No preview available
18-179 Graham Contractors, Inc., 2018 Pavement Maintenance Phase 2, Project No. 2019-102RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27383 24099483 Regina Alcomendras Santa Clara County -Clerk-Recorder 01/17/2019 10:37 AM Ti lles: 1 Fees : 10 .00 Taxes: 0 Total: 0.00 Pages: 3 (SP ACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: 2018 Pavement Maintenance Phase 2 Project No. 2019-102 Original D For Fast Endorsement Recording Requested By : The City of Cupertino When Recorded Mail To : _________ <name , title> Cupertino City Hall 10300 Torre Avenue Cupertino , CA 95014 EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE§§ 6103 , 27383 SPACE ABOVE THIS LINE IS FOR RECORDER 'S USE NOTICE OF COMPLETION Civil Code§§ 8182, 8184 , 9204 , and 9208 NOTICE IS HEREBY GIVEN THAT : 1. The undersigned is the agent of the owner of the Project described below . 2 . Owner's full name is the City of Cupertino ("City ") 3 . City 's address is 10300 Torre Avenue, Cupertino, CA 95014. 4 . The nature of City 's interest in the Project is : _ Fee Ownership Lessee X Other : Right-of-Way 5. Construction work on the Project performed on City 's behalf is generally described as follows: 2018 Pavement Maintenance Phase 2 6 . The name of the original Contra ctor for the Project is : Graham Contractors Inc . 7. The Project was completed on : December 14, 2018 . 8 . The Project is located at: Various locations throughout city : City of Cupertino Verification : In signing this document , I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice , and I know and understand the contents ~f J1 is notice, and that the facts stated in this notic,~.71. ~F • e and correct. /A0t a,-2//~ ~ ~-"= .L 2~ D;te ·ar,{cj Place 7 Signature / ~ ,;;:,~-)L .r· k-e j N~e and Title /) //C::11,de, jlLEc..Yci1,·t. cJr v ~z...,.~'- "NO FEE" City of Cupertino NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated January 16, 2019 for CITY PROJECT NAME: 2018 Pavement Maintenance Phase 2 ProjectNo.2019-102 and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on January 16, 2019 and the grantee consents to recordation thereof by: its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: January 17, 2019 By: ~~ ~apudar Senior Office Assistant Contract Th is p ubli c works co ntract ("Contract") is ent ered in to by and between the City of Cupertino ("City "), a municipa l c orporatio n, and Graham Co ntractors , Inc. ("Con tr actor"), for work on the 2018 Pavement Maintena nce Phase 2 Pro ject ("Proj ect"). The parties agree as follows: 1. Award of Contract. In response to the Notice I nvi tin g Bids , Co ntractor has submitted a Bid Proposal and accompanying Bid Schedu le to perform the Work to construct t he P roj ect. On A ugust 21 , 2018, C ity authorized awa rd of this Contract to Contrac tor for th e a mount set forth in Sec ti on 4 be low . 2 . Contract Documents . Th e Con tr ac t Documents in corpo rated into th is Co ntract in clud e and are comprised of all of the fo ll owin g 2 .1 Notice Inv iti ng Bids ; 2.2 Instruct ions to Bidders ; 2.3 Addenda , if any ; 2.4 Bid Propo sal and attachmen ts the reto ; 2.5 Contract ; 2.6 Payment Bond , Perfo rm ance Bond a nd , if req uired, a Wa rr anty Bo nd; 2. 7 Genera l Cond iti ons ; 2.8 Special Conditions ; 2 .9 Project Drawings and Spec ific ati ons ; 2 .10 Ch ange Orders , if any ; 2.11 Notice of Award ; 2.12 Notice to Proceed ; 2.13 Cit y of Cupert ino Standard Deta ils ; and 2 .14 Th e fol lowin g: Ge ne ral Requirements , E stima ted Quantitie s , Wo rk Hou r Restrictions 3. Contra cto r's Obligati on s. Con tr actor w ill perform all of the Work required for t he Proj ect , as spec ifi ed in th e Co ntra ct Documents. Contractor mu st provid e, furnish , and supp ly a ll things necessary and in cidenta l for the tim e ly perfo rm ance and comp leti on of th e Work, in clud ing all necessary la bo r , materials, supplies, tools , equipment, transportation , a n d utili t ies , un less otherwise spec ifi ed in the Contract Documents. Co ntr acto r must use it s best efforts to complete the Work in a profess ion a l and expeditious manner and to me et or exceed