners, solvents, 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, solvents, chemicals, and waste materials in compliance with the City of Cupertino Hazardous Materials Storage Ordinance and all applicable state and federal regulations. Contractor must store these materials in a designated area that will not allow run-on of storm water or runoff of spills. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 68 (ix)Contractor must dispose of dry or empty paint cans and buckets, old brushes, rollers, rags, and drop cloths in the trash. g.Earthwork. (i)Contractor must use the BMPs for erosion and sedimentation in either the California Storm Water Best Management Practice Handbook -Construction Activity or the ABAG Manual of Standards for Erosion and Sediment Control Measures. h.Thermoplastic. (i)Contractor must transfer and load hot thermoplastic away from drainagesystems or watercourses. (ii)Contractor must sweep thermoplastic grindings into plastic bags. Yellow thermoplastic grindings may require special handling as they may contain paint. i.Pesticide Usage and Pest Management. (i)Contractor must follow all federal, state, and local policies (including the City’s Integrated Pest Management Policy), 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 or mechanical methods; environmental controls (mulching, pest- resistant vegetation); biological controls (predators, parasites, etc.);less toxic controls (soaps, oils,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)If permitted to use pesticides, Contractor must use the least toxic pesticides available and the use and type of such pesticides must be approved by the City. The City will consider the LD50, overall risk to the applicator, and impact to the environment when approving the use of pesticides. (v)Contractor must apply pesticides at the appropriate time to maximize their effectiveness and minimize the likelihood of discharging non-degraded pesticides in stormwater runoff. Contractor will not apply pesticides if rain is expected. (vi)Contractor must mix and apply only as much material as is necessary for treatment. Contractor must calibrate application equipment prior to and during use to ensure desired application rate. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 69 (vii)Contractor will not mix or load pesticides in application equipment adjacent to a storm drain inlet culvert or watercourse. (viii)Contractor will not use Clopyralid, Diazinon, Chlorpyrifos, Chloradane, DDT, Dieldrin or other organophosphates. Fipronil and pyrethroids including, but not limited to Deltamethrin and Bifenthrin, will not be applied on City property. (ix)Contractor must submit monthly summaries of pesticide use to the Public Works Environmental Division on appropriate City form.Information provided must include, at a minimum, the product used, the method of application, date applied, the area to which it is applied, and the amount applied. 7.21Traffic 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 as to size, wording, and location. City, in its sole discretion, may direct Contractor to implement additional measures. Contractor may be required to cover certain signs which regulate or direct public traffic to roadways that are not open to traffic. The Engineer will determine which signs must be covered. 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 6 of the United States Department of Transportation MUTCD and the MUTCD 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, lights, 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 to the public. Contractor must complete the Work in a manner that allows for access to public rights-of-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 possible, public traffic must be routed on new or existing paved surfaces. E.Public Spills.Spillage resulting from hauling operations along or across any public right-of-way 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 a manner as to cause as little inconvenience as possible to abutting property owners. Contractor must maintain convenient access to driveways, houses, and buildings, 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-way line Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 70 is to be eliminated or replaced by other access facilities, the existing access will not be closed until the replacement access facilities are usable. H Lane Closures.Lane closures are not permitted before 7:00 A.M. or after 5:00 P.M. from Monday through Fridayor 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 a minimum of two travel lanes for traffic use (one in each direction) at all times. I.Costs.Contractor is solely responsible for all costs forall requiredtraffic control and public safety measures. 7.22NoiseControl.Contractor must comply with all applicable noise control laws, ordinances, 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 by Contractor. 7.23Fire Protection Plan.If a fire 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 a fire 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 at the Worksite(s); (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 complywith the fire protection plan (G)Safe storage and transport of flammable materials; and (H)Equipment for ventilation and illumination. Article 8-Payment 8.1Schedule of Values.Prior to submitting its first application for payment, Contractor must prepare and submit totheProject Managera schedule of values apportioned to the various divisions and phases of the Work,including mobilization and demobilization.If a Bid Schedule was submitted with Contractor’s bid, the amounts must be consistentwith the Bid Schedule.Each line item contained in the schedule of values must be assigned a value such that the total of all items equalsthe Contract Price. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with Contractor’s bid. (A)Measurements for Unit Price Work.Materials and items of Work to be paid for on the basis of unit pricingwillbe measured according to the methods stipulated in the Contract Documents. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 71 (B)Deletedor ReducedWork. Contractor will not be compensated for Work that City has deleted or reducedin 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 thoseactual, direct and documented costsincurred,and will not be entitled to any markupfor overhead or lost profits. 8.2Progress Payments.Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit totheProject Managera 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 mustbe 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.Citywill 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. Citywill 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. 8.3Adjustment of Payment Application.Citymay adjustor rejectthe amount requested, ina payment application, including application for Final Payment, in whole or in part,if the amount requested is disputedorunsubstantiated.Contractor will be notified in writing of the basis for the modifications to the amount requested. City may alsodeduct or withhold from payment otherwise due based uponanyof the circumstancesand amounts listed below. Sums withheld from payment otherwise due will be released whenthe 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 deductan amount based on the City’s estimated cost to correct or complete the Work; (B)For loss or damage caused by Contractor or its Subcontractorsarising out of or relating to performance of the Workor any failure to protect the Worksite, City may deduct an amountbased 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 deductan 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; Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 72 (G)For Contractor’s failure to maintain or submit as-built documents in the manner and within the time specified in the Contract Documents,City may withhold or deduct an amount based on the City’s cost to prepare the as-builts; (H)For Work performed without 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 or diminution in value; (I)For fines assessed under the Labor Code, as requiredby law; (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. 8.4Early Occupancy.Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work. 8.5Retention.Citywill 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 of the Work. (A)Substitution of Securities.As provided byPublic Contract Code section 22300, Contractor may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City. Any escrow agreement entered into pursuant to this provision mustfully comply with Public Contract Code section 22300, and will be subject to approval as to form by City’s legal counsel. (B)Release of Undisputed Retention.All undisputed retention, less any amounts that may be assessed as liquidated damages, retained forstop notices,or otherwise withheld under Section 8.3 or Section 8.6,will be released as Final Payment to Contractor no sooner than 35days following recordation of the notice of completion, and no later than 60days following acceptance of the Project by City’s governing body or authorized designeepursuant to Section 11.1(E) below, or, if the Project has not been accepted, no later than 60days afterthe Project is otherwise considered complete under Public Contract Code section 7107(c). 8.6Setoff.Cityis entitled to set off any amounts due from Contractor against any payments due to Contractor. City’s entitlement to setoff includes progress payments as well as Final Payment and unreleasedretention. 8.7Payment 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 Worksite by the Subcontractor or supplier during the preceding month. Such payments mustbe made in accordance with the requirements of the law, and those of the Contract Documents and applicable subcontract or supplier contract. (A)Withholding forStop Notice.Pursuant to Civil Code section 9358, Citywill withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by Cityfor the costs incurred in handling the stop noticeclaim, including attorneys’ fees and costs, as authorized by law. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 73 (B)Joint Checks.Cityreserves 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 by City. 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 Cityand a Subcontractor or supplier of any tier beyond the scope of the joint check agreement. 8.8Final Payment.Contractor’s application for Final Payment must comply withthe requirements for submitting an application for a progress payment as stated in Section 8.2, above. Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. The date of Final Payment is deemed to be effective on the date that Cityacts to release undisputedretention as final payment to Contractor, or otherwise provides written notice to Contractor of Final Payment. If the amount due from Contractor to Cityexceeds the amount of Final Payment, Cityretains the right to recover the balance from Contractor or its sureties. 8.9Release of Claims.Citymay, at any time, require that payment of the undisputed portion of any progress payment or Final Payment (exceptingundisputed retention subject to release under Public Contract Code section 7107) be contingent upon Contractor furnishing Citywith 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 therelease. 8.10Warranty ofTitle.Contractor warrants that title to all work, materials, or equipment incorporated into the Work or delivered to a Worksite, andincluded in a request for payment willpass over to Cityfree of any claims, liens, or encumbrances upon any payment to Contractorpursuant to this Article 8. Article 9-Labor Provisions 9.1Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. Contractor and its Subcontractors are required to comply with all applicable 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, 1777.5, 1777.6, and 3077.5. 9.2Labor Code Requirements. (A)Eight Hour Day.UnderLabor Code section 1810, eight hours of labor constitute a legal day’s work under this Contract. (B)Penalty.UnderLabor Code section 1813, Contractor will forfeit to Cityas a penalty, the sum of $25.00for 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 40hours per calendar week, except if such workers are paid overtime underLabor Code section 1815. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 74 (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. (D)Notices.Under Labor Code section 1771.4, Contractor is required to post all job site notices prescribed by law or regulation. 9.3Prevailing Wages.Each worker performing Work under this Contract that is covered under Labor Code section 1720or 1720.9, including cleanup at the Project site, must be paid at a rate not less than theprevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and available online at http://www.dir.ca.gov/dlsr. Contractor must post a copy of the applicable prevailing rates at the Worksite. (A)Penalties.UnderLabor Code section 1775, Contractor and any Subcontractor will forfeit to Cityas a penalty up to $200.00for each calendar day, or portion a day, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker. (B)Federal Requirements.If this Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements, Contractor and its Subcontractors are required to pay the higher of the current applicable prevailing wage rates under federal law, available online at http://www.access.gpo.gov/davisbacon/ca.html. 9.4Payroll Records.Contractor must comply with the provisions of Labor Code sections 1776 and 1812and all implementing regulations, which are fully incorporated by this reference, including requirements for electronic submission of payroll recordsto the DIR. (A)Contractor and Subcontractor Obligations.Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1)The information contained in the payroll record istrue and correct; and (2)Contractor or the 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 of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (C)Enforcement.Upon notice of noncompliance with Labor Code section 1776, 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 willforfeit a penalty of $100.00per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 75 request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from progress payments then due. 9.5Labor Compliance.UnderLabor Code section 1771.4, the Contract for this Projectis subject to compliance monitoring and enforcement by the DIR. Article 10-Safety Provisions 10.1Safety Precautions and Programs.Contractor and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. Contractor and its Subcontractors must at all times comply with all applicable safety laws, rules and regulations and seek to avoid injury, loss, or damage to personsor property by taking reasonable steps to protect its employees and other persons at the Worksite, materials and equipment stored on or off site, and property at or adjacent to the Worksite. (A)Reporting Requirements.Contractor must immediately providea written report to Cityof all recordable accidents and injuries occurring at the Worksite. If Contractor is required to file an accident report with a government agency, Contractor will provide a copy of the report to City. (B)Legal Compliance.Contractor’s safety program must comply with the applicable legal and regulatory requirements. Contractor must provide Citywith 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.If Citydetermines, in its sole discretion, that any part of the Work or Worksite is unsafe, Citymay, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If Contractor fails to promptly take the required corrective measures, Citymay perform them anddeduct the cost from the Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with City’s request for corrective measures pursuant to this provision. 10.2Hazardous Materials.Unless otherwise specifiedin the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Worksite that Contractor reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to City. No asbestos, asbestos- containing products or other Hazardous Materials may be used in performance of the Work. 10.3Material Safety.Contractor is solely responsible for complyingwith section 5194 of Title 8 of the California Code of Regulations, includingby providinginformation to Contractor’s employees about any hazardous chemicals to which they may be exposed in the course of the Work. Ahazard communication program and other forms of warning and training about such exposure must be used. Contractor mustalsomaintain Material Safety Data Sheets (“MSDS”) at the Worksite, as required by law, for materials or substances used or Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 76 consumed in the performance of the Work. The MSDS will be accessible and available to Contractor’s employees, Subcontractors, and City. (A)Contractor Obligations.Contractor is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Worksite and/or used in the performance of the Work.Contractor must notify the Engineer if a specified product or material cannot be used safely. (B)Labeling.Contractor must ensure proper labeling on any material brought onto the 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 solely responsible for determiningwhethera hazardous condition existsor is createdduring the course of the Work,involvinga 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 allprecautions necessary toaddress the condition andensure thatthe Work progressessafelyunder the circumstances. Hazardousconditions may result from, but are not limited to, use of specified materials or equipment, the Work location, theWorksite condition, the method of construction, or the way any Work must be performed. Article 11-Completion and Warranty Provisions 11.1Final Completion. (A)Final Inspection.When the Work required by this Contract is fully performed, Contractor must provide written notification to Cityrequesting 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, Citywill prepare a punch list of items that are incomplete, incorrectly installed, or not operating as required by the Contract Documents. The omission of any such item from this punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents. (B)Punch List.Citywilldeliver the punch list to Contractor and will specify the time by which all of the punch list items must be completed or corrected. The punch listmay include City’s estimated cost to complete each punch list item if Contractor fails to do so within the specified time. (C)Requirements forFinal Completion.Final Completion will be achieved upon completion or correction of all punch list items, as verified byCityinspection, and upon satisfaction of all other Contract requirements, 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 as required under Section 7.10, and as-built drawings as required under Section 7.11, all to City’s 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 authorizedto accept the Project, the Project will be considered accepted upon the date of the Engineer’s issuance of awritten notice of acceptance.