the performance standards requi red by the Co ntr act D oc um e nt s. 4 . Payment. As fu ll and comp lete compensatio n for Contractor's time ly performance and comp let ion of the Work in strict acco rdan ce w ith the terms and co nditi ons of th e Co nt r ac t Documents , City w ill pay Contractor $290,769 .29 ("Co ntr act Price ") for all of Con tractor 's direct and indirect costs to perform the Work , inc lu d in g all labor , materials , supp li es , equ ip ment , taxes , insura nce, bonds a nd a ll overhead costs, in accorda nce w ith the paymen t provis ions in the Genera l Conditio ns. 5. Time for Completion. Contracto r w ill full y comp lete th e Work fo r t he Project w ithin 45 Working days from the commenceme nt date given in the Notice to Proceed ("Contract Time "). By s ignin g be low. Co nt ractor ex pressly waives an y clai m fo r de layed early comp leti on . 6. Liquidated Damages . If Con tr actor fa ils to comp lete the Work within the Contract Time , C it y will assess liquidated damages in the amount of$ 10 00 per day for each day of 20 18 Paveme nt Maintena nce Phase 2 Project No 20 19-102 2018 Form CONTRACT Page 21 une xcused de lay in comp letion , and such liqu idated damages may be ded ucted from City 's payments due or to become due to Contractor under this Contract. 7. Labor Code Comp li ance . 7 .1 General. This Contract is subj ect to all app li cab le requirements of C hap ter 1 of Part 7 of Di vision 2 of the Labor Code , including requirements pertaining to wages , work ing hours and worke rs ' compe nsation insu rance. 7.2 Prevailing Wages . Thi s Project is s u bject to the preva ilin g wage requireme nts applicab le to the loca lity in which the Work is to be performed for each craft , c lass ifi cat ion or type of wo rker needed to perform th e Work , including emp loyer payments for h ealth and welfare , pension , vaca tion , apprenticeship and s imilar purposes . Cop ies of th ese prevai ling rates are avai lable o nlin e at http//www.dir .ca .gov/D L SR. 7 .3 DIR Registrati on. C it y may not en ter into the Co nt ract w ith a bidde r w itho ut proof th at the bidder and it s Subco ntra ctors are registered w it h the Ca liforni a Department of Ind ust rial Re lat ions to perform public work under Labor Code sectio n 1725 .5 , subject to limit ed lega l except ions . 8. Workers ' Compensa ti on Certifica tion. Under Lab or Code sect ion 186 1, by signing this Contract , Co ntrac tor certifies as follows : "I am aware of the prov ision s of Labor Co de sectio n 3700 w hic h require eve ry emp loye r to be insured aga in st liab ility for wo r kers ' compensation or to undertake se lf-insurance in accordance w ith the prov isions of tha t code , and I w ill comply wit h suc h provisions before commencing the performa nce of th e W ork on t hi s Contract." 9. Conflicts of Interest. Con tractor , it s emplo yees , Subco ntra ctors and agen ts , may not have , maintain or acqu ir e a co nflict of interest in relation to this Co nt ract in vio lation of any C it y ordinance or pol icy or in vio lat ion of any Ca liforn ia law, in clud ing under Government Code section 10 90 et seq. and un der the Politi cal Reform Act as set forth in Governme nt Code section 81000 et seq. and its accompany ing regu lat io n s. Any violatio n of thi s Sectio n consti tut es a mater ial breach of the Contract. 10 . Independent Contractor. Co ntra ctor is an independe nt contractor unde r this Co ntract an d w ill have control of th e Wo rk and the means and meth ods by w hi c h it is performed. Co ntractor and its Subcon tr actors a re not emp lo yees of Ci ty and are not entit led to participate in any he;ilth , retirement , or any other emp loyee benefits from City. 20 18 Pave ment Maintenance Phase 2 Project No 2019-102 20 18 Form CONTRACT Page 22 11. Notice . Any notice , bi lli ng , or payment required by or pursuant to the Cont ract Documents must be made in writing, signed, dated and sent to the other party by persona l de livery, U .S. Mai l , a reliable overnight delivery service , or by email as a PDF (or comparable) fi le. Notice is deemed effective upon de livery unless otherwise spec if ied. Notice for each party must be given as fol l ows: City: Name City of Cupertino Address : 10300 Torre Avenue City/State/Zip Cupertino, CA 95014 Phone (408) 777-3354 Attn Director of Public Works Emai l:< _________________ > Copy to :< > Contractor: Name: Graham Contractors, Inc. Address 860 Lon us Street City/State/Zip San Jose. CA 95126 Phone 408-293-9516 Attn D&Jid '1aham Pr0fid0fct Emailaveg gra imcon racors. com Copy to: tonyg@grahamcontractors.com 12. General Provisions. 12.1 Assignment and Successors. Co ntractor may not ass ign it s rights or obl igat ions under this Contract , in part or in w hole , w it hout City's writt en consent. This Contract is b i nding on Contractor's and C it y's lawful heirs, successors and perm itted assigns. 12.2 Third Party Beneficiaries . T here are no intended third party benefic iar ies to t hi s Contract except as express ly provided in the Genera l Conditions or Spec ial Cond itions. 12.3 Governing Law and Venue. This Contract w ill be governed by Ca li fornia law and venue will be in the Superior Court of Santa Clara County, and no other place. 12.4 Amendment . No amendment or modification of this Contract w ill be binding unless it is in a wr iting du ly authorized and sign ed by the part ies to this Con tra ct. 12.5 In tegration. This Co ntra ct and the Contract Documents incorporated he1·e in , including authorized amendments or Change Orders thereto , const itute the final , comp lete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents, is determined to be il lega l, inva lid, or unenforceable , the remaining provisions of the Contract Documents w ill remain in fu ll force and effect. 12 . 7 Authorization. Each individual s ign in g be low warrants that he or she is authorized to do so by the party that he or she represents , and that this Contract is legally 2018 Pa veme nt Maintenance Phase 2 Project No 2019-102 2018 Form CON T RACT Page 23 b inding on that pa,iy . If Contractor is a corpo,·ation , signatures from two officers of the corporation are required purs uant to Ca lifornia Corporation Code section 313 . [Signatures are o n the following page.] 2018 Pavement Maintenance Phase 2 Project No 2019-102 2018 Form CONTRACT Page 24 The parties agree to this Co ntract as w itnessed by the s ignatures below : CONTRACTOR Graham Contractors, Inc. CITY OF CUPERTINO <in sert f ull name of Co ntracto r above > A Municipal Corpo ration ~~~;~ Ti~~1~ D irector zPu~l ii_orks Date August 31 , 2018 Date q 1 f l ---, __, _____ _ By ~~Q~~ Name Kristen Graham Title Corporate Secretary Date August 31, 2018 ~PPR OV c _GJ AS T O F~~M : /. By --~O jl~·v Name , 6~ie At torney ~/1 I /1 lJ (4 t I j 7 j;v f ~) A~1-• .sd -1 ltt: GraceShm1dt g~ieC lerk 1 . /), 18 Co ntract Amou nt: ;) q D 1t, 1 , ~~ P 0. No. 2Q. t cl -~rf Account N~J-11? ''i15 · 'l'2-1 1 0/J ::L] 2---1 END OF CO NTRACT 20 18 Pav e ment Mainten ance Phase 2 Projec t No 2019-102 2018 Form f O 261? -?-:r ( J--re, .... oS -~2.--1 . 9tJJ ~1 ;y/ 4 :)-7 () I '1-(/1. ;yr CO NTRACT Page 25 Bon d No 106888449 Payment Bond The City of Cupertino ("City") and Graham Contractors , Inc . ("Contractor") have entered into a contract , dated , 2018 ("Contract") for work on the 2018 Pavement Maintenance Phase 2 Project ("Project"). The Contract is in corporated by reference into this Payment Bond ("Bond "). TRAVELERS CASUAL TY AND SURETY 1. General. Under this Bond , Contractor as p rincipal and COMPANY OF AMERICA its surety ("Surety"), are bound to City as obligee in an amount not less than $290 ,769.29 under California Civil Code sect ions 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 i n the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by Cal iforn ia law , Surety's obligations under this Bond will be null and void . Otherwise , Surety's obligations w ill remain in full force and effe ct. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or ext ensions of time for performance of the Work under the Contract. Surety waives the provisions of Civ i l Code sections 2 819 and 2845 . City waives the requirement of a new bond fo r any suppl emental 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 : TRAVELERS CASUALTY AND SURETY COMP ANY OF AMERI CA Address : One Tower Squ are, Bond/SPB City/State/Zip : Hartford, CT 06 183 Phone : 203-277-0 1 11 Fa x : NIA Email : AMENARD@travele rs.com 6. Law and Venue. This Bond w ill 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 enfo rce the provis ions of th is Bond . 201 8 Pavement Maintenance Phase 2 Project No. 2019-102 PAYMENT BOND Page 26 7. Effective Date; Execution. This Bond is entered into and is effective on A ugu st 30 , 2018 . SURETY : ___ T_R_A _V _EL_E_R_s_c_A_S_U_A _L'_rY_A_N_D_s_u_RE_"_I'Y_C_O_M_P_A_N_Y_O_F_A_M_E_-R_I_CA ______ _ Business Name ~ -~ st_M~ A \ . 1 am antha Faz zini, Attorney·In-Fa ct Namerritle (Acknowledgment with Surety's Nota ry Seal and Surety's Power of Attorney must be attached .) CONTRACTOR: __ G_RA_H_A_M_C_O_N_T_RA_C_TO_RS_,_IN_C_. ______________ _ Business Name s/~~- David Graham, President Namemtle Kristen Graham, Corporate Secretary Namerritle END OF PAYMENT BOND 2018 Pavement Maintenance Phase 2 Project No. 2019-102 PAYMENT BOND Page 27 !CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness , accuracy, or validity of that document. State of California County of Los Angeles .AUG 3 O 2018 On __________ before me, Vanessa Fong, Notary Public , personally appeared Samantha Fazzini who proved to me on the basis of satisfactory evidence to be the personE&) whose hameE&) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in ms/her/theif authorized capacityfies1 , and that by-his/her/theif signatureE&) on the instrument the personE&), or the entity upon behalf of which the personE&) acted, ex ecuted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si gnature of Not · ~ TRAVELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATIORNEY KNOW ALL MEN BY THESE PRESENTS : That Travelers Casua lty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Samantha Fazzini, of Los Angeles, California , their true and lawful Attorney-in-Fact to sign, execute , seal and acknowledge any and all bonds , recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons , guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF , the Companies have caused this instrumenl to be signed , and their corporate seals to be hereto affixed , this 3rd day of February , 2017. State of Connecticut By: Robert L. Raney, Sefrror Vice President City of Hartford SS. On this the 3rd day of February . 2017, before me personally appeared Robert L. Raney , who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company , and that he , as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 Mari"e C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following reso lutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America , Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman , the President, any Vice Chairman, any Executive Vice President, any Senior Vice President , any Vice President, any Second Vice President. the Treasurer , any Assistant Treasurer , the Corporate Sec retary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizan ce s , contracts of indemnity , and other writings obligatory in the nature of a bond, recognizance , or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED , that the Chairman , the President , any Vice Chairman, any Exec utive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company , provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED , that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice Pre sident or any Vice Pre si dent, any Second Vice President, the Treas urer, any Assistant Trea surer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal , if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED , that the signature of each of the following officers : President, any Executive Vice President, any Se nior Vice President, any V ice Pre sident. any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any ce rtificate relating thereto appointing Resident Vice Presid ents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such fa csi mile signature or facsimile sea l shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be va lid and bi nding on the Company in the future with respe ct to any bond or understanding to which it is attached . Dated this day of Z. Kevin E . Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On August 31, 2018 before me , Tony D. Gulbraa , Notary Public, personally appeared David Graham who proved to me on the basis of satisfactory evidence to be the person(..s ) whose name(S') is/a.r.e subscribed to the within instrument and acknowledged to me that he/.s-19e/{19ey executed the same in his/b.er.ttl=le·i-r authorized capacity(~es), and that by his/l:ierl-t-19eir signature(SJ on the instrument the person ($), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TONY D. GULBRAA Signature -Notary Public • California ~ Santa Clara County I z Commission# 2174609 ~ J • • • • • •Mr so~"l; tx~r:;' ge; :1 }~2a( (Sea l) ***************************************OPTIONAL********************************************************* (Though the information below is not required by law, it may prove valuable to perso ns relying on the document and co uld prevent fraudulen t removal and reattachm en t of th is form to another document.) Description of Attached Document Title or Type of Document: _______________________ _ Document Date : _____________ _ Number of Pages : ______ _ Signer(s ) Other Than Named Above : ____________________ _ Capacity(ies) Claimed by Signe r Signer's Name : ___________________________ _ D Individual D Corporate Officer -Title(s): ______________________ _ D Partner --D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Othe r: __________________ _ Signer is Representing : _____________ _ Right Thumbprint of Signer Above A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) ) County of Santa Clara ) On September 4, 2018 before me, Tony D. Gulbraa, Notary Public, personally appeared Kristen Graham who proved to me on the basis of satisfactory evidence to be the person(s) whose name(.s') is/afe subscribed to the within instrument and acknowledged to me thaH=i·e/she/-they executed the same in ·A-is/her/tt::ieir authorized capacity(.ies), and that by 1:1-is/her/tl=te-ir signature(S'j on the instrument the person'5), or the entity upon behalf of which the person(s') acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature --Z "f ;) g~ ~- (Seal ) ***************************************()Pl"IC>NAL********************************************************* (Though the information below is not required by law , it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.) Description of Attached Document Title or Type of Document: _______________________ _ Document Date: _____________ _ Number of Pages: ______ _ Signer(s) Other Than Named Above : ____________________ _ Capacity(ies) Claimed by Signer Signer 's Name : ___________________________ _ 0 Individual 0 Corporate Officer -Title(s): ______________________ _ 0 Partner --D Limited O General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ___________________ _ Signer is Representing: _____________ _ Ri ght Thumbprint of Signer Above Bo nd No 10 6888449 Performance Bond The City of Cupertino ("City ") and Graham Contractors , Inc . ("Contractor") have entered into a contract, dated , 20 __ ("Contract ") for work on the 2018 Pavement Maintenance Phase 2 Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). TRAVELERS C ASUALTY A N D SU RETY 1. General. Under this Bond, Contractor as Principal and COMPANY OF AMERI CA , its surety ("Surety "), are bound to City as obligee for an amount not less than $ 290 ,769.29 . By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors , administrators , successors and assigns, jointly and severally , to the provisions of this Bond . 2. Surety's Obligations. If Contractor fully performs its obligations under the Contract , including its warranty obligations under the Contract , and Contractor has timely provided a warranty bond as required under the Contract. Surety 's obligations under this Bond will become null and void upon City's acceptance of the Project, excluding any exceptions to acceptance , if any. Otherwise Surety's obligation will remain in full force and effect until expiration of the one year warranty period under the Contract. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845 . 4. Application of Contract Balance. Upon making a demand on this Bond , City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision , the Contract Balance is defined as the total amount payable by City to Contracto r as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages , credits , or back charges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City that Contractor is in default under Article 13 of the Contract General Conditions , time being of the essence , Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action : 5.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent , but only if Contractor is in default solely due to its financial inability to complete the Work ; 5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City , and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents , at Surety's expense ; or 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City 's costs to have the remaining Work completed . 6. Surety Default. If Surety defaults on its obligations under the Bond , City will be entitled to recover all costs it incurs due to Surety 's default, including legal , design professional , or delay costs. 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows : 2018 Pavement Maintenance Phase 2 2019-102 PERFORMANCE BOND Page 28 Attn : TRAVELERS CASUALTY AND SURETY C OMPANY OF AMERICA Address : One Tower Sq u are, Bond/SPB City/State/Zip : HarLJor<l , CT 0618 3 Phone : Fa x:-~~---------------------- Email : AMEN ARD@travelers.com 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 August 30 , 2018 . TRAVELERS CASUAL TY AND SURETY COMPANY OF AMERICA SURETY: ----------------------- ~usiness Name f j / s/ , ~A II A.. , "' z ::F",ioiA~ Name/Title [print] (Acknowledgment with Notary Seal for Surety and Su rety 's Power of Attorney must be attached .) CONTRACTOR: GRAHAM CONTRACTORS, INC. Business Name s/~~ Davi d Graha m , President Name/Titl e Kr isten Graham, Corporate Secretary Name/Title END OF PERFORMANCE BOND 2018 Pavement Maintenan ce Phase 2 2019-102 PERFORMANCE BOND Page 29 !CALIFORNIA ALL-PURPOS E AC KNOWL EDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness , accuracy, or validity of that document. State of California County of _----=L=o=-s-=-An=g=e-=le=s- On __ A_U_G_3_0_2_01_8 ___ before me , Vanessa Fong, Notary Public, personally appeared Samantha Fazzini who proved to me on the basis of satisfactory evidence to be the personfs1 whose namefsj is /aFe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi-s/her/tftei.F authorized capacityEiesJ, and that by-hi-s/her/thei-F signaturefs1 on the instrument the personEs1 , or the entity upon behalf of which the personfs1 acted, executed the instrument. I ce11ify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct . WITNESS my hand and official seal. Signature of ...... TRAVELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America , Travelers Casualty and Surety Company , and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Samantha Fazzini, of Los Angeles, California, their true and lawful Attorney-in-Fact to sign , execute , seal and acknowledge any and all bonds , recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut By: Robert L. Raney, sefrrorvicepresident City of Hartford ss. On th is the 3rd day of February , 2017 , before me personally appeared Robert L. Raney , who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company , and that he , as such , being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 Mari'e C. Tetreault , Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect , reading as follows: RESOLVED , that the Chairman, the President, any Vice Chairman , any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds , recognizances , contracts of indemnity, and other writings obligatory in the nature of a bond , recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President , any Vice Chairman, any Executive Vice President , any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company , provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED , that any bond , recognizance , contract of indemnity , or writing obligatory