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 soonerthan 35 Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 77 days after recordation of the notice of completion. If Contractor fails to complete all of the punch list items within the specified time, Citymay withholdup to 150% of City’s estimated cost to completeeach ofthe remaining items from Final Payment. 11.2Warranty. (A)General. Contractor warrants that all materials and equipment willbe new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work willbe free from material defects not intrinsic in the design or materials required in the Contract Documents. At City’s request, Contractor must furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance. (B)Warranty Period. Contractor’s warranty must guarantee its Work for a period of oneyear from the date of recordation of the notice of completion(the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufactureror is required by the Specifications or Special Conditions. Contractor must obtain from its Subcontractors, suppliers and manufacturers any special or extended warranties required by the Contract Documents. (C)Warranty Documents.As a condition precedent to acceptance, Contractor must supply Citywith 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 Documentsapplyto Work performed by Contractor and its Subcontractors, and Contractor agrees to beco- guarantor of such Work. (E)Contractor’s Obligations.Upon written notice from Cityto Contractor of any defect in the Work discovered during the Warranty Period, Contractor or its responsible Subcontractor mustpromptly correct the defective Work at itsown cost. Contractor’s obligation to correct defects discovered during theWarranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which Contractor was notified prior to expiration of the Warranty Period. (F)City’s Remedies.If Contractor or its responsible Subcontractor fails to correct defective Work within ten days following notice by City, or sooner if required by the circumstances, Contractor expressly agrees that Citymay correct the defects to conform with the Contract Documents at Contractor’s sole expense.Contractor mustreimburse Cityfor its costs within 30days following City’s submission of a demand(s)for payment pursuant to this provision. If Cityis required to initiate legal action to compel Contractor’s compliance with this provision, and Cityis the prevailing party in such action, Contractor and its surety aresolely 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 Cityincursto correct the defective Work. (G)Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, Contractorexpresslyagrees 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 action, Contractorand its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 78 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. 11.3Use Prior to Final Completion.Cityreserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if Cityhas 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. Citywillnotify Contractor in writing of its intent to occupy or make use of the Project or any portions of the Project, pursuant to this provision. (A)Non-Waiver.Occupation or use prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or Contractor’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completionwith respect to any statute of repose pertaining to the time for filing an action for construction defect. (B)City’s Responsibility.Citywill be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or usedbefore 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 useunder this Sectionactually adds to Contractor’s cost or time to complete the Workwithin the Contract Time. 11.4Substantial Completion.For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Subcontractor performs Work on the Project prior to recordation of the notice of completion, except for warranty work performed under this Article. Article 12-Dispute Resolution 12.1Claims.This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work. (A)Definition.“Claim” means a separate demand by Contractor, submitted in writing by registered or certified mail with return receipt requested, for 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 or in part. (B)Limitations.A Claim may only include the portion of a previously rejected demand that remains in dispute between Contractor and City. With the exception of any dispute regarding the amount of money actually paid to Contractor as Final Payment, Contractor is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to City in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by City. (C)Scope of Article.This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount, and applies in addition to the provisions of Public Contract Code section 9204 and sections 20104 et seq., which are incorporated by reference herein. (D)No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, Contractor must Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 79 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. 12.2Claims Submission.The following requirements apply to any Claim subject to this Article: (A) Substantiation.The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Article 12, and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with aschedule analysis and narrative depicting and explaining claimed time impacts. (B)Claim Format.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 information, including identification of the specific demand at issue, and the date of City's rejection of that demand. (3) Detailed explanation of the issue(s) in dispute. For multiple issues, separately number and identify each issue and include the following for each separate issue: a.The background of the issue, including references to relevant provisions of the Contract Documents; b.A 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 (A), above, on Substantiation); and e.Use of a separate page for each issue. (4) Summary of 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 inthis Claim are true and correct. Contractor warrants that this Claim is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay claim not included herein are deemed waived. Contractor understands that submission of a Claim which has no basis Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 80 in fact or which Contractor knows to be false may violate the False Claims Act (Government Code Section 12650 et seq.).” (C)Submission Deadlines. (1) A Claim must be submitted within 15 days following the date thatCity notified Contractor in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. (2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment, or will be deemed waived. (3) A Claim disputing the amount of Final Payment must be submitted within 15 days of the effective date of Final Payment, under Section8.8, above. (4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor. 12.3City’s Response.City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and Contractor or as otherwise allowed under Public Contract Code section 9204. However, 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. If Contractor fails to submit the additional documentation to City within 15 days of receipt of City’s request, the Claim will be deemed waived. (A)Additional Information.If additional information is thereafter required, 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. 12.4Meet and Confer.If Contractor disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response, or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, Contractor may notify City of the disputein writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to dispute City’s response in writing within the specified time, Contractor’s Claim will be deemed waived. (A) Schedule Meet and Confer.Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer.The meet and confer conference will be scheduled at a location at or near City’s principal office. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 81 (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, whichwill be submitted for mediation, as set forth below. 12.5Mediation 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 andconfer, 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 of a Government Code Claim is a condition precedent to filing any legal action based on or 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 is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation. 12.6Tort Claims.This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims. 12.7Arbitration.It is expressly agreed, under California Code of Civil Procedure section 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence. 12.8Damages.Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor isnot 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 at the Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non-availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 82 12.9Other Disputes.The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising fromor related to this Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article 13. Article 13-Suspension and Termination 13.1Suspension 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, Citymay immediately order the Work, or any portion of it, suspended until the cause for the suspension has been eliminated to City’s satisfaction. (A)Failure to Comply.Contractor will not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. (B)No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty to suspend the Work, and City’s failure to suspend the Work will not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents. 13.2Suspension for Convenience.Cityreserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City’s convenience, and not due to any act or omission by Contractor or its Subcontractors. Upon notice by Citypursuant to this provision, Contractor must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by Cityexcept for taking measures to protect completed or in progress Work as directed in the suspension notice. The Contract Price and the Contract Time willbe equitably 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 extendedif the suspensioncauses orwill causedelay in Final Completion. 13.3Termination for Default.Contractor may be deemed in defaultfor a material breach of or inability to perform the Contract, includingContractor’srefusal or 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 to its employees, Subcontractors, or suppliers or to correct rejected work; disregardoflaws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lackof financial capacity to complete the Work within the Contract Time; or responsibilityfor any othermaterial breach of the Contract requirements. (A)Notice.Upon City’s determination that Contractor is in default, Citymay 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 to 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, Citymay 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 Citymay immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 83 means that Citydetermines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by Cityto complete the Work following termination. In addition, Citywill 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 jurisdictionor 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 convenienceunderSection 13.4, below. Contractor waives any claim for any other damages for wrongful termination including consequential damages, lost opportunity costs or lost profits. 13.4Termination for Convenience.Cityreserves the right to terminate allor 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 termsor conditions that may bespecified in the notice;comply with City’s instructionsto protect the completed Work and materials;and use its best efforts to minimize further costs. Subject to City’s directions in the notice, Contractor mustnot 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 waivesany 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 additionalclaim orcompensation: (1)Completed Work.The value of its Work satisfactorily performed to date, based on Contractor’s schedule of valuesandunpaid 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. 13.5EffectofAnyContract Termination.Uponanytermination pursuant to this Article,City may enter upon and take possession of the Project and the Work. City may also take possession of, for thesolepurpose 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 incorporatedin 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 14.1Assignment of Unfair Business Practice Claims.UnderPublic Contract Code section 7103.5, Contractor and its Subcontractors agree to assign to Cityall rights, title, and interest in and to all causes of action it may have under section 4of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter2 (commencing with section Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 84 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract oranysubcontract. This assignment will be effective at the time Citytenders Final Payment to Contractor, without further acknowledgementby the parties. 14.2Provisions Deemed Inserted.Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. Ifit is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will bedeemedamended accordingly. 14.3Waiver.City’swaiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by City.City’swaiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by City. 14.4Titles, 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. 14.5Statutory and Regulatory References.With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that that bids were due. END OF GENERAL CONDITIONS Sports Center Upgrades-LED Message Sign Re-Bid GENERAL CONDITIONS Project Number 2017-19.02Page 85 Special Conditions 1.0.Existing Equipment. 1.1Contractor will carefullyremove all existing equipment from the Worksite. 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. 1.2If an item specified to be salvaged isdamaged 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. 2.0.Insurance Requirements.The insurance requirements under Section 4.3 are modified for this Contract, as set forth below. Except as expressly stated below, all other provisions in Section 4.3 are unchanged and remain in full force and effect. 2.1 Builders Risk Insurance Waived.The builder’s risk insurance policy requirement set forth in subsection 4.3(A)(3) of the General Conditions is hereby waived and does not apply to this Contract. 3.0.Work Days and Hours. Work hours and noise pose a special concern for projects in residential neighborhoods. The City is very concerned for its residents and will diligently enforce the restrictions below. 3.1 Authorized WorkDays.Work will only be performed on Work Days, as defined in the General Conditions, unless Contractor requestsotherwise from City in writing at least 2 working days in advance, and City approves the request in its sole discretion 3.2 AuthorizedWork Hours.7:00 a.m.-5:00 p.m. local time, weekdays.In the case of City Approved Work by Contractor after normal working hoursaccording to 4.1 above; Saturday hours: 9:00 a.m. –5:00 p.m.,Sunday hours:9:00 –4:00 p.m. 3.3 Worker Arrival Workers may arrive at the Worksite no earlier than 7:00 a.m. Violations of these requirements will result in a $3,000dollar penalty to Bidder/Contractor, per occurrence. 3.4 Parking.Parkingis not permitted on the Project site. Contractor and Subcontractors will direct their respective workers to park in the Cupertino Sports Center parking lot EAST(OUTSIDE) of the automatic gate and adjacent to North Stelling Avenue,or other appropriate off-site locations, including public parking facilities or public streets adjacent to or near the Project site, in compliance with applicable parking restrictions and requirements, and withoutblocking driveways and access. Contractor and its Subcontractors will encourage their respective workers to carpool. 3.5 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 Sports Center Upgrades-LED Message Sign Re-Bid SPECIAL CONDITIONS Project Number 2017-19.02Page 86 p.m. No equipment that has a safety back up beeper may be operated before 7:00 a.m. on any day. 3.6 Connections to Existing Facilities. Unless otherwise specified or indicated, Contractor will make all necessary connections to existing facilities, including structures, drain lines, and utilities such as water, sewer, gas, telephone, and electric. In 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. 3.7Road Shutdown. Contractor will execute the Work while roads are in operation except for the periods of 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 of the shutdown plan until acceptable to City. Contractor will employ sufficient labor, superintendence, and equipment on a 24-hour, 7 days a week 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 constraints, Contractor will provide power, lighting, controls, instrumentation, and safety devices. 3.8Noise Limitation.No non-construction noise will be allowed, this includes amplified music, radio or other noise not due to construction activities. 4.0SUBMITTALS FOR QUALITY ASSURANCE.In the Technical Specifications, the City may specify quality assurance requirements, including qualifications for special skills and experience required of the Contractor. For any specified skill, the Contractor may usea subcontractor that specializes in the work and meets the performance requirements, or the Contractor may self-perform the work, subject to demonstrating the necessaryskill, 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. 5.0Lines and Grades Verification All Workmustbe done to the lines, grades, and elevations indicated on the Drawings and Specifications,and in accordance with all applicable codes and laws. Contractor is required to verify forms and other work comply with lines, grades and elevations. Prior to pouring or placing any concrete or asphalt Contractor musthave a California licensed land surveyor or civil engineer field verify lines, grades and elevations prior to proceeding with the placement of concrete or asphalt. Theland surveyor or civil engineer musthave at least five years of relevant experienceandmust be acceptable to the City. Contractor mustprovide City verification ofthelicensing and experiencefor each proposed land surveyor or civil engineer. Contractor mustprovide City with inspection results for form and grade work. Contractor must remedy any non-compliant Work at no additional cost to City. 6.0 Pre-Construction Conference. City will designate a date and time for a pre- construction conference with Contractor following Contract execution. Project administration procedures and coordination between City and Contractor will be discussed, and Contractor must present City with the following information or documents at the meeting for City’s review and acceptance before the Work commences: Sports Center Upgrades-LED Message Sign Re-Bid SPECIAL CONDITIONS Project Number 2017-19.02Page 87 6.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent; 6.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours; 6.3 Staging plans that identify the sequence of the Work, including any phases and alternative sequences or phases, with the goal of minimizing the impacts on residents, businesses and other operations in the Project vicinity; 6.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer; 6.5 Draft baseline schedule for the Work as required under Section 5.2, to be finalized within 10 days after City issues the Notice to Proceed; 6.6 Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to Contractor; 6.7 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers; 6.8 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements; 6.9 Videotape and photographs recording the conditions throughout the pre- construction Project site, showing the existing improvements and current condition of the curbs, gutters, sidewalks, signs, landscaping, streetlights, structures near the Project such as building faces, canopies, shades and fences, and any other features within the Project area limits; 6.10 If requested by City, Contractor’s cash flow projections; and 6.11 Any other documents specified in the Special Conditions or Notice of Award. 7.0.Construction Manager Role and Authority.The Gilbane Building Company is the Construction Manager for this Project. The Construction Manager will assist City in the management of the construction of the Project. The Construction Manager may perform services in the areas of supervising and coordination of the work of Contractor and/or other contractors, scheduling the Work, monitoring the progress of the Work, providing City with evaluations and recommendations concerning the quality of the Work, recommending the approval of progress payments to Contractor, or other services for the Project in accordance with the Construction Manager’s contract with City. 7.1Communications.Contractor must submit all notices and communications relating to the Work directly to the Construction Manager in writing, as follows: Glenn Rock Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 PH: 408-660-4428 grock@gilbaneco.com Sports Center Upgrades-LED Message Sign Re-Bid SPECIAL CONDITIONS Project Number 2017-19.02Page 88 With a copy to the Architect of Record Shawn Sanfilippo Callander Associates Landscape Architecture, Inc. 300 South First Street Ste. 232 San Jose, CA 95113 408 275-0565 ssanfilippo@callanderassociates.com 7.2On-Site Management and Communication Procedures.The Construction Manager will provide and maintain a management team on the Project site to provide contract administration as an agent of City andwill establish and implement coordination and communication procedures among City, the Design Professional, Contractor,and others. 7.3Contract Administration Procedures.The Construction Manager will establish and implement procedures for reviewing and processing requests for clarifications and interpretations of the Contract Documents, Shop Drawings, samples, other submittals, schedule adjustments, Change Order proposals, written proposals for substitutions, payment applications, and maintenance of logs. 7.4Pre-Construction Conference.Contractor will attend the Pre-Construction Conference, during which the Construction Manager will review the Contract administration procedures and Project requirements. 7.5 Contractor’s construction schedules and will verify that each schedule is prepared in accordance with the requirements of the Contract Documents. 8.0.Close Out Requirements.Contractor’s close out requirements include the following, if applicable: 8.1 Contractor must replacein kind, any existing striping within and adjacent to the Project site that is damaged during the Work. Partially damaged striping must be replaced in its entirety. 8.2 Contractor must replace any survey monuments that are damaged or removed during the Work, with a Record of Survey filed by a licensed land surveyor as required by California law. 8.3 Before removing any traffic control or street signs on the Project site, Contractor must take photographs showing their original locations. Upon completion of each phase of construction, Contractor must temporarily reset the signs at those locations. Contractor must then replace the signs permanently upon completion of the Work and the cost of their removal and replacement must be included in the Bid Proposal. END OF SPECIAL CONDITIONS Sports Center Upgrades-LED Message Sign Re-Bid SPECIAL CONDITIONS Project Number 2017-19.02Page 89 ProjectForms Contractor must use the Project forms provided with these Contract Documents,asspecified in the Contract Documents, in addition to any City-required forms provided at the pre-construction conference.The following forms are included in the Project manual: Substitution Request Form Indemnity Agreement (Site Investigation) Release of Claims Form Sports Center Upgrades-LED Message Sign Re-Bid PROJECT FORMS 2017-19.02Page 90 Substitution Request Form This Substitution Request Form must be used for each requested substitution, including pre-bid and post-award requests. Reference Section 12of Instructions to Bidders and/or Section 7.7of the General Conditions for applicable substitution request requirements. The form must be completed fully and legibly as directed using additional pages if needed, dated, signed and submitted with all attachments via _____________________________<email/mail/other> to _____________________________<name and title> at ____________________________<email/address>. 1. Bidder/Contractor Name: 2. Subcontractor/supplier Name (if applicable): 3. Precisely identify by Specification, Drawing and/or detail number(s) the specified item that is the subject of this request (the “Specified Item”): 4. Identify and describe the proposed substitution (“Proposed Substitution”): 5. Explain the reason for requesting substitution of the Specified Item: 6. Explain why the Proposed Substitution is equal or superior to the Specified Item. Attach manufacturer’s literature, including complete technical data and laboratory test results, if applicable. 7. Describe the differences between the Proposed Substitution and the Specified Item: _____________________________________________________________________________ 8. Provide complete and specific information on changes to Drawings and Specifications that will be required for the Proposed Substitution, attaching separate sheets, including drawings, as needed: _____________________________________________________________________________ _____________________________________________________________________________ 9. Explain how the Proposed Substitution will affect dimensions shown on the Drawings: 10. Are the manufacturer’s guarantees and warranties on the Proposed Substitution equal or superior to those on the specified items? ___Yes / ___No If yes, describe each difference in detail: 11. If approved, what effect will the substitution have on other contractors, trades, or suppliers? 12. Will granting the requested substitution cause any schedule delay? ___Yes / ___No If yes, explain: ___________________________________________________________________________ Sports Center Upgrades-LED Message Sign Re-Bid SUBSTITUTION REQUEST FORM Project Number 2017-19.02Page 91 13. What is the estimated increase or decrease in the Contract Price if the Proposed Substitution is approved? Increase cost by $_____________ or Decrease cost by $______________ or No change________________ 14. If theProposed Substitution has a color or pattern, provide a color board showing Proposed Substitution in relation to the other adjacent colors and patterns. 15. List each document attached to this Substitution Request Form: By signing below, the Bidder or Contractor submitting this request for substitution certifies that the function, appearance, and quality of the Proposed Substitution is equivalent or superior to those of the Specified Item. Submittal Date: ________________________ Submitted by: For Use by City: Bidder/Contractor Name Accepted Accepted as Noted SignatureNot Accepted Received Too Late Name / TitleBy: City’s Representative AddressDate: City/State/ZipRemarks: Telephone: Date: Email: END OF DOCUMENT Sports Center Upgrades-LED Message Sign Re-Bid SUBSTITUTION REQUEST FORM Project Number 2017-19.02Page 92 Indemnity Agreement (Site Investigation) This Indemnity Agreement for site investigation (“Agreement”) is entered into by and between the City of Cupertino (“City”) and _______________________, a licensedcontractor and potential bidder (“Bidder”) for the City’s ________________ Project (“Project”), and is effective upon approval and execution by City, below. In consideration of City’s permitting Bidder to have access to, and to conduct investigations, tests and/or inspections on, the Project Site (“Site”), Bidder hereby agrees as follows: 1.To the fullest extent permitted by law, Bidder will indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with investigation of the Site, including, but not limited to, testing, inspections, ingress or egress (collectively, “Site Investigation”), by Bidder, its employees, prospective or current subcontractors, representatives, or agents regardless of any contributory negligence by any Indemnitee. 2.Bidder assumes all risk for any injury or damages arising from Bidder’s entry onto or activities at the Site, and fully waives and releases the City from any liability for any injury or damages arising from or pertaining to existing conditions at the Site. Bidder waives the provisions of California Civil Code Section 1542which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor. 3.Bidder will promptly repair any damage to the Site or adjacent property resulting from the Site Investigation, and comply with and be subject to all other requirements set forth in section 8.4, of the Instructions to Bidders(Pre-Bid Investigation). 4.Bidder has attached a certificate(s) of insurance evidencing insurance coverage that meets or exceeds the insurance requirements included in the Project General Conditions, using a form or forms acceptable to the City. 5.This Agreement is fully effective and binding on Bidder regardless of whether Bidder submits a bid for the Project, and regardless of whether Bidder is awarded a contract for the Project. _________________________________________ BidderBusiness NameDate SignatureSignature Name/Title (If Corporation: Chairman, President or Name/Title (If Corporation: Secretary, Assistant Vice President)Secretary, Chief Financial Officer or Assistant Treasurer) Agreed and Approved by the City of Cupertino: _______________________________________________________________ SignatureDate ___________________________________ Name/Title Sports Center Upgrades-LED Message Sign Re-Bid INDEMNITY AGREEMENT Project Number 2017-19.02Page 93 Release of Claims If required by the City of Cupertino for the above-referenced project (“Project”), this Release of Claims form must be completed as indicated, signed and submitted with Contractor’s payment application pursuant to Section 8.9 of the Contract General Conditions. Unless otherwise specified, all defined terms inthis Release of Claims form have the same meaning as stated in Article 1 of the Contract General Conditions. Contractor Name:__________________________ Payment Application Number: __________________________ Amount Requested:$_________________________ 1.Undisputed Amounts.Upon receipt of all undisputed amounts (“Undisputed Amounts”) from the City of Cupertino (“City”) for Work included in the above-referenced payment application, Contractor releases all claims against the City that relate to theUndisputed Amounts. Contractor’s release is a full, final, and general release of all claims, demands, actions, causes of action, obligations, costs, additional compensation, extension of the Contract Time, expenses, damages, losses and liability against the City, its City Council, collectively and individually, and all of City’s officers, officials, employees, consultants, inspectors, agents, representatives, assignees or transferees with respect to the Undisputed Amounts. 2.Civil Code Waiver.With respect to the above release for the Undisputed Amounts, Contractor waives the provisions of Civil Code section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” 3.Disputed Claims.Pursuant to Public Contract Code section 7100, Contractor’s release and waiver of the claims related to the Undisputed Amounts does not extend to disputed contract claims in stated amount excluded by Contractor, as follows: Claim No.DateAmount ClaimedDescription \[Information may be attached on a separate page\] 4.Legal Effect.By signing below, Contractor agrees that this Release of Claims will operate as a complete defense for City against any later attempts to seek recovery or damages of any kind against City that relate to the Undisputed Amounts. 5.Authorization and Execution.This Release of Claims must be signed by Contractor’s authorized representative. If Contractor is a partnership this Release of Claims must be signed in the partnership name by a general partner with authority to bind the partnership. If Contractor is a corporation this Release of Claims must be signed with the legal name of the corporation, Sports Center Upgrades-LED Message Sign Re-Bid RELEASE OF CLAIMS Project Number 2017-19.02Page 94 followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Release of Claims, under California Corporation Code section 313. Each individual signing below warrants that he or she is fully authorized to execute this Release of Claims onbehalf of Contractor and that it will be binding against Contractor. Contractor hereby agrees to all terms and conditions of this Release of Claims: ________________________________________________________________________________ ContractorBusiness NameDate SignatureSignature Name/Title (If Corporation: Chairman, President or Name/Title (If Corporation: Secretary, Assistant Vice President)Secretary, Chief Financial Officer or Assistant Treasurer) Agreed and Approved by the City of Cupertino: _______________________________________________________________ SignatureDate ___________________________________ Name/Title Sports Center Upgrades-LED Message Sign Re-Bid RELEASE OF CLAIMS Project Number 2017-19.02Page 95 Technical Specifications For Sports Center Exterior Upgrades – LED Message Sign Re-Bid Project Number 2017-19.02 Cupertino, California May 21, 2018 Section # Section Name 02 41 00 Demolition 03 30 10Site Concrete 03 45 00Pre-Cast ArchitecturalConcrete 04 43 13Stone Masonry 09 91 13 Exterior Painting 10 14 63 LED Outdoor Electronic Message Sign 26 01 00 GeneralElectrical 26 10 00 Basic Materials and Methods 31 13 16 Tree Protection 31 22 00 Earthwork and Grading 17049_TOC ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. DEMOLITION 02 41 00 Sports Center Exterior Upgrades – LED Message SignRE-BID Page 1 of 4 SECTION 02 41 00 DEMOLITION PART 1 -GENERAL 1.1SCOPE A.This section shall consist of all clearing, grubbing, concrete pavement removal, demolition of monument sign, mow band, construction fencing, and other miscellaneous demolition as shown on the plans or specified herein. 1.2REVIEW A.Contractor shall review with City's Representative the exact limits of work and extent of materials to be removed. 1.Examine site and structures and determine exact nature and status of structural elements and utilities prior to commencing demolition. 2.City assumes no responsibility for actual condition of items or structures to be demolished. 3.Prior to commencing the work, perform a site survey to identify existing areas of damage to adjacent building areas and other buildings. 1.3STANDARDS A.All work shall conform to ANSI A10.6, Safety Requirements for Demolition Operations. 1.4SCHEDULE A.Submit schedule indicating proposed methods and sequence of operations for selective demolition work for review prior to commencement of work. Include coordination for shut-off, capping, and continuation of utility services as required. 1.Provide detailed sequence of demolition and removal work to ensure uninterrupted progress of adjacent building uses. 2.Coordinate continued occupancy with adjacent building tenants. 024100_Demolition_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. DEMOLITION 02 41 00 Sports Center Exterior Upgrades – LED Message SignRE-BID Page 2 of 4 PART 2 -EXECUTION 2.1DEMOLITION OF STRUCTURES A.Provide a minimum of 72 hours advance notice of demolition activities. B.Protection: Provide temporary barricades and other forms of protection as required to protect general public from injury due to selective demolition work. Provide protective measures as required to provide free and safe passage of general public to and from occupied portions of building. C.Environmental Controls: Use water sprinkling, temporary enclosures, and other suitable methods to limit dust and dirt rising and scattering in air to lowest practical level. Comply with governing regulations pertaining to environmental protection. D.Utilities: Disconnect all utilities to structures to be demolished in the manner prescribed by the utility company. E.Selective Demolition: Perform selective demolition work in a systematic manner. Use methods required to complete work indicated on the drawings in accordance with demolition schedule and governing regulations. Conduct selective demolition operations and debris removal in a manner to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. F.Traffic: Do not close, block or otherwise obstruct streets, walks, or other occupied or used facilities without written permission from authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. G.Extent: Demolish footings to a depth of not less than 12 inches below finish grade. Demolish and remove below-grade wood or metal construction. Break up below grade concrete slabs. Completely fill below-grade areas and voids resulting from demolition work. Provide fill consisting of aggregate base class II, free of trash and debris, stones over 6 inch diameter, roots or other organic matter. H.Clean-up: Remove debris, rubbish and other materials resulting from demolition operations from building site. Transport and legally dispose of materials off site. I.Damages: Promptly repair damages caused to adjacent facilities by demolition 024100_Demolition_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. DEMOLITION 02 41 00 Sports Center Exterior Upgrades – LED Message SignRE-BID Page 3 of 4 work at no cost to the City. J.Contractor Salvage: Items indicated to be removed but of salvageable value to the Contractor may be removed from structure as work progresses. Transport Contractor salvaged items from site as they are removed. Storage or sale of removed items on site will not be permitted. 