in the nature of a bond , recognizance , or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President , any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED , that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President , any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents , Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which ii is attached. I, Kevin E. Hughes, the undersigned , Assistant Secretary of Travelers Casualty and Surety Company of America , Travelers Casualty and Surety Company , and St. Paul Fire and Marine Insurance Company , do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of t Kevin E. Hughes , Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) ) County of Santa Clara ) On August 31, 2018 before me, Tony D . Gulbraa, Notary Public, personally appeared David Graham who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/.s.l=le.ttl=ley executed the same in his/ner/-1:heir authorized capacity(~es), and that by his/her/their signature(-s-J on the instrument the person(.8'), or the entity upon behalf of which the person(s) acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officia l seal. TONY D. GU LBRAA :Jy JU. .fJ ;d/ta,L-Signature ~ Notary Public • c'alifornia ~ Santa Clara County ~ z Commission# 2174609 :!: J. • 4 , 4 .Ml :oT"l' [•~rts ge! ~}}g2g( (Sea l) ***************************************C>P"TIC>NAL********************************************************* (Though the information below is not required by law , it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to an other doc ument.) Description of Attached Document Title o r Type of Document: _______________________ _ Document Date : _____________ _ Number of Pages : ______ _ Signer(s) Other Than Named Above: ____________________ _ Capacity(ies) Claimed by Signer Signer's Name : ___________________________ _ D Individual D Corporate Officer -Title(s): ______________________ _ D Partner --D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: __________________ _ Signer is Representing : _____________ _ Right Thumbprint of Signer Above A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) ) County of Santa Clara ) On September 4, 2018 before me, Tony D. Gulbraa, Notary Public, personally appeared Kristen Graham who proved to me on the basis of satisfactory evidence to be the person(SJ whose name(s-) is/ai=e subscribed to the within instrument and acknowledged to me that...he,she/.tl"ley executed the same in -1:t-is/her/tA·eir authorized capacity(~es), and that by A·is/her/t·l"leir signature(.s) on the instrument the person!,$), or the entity upon behalf of which the person(,5') acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature TONY D. GULBRA A Notar y Pu blic · Ca li fo rnia ;2 , -..,,; Sant a Cl ara Co un ty ~ z Commis sio n# 2 17 46 09 ~ t . ~ ~ . wMZ so~~-tx~r~ ge; :1 J&2d WITNESS my hand and official seal. (Seal) ***************************************()Pl"l()NAL********************************************************* (Though the information below is not required by law , it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.) Description of Attached Document Title or Type of Document: _______________________ _ Document Date : _____________ _ Number of Pages: ______ _ Signer(s) Other Than Named Above : ____________________ _ Capacity(ies) Claimed by Signer Signer's Name: ___________________________ _ D Individual D Corporate Officer -Title(s): ______________________ _ D Partner --D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other : Signer is Representing _____________ _ R ight T humbprint of Signer Above -----, I DATE(MM/DD/YYYY; AC~Rr,® CERTIFICATE OF LIABILITY INSURANCE 1.........