2.2CLEARING AND GRUBBING A.Contractor shall strip the site of all remaining materials not to remain as part of the finished work. All such materials shall be legally disposed of off-site at Contractor's expense except as otherwise noted on drawings. Items to be disposed of off-site include but are not limited to the following: 1.Trees, weeds, roots and other organic material, wood and trash. 2.Pavement and aggregate base. 3.Mow band. 4.Irrigation. B.Strip and remove weeds and trash from unpaved areas to be improved. Leave intact ornamental shrubs and trees as identified by City's Representative. The contractor shall protect surrounding areas from damage by equipment or construction operations. C.All excavation within the drip line of trees to remain shall be accomplished in a careful manner. No roots greater than one-inch diameter shall be cut. Where excavation reveals roots greater than one-inch diameter that will interfere with construction, Contractor shall notify City’s Representative for direction prior to proceeding. D.Where any marked or unmarked utility lines or other underground obstruction or piping may be encountered within the work area, notify the City's Representative or the agencies or service utility companies having jurisdiction thereof, and take necessary measures to prevent interruption of service (if live). Should such lines or service be damaged, broken, or interrupted, those services shall be repaired immediately and restored by him at his own expense. E.Abandoned lines, meters and boxes, obstructions or piping shall be removed, plugged or capped in accordance with the requirements and approval of the agencies affected. It shall be the responsibility of the Contractor to ascertain whether any public facilities exist along the line of work, whether or not shown on the plans; and Contractor shall, at the Contractor’s expense, do any 024100_Demolition_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. DEMOLITION 02 41 00 Sports Center Exterior Upgrades – LED Message SignRE-BID Page 4 of 4 necessary work to save from damage all such property in or adjacent to the work, and shall repair all damage thereto caused by the Contractor’s operations. F.Service connections to adjacent properties requiring removal or adjustment, due to new construction, will be so removed or adjusted during the course of construction operations. The Contractor shall cooperate with the utility companies and/or agencies in such work. G.Prior to commencement of site grading work the Contractor shall notify the City’s Representative that the site has been cleared. Site grading shall not commence until the City’s Representative has completed review of the site and has given approval to proceed. END OF SECTION 02 41 00 024100_Demolition_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. SITE CONCRETE 0330 10 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 1 of 3 SECTION 03 30 10 SITE CONCRETE PART 1 -GENERAL 1.1SCOPE A.Furnish and install all concrete as shown and specified. This work includes, but is not necessarily limited to concrete service pad, forms, reinforcing,and miscellaneous items. 1.2STANDARDS A.Unless otherwise shown or specified, all materials and methods shall conform to the appropriate current sections of: 1.The State of California, Department of Transportation Standard Specifications Sections 52, 73 and 90 except for measurement and payment requirements. 2.Applicable ASTM Specifications as they reasonably apply to this work, except for measurement and payment requirements. 3.American Concrete Institute (ACI), current standards. 1.3TOLERANCES A.Tolerances for subgrade, subbase and finished grade shall be as specified by the Standard Specifications except that Contractor shall deliver the full aggregate base and concrete thickness shown. No combination of high and low tolerances that compromise the section will be permitted. B.Concrete Final Finishes: The Contractor shall demonstrate to the satisfaction of the City’s Representative that he, or his subcontractor, possesses sufficient skills and experience to perform the work. Photographs and/or site visits of past work may be required to supply this information. Once the samples have been reviewed, the Contractor shall meet or exceed that quality of finish in all subsequent work. Contractor shall be responsible for removal of the samples at the completion of the work. C.Submittals: The following shall be submitted by the Contractor to the Engineer in accordance with the applicable portions of the referenced specifications: 033010_SiteConcrete_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. SITE CONCRETE 0330 10 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 2 of 3 1.The proposed mix design, giving the brand of cement, type, gradations and source of aggregates, water/cement ratio, mix proportions, and unit weight. 2.Manufacturer’s literature for admixtures, embedded items, liquid membrane-form curing compound and non-shrink grout. 3.Certification that materials are in compliance with specification requirements. 4.Method of transporting and placing concrete. 1.4JOB CONDITIONS A.Weather Limitations: Construct concrete surface course only when atmospheric temperature is above 40 degrees F., when the underlying base is dry, and when weather is not rainy. B.Grade Control: Establish and maintain the required lines and grades, including cross-slope during construction operations. All concrete shall slope to drain with no ponding of water. PART 2 -PRODUCTS 2.1MATERIALS A.Forms and Reinforcing: Per section 52. B.Concrete: Service pad shall conform to Section 73 of the Standard Specifications “Minor Concrete”.All other concrete structures shall conform to Section 90 of the Standard Specifications “Minor Concrete”. 1.Cement: Type II modified conforming to ASTM-C-150-02a. 2.Aggregate: Shall not be less than 3/8” or more than 1 inch in size. 3.Compression strength at 28 days to be a minimum 2,500 p.s.i. C.Color Admixture: 1.For concrete service pad add Hi-con black at a rate of 1/8lb. per sack or lampblack at ¾ lb. per cubic yard. D.Expansion Joint Filler: Fibre expansion joint by W.R. Meadows conforming to ASTM D-1751, or approved equal. 033010_SiteConcrete_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. SITE CONCRETE 0330 10 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 3 of 3 E.Cleaning Agents: As required. F.Aggregate Base: ClassII per (DTSS). PART 3 -EXECUTION 3.1PREPARATION A.Clear area or work of all debris and organic material. Recompact and regrade as necessary prior to placement of concrete. Verify that the subgrade and/or aggregate base is properly compacted and at suitable grade. B.Before beginning work and during construction, take all steps necessary for protection of existing improvements. As the concrete is being placed, extreme care shall be taken not to discolor or damage any improvements. If damage occurs, repair same, and if satisfactory repair cannot be made, remove and replace the section as directed. C.Formwork and Reinforcement: 1.Assure that excavations and formwork are completed. 2.Check that reinforcement is secured in place. 3.Verify that expansion joint material, anchors, and other embedded items are secured in position. 3.2INSTALLATION A.Finishes 1.Trowel Finish: Smooth, parallel to longest surface direction on concrete service pad. 3.3CLEAN UP: Upon completion of the work under this section, remove immediately all surplus materials, rubbish, and equipment associated with or used in the performance of this work. END OF SECTION 03 30 10 033010_SiteConcrete_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. PRE-CAST ARCHITECTURAL CONCRETE0345 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 1 of 9 SECTION 03 45 00 PRE-CAST ARCHITECTURAL CONCRETE PART 1 -GENERAL 1.1SCOPE A.Furnish and install all pre-cast architectural concrete as shown and specified. This work includes, but is not necessarily limited to pre-cast concrete cap, spacer sign panel, pin mounted letters, and miscellaneous items. See structural drawings for foundation. 1.2SUBMITTALS A.Product Data: For each type of product indicated. B.Design Mixes: For each concrete mix. C.Contractor shall submit to the engineer scaled shop drawings indicating monument sign dimensions, materials, finishes, colors, hardware, attachments, location of electrical sleeve and coil rods for City review and approval prior to fabricating sign and ordering materials. 1.Indicate locations and extent and treatment of dry joints if two-stage casting is proposed. 2.Indicate welded connections by AWS standard symbols. Detail loose and cast-in hardware, inserts, connections, and joints, including accessories. 3.Indicate locations and details of anchorage devices to be embedded in other construction. 4.Structural engineering for the pre-cast sign panel including calculations signed and sealed by the qualified professional engineer responsible for its preparation. D.Samples: For each type of finish indicated on exposed surfaces of precast architectural concrete illustrating full range of finish, color, and texture variations expected. E.Welding Certificates: Copies of certificates for welding procedures and personnel. F.Material Certificates: Signed by manufacturers certifying that each of the following items complies with requirements: 1.Concrete materials. 034500_PrecastConcrete ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. PRE-CAST ARCHITECTURAL CONCRETE0345 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 2 of 9 2.Reinforcing materials 3.Admixtures. 4.Water-absorption test reports. 1.3QUALITY ASSURANCE A.Installer Qualifications: An experienced installer who has completed precast architectural concrete work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B.Fabricator Qualifications: The fabricator shall be experienced in manufacturing precast architectural concrete units. C.Testing Agency Qualifications: An independent testing agency acceptable to authorities having jurisdiction, qualified according to ASTM C 1077 and ASTM E 329 to conduct the testing indicated, as documented according to ASTM E 548. D.Design Standards: Comply with ACI 318 (ACI 318M) and the design recommendations of PCI MNL 120, "PCI Design Handbook--Precast and Prestressed Concrete." E.Quality-Control Standard: For manufacturing procedures and testing requirements, quality-control recommendations, and dimensional tolerances for types of units required, comply with PCI MNL 117, "Manual for Quality Control for Plants and Production of Architectural Precast Concrete Products." F.Welding: Qualify procedures and personnel according to AWS D1.1, "Structural Welding Code--Steel"; and AWS D1.4, "Structural Welding Code--Reinforcing Steel." G.Samples: Before fabricating precast architectural concrete produce samples to establish the approved range of selections made under sample Submittals. Produce one (1) full-scale sample piece as chosen by the City, to demonstrate the expected range of finish, color, and texture variations. H.Maintain sample pieces during construction in an undisturbed condition as a standard for judging the completed work. 1.4DELIVERY, STORAGE, AND HANDLING A.Deliver precast architectural concrete to project site in such quantities and at such times to ensure continuity of installation. Store units at project site to 034500_PrecastConcrete ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. PRE-CAST ARCHITECTURAL CONCRETE0345 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 3 of 9 prevent cracking, distorting, warping, staining, or other physical damage, and so markings are visible. B.Lift and support units only at designated lifting and supporting points as shown on shop drawings. 1.5SEQUENCING A.Furnish anchorage items to be embedded in or attached to other construction without delaying the Work. Provide setting diagrams, templates, instructions, and directions, as required, for installation. PART 2 – PRODUCTS 2.1FABRICATORS A.Fabricator shall be Quick Crete Concrete Products Corp., Dura Art Stone,or approved equal. 2.2MOLD MATERIALS A.Molds: Provide molds and, where required, form-facing materials of metal, plastic, wood, or another material that is nonreactive with concrete and dimensionally stable to produce continuous and true precast concrete surfaces within fabrication tolerances and suitable for required finishes. 2.3CONCRETE MATERIALS A.Portland cement: ASTM C 150, Type I (white) or Type III (gray), of same type, brand, and source. B.Normal-Weight Aggregates: Except as modified by PCI MNL 117, ASTM C 33, with coarse aggregates complying with Class 5S. 1.Coarse Aggregates: Selected, hard, and durable; free of material that reacts with cement or causes staining. C.Coloring Admixture: ASTM C 979, synthetic mineral-oxide pigments or colored water-reducing admixtures, temperature stable, nonfading, and alkali resistant. D.Water: Potable; free from deleterious material that may affect color stability, setting, or strength of concrete and complying with chemical limits of PCI MNL 117. E.Air-Entraining Admixture: ASTM C 260, certified by manufacturer to be compatible with other required admixtures. 034500_PrecastConcrete ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. PRE-CAST ARCHITECTURAL CONCRETE0345 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 4 of 9 F.Water-Reducing Admixture: ASTM C 494, Type A. G.High-Range, Water-Reducing Admixture: ASTMC494, Type F. 2.4PRE-CAST CONCRETE SIGN PANEL: Intent of the drawings is to provide a single, pre-cast concrete sign panel with frame, cap and spacer, all cast as a single unit. A. Frame: Shall be as shown on the drawings. Frame to have Matthews exterior paint MP07425 Metro Gray color, satin. Frame to have light sandblast finish. B. Sign Panel: Shall be as shown on the drawings. Sign panel to have Matthews exterior paint MP06031 Smoked Hickory color, satin. Sign panel to have horizontally oriented wood grain textured finish on front and back of sign, Reckli 2/23 Alster, Fitzgerald Formliner or approved equal. Submit proposed formliner as part of shop drawing (see 1.2C of this section). C. Cap and Spacer: Shall be as shown on the drawings, Cap to have Matthews exterior paint MP03337 Gray Gelding color. Spacer to have Matthews exterior paint MP07425 Metro Gray color, satin. Cap and spacer to be light sandblast finish. 2.5PIN-MOUNTED LETTERS A.Shall be ¼” thick aluminum letters, pin-mounted to sign panel with threaded studs, Gemini Sign Letters or approved equal. “SPORTS CENTER” 8” tall, Trajan Pro Bold, Matthews exterior paint MP27386, Verizon White Color, Satin Finish. “CITY OF CUPERTINO” 4” tall Berthold Akzidenz Grotesk Bold extended, Matthews exterior paint MP27386 Verizon White color, satin finish. Pin-mount address to underside of pre-cast cap as shown on the drawings. 2.6GROUT MATERIALS A.Sand-Cement Grout: Portland cement, ASTM C 150, Type I, and clean, natural sand, ASTM C 144. Mix at ratio of 1 part cement to 2-1/2 parts sand, by volume, with minimum water required for placement and hydration. 2.7CONCRETE MIXES A.Prepare design mixes for each type of concrete required. B.Design mixes may be prepared by a qualified independent testing agency or by qualified precast plant personnel at precast architectural concrete fabricator's option. 034500_PrecastConcrete ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. PRE-CAST ARCHITECTURAL CONCRETE0345 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 5 of 9 C.Limit water-soluble chloride ions to the maximum percentage by weight of cement permitted by ACI318 (ACI 318M). D.Normal-Weight Concrete Mixes: Proportion mixes by either laboratory trial batch or field test data methods according to ACI 211.1, with materials to be used on Project, to provide normal-weight concrete with the following properties: 1.Compressive Strength (28 Days): 5000 psi (34.5 MPa). 2.Maximum Water-Cementitious Materials Ratio: 0.45. E.Add air-entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content complying with PCIMNL117. F.When included in design mixes, add other admixtures to concrete mixes according to manufacturer's written instructions. 2.8ANTI-GRAFFITI COATING A.Apply anti-graffiti coating to sign panel, cap, and spacer. Kelly Moore, Sherwin Williams or approved equal non-sacrificial anti-graffiti coating. 2.9MOLD FABRICATION A.Molds: Accurately construct molds, mortar tight, of sufficient strength to withstand pressures due to concrete-placement operations and temperature changes. B.Maintain molds to provide completed precast architectural concrete of shapes, lines, and dimensions indicated, within fabrication tolerances specified. 1.Edge and Corner Treatment: Uniformly radiused unless shown otherwise on the drawings. 2.10FABRICATION A.Cast-in Anchors, Inserts, Plates, Angles, and Other Anchorage Hardware: Fabricate anchorage hardware with sufficient anchorage and embedment to comply with design requirements. Accurately position for attachment of loose hardware, and secure in place during precasting operations. Locate anchorage hardware where it does not affect position of main reinforcement or concrete placement. Cast sleeves to accommodate coil rods and electrical sleeving. B.Furnish loose steel plates, clip angles, seat angles, anchors, dowels, cramps, hangers, and other hardware shapes for securing precast architectural concrete units to supporting and adjacent construction. 034500_PrecastConcrete ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. PRE-CAST ARCHITECTURAL CONCRETE0345 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 6 of 9 C.Cast-in reglets, slots, holes, and other accessories in precast architectural concrete units to receive windows, cramps, dowels, reglets, waterstops, flashings, and other similar work as indicated. D.All cast-in anchors, plates or inserts to be made from non-corrosive steel per PCI-ML117. E.Reinforcement: Comply with recommendations in CRSI's "Manual of Standard Practice" and PCI MNL 117 for fabricating, placing, and supporting reinforcement. 1.Clean reinforcement of loose rust and mill scale, earth, and other materials that reduce or destroy the bond with concrete. 2.Accurately position, support, and secure reinforcement against displacement during concrete-placement and consolidation operations. Completely conceal support devices to prevent exposure on finished surfaces. 3.Place reinforcement to maintain at least 3/4-inch (19-mm) minimum coverage. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position while placing concrete. Direct wire tie ends away from finished, exposed concrete surfaces. 4.Install welded wire fabric in lengths as long as practicable. Lap adjoining pieces at least one full mesh and lace splices with wire. Offset laps of adjoining widths to prevent continuous laps in either direction. F.Reinforce precast architectural concrete units to resist handling, transportation, and erection stresses. G.Mix concrete according to PCI MNL117 and requirements in this Section. After concrete batching, no additional water may be added. H.Place concrete in a continuous operation to prevent seams or planes of weakness from forming in precast concrete units. Comply with requirements in PCIMNL117 for measuring, mixing, transporting, and placing concrete. I.Thoroughly consolidate placed concrete by internal and external vibration without dislocating or damaging reinforcement and built-in items. Use equipment and procedures complying with PCI MNL 117. J.Comply with ACI 306.1 procedures for cold-weather concrete placement. K.Comply with ACI 305R recommendations for hot-weather concrete placement. 034500_PrecastConcrete ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. PRE-CAST ARCHITECTURAL CONCRETE0345 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 7 of 9 L.Identify pickup points of precast architectural concrete units and orientation in structure with permanent markings, complying with markings indicated on Shop Drawings. Imprint or permanently mark casting date on each precast architectural concrete unit on a surface that will not show in finished structure. M.Cure concrete, according to requirements in PCI MNL 117, by moisture retention without heat or by accelerated heat curing using low-pressure live steam or radiant heat and moisture. N.Discard precast architectural concrete that are warped, cracked, broken, spalled, stained, or otherwise defective unless repairs are approved by City. 2.11FABRICATION TOLERANCES A.Fabricate precast architectural concrete straight and true to size and shape with exposed edges and corners precise and true so each finished panel complies with PCI MNL 117 product tolerances as well as position tolerances for cast-in items. 2.12FINISHES A.Finish exposed-face surfaces of precast architectural concrete units to match approved design reference sample and as follows: 1.Textured-Surface Finish: Impart by form liners or inserts to provide surfaces free of pockets, streaks, and honeycombs, with uniform color and texture. Any air-pocket in the surface of the precast must be sacked or filled to match. 2.13SOURCE QUALITY CONTROL A.Quality-Control Testing: Test and inspect precast concrete according to PCIMNL117 requirements. B.Strength of precast concretewill be considered deficient if itfailsto comply with ACI 318 (ACI 318M) requirements. C.Testing: If there is evidence that the strength of precast concrete may be deficient or may not comply with ACI 318 (ACI 318M) requirements, City may employ an independent testing agency to obtain, prepare, and test cores drilled from hardened concrete to determine compressive strength according to ASTM C 42. 1.A minimum of three representative cores will be taken from units of suspect strength, from locations directed by City. 034500_PrecastConcrete ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. PRE-CAST ARCHITECTURAL CONCRETE0345 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 8 of 9 2.Cores will be tested in an air-dry condition. 3.Strength of concrete for each series of 3 cores will be considered satisfactory if the average compressive strength is equal to at least 85 percent of the 28-day design compressive strength and no single core is less than 75 percent of the 28-day design compressive strength. 4.Test results will be made in writing on the same day that tests are performed, with copies to City, Contractor, and precast concrete fabricator. D.Patching: If core test results are satisfactory and precast concrete comply with requirements, clean and dampen core holes and solidly fill with precast concrete mix that has no coarse aggregate, and finish to match adjacent precast concrete surfaces. E.Defective Work: Precast architectural concrete that do not comply with requirements, including strength, manufacturing tolerances, and finishes, are unacceptable. Replace with precast concrete that comply with requirements. PART 3 – EXECUTION 3.1EXAMINATION A.Examine substrates and conditions for compliance with requirements for installation tolerances, true and level bearing surfaces, and other conditions affecting performance. Proceed with installation only after unsatisfactory conditions have been corrected. B.Do not install precast concrete until supporting concrete has attained minimum design compressive strength. 3.2INSTALLATION A.Anchor precast sign panel in position by bolting, welding, grouting, or as otherwise indicated on the drawings and approved shop drawings. Remove temporary shims, wedges, and spacers as soon as possible after anchoring and grouting are completed. B.At bolted connections, use lock washers or other acceptable means to prevent loosening of nuts. C.Grouting Connections: Grout connections where required or indicated. Retain grout in place until hard enough to support itself. Pack spaces with stiff grout material, tamping until voids are completely filled. Place grout to finish smooth, 034500_PrecastConcrete ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. PRE-CAST ARCHITECTURAL CONCRETE0345 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 9 of 9 level, and plumb with adjacent concrete surfaces. Keep grouted joints damp for not less than 24 hours after initial set. Promptly remove grout material from exposed surfaces before it affects finishes or hardens. 3.3ERECTION TOLERANCES A.Install precast sign panel level, plumb, square, true, and in alignment without exceeding the noncumulative erection tolerances of PCI MNL 117, Appendix I. 3.4FIELD QUALITY CONTROL A.Testing: City will engage a qualified independent testing and inspecting agency to perform field tests and inspections. B.Field welds and connections using high-strength bolts will be subject to tests and inspections. C.Testing agency will report test results promptly and in writing to Contractor and Architect. D.Remove and replace work that does not comply with specified requirements. E.Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of corrected work with specified requirements. 3.5REPAIRS A.Repair exposed exterior surfaces of precast architectural concrete to match color, texture, and uniformity of surrounding precast architectural concrete if permitted by City. B.Remove and replace damaged precast architectural concrete if repairs do not comply with requirements. 3.6CLEANING A.Clean exposed surfaces of precast concrete after erection to remove weld marks, other markings, dirt, and stains. 1.Wash and rinse according to precast concrete fabricator's written recommendations. Protect other work from staining or damage due to cleaning operations. 2.Do not use cleaning materials or processes that could change the appearance of exposed concrete finishes. END OF SECTION 03 45 00 034500_PrecastConcrete ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. STONE MASONRY 0443 13 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 1 of 4 SECTION 04 43 13 STONE MASONRY PART 1 -GENERAL 1.1SCOPE A.Furnish and install all cobble and grout for monument sign stone base. See Section 04 22 00 for concrete unit masonry work on structural plans. 1.2STANDARDS A.Unless otherwise shown or specified, all materials and methods shall conform to the appropriate current sections of: 1.ASTM C97 – Standard Test Methods for Absorption and Bulk Specific Gravity of Dimension Stone. 2.ASTM C170 – Standard Test Method for Compressive Strength of Dimension Stone. 1.3SUBMITTALS A.Product Data: Submit stone supplier data about the stone, installation instructions, anchor details, color range of cobbles, grout manufacturer’s data sheet with color and general recommendations for grout installation, and other finishing materials. B.Mock-Up: Install a 3’ x 3’ mockup using specified stone and grout and batter, showing how installation will look for the final product. 1.Maintain mock-up during construction phase for workmanship comparison. Remove and legally dispose of at the end of the project. 2.Obtain City’s acceptance of mock-up prior to commencing work. 1.4DELIVERY, STORAGE AND HANDLING A.Store products in manufacturer’s unopened packaging or on palette(s) until ready for installation (as applicable). B.Prevent excessive mud, fluid concrete, or other deleterious materials from coming in contact with an affixing to stone materials. 044313_StoneMasonry_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. STONE MASONRY 0443 13 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 2 of 4 1.5PROJECT CONDITIONS A.Do not place backfill when subgrade is wet. B.Do not place backfill during wet weather that prevents conformance with specified compaction requirements. PART 2 -PRODUCTS 2.1MATERIALS A.Cobbles: Lin Creek Cobbles, 3” to6” size range as available from Lyngso Garden Materials, Payless Hardware and Rockery or approved equal. Fractured and/or split cobbles will not be accepted in the finished work. Color range to be brown, tan, rust and gray, and in equal proportions, and approved by the City in the mock-up (see 1.3B of this section). B.Grout: 28-day minimum compressive strength of 2,500 psi, and shall be composed of one part low alkali Portland cement, 2-1/4 to 3 parts sand, and 1 to 2 parts 3/8 inch maximum size pea gravel, to which shall be added not more than 1/10 part of lime. Sufficient water shall be added to produce consistency for pouring without segregation of the constituents of the grout. Combined aggregate volume shall be not more than 4 times that of the cement and lime. Grout color to be #543 Driftwood color and suitable for exterior use, Custom Building Products or approved equal. C.Water: Fit to drink. D.Aggregates: Conforming to ASTM C144. Sand conforming to the following aggregate gradation: Sieve Size No. % Passing each Sieve 4100 8100 16 60-90 30 35-70 50 10-30 100 0-5 044313_StoneMasonry_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. STONE MASONRY 0443 13 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 3 of 4 The aggregate shall not have more than 50% retained between any two consecutive sieves nor more than 25% between the No. 50 and No. 100 sieves. PART 3 -EXECUTION 3.1INSPECTION OF SURFACES A.Do not begin installation until substrates have been properly prepared. B.Verify substrate is level, smooth, and capable of supporting stone imposed loads. C.Verify grades, contours and elevations of substrate are correct. D.Verify substrate base supporting stone has been properly compacted. E.If substrate preparation is the responsibility of another installer, notify City of unsatisfactory preparation before proceeding. F.Clean surfaces thoroughly of debris, roots, branches and extraneous materials prior to installation. G.Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. 3.2INSTALLATION – COBBLE STONE A.Do not begin installation until bearing surfaces are level and substrates are clean and properly prepared. B.Clean all built-in items of loose rust, mud, or other foreign matter before incorporating into the wall. C.Install stone and grout in accordance with ACI 530. 1/ASCE 6/TMS 602 Specifications for Masonry Structures. D.Pattern Bond: 1.Lay stone with the most uniformly rounded and colored edge exposed to view. Take care to avoid a concentration of any one color to any one surface. 2.Stone is to be laid tight to one another, as the stone will naturally allow. 3.Do not use stacked vertical joints. 044313_StoneMasonry_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. STONE MASONRY 0443 13 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 4 of 4 4.Lay out work in advance and distribute color range of stone uniformly over total work area. 3.3PROTECTION A.Protect installed products until completion of project. B.Protect adjacent work areas and finish surfaces from damage during product installation. C.Cover the top of unfinished stone masonry work to protect it from the weather. D.Prevent staining of stone from mortar, grout, sealants, and other sources. Immediately remove such materials from stone without damage to the stonework. E.Protect base of walls from rain-splashed mud and mortar splatter by means of coverings spread on ground and over wall surface. F.Adjust or reset any materials disturbed by successive operations. G.Touch-up, repair or replace damage products before Substantial Completion. 3.4 CLEANING A.Clean exposed faces to remove dirt and stains which may be on units after erection and completion of joint treatments. B.Wash and rinse in accordance with stone supplier’s instruction. C.Do not use cleaning materials or processes which could change the character of the exposed finishes. END OF SECTION 04 43 13 044313_StoneMasonry_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. EXTERIOR PAINTING 09 91 13 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 1 of 3 SECTION 09 91 13 EXTERIOR PAINTING PART 1 -GENERAL 1.1SCOPE A.Furnish and apply all paint, and other finishes as shown and specified for the monument sign. 1.2STANDARDS A.All work shall conform to the applicable requirements for Type II "Premium" Specifications as prepared by the Painting and Decorating Contractors of America, except as modified herein. B.The paint manufacturer’s standard specifications will be considered as the minimum standard for the work. 1.3SUBMITTALS A.Submit a complete list of all materials proposed for use. The list shall show the specific label name of each product for each coat of finish. After review by the City no deviation from the list will be permitted without further approval. B.Provide sample finishes on the actual surfaces to be painted to verify appearance. Approved samples will become the standard for the work. 1.4DELIVERY, STORAGE & HANDLING A.Special care shall be taken in the handling of paint materials to prevent spillage and fire. Remove rags, waste, and empty containers from the site at the end of each work day. PART 2 -PRODUCTS 2.1MATERIALS A.General: All materials shall be "first line" or best quality as manufactured by Matthews Paint or approved equal. Where a product is specified by name, it is intended to establish the quality required for that use. 099113_ExteriorPainting_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. EXTERIOR PAINTING 09 91 13 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 2 of 3 B.Painting and Finishing Schedule 1.Monument Sign: Sign shall receive a minimum of two coats and additional coats as required to produce opaque quality. Colors shall be as indicated in Section 03 45 00. 2.Anti-Graffiti Coating: Per Section 03 45 00. PART 3 -EXECUTION 3.1PREPARATION A.Take special care to prevent spilling paint materials on surfaces not intended to receive them. B.Verify that the work to be painted is in suitable condition to receive each coat of paint. Should the Contractor find surfaces and conditions unacceptable, he shall at once report such conditions to the City and cease operations on the portion of the work affected. Application of paint shall occur only upon acceptance of surface and working conditions, and the Contractor shall be held responsible for the results. Clean all surfaces before painting. C.All work shall be scraped, sandpapered, sandblasted, rubbed, or otherwise brought to a smooth surface before finish is applied. Fill all minor cracks and depressions, backfill and trim between edges of trim, and finish to a clean-cut edge. D.All metal, excepting prefinished items and unless primed under other sections, shall be degreased with approved metal cleaner which will not affect the galvanized coat where it occurs. 3.2APPLICATION A.Apply all finishes in strict accordance with manufacturer’s recommendations. There shall be no perceptible difference in the shades of each successive coat of paint. No coat of paint shall be applied before a previous coat is thoroughly dry. B.Paint shall be applied on dry surfaces only, and worked thoroughly into all joints, crevices, and open spaces. 099113_ExteriorPainting_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. EXTERIOR PAINTING 09 91 13 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 3 of 3 C.Painting shall be done at such times as approved, but no painting shall be done during wet weather, or when any surface is damp or moist. D.Painting shall be done in a neat, workmanlike manner, and shall be uniform in appearance, smooth, free from runs, sags, defective brushing and clogging of the lines and angles. E.Edges of paint adjoining other materials or other colors shall be sharp and clean without overlapping. After application, paint shall not run or sag and shall dry to the touch within 18 hours. F.Wherever complete and satisfactory coverage is not obtained, the Contractor shall apply additional coats at no expense to the City. G.Painter shall repair any scratches, chips, etc. that occur during construction. H.All hardware shall be pre-painted on both sides prior to use. 3.3CLEANING A.Take special care to keep surrounding surfaces clean as the work progresses, and upon completion carefully remove all paint from surfaces not intended to receive it. Use no materials or methods that will damage surfaces. END OF SECTION 09 9113 099113_ExteriorPainting_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. LED OUTDOOR ELECTRONIC MESSAGE SIGN10 14 63 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 1 of 5 SECTION 10 14 63 LED OUTDOOR ELECTRONIC MESSAGE SIGN PART 1 -GENERAL 1.1SCOPE A.Furnish and install LED electronic sign as shown and specified. This work includes, but is not necessarily limited to sign cabinet and structure with exterior rated electronic computer programmable message display. 1.2STANDARDS A.ASTM A36 – Standard Specification for Carbon Structural Steel. B.ASTM A123 – Standard Specification for Zinc (Hot-Dip Galvanized) coatings on Iron and Steel Products. C.ASTM A307 – Standard Specifications for Carbon Steel Bolts (Ordinary Strength Bolts). D.ASTM A500 – Standard Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Squares. E.ASTM A529 – Standard Specification for High-Strength Carbon-Manganese Steel of Structural Quality. F.ASTM A572 – Standard Specification for High-Strength Low-Alloy Columbium- Vanadium Structural Steel. G.AWSD1.1, Structural Welding Code-Steel. H.ASTM F1554 – Standard Specification for anchor bolts, steel 36, 55 and 105 ksi yield strength. 1.3QUALITY CONTROL A.Signage and work under this section shall be manufactured by vendors dealing extensively in this work and capable of producing quality work B.Signage provider shall have at least ten (10) years of experience providing LED products and services for other public agencies. C.Entire unit shall comply with UL 48 and NEC Article 600 for Electric Sign Safety. D.Entire unit, including the assembled product to include UL listing. E.The entire sign shall be manufactured by one source, by a single manufacturer. 1.4SUBMITTALS A. The sign manufacturer shall provide a sample warranty for all components of the LED sign. 101463_LEDSign ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. LED OUTDOOR ELECTRONIC MESSAGE SIGN10 14 63 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 2 of 5 B. Product cut sheets and scaled drawing of LED sign. PART 2 -PRODUCTS 2.1PRODUCT DESCRIPTION A.Sign shall be DayStar LED signage from Stewart Signs Company, Daktronics GS6 seriesor approved equal. B.UL listed sign cabinet and structure with an exterior rated electronic computer programmable message display. C.Unitized construction of L.E.D. electronic message center. D.Signage consists of: 1.Separate Weather resistant and temperature controlled LED Cabinet with exposed pixels. E.Electronic LED message display cabinet. F.The electronic display shall becapable of independent video graphic files. Internal sign control equipment includes an industrial computer with the operating system, processor, hard drive, and memory. G.“DayStar EXP” LED Signage – Full Color, or approved equal. 2.2MATERIALS A.Aluminum Extrusions: ASTM B 221 (ASTM B 221M), alloy and temper recommended by aluminum producer and finisher for type of use and finish indicated, and with at least the strength and durability properties of Alloy 6063- T5. B.Steel: 1.Galvanized Steel Sheet: ASTM A 653/A 653M, G60 (Z275) coating, either commercial or forming steel. 2.Hot-Rolled Structural-Steel Shapes: ASTM A 36/A 36M or ASTM A 529/A 529M. 3.Steel Tubing: ASTM A 500, Grade B. 4.Steel Members Fabricated from Plate or Bar Stock: ASTM A 529/A 529M or ASTM A 572/A 572M, 42,000-psi (290-MPa) minimum yield strength. 5.Bolts for Steel Framing: ASTM A 307 or ASTM A 325 (ASTM A 325M) as necessary for design loads and connection details. 6.For steel exposed to view on completion, provide materials having flat, smooth surfaces without blemishes. Do not use materials whose surfaces exhibit pitting, seam marks, roller marks, rolled trade names, or roughness. C.LED Sign Protection Faces: Clear, matte finish polycarbonate Bayer™ “Makrolon” SL Sign Grade Sheet with advanced UV resistant technology. 101463_LEDSign ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. LED OUTDOOR ELECTRONIC MESSAGE SIGN10 14 63 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 3 of 5 1.Impact Resistance: 18 ft-lbf/in. per ASTM D 256. 2.Tensile Strength: 9000 lbf/sq. in. per ASTM D 638. 3.Flexural Modulus of Elasticity: 345,000 lbf/sq. in. per ASTM D 790. 4.Heat Deflection: 270 deg F at 264 lbf/sq. in. per ASTM D 648. 5.Abrasion Resistance: 1.5 percent maximum haze increase for 100 revolutions of a Taber abraser with a load of 500 g per ASTM D 1044. D.Cowling: Galvannealed sheet steel: 1.Minimum 24 gage (0.0276 inches). 2.Finish: Powder Coating. 2.3EXTERNAL EXTRUDED ALUMINUM ELECTRONIC MESSAGE CENTER CABINET A.Cabinet Dimensions: 2’-4” tall x 11’-10”wide x 8.5” deep B.The LED display cabinet is a single-sided LED display. C.Forced Air Ventilation (heating and cooling protection) D.Hinged Sign Face(s) allows access to internal components E.Concealed aluminum piano hinges F.Cover supported with integrated gas springs when open G.Matthews™ Automotive Paint Finish, color to be black H.Power Requirements: 4.7 amps @ 120 VAC or 2.3 amps @ 240 VAC I.LED Sign Protection Face 2.4LED DISPLAY A.Pixel Pitch: 16mm B.LED Pixel Matrix: 40x220 C.Electrical Requirements: 4.7 amps @ 120 VAC or 2.3 amps @ 240 VAC D.Working Temperature: -40°F to 185°F, 10-95% Relative Humidity E.Support a Voltage Range of: 88 ~ 264VAC F.Overload protection: 105 ~ 135% of rated power G.Input Efficiency: 83% H.Over Temperature Protection: Auto shut-down of voltage and recovers automatically when the temperature goes down. I.Brightness shall be variable, up to 10,000 NITs J.LEDs per Pixel: 2 Red, 1 Green and 1 Blue K.The LED display shall display the following: 1.Text 2.Graphics, video clips and animations 3.Colors - 281 quintillion 4.Up to 60 frames per second video clips, animations, and transitions 5.1,200 Hertz refresh rate 6.32 Gigabyte SATAIII Solid State Hard Drive with pre-loaded graphics library L.Brightness controlled automatically via a light sensor or manually through use of the controlling software. 101463_LEDSign ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. LED OUTDOOR ELECTRONIC MESSAGE SIGN10 14 63 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 4 of 5 M.Exhaust fans run 24/7 to regulate environment inside the display cabinet(s). 2.5DATA COMMUNICATION A.LED display shall be compatible with the following options. 1.Ethernet Cable 2.Wireless 2.6SPECIFIED PRODUCT WARRANTY A.Lifetime warranty against workmanship and defects B.Lifetime warranty on thepolycarbonate Makrolon SL® sign faces due to breakage by vandalism, except for gunshots C.5 Year warranty on the LED display and internal electronic components D.5 Year warranty on LED illumination LIteRods™ E.5-year warranty on communication devices 2.7SOFTWARE A.Provide City with web based interfacewith interface site compatible with modern web browsers. B.Software specification and capabilities 1.Secured Web Service hosting 2.2-factor authentication 3.Use from anywhere in the world with internet access on any modern browser 4.Scheduling capability in 12 or 24-hour formats 5.Automatic rebooting of system disk shall be made after a power outage; system clock and calendar shall continue to function during a power failure. 6.Text modules and scalable fonts shall be available feature. 7.Horizontal and Vertical Traveling text shall be available feature. 8.Supported Video file formats: AVI, MOV, MP4, MPG, and WMV. 9.Supported Image File Formats: BMP, GIF, JPG, PNG, and TIF. Display temperature in Fahrenheit or Celsius 10.Ability to add borders to text 11.Ability to overlay text on top of graphics or video clips 12.Ability to preview the message before transmitting to display. C.Software training 1.Manufacturer shall provide training with no fees and unlimited telephone training 2.The manufacturer will provide online links to software, programming/user manuals, and maintenance procedures. 101463_LEDSign ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. LED OUTDOOR ELECTRONIC MESSAGE SIGN10 14 63 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 5 of 5 PART 3 – EXECUTION 3.1EXAMINATION A.Verify the location and compatibility with adjoining work for the sign and notify the City representative of any conflict prior to start of work. B.Beginning of installation means installer accepts existing surfaces. C.Install in accordance with approved shop drawings and manufacturer’s written recommendations. D.Attach LED sign cabinet as shown on the drawings and per manufacturer’s recommendations. 3.2TOLERANCES A.Signs shall be true and plumb after installation. 3.3FIELD INSPECTIONS AND TESTS A.Inspections: Inspect equipment, signs, materials and installation for compliance with the applicable standards. B.Tests: Before Substantial Completion, perform operational tests to verify components including the actual sign, hardware and software. Test electrical connections and low voltage connection. 3.4TRAINING A.Manufacturer to provide a trained technician on site for four hours to train the city’s staff in the programming of the sign. The technician must be completely familiar with the system construction, assembly and testing of the equipment. The technician will set up the operating system, test and make the control system operational as well as the display system while on site. In addition, the technician shall go over maintenance requirements and replacement parts with a maintenance and operations representatives. 3.5CLEANUP A.Remove rubbish, debris, and waste materials and legally dispose of off Project site. 3.6PROTECTION A.Protect Work of this section until Substantial Completion. END OF SECTION 10 14 63 101463_LEDSign ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. GENERAL ELECTRICAL 2601 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 1 of 3 SECTION 26 01 00 GENERAL ELECTRICAL PART 1 -GENERAL 1.1 DESCRIPTION A.General: Furnish all labor, materials, apparatus, tools, equipment, transportation, temporary construction and special or occasional services as required to make a complete working electrical installation, as shown on the drawings or described in these specifications. B. Work Included: 1. Grounding and bonding 2. Branch circuit wiring 3. Raceways and boxes 4. Site work, trenching, backfill and compaction 5. Demolition and removals 6. Testing C. Related Work: 1. Perform the following work, in accordance with appropriate sections of the specifications cited, where and as necessary to furnish a complete, working electrical installation. D. Related Work Not Included in Contract: 1. None. 1.2 REFERENCES A. Specific: 1.The following publications or editions of the documents current at the time a project is on-going shall apply: a. National Electrical Code b. California Uniform Building Code c. California Code of Regulations, Titles 24 2.Equipment and materials specified under this Division shall conform to the following standards where applicable. a. UL, Underwriters' Laboratories b. ASTM, American Society for Testing Materials c. CBM, Certified Ballast Manufacturers 260100_GeneralElectrical ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. GENERAL ELECTRICAL 2601 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 2 of 3 d.ANSI, American National Standards Institute 1.3 DRAWINGS A. Layout: General layout shown on the drawings shall be followed except where other work may conflict with the Drawings. B. Accuracy: 1. Drawings for the work under this Section are diagrammatic. 2. Contractor shall verify lines, levels and dimensions shown on the Drawings and shall be responsible for the accuracy of the setting out of work and for its strict conformance with existing conditions at the site. 1.4 PRODUCT DELIVERY, STORAGE AND HANDLING A. Equipment and materials shall be properly stored and adequately protected and carefully handled to prevent damage before and during installation. Equipment and materials shall be handled, stored, and protected in accordance with the manufacturer's recommendations and as approved by the City. Electrical conduit shall be stored to provide protection from the weather and accidental damage. Plastic conduit shall be stored on even supports and in locations not subject to direct sun’s rays or excessive heat. Cables shall be sealed, stored and handled carefully to avoid damage to the outer covering or insulation and damage from moisture and weather. Damaged or defective items, in the opinion of the City, shall be replaced with new items at no cost to the City. 1.5 PERMITS AND FEES A. Provide and pay for all permits, licenses and fees required to carry on and complete the work. PART 2 -PRODUCTS (Not applicable) PART 3 -EXECUTION 3.1 TESTS A. Tests shall be conducted during the construction period and at completion to determine conformity with applicable Codes and with these Specifications. Tests shall be performed in the presence of the City, and shall include, but are not limited to, the following: 260100_GeneralElectrical ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. GENERAL ELECTRICAL 2601 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 3 of 3 1. Ground Resistance: Test ground resistance per IEEE Standard No. 81. 2. Circuits Continuity: Test all branch circuit wiring for continuity. Test all neutrals for improper grounds. 3. Product Failure: Any product which fails during the tests or are ruled unsatisfactory by the City shall be replaced, repaired, or corrected as pre- scribed by the City at the expense of the Contractor. Tests shall be performed after repairs, replacements or corrections until satisfactory performance is demonstrated. 3.2 PROJECT RECORD DOCUMENTS (AS-BUILT) A. Provide Project Record Drawings and Specifications as required by other Sections of the Specifications and as required herein. Such drawings shall fully represent installed conditions including actual location of outlets, correct conduit and wire sizing as well as routing, revised fixture scheduling listing the manufacturer and products installed. B. All changes to drawings shall be clearly marked on plans and submitted to City. City shall make final record drawings. 3.3WORKMANSHIP A. Coordinate work and cooperate with others in furnishing and placing this work. B. Conform to the National Electrical Contractor's Association Standard of Installation for general installation practice. 3.4 PROTECTION A. Keep conduits, junction boxes, outlet boxes, and other openings closed to prevent entry of foreign matter. Cover fixtures, equipment and apparatus and protect against contamination or damage from dirt, paint, water, chemical or mechanical means, before and during construction period. Restore to original condition any fixture, apparatus, or equipment damaged prior to final acceptance, including restoration of damaged shop coats of paints, before final acceptance. Protect bright finished surfaces and similar items until in service. No rust or damage will be permitted. END OF SECTION 26 01 00 260100_GeneralElectrical ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. BASIC MATERIALS AND METHODS 26 10 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 1 of 4 SECTION 26 10 00 BASIC MATERIALS AND METHODS PART 1 -GENERAL 1.1 DESCRIPTION A. Work specified in this section encompasses products, assemblies and basic installation methods required for electrical project systems specified under this Division. B. Work Included: 1. Conduits and fittings 2. Conductors 3. Wire connections and devices 4. Outlet boxes 5. Ground rod box 6.Ground rods and fittings B. Related Work: 1.Section 2601 00 -General Electrical 1.3 SUBMITTALS A. Submit in conformance with the requirements of Section 26 01 00 the following items: 1. Conductors and cables 2. Raceways 3. Outlet boxes 4. Ground rods and fittings PART 2 -PRODUCTS 2.1 CONDUITS AND FITTINGS A. Rigid Steel Conduit 1.Conduit, rigid steel: full weight, threaded,hot-dip galvanized, inside enameled, conforming to ANSI C80.1 2. Three-piece couplings: electroplated, cast malleable iron. Efcor 165 series, O.Z./Gedney 4-50 series, or approved equal 3. Threadless couplings: electroplated, cast malleable iron, with integral 261000_BasicMeterials&Methods ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. BASIC MATERIALS AND METHODS 26 10 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 2 of 4 conduit stop, Efcor 1760, or approved equal. 4. Threadless connectors: electroplated, cast malleable iron, on threaded male hub plastic insulated throat rated 90 degrees C minimum: Efcor 1750B series, O.Z./Gedney 31-050 1T series, or approved equal. 5. Insulated bushings: threaded polypropylene or thermosetting phenolic rated 150 degrees C minimum. 6.Insulated grounding bushings: threaded cast malleable iron body with insulated throat and steel, "lay-in" ground lug with compression screw: O.Z./Gedney BLG series, Thomas & Betts 3870 series, or approved equal. 7. Insulated metallic bushings: threaded cast malleable iron body with plastic insulated throat rated 105 degrees C., O.Z./Gedney Type B, Thomas & Betts 1222 series, or approved equal. E. Rigid Non-Metallic Conduit 1.Schedule 40 PVC and Schedule 40 and 80 HDPE per ASTM D 2447, conforming to NEMA TC 3. 2.All fittings solvent welded. 3.As manufactured by Carlon, Wesflex Pipe Manufacturing, or approved equal. F. Minimum acceptable conduit size: 3/4 inch. 2.2 WIRE AND CABLE A. General 1. Acceptable manufacturers: Southwire, Triangle, PWC Inc., or approved equal. 2. Conductor material: All wire and cable shall be insulated copper for all wire sizes. 3. Insulation: Insulation shall be THWN-THHN for wire sizes through size 1/0 AWG. For larger wire sizes insulation shall may be THWN, XHHW, THW or as required to suit application. 4. Fixture wire: Type AF. 5. Minimum conductor size: #12 AWGstranded, for branch circuit wiring 6. Color coding: System conductors shall be identified as to phase connections by means of color impregnated insulation or approved colored marking tapes as follows: VOLTAGE A PH. B PH. NEUTRAL GROUND 240V/120 Black Red WhiteGreen 261000_BasicMeterials&Methods ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. BASIC MATERIALS AND METHODS 26 10 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 3 of 4 2.3 GROUNDING A.Enclosures of equipment, raceways, and signs shall be permanently and effectively grounded. Where needed, provide code-sized, unless otherwise indicated, copper insulated green equipment ground with all conduit runs. B. Driven ground rods shall be copper-clad steel, minimum size 5/8” diameter x 8 feet long for new monument in Christy GR ground rod box, Erico, Chance, Harger, or approved equal. Ground rods shall be provided with suitable rod clamps of phosphor bronze. PART 3 -EXECUTION 3.1 CONDUIT AND RACEWAY APPLICATIONS A.Rigid Steel Conduit: For all exposed conduit exposed to mechanical damage, and for underground protect withcorrosion resisting tape wrapping. B.Rigid Non-Metallic Conduits: Schedule 40 & 80 PVC may be used underground only. 3.2 CONDUIT INSTALLATION A. General 1.Conduit system shall be concealed unless exposed work is clearly indicated on the Drawings. 2. Conduits shall be tightly covered and well protected during construction using metallic bushings and bushing "pennies" to seal open ends. 3. Conduit systems shall be electrically continuous throughout. Install code size, insulated, copper, green grounding conductor in all conduit runs indicated. B. Layout 1. Locations of conduit runs shall be planned in advance of the installation and coordinated with the paving, drainage and site work in the same areas. 2. Conduits shall not be placed closer than 12 inches from a parallel water line, or 6 inches from such lines crossing perpendicular to the runs. C. Supports 1. All raceways shall be secured to the structures using specified fasteners, 261000_BasicMeterials&Methods ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. BASIC MATERIALS AND METHODS 26 10 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 4 of 4 clamps and hangers spaced according to code requirements. 2. Support single runs of conduit using one-hole pipe straps. Where run horizontally on walls in damp or wet location, install "clamp backs" to space conduit off the surface. D.Termination and Joints 1.Raceways shall be joined using specified coupling or transition couplings where dissimilar raceway systems are joined. 2.Conduits shall be securely fastened to cabinets, boxes and gutters using two-locknuts and an insulating bushing or specified insulated connectors. Install grounding bushings or bonding jumpers on all conduits terminating at concentric knockouts. 3. Conduit terminations exposed at weatherproof enclosures shall be made watertight using specified connectors and hubs. 3.3 WIRE INSTALLATION A. General 1. Conductors shall not be installed in conduit until all work of any nature that may cause insulation injury is completed. Care shall be taken in pulling conductors that insulation is not damaged. UL approved non-petroleum base and insulating type pulling compound shall be used as needed. 2. All cables shall be installed and tested in accordance with Manufacturer's requirements and warranty. B. Splicing and Terminating 1.All aspects of splicing and terminating shall be in accordance with cable manufacturers published procedures. 2.Make up all splices in outlet boxes with connectors as specified herein with separate tails of correct color to be made up to splice. Provide at least six (6) inches of tails packed in box after splice is made up. 3.All wire and cable in panels, terminal cabinets and equipment enclosures shall be bundled and clamped. C. Wire Markers 1.Install wire marker tags with circuit number on all phase conductors found in site pull boxes, and in all wires in power posts and receptacles posts. END OF SECTION 26 01 00 261000_BasicMeterials&Methods ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. TREE PROTECTION 31 13 16 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 1 of 2 SECTION 31 13 16 TREE PROTECTION PART 1 – GENERAL 1.1SCOPE A.Furnish and supply all equipment necessary for tree protection. B.All work shall be done per the International Society of Arboriculture (ISA) tree protection requirements. 1.2ACCESS AND STORAGE A.Prior to commencement of work, the Contractor shall confer with the City for the purposes of determiningthe limits of work as it relates to trees to be protected. At no time shall materials, soil or equipment be stored or placed within the "dripline" of existing trees to be preserved. At no time shall vehicles be parked within the “dripline” of an existing tree to be preserved. 1.3CO-ORDINATION AND SCHEDULING OF WORK A.Contractors shall work out any cooperative schedules. Construction of underground electrical workaround existing trees, shall receive priority in scheduling in order that trenching, and electrical installation and backfilling can be done in an expedient manner. PART 2 – PRODUCTS 2.1FENCING A.All trees to be retained shall be temporarily fenced per plan. 1.Orange Construction Fence: Shall be 36” high orange construction fence installed with t-posts per manufacturers recommendations. 311316_TreeProtection_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. TREE PROTECTION 31 13 16 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 2 of 2 PART 3- EXECUTION 3.1PRESERVATION OF EXISTING TREES A.Protection: Shall be as shown on plans. Contractor shall take precaution to protect tree trunks from cuts and abrasions and minimize activities and traffic under the dripline of the trees to be protected. B.Excavation, Trenching and Backfill: All trenching under the drip line of the tree shall be hand dug with no roots over 1 inch diameter being cut or damaged. C.Root System Repair: All exposed severed root ends are to be cut off smoothly. D.Watering: Shall be per plans. 1.If trees show stress it may become necessary for Contractor to perform deep root watering as required at no extra cost to the City. END OF SECTION 02231 311316_TreeProtection_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. EARTHWORK AND GRADING 31 22 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 1 of 6 SECTION 31 22 00 EARTHWORK AND GRADING PART 1 -GENERAL 1.1SCOPE A.Perform all rough grading work as shown and specified including, but not necessarily limited to, site grading for monument sign, including subgrade compaction. 1.2STANDARDS A.Unless otherwise shown or specified, all materials and methods shall conform to Section 19 Earthwork of the State of California, Department of Transportation, Standard Specifications as they reasonably apply to this work, except for measurement and payment requirements. 1.3QUALITY CONTROL A.Soil Samples: Contractor shall provide a one-quart sample of the import topsoil to Waypoint Analytical, Inc. of San Jose, (408) 727-0330, for their testing for conformance to this specification. No material shall be delivered to the site, graded on-site, or otherwise modified until the City approves the material. All testing costs shall be paid for by the Contractor. Contractor shall allow for sufficient time for such testing prior to construction. Testing costs for the initial samples and costs for any additional samples due to non-compliance shall be paid for by the Contractor. B.All excavation, for monument sign installation, placement and compaction of fill and preparation of subgrade shall be reviewed by the Engineer. Contractor shall schedule work and notify Engineerthree working days in advance of each portion of grading operations for their review, testing and approval. The Contractor shall cooperate with the City in performing these tests. All tests indicating conformance to projectrequirements shall be paid for by the City. Costs of retesting and re-inspection required as the result of inadequate, insufficient, or incomplete work by the Contractor shall be deducted from the contract amount. C.Compaction Test Method: Where referred to in these specifications, "compaction" or "relative compaction" shall mean the in-place dry density of soil 312200_EarthworkandGrading_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. EARTHWORK AND GRADING 31 22 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 2 of 6 expressed as a percentage of the maximum dry density of the same material as determined by ASTM D-1557-02e1. D.The Contractor shall provide compaction testing as required to confirm compliance with these specifications and drawings. All costs of such testing will be borne by the City. 1.4LAYOUT AND GRADING CONTROL A.Grade the site to the tolerances shown. Vertical control is established by the benchmark indicated on the drawings. B.Tolerances: Site grading shall be to the elevations shown on the Drawings, plus or minus 0.1 foot vertically. C.Dewatering: No soil shall be compacted during periods of rain or when the ground is not drained of all free water. Soil that has been stockpiled and wetted by rain or by any other cause shall not be compacted until completely drained and until the moisture content is within the limits approved by the City. PART 2 -PRODUCTS 2.1MATERIALS A.Existing material may be used for fill after removal of all debris, and after being moisture-conditioned, if it meets the criteria in paragraph B below. B.Import Fill: Shall be a homogeneous mineral soil classified as sandy loam, or fine sand. Particle size data shall be based upon standard USDA methodology. Of the material falling in the sand category, a minimum of 80% shall fall in the fine sand range .05 –5mm. Gravel content greater than 2.0mm shall be less than 15%. Import topsoil shall not contain more silt and clay than the on-site native soil. The sum of silt plus clay shall be less than 25%; the soil shall be nonsaline as determined on the saturation extract. Salinity shall not exceed 3.0 mmhos/cm, boron shall not exceed 1.0 ppm and the sodium absorption ratio (SAR) shall not exceed 6.0. Soil reaction as determined on a saturated paste shall fall between 5.5 and 7.5. The soil shall be free of organic herbicides, or other growth- restricting chemicals. Contamination may be tested by greenhouse trials using rye grass and radish as test crops using the proposed import soil as substrate. These trials require four to five weeks for completion. 312200_EarthworkandGrading_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. EARTHWORK AND GRADING 31 22 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 3 of 6 C.Minor quantities of material not meeting the above gradation may be mixed and blended with other on-site material if the resulting mixture conformsto the specifications. If the quantity of material not in conformance with the specifications becomes excessive in the opinion of the City, it shall be removed from the site. D.Fertilizer: Shall be determined from soils analysis results. For purposes of bidding only, assume the use of 6-20-20 commercial fertilizer, 20-10-5 planting tablets by Agriform International Chemicals, Inc., and iron sulfate. E.Organic Amendment: Shall be BFI super-humus compost, Republic Services Z- Best composted greenwaste or approved equal. 1. BFI Super Humus or Republic Services composted greenwaste shall conform to: Gradation: A minimum of 90% of the material by weight shall pass a 1/2” screen. Material passing the 1/2” screen shall meet the following criteria. percent passing sieve designation 85-100 9.51 mm (3/8”) 50-80 2.38 mm (No. 8) 0-40 500 micron (No. 35) Organic Content: A minimum of 50% based on dry weight and determined by ash method. A minimum of 250 lbs. organic matter per cubic yard of compost. Carbon to Nitrogen Ratio: Maximum 35:1 if material is claimed to be nitrogen stabilized. Soluble Salts: Soluble nutrients typically account for most of the salinity levels but sodium should account for less than 25% of the total. To avoid aleaching requirement, the addition of the compost shall result in a final ECe of the amended soil of less than 4.0 ds/m @ 25 degrees C. as determined in a saturation extract. Use the following table to determine the maximum allowable ECe (ds/m of saturation extract) of compost at desired use rate and allowable ECe increase. Moisture Content: 35-60%. 312200_EarthworkandGrading_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. EARTHWORK AND GRADING 31 22 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 4 of 6 Contaminants: The compost shall be free of contaminants such as glass, metal and visible plastic. Maturity: Physical characteristics suggestive of maturity include: Color: dark brown to black Odor:acceptable = none, soil like, musty or moldy unacceptable = sour, ammonia or putrid Particle Characterization: identifiable wood pieces are acceptable but the balance of material should be soil-like without recognizable grass or leaves. PART 3 -EXECUTION 3.1STRIPPING AND STOCKPILING OF NATIVE TOPSOIL A.All vegetation including the top one to two inches of roots shall be removed from areas to be graded. 3.2ROUGH GRADING A.Prior to commencement of site grading work the Contractor shall notify the City’s Representative that the site has been cleared. The City’s Representative shall have sufficient time to review the site. Site grading shall not commence until the City’s Representativehas completed review of the site and the City has given approval to proceed. B.Perform all cut and fill required to bring the site to the grades indicated, with proper allowances for finish materials such as sign foundation and base. C.Import Soil Incorporation: After all areas have been excavated, they shall be ripped to a depth of seven inches. Next, a three-inch layer of import soil shall be uniformly distributed over these areas and thoroughly incorporated into the top six inches of subsoil by ripping, scraping, or tilling to mix the subsoil with the topsoil into a homogeneous mixture. The remaining layer of import soil shall then be uniformly distributed and compacted in place to 85% compaction unless noted otherwise. 312200_EarthworkandGrading_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. EARTHWORK AND GRADING 31 22 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 5 of 6 D.Placement and Compaction: Approved fill material shall be placed in layers of six to eight inches in loose thickness and moisture-conditioned as necessary to achieve moisture content suitable for re-compacting. Fill material shall be compacted with equipment of such weight and design as necessary to obtain the specified compaction. Fill shall be compacted to 85 percent relative compaction in areas to be planted in a future phase and at least 90 percent relative compaction in areas to be paved unless otherwise directed. In pavement areas, the upper 9 inches of subgrade shall have a minimum relative compaction of 95 percent. The resulting subgrade should be smooth and essentially unyielding. In planting areas, the upper 8 inches shall have a minimum relative compaction of 85 percent. Between successive lifts, the fill surface shall be scarified or otherwise processed to obtain satisfactory bonding between the fill lifts. E.Re-compaction: Where, in the judgment of the City’s Representative, the moisture content is not suitable or insufficient compaction has been obtained, the fill shall be reconditioned and/or re-compacted to the specified density prior to placing any additional fill material. The Contractor shall be responsible for placing and compacting approved fill material in accordance with these specifications. If the Contractor fails to meet the compaction requirements, he shall reduce his rate of haul, furnish additional spreading, moisture conditioning and/or compacting equipment or make any other adjustments necessary to produce a satisfactorily compacted fill. F.Organic Amendment Materials and Rates: Material determined from the soils test shall be uniformly distributed throughout and incorporated to a homogeneously blended soil depth of six inches. Assume per 1000 square feet: 6 cubic yards nitrogen stabilized organic amendment 30 pounds commercial fertilizer (6-20-20) 10 pounds iron sulfate G.All excess material and all material that is unsuitable for paving subbase or finish grading shall be disposed of off site at Contractor’s expenseand includes all testing and fees required by the disposal site. H.Where any marked or unmarked utility lines or other underground obstruction or piping may be encountered within the work area, notify the City or the Agencies or service utility companies having jurisdiction thereof, and take necessary measures to prevent interruption of service (if live). Should such lines or service be damaged, broken, or interrupted through the Contractor’s own negligence, those services shall be repaired immediately and restored by him at his own expense. Abandoned lines, meters and boxes, obstructions or piping, 312200_EarthworkandGrading_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. EARTHWORK AND GRADING 31 22 00 Sports Center Exterior Upgrades –LED Message SignRe-Bid Page 6 of 6 shall be removed, plugged or capped in accordance with the requirements and approval of the agencies affected. I.Rock Removal: All rocks eight cubic inches or larger shall be removed completely from the top 6 inch of subgrade prior to placement of topsoil in all planting areas. (See "Landscape Soil Preparation" for additional requirements.) All rocks not meeting criteria for fill material shall be legally disposed of off-site as the Contractor's own property. 3.3EROSION CONTROL AND CLEAN-UP A.Spillage: The Contractor shall prevent spillage when hauling on or adjacent to any public street or highway. In the event that such occurs, the Contractor shall remove all spillage and sweep, wash or otherwise clean such street or highways. B.Dust Control: The Contractor shall take all precautions needed to prevent a dust nuisance to adjacent public and private properties and to prevent erosion and transportation of soil to adjacent properties due to work under this contract. Any damage so caused by the Contractor’s work under this contract shall be corrected or repaired by the Contractor at no cost to the City. In the event the Contractor fails to take such precautions or make such corrections or repairs promptly, the City may take such steps as he may deem necessary and deduct the cost of the same from the monies due to the Contractor. C.Clean-up: The job site shall be kept neat and clear at all times, with all public walks swept clean at the end of each day, and all materials neatly stored. Upon completion of the work under this Section, remove immediately all surplus materials, rubbish and equipment associated with or used in the performance of this work. Failure to perform such cleanup operations within 48 hours of notice by the City shall be considered adequate grounds for having the work done by others at this subcontractor’s expense. END OF SECTION 31 22 00 312200_EarthworkandGrading_rebid ©copyrighted 2017 Callander Associates Landscape Architecture, Inc. DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 7/11/2018 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). CONTACT PRODUCER James E. McGovern, Inc. James E. McGovern, Inc. NAME: FAX PHONE 1625 El Camino Real 650-593-8216650-594-9130 (A/C, No): (A/C, No, Ext): Belmont, CA 94002 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # www.jemins.com INSURER A :Gemini Insurance Company A+ XV10833 INSURED INSURER B :Ohio Casualty Insurance Company24074 Vintage Contractors Inc. INSURER C :Topa Insurance Company A- VII18031 2367 Ocean Avenue INSURER D :Everest National Insurance Company A+ XV10120 San Francisco CA 94127 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: 43088352 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. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY AVCGP0236594/15/20184/15/2019 EACH OCCURRENCE$ 333 1,000,000 DAMAGE TO RENTED CLAIMS-MADEOCCUR$ 3 50,000 PREMISES (Ea occurrence) MED EXP (Any one person)$ 5,000 PERSONAL & ADV INJURY$ 1,000,000 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 3 POLICYLOCPRODUCTS - COMP/OP AGG$ 2,000,000 JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY$ BBAO (19) 58 66 85 024/1/20184/1/2019 1,000,000 (Ea accident) 3 ANY AUTO BODILY INJURY (Per person)$ 3 OWNEDSCHEDULED BODILY INJURY (Per accident)$ 3 AUTOS ONLYAUTOS NON-OWNED HIREDPROPERTY DAMAGE $ 33 (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB CXL00200418-014/15/20184/15/2019 EACH OCCURRENCE$ 3 OCCUR 5,000,000 EXCESS LIAB 3 CLAIMS-MADEAGGREGATE$ 5,000,000 ** Follows Form ** $ DEDRETENTION$ PEROTH- WORKERS COMPENSATION D76000130241-814/1/20184/1/2019 3 3 STATUTEER AND EMPLOYERS' LIABILITY Y / N ANYP ROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ 1,000,000 N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ 1,000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Remove and construct new LED message sign @ Cupertino Sports Center, 21111 Stevens Creek Blvd, Cupertino Proj#2017-19.02 City of Cupertino, its directors, officers, agents and employees are named as Additional Insured & Primary Phrase: See Attached *30 day written Notice of Cancellation, except for non-pay of premium which is 10 days. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino CA 95014 AUTHORIZED REPRESENTATIVE Steve Suissa © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD 43088352 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/11/2018 2:42:56 PM (PDT) | Page 1 of 15 VCGP023659 Vintage Contractors Inc. 7/11/2018 Remove and construct new LED message sign @ Cupertino Sports Center, 21111 Stevens Creek Blvd, Cupertino Proj#2017-19.02 City of Cupertino, its directors, officers, agents and employees 43088352 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/11/2018 2:42:56 PM (PDT) | Page 2 of 15 43088352 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/11/2018 2:42:56 PM (PDT) | Page 3 of 15 COMMERCIALAUTO BAO (19) 58 66 85 02 CA88100113 Vintage Contractors Inc. THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY. BUSINESSAUTOCOVERAGEENHANCEMENTENDORSEMENT Thisendorsementmodifiesinsuranceprovidedunderthefollowing: BUSINESSAUTOCOVERAGEFORM Withrespecttocoverageaffordedbythisendorsement,theprovisionsofthepolicyapplyunlessmodified bytheendorsement. COVERAGEINDEX SUBJECTPROVISIONNUMBER ADDITIONALINSUREDBYCONTRACT,AGREEMENTORPERMIT3 ACCIDENTALAIRBAGDEPLOYMENT12 AMENDEDDUTIESINTHEEVENTOFACCIDENT,CLAIM,SUITORLOSS19 AMENDEDFELLOWEMPLOYEEEXCLUSION5 AUDIO,VISUALANDDATAELECTRONICEQUIPMENTCOVERAGE13 BROADFORMINSURED1 BODILYINJURYREDEFINED22 EMPLOYEESASINSUREDS(includingemployeehiredauto)2 EXTENDEDCANCELLATIONCONDITION23 EXTRAEXPENSE-BROADENEDCOVERAGE10 GLASSREPAIR-WAIVEROFDEDUCTIBLE15 HIREDAUTOPHYSICALDAMAGE(includingemployeehiredautoandlossofuse)6 HIREDAUTOCOVERAGETERRITORY20 LOAN/LEASEGAP14 PARKEDAUTOCOLLISIONCOVERAGE(WAIVEROFDEDUCTIBLE)16 PERSONALEFFECTSCOVERAGE11 PHYSICALDAMAGE-ADDITIONALTRANSPORTATIONEXPENSECOVERAGE8 RENTALREIMBURSEMENT9 SUPPLEMENTARYPAYMENTS4 TOWINGANDLABOR7 TWOORMOREDEDUCTIBLES17 UNINTENTIONALFAILURETODISCLOSEHAZARDS18 WAIVEROFTRANSFEROFRIGHTSOFRECOVERYAGAINSTOTHERSTOUS20 SECTIONII-LIABILITYCOVERAGE isamendedasfollows: 1.BROADFORMINSURED 68 of SECTIONII-LIABILITYCOVERAGE,paragraph A.1.-WHOISANINSUREDisamendedtoinclude thefollowingasaninsured: d.Anylegallyincorporatedentityofwhichyouownmorethan50percentofthevotingstock 52 duringthepolicyperiod.However,"insured"doesnotincludeanyorganizationthat: (1)Isapartnershiporjointventure;or (2)Isaninsuredunderanyotherautomobilepolicy;or (3)HasexhausteditsLimitofInsuranceunderanyotherautomobilepolicy. Paragraph d.(2)ofthisprovisiondoesnotapplytoapolicywrittentoapplyspecificallyin excessofthispolicy. e.Anyorganizationyounewlyacquireorform,otherthanapartnershiporjointventure,ofwhich youownmorethan50percentofthevotingstock.Thisautomaticcoverageisaffordedonlyfor 180daysfromthedateofacquisitionorformation.However,coverageunderthisprovision doesnotapply: (1)Ifthereissimilarinsuranceoraself-insuredretentionplanavailabletothatorganization; 2013LibertyMutualInsurance CA88100113 IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission.Page1of7 43088352 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/11/2018 2:42:56 PM (PDT) | Page 4 of 15 (2)IftheLimitsofInsuranceofanyotherinsurancepolicyhavebeenexhausted;or (3)To"bodilyinjury"or"propertydamage"thatoccurredbeforeyouacquiredorformedthe organization. 2.EMPLOYEESASINSUREDS SECTIONII-LIABILITYCOVERAGE,paragraph A.1.-WHOISANINSUREDisamendedtoinclude thefollowingasaninsured: f.Any"employee"ofyourswhileusingacovered"auto"youdonotown,hireorborrow,but onlyforactswithinthescopeoftheiremploymentbyyou.Insuranceprovidedbythisendorse- mentisexcessoveranyotherinsuranceavailabletoany"employee". g.An"employee"ofyourswhileoperatingan"auto"hiredorborrowedunderawrittencontract oragreementinthat"employee's"name,withyourpermission,whileperformingdutiesre- latedtotheconductofyourbusinessandwithinthescopeoftheiremployment.Insurance providedbythisendorsementisexcessoveranyotherinsuranceavailabletothe"employee". 3.ADDITIONALINSUREDBYCONTRACT,AGREEMENTORPERMIT 56220117 SECTIONII-LIABILITYCOVERAGE,paragraph A.1.-WHOISANINSUREDisamendedtoinclude thefollowingasaninsured: h.Anypersonororganizationwithrespecttotheoperation,maintenanceoruseofacovered "auto",providedthatyouandsuchpersonororganizationhaveagreedinawrittencontract, 001142 agreement,orpermitissuedtoyoubygovernmentalorpublicauthority,toaddsuchperson,or organization,orgovernmentalorpublicauthoritytothispolicyasan"insured". However,suchpersonororganizationisan"insured": (1)Onlywithrespecttotheoperation,maintenanceoruseofacovered"auto"; (2)Onlyfor"bodilyinjury"or"propertydamage"causedbyan"accident"whichtakes placeafteryouexecutedthewrittencontractoragreement,orthepermithasbeen 270 issuedtoyou;and (3)Onlyforthedurationofthatcontract,agreementorpermit 4.SUPPLEMENTARYPAYMENTS SECTIONII-LIABILITYCOVERAGE,CoverageExtensions,2.a.SupplementaryPayments,para- graphs(2)and(4)arereplacedbythefollowing: (2)Upto$3,000forcostofbailbonds(includingbondsforrelatedtrafficviolations)required becauseofan"accident"wecover.Wedonothavetofurnishthesebonds. (4)Allreasonableexpensesincurredbytheinsuredatourrequest,includingactuallossofearn- ingsupto$500adaybecauseoftimeofffromwork. 5.AMENDEDFELLOWEMPLOYEEEXCLUSION Inthosejurisdictionswhere,bylaw,fellowemployeesarenotentitledtotheprotectionaffordedto 68 theemployerbytheworkerscompensationexclusivityrule,orsimilarprotection,thefollowing of provisionisadded: SECTIONII-LIABILITY,exclusion B.5.FELLOWEMPLOYEEdoesnotapplyifthe"bodilyinjury" resultsfromtheuseofacovered"auto"youownorhire. 53 SECTIONIII-PHYSICALDAMAGECOVERAGE isamendedasfollows: 6.HIREDAUTOPHYSICALDAMAGE Paragraph A.4.CoverageExtensionsofSECTIONIII-PHYSICALDAMAGECOVERAGE,isamended byaddingthefollowing: Ifhired"autos"arecovered"autos"forLiabilityCoverage,andifComprehensive,Specified CausesofLossorCollisioncoverageareprovidedundertheBusinessAutoCoverageFormforany "auto"youown,thenthePhysicalDamagecoveragesprovidedareextendedto"autos": a.Youhire,rentorborrow;or 2013LibertyMutualInsurance CA88100113 IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission.Page2of7 43088352 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/11/2018 2:42:56 PM (PDT) | Page 5 of 15 b.Your"employee"hiresorrentsunderawrittencontractoragreementinthat"employee's" name,butonlyifthedamageoccurswhilethevehicleisbeingusedintheconductofyour business, subjecttothefollowinglimitanddeductible: A.Themostwewillpayfor"loss"inanyone"accident"or"loss"isthesmallestof: (1)$50,000;or (2)Theactualcashvalueofthedamagedorstolenpropertyasofthetimeofthe"loss";or (3)Thecostofrepairingorreplacingthedamagedorstolenpropertywithotherpropertyof likekindandquality,minusadeductible. B.Thedeductiblewillbeequaltothelargestdeductibleapplicabletoanyowned"auto"forthat coverage. C.Subjecttothelimit,deductibleandexcessprovisionsdescribedinthisprovision,wewill providecoverageequaltothebroadestcoverageapplicabletoanycovered"auto"youown. D.Subjecttoamaximumof$1,000per"accident",wewillalsocovertheactuallossofuseofthe hired"auto"ifitresultsfroman"accident",youarelegallyliableandthelessorincursan actualfinancialloss. E.Thiscoverageextensiondoesnotapplyto: (1)Any"auto"thatishired,rentedorborrowedwithadriver;or (2)Any"auto"thatishired,rentedorborrowedfromyour"employee". Forthepurposesofthisprovision,SECTIONV-DEFINITIONSisamendedbyaddingthefollowing: "Totalloss"meansa"loss"inwhichthecostofrepairsplusthesalvagevalueexceedstheactual cashvalue. 7.TOWINGANDLABOR SECTIONIII-PHYSICALDAMAGECOVERAGE,paragraph A.2.Towing,isamendedbytheaddition ofthefollowing: Wewillpaytowingandlaborcostsincurred,uptothelimitsshownbelow,eachtimeacovered "auto"classifiedandratedasaprivatepassengertype,"lighttruck"or"mediumtruck"isdis- abled: a.Forprivatepassengertypevehicles,wewillpayupto$50perdisablement. b.For"lighttrucks",wewillpayupto$50perdisablement."Lighttrucks"aretrucksthathavea grossvehicleweight(GVW)of10,000poundsorless. c.For"mediumtrucks",wewillpayupto$150perdisablement."Mediumtrucks"aretrucksthat haveagrossvehicleweight(GVW)of10,001-20,000pounds. However,thelabormustbeperformedattheplaceofdisablement. 68 8.PHYSICALDAMAGE-ADDITIONALTRANSPORTATIONEXPENSECOVERAGE of Paragraph A.4.a.,CoverageExtensionofSECTIONIII-PHYSICALDAMAGECOVERAGE,isamend- edtoprovidealimitof$50perdayandamaximumlimitof$1,500 54 2013LibertyMutualInsurance CA88100113 IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission.Page3of7 43088352 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/11/2018 2:42:56 PM (PDT) | Page 6 of 15 9.RENTALREIMBURSEMENT SECTIONIII-PHYSICALDAMAGECOVERAGE,A.COVERAGE,isamendedbyaddingthefollowing: a.Wewillpayupto$75perdayforrentalreimbursementexpensesincurredbyyoufortherental ofan"auto"becauseof"accident"or"loss",toan"auto"forwhichwealsopaya"loss" underComprehensive,SpecifiedCausesofLossorCollisionCoverages.Wewillpayonlyfor thoseexpensesincurredafterthefirst24hoursfollowingthe"accident"or"loss"tothe covered"auto." b.RentalReimbursementwillbebasedontherentalofacomparablevehicle,whichinmany casesmaybesubstantiallylessthan$75perday,andwillonlybeallowedfortheperiodof timeitshouldtaketorepairorreplacethevehiclewithreasonablespeedandsimilarquality,up toamaximumof30days. c.Wewillalsopayupto$500forreasonableandnecessaryexpensesincurredbyyoutoremove andreplaceyourtoolsandequipmentfromthecovered"auto". d.Thiscoveragedoesnotapplyunlessyouhaveabusinessnecessitythatother"autos"avail- 56220117 ableforyouruseandoperationcannotfill. e.If"loss"resultsfromthetotaltheftofacovered"auto"oftheprivatepassengertype,wewill payunderthiscoverageonlythatamountofyourrentalreimbursementexpenseswhichisnot alreadyprovidedunderParagraph 4.CoverageExtension. 001142 f.Nodeductibleappliestothiscoverage. Forthepurposesofthisendorsementprovision,materialsandequipmentdonotinclude"personal effects"asdefinedinprovision 11. 10.EXTRAEXPENSE-BROADENEDCOVERAGE UnderSECTIONIII-PHYSICALDAMAGECOVERAGE,A.COVERAGE,wewillpayfortheexpenseof returningastolencovered"auto"toyou.Themaximumamountwewillpayis$1,000. 270 11.PERSONALEFFECTSCOVERAGE A.SECTIONIII-PHYSICALDAMAGECOVERAGE,A.COVERAGE,isamendedbyaddingthe following: IfyouhavepurchasedComprehensiveCoverageonthispolicyforan"auto"youownandthat "auto"isstolen,wewillpay,withoutapplicationofadeductible,upto$600for"personal effects"stolenwiththe"auto." Theinsuranceprovidedunderthisprovisionisexcessoveranyothercollectibleinsurance. B.SECTIONV-DEFINITIONSisamendedbyaddingthefollowing: Forthepurposesofthisprovision,"personaleffects"meantangiblepropertythatiswornor carriedbyaninsured.""Personaleffects"doesnotincludetools,equipment,jewelry,money orsecurities. 68 12.ACCIDENTALAIRBAGDEPLOYMENT of SECTIONIII-PHYSICALDAMAGECOVERAGE,B.EXCLUSIONSisamendedbyaddingthefollow- ing: IfyouhavepurchasedComprehensiveorCollisionCoverageunderthispolicy,theexclusionfor 55 "loss"relatingtomechanicalbreakdowndoesnotapplytotheaccidentaldischargeofanairbag. Anyinsuranceweprovideshallbeexcessoveranyothercollectibleinsuranceorreimbursementby manufacturer'swarranty.However,weagreetopayanydeductibleapplicabletotheothercov- erageorwarranty. 13.AUDIO,VISUALANDDATAELECTRONICEQUIPMENTCOVERAGE SECTIONIII-PHYSICALDAMAGECOVERAGE,B.EXCLUSIONS,exceptionparagraph a.toexclu- sions 4.c.and 4.d.isdeletedandreplacedwiththefollowing: 2013LibertyMutualInsurance CA88100113 IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission.Page4of7 43088352 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/11/2018 2:42:56 PM (PDT) | Page 7 of 15 Exclusion 4.c.and 4.d.donotapplyto: a.Electronicequipmentthatreceivesortransmitsaudio,visualordatasignals,whetherornot designedsolelyforthereproductionofsound,iftheequipmentispermanentlyinstalledinthe covered"auto"atthetimeofthe"loss"andsuchequipmentisdesignedtobesolelyoperated byuseofthepowerfromthe"auto's"electricalsystem,inoruponthecovered"auto"and physicaldamagecoveragesareprovidedforthecovered"auto";or Ifthe"loss"occurssolelytoaudio,visualordataelectronicequipmentoraccessoriesusedwith thisequipment,thenourobligationtopayfor,repair,returnorreplacedamagedorstolenproperty willbereducedbya$100deductible. 14.LOAN/LEASEGAPCOVERAGE A.Paragraph C.,LIMITOFINSURANCEofSECTIONIII-PHYSICALDAMAGECOVERAGEis amendedbyaddingthefollowing: Themostwewillpayfora"totalloss"toacovered"auto"ownedbyorleasedtoyouinany one"accident"isthegreaterofthe: 1.Balancedueunderthetermsoftheloanorleasetowhichthedamagedcovered"auto"is subjectatthetimeofthe"loss"lesstheamountof: a.Overduepaymentsandfinancialpenaltiesassociatedwiththosepaymentsasofthe dateofthe"loss", b.Financialpenaltiesimposedunderaleaseduetohighmileage,excessiveuseorab- normalwearandtear, c.Costsforextendedwarranties,CreditLifeInsurance,Health,AccidentorDisability Insurancepurchasedwiththeloanorlease, d.Transferorrolloverbalancesfrompreviousloansorleases, e.Finalpaymentdueundera"BalloonLoan", f.Thedollaramountofanyunrepaireddamagewhichoccurredpriortothe"totalloss" ofacovered"auto", g.Securitydepositsnotrefundedbyalessor, h.Allrefundspayableorpaidtoyouasaresultoftheearlyterminationofalease agreementorasaresultoftheearlyterminationofanywarrantyorextendedservice agreementonacovered"auto", i.Anyamountrepresentingtaxes, j.Loanorleaseterminationfees;or 2.Theactualcashvalueofthedamageorstolenpropertyasofthetimeofthe"loss". Anadjustmentfordepreciationandphysicalconditionwillbemadeindeterminingtheactual cashvalueatthetimeofthe"loss".ThisadjustmentisnotapplicableinTexas. 68 of B.ADDITIONALCONDITIONS Thiscoverageappliesonlytotheoriginalloanforwhichthecovered"auto"thatincurredthe lossservesascollateral,orleasewrittenonthecovered"auto"thatincurredtheloss. 56 C.SECTIONV-DEFINTIONSischangedbyaddingthefollowing: Asusedinthisendorsementprovision,thefollowingdefinitionsapply: "Totalloss"meansa"loss"inwhichthecostofrepairsplusthesalvagevalueexceedsthe actualcashvalue. A"balloonloan"isonewithperiodicpaymentsthatareinsufficienttorepaythebalanceover thetermoftheloan,therebyrequiringalargefinalpayment. 2013LibertyMutualInsurance CA88100113 IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission.Page5of7 43088352 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/11/2018 2:42:56 PM (PDT) | Page 8 of 15 15.GLASSREPAIR-WAIVEROFDEDUCTIBLE Paragraph D.Deductible ofSECTIONIII-PHYSICALDAMAGECOVERAGEisamendedbythe additionofthefollowing: Nodeductibleappliestoglassdamageiftheglassisrepairedratherthanreplaced. 16.PARKEDAUTOCOLLISIONCOVERAGE(WAIVEROFDEDUCTIBLE) Paragraph D.Deductible ofSECTIONIII-PHYSICALDAMAGECOVERAGEisamendedbythe additionofthefollowing: Thedeductibledoesnotapplyto"loss"causedbycollisiontosuchcovered"auto"oftheprivate passengertypeorlightweighttruckwithagrossvehicleweightof10,000lbs.orlessasdefinedby themanufacturerasmaximumloadedweightthe"auto"isdesignedtocarrywhileitis: a.Inthechargeofan"insured"; b.Legallyparked;and c.Unoccupied. 56220117 The"loss"mustbereportedtothepoliceauthoritieswithin24hoursofknowndamage. Thetotalamountofthedamagetothecovered"auto"mustexceedthedeductibleshowninthe Declarations. Thisprovisiondoesnotapplytoany"loss"ifthecovered"auto"isinthechargeofanypersonor organizationengagedintheautomobilebusiness. 001142 17.TWOORMOREDEDUCTIBLES UnderSECTIONIIIPHYSICALDAMAGECOVERAGE,iftwoormorecompanypoliciesorcoverage formsapplytothesameaccident,thefollowingappliestoparagraphD.Deductible: a.IftheapplicableBusinessAutodeductibleisthesmaller(orsmallest)deductibleitwillbe waived;or 270 b.IftheapplicableBusinessAutodeductibleisnotthesmaller(orsmallest)deductibleitwillbe reducedbytheamountofthesmaller(orsmallest)deductible;or c.IfthelossinvolvestwoormoreBusinessAutocoverageformsorpoliciesthesmaller(or smallest)deductiblewillbewaived. ForthepurposeofthisendorsementcompanymeansanycompanythatispartoftheLiberty MutualGroup. SECTIONIV-BUSINESSAUTOCONDITIONSisamendedasfollows: 18.UNINTENTIONALFAILURETODISCLOSEHAZARDS SECTIONIV-BUSINESSAUTOCONDITIONS,Paragraph B.2.isamendedbyaddingthefollowing: Ifyouunintentionallyfailtodiscloseanyhazards,exposuresormaterialfactsexistingasofthe inceptiondateorrenewaldateoftheBusinessAutoCoverageForm,thecoverageaffordedbythis policywillnotbeprejudiced. 68 of However,youmustreporttheundisclosedhazardofexposureassoonaspracticableafterits discovery,andwehavetherighttocollectadditionalpremiumforanysuchhazardorexposure. 19.AMENDEDDUTIESINTHEEVENTOFACCIDENT,CLAIM,SUIT,ORLOSS 57 SECTIONIV-BUSINESSAUTOCONDITIONS,paragraph A.2.a.isreplacedinitsentiretybythe following: a.Intheeventof"accident",claim,"suit"or"loss",youmustpromptlynotifyuswhenitis knownto: 1.You,ifyouareanindividual; 2.Apartner,ifyouareapartnership; 3.Member,ifyouarealimitedliabilitycompany; 4.Anexecutiveofficerorthe"employee"designatedbytheNamedInsuredtogivesuch notice,ifyouareacorporation. 2013LibertyMutualInsurance CA88100113 IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission.Page6of7 43088352 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/11/2018 2:42:56 PM (PDT) | Page 9 of 15 Totheextentpossible,noticetousshouldinclude: (1)How,whenandwherethe"accident"or"loss"tookplace; (2)The"insureds"nameandaddress;and (3)Thenamesandaddressesofanyinjuredpersonsandwitnesses. 20.WAIVEROFTRANSFEROFRIGHTSOFRECOVERYAGAINSTOTHERSTOUS SECTIONIV-BUSINESSAUTOCONDITIONS,paragraph A.5.,TransferofRightsofRecovery AgainstOtherstoUs,isamendedbytheadditionofthefollowing: Ifthepersonororganizationhaswaivedthoserightsbeforean"accident"or"loss",ourrightsare waivedalso. 21.HIREDAUTOCOVERAGETERRITORY SECTIONIV-BUSINESSAUTOCONDITIONS,paragraph B.7.,PolicyPeriod,CoverageTerritory,is amendedbytheadditionofthefollowing: f.For"autos"hired30daysorless,thecoverageterritoryisanywhereintheworld,providedthat theinsured'sresponsibilitytopayfordamagesisdeterminedina"suit",onthemerits,inthe UnitedStates,theterritoriesandpossessionsoftheUnitedStatesofAmerica,PuertoRicoor Canadaorinasettlementweagreeto. Thisextensionofcoveragedoesnotapplytoan"auto"hired,leased,rentedorborrowedwith adriver. SECTIONV-DEFINITIONSisamendedasfollows: 22.BODILYINJURYREDEFINED UnderSECTIONV-DEFINTIONS,definition C.isreplacedbythefollowing: "Bodilyinjury"meansphysicalinjury,sicknessordiseasesustainedbyaperson,includingmental anguish,mentalinjury,shock,frightordeathresultingfromanyoftheseatanytime. COMMMONPOLICYCONDITIONS 23.EXTENDEDCANCELLATIONCONDITION COMMONPOLICYCONDITIONS,paragraph A.-CANCELLATIONconditionappliesexceptasfol- lows: Ifwecancelforanyreasonotherthannonpaymentofpremium,wewillmailtothefirstNamed Insuredwrittennoticeofcancellationatleast60daysbeforetheeffectivedateofcancellation.This provisiondoesnotapplyinthosestateswhichrequiremorethan60dayspriornoticeofcancella- tion. Additional Insured(s): City of Cupertino, its directors, officers, agents and employees 68 of 58 2013LibertyMutualInsurance CA88100113 IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,withitspermission.Page7of7 43088352 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/11/2018 2:42:56 PM (PDT) | Page 10 of 15 VCGP023659 Vintage Contractors Inc. 4/15/2018 City of Cupertino, its directors, officers, agents and employees 43088352 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/11/2018 2:42:56 PM (PDT) | Page 11 of 15 VCGP023659 Vintage Contractors Inc. 7/11/2018 Remove and construct new LED message sign @ Cupertino Sports Center, 21111 Stevens Creek Blvd, Cupertino Proj#2017-19.02 City of Cupertino, its directors, officers, agents and employees 43088352 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/11/2018 2:42:56 PM (PDT) | Page 12 of 15 43088352 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/11/2018 2:42:56 PM (PDT) | Page 13 of 15 7/11/2018 City of Cupertino, its directors, officers, agents and employees 76000130241-81 Vintage Contractors Inc. 43088352 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/11/2018 2:42:56 PM (PDT) | Page 14 of 15 VCGP023659 Vintage Contractors Inc. 4/15/2018 City of Cupertino, its directors, officers, agents and employees 43088352 | VINTA-1 | 18/19 - GL, AU, EX, WC | MaryAnn Worman | 7/11/2018 2:42:56 PM (PDT) | Page 15 of 15