-----08/31120 18 THIS CERTIFICATE IS I SSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTI FICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TH E PO LI CIES BELOW. THIS CERTIF ICATE OF INSURANCE DOES NOT CO NSTITUTE A CONTRACT BETWEEN THE ISSUING IN S URER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cert if icate h older is an ADDITIONAL INSURED, th e pol icy(i es) must h ave ADDITI ONAL I NSURED provisions o--be e ndorsed. If SUBROGATION IS WAIVED , subject to the terms and co nditions of the pol icy, certa in pol i cies may requ i re an e nd o rsement. A stateme nt on this cert if i ca t e does not confer ri ghts to the certificate holder in l ie u of s u c h e n dorsem ent(s). PR ODUCER CONTACT Risk Insurance Serv ices NAME: Aon west, Inc . PHONE (866) 283-71 22 I tffc. No.); 800-363-0105 San Jose CA office (AIC . No. Ext): 177 Park Avenue , suite 200 E~MAI L San Jose CA 95113 USA ADDR ESS; INS URE R(SI AFFORD ING COVERAGE NAI C # INSURED IN SURE R A: Traveler s Property Cas Co of America 25674 Graham contractors, Inc . IN SURER B: The Travelers I nd em ni ty Co of CT 25682 860 Lonus St reet P.O. Box 26770 INSURERC; San Jose CA 95159 USA INSURER D: IN SURER E: IN SURER F: COVERAGES CERTIFICATE NUMBER: 570072904502 REVISION N UMBER: TH IS IS TO CERTIFY TH AT THE PO LI CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO LI CY PER IOD IND ICATED . NOTWITHSTAND ING ANY REQU IREMENT. TERM OR COND IT ION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTA IN. THE INSURANCE AFFORDED BY THE POLIC IES DESCR IBED HEREIN IS SUBJ ECT TO ALL THE TERMS , EXCLUS IONS AND CONDIT IONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C LAIM S. Li mits s hown are as requested 1NsR T YPE O F INSURANCE ADD L SuBR POLICY NUMBER PO LI CY EFi-PuLICY E<P LIMITS LTR IN SD WvO IMMIDDIYYYY l /MMIDDIYYYY B X CO MMERCIAL GENE RAL LI AB ILI TY DT LLCOLG5ll2b4TCT18 V 05/01 /,UH U5 /0l/L0li EACH OCCURREl'CE V $1,000,000 f---D CLA.IMS-fv1AOE 0occuR DAMAGE TO REN I ED PR EMISES (E;i occurrence · $300,000 f--- MEO E>!.P (Any one pefSOnJ $10,000 f--- PERSONAL & ADV INJURY $1,000 ,000 - GE h!'L AGGREGATE llMIT APP LIES PER GENER/,L ,\GGREGATE v $2,000,000 R 0PRO-O we $2,000,000 POLICY X JECT PR ODUCTS -COMP!OP AGG OTHER. , A DT -810-7C544188-TIL-18 V 05 /01 /2018 05/01/20 19 COM8JNED S IN GLE LIMIT V Sl,000,000 AUTOMOBILE LIAB ILITY V £Ea acc1dent1 f---BOOIL Y INJURY t Per person } X ANY AUTO -Qlf,JNED -SCHEDULED BODILY INJURY {Per accident) AUTOS ONLY AUTOS --PROPERTY DP.MAGE HIRED AUTOS NON-OWNED (Per acrnJ enl) -----ONLY -AUTOS ONLY , , / A X UMBRELLA LIAS H OCCUR ZUP21Nl803618NF V 05/01/2018 05 /01/2 01'!' EACH OCCURRENC E V( $5,000,000 -AGGREG.t:..TE \ $5,000,000 EXCESS LI AS CLAIM S-MADE OED I x !RETENTION no. oou I, '-. ../ A WORKERS COMPENSAT ION AND UB4K20ll30l826G V 05 /01/2018 05 /01/20 19 XI PER I IOTH-EMPLOYERS' LI AB ILITY YII~ STATUTE ER ANY PROPRIETOR I PARTNER ! EXECUT IVE [I E.L. EACH ACC IDENT v n ,00 0,000 OFF ICERiMEMBER EXCLUDED? NIA (Mandatory in NH) E.L . DISE AS E-EA EMPLOYEE $1,000 ,000 If yes, des cri be under E.L. DI SEASE -POLI CY LIMIT $1,000,000 DESCRIP TION OF OPERAT IO N S below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHIC L ES (ACORD 1 0 1, Additiona l Remarks Sc hedule, may be attached if more space is req uired ) RE: 2018 Pa ve men t Maintenance Pha se 2 Project Number : 2019-102, GCI 18-250. The city of Cupertino; its ··'City Council, officers; officials, employees , agents , servants a nd volunteers are included as Add ition al Insured in accordance wit h the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liabil ity policies evidenced herein are Primary and Non-contributory to othe r insurance auailable to an Additional Insured, but o nl y in accordance with the policy 's provis ions . A waiver of subrogat ion is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability, Automobi le Liability and Worker s ' Compensation policies. With re sp ects to the workers ' Compensation coverage, officers and directors are excluded. CERTIFICATE HOLDER CANCELLATION SHOULD A NY O F THE ABOVE D E SCRIBED POLIC IES BE CANCE LLE D BEFORE THE EXP IRATION DATE THEREOF . NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PR OVISIONS. City of Cupertino AUTHORIZED REPRESENTATIVE Jo Anne Johnson 10300 Torre Ave nue Cupertino CA 95014-3255 USA dn ~fn.k?tance ~v~ ~~ ©1988-2015 ACORD CORPORATION . A ll r i ghts reserved. ACORD 25 (2 016/03) The ACORD name and logo are reg istered marks of ACORD w u co <t: "' 0 0, "' ,-... 0 0 ,-... "' .. 0 z Q) ~ 7 t (.) -- m.i ~ iiliilii ~ =--= ~ ;;"s: ..... ~ ... -::r.;: ~ ... ---- ~ -----. ~ I""! -~=-~ ~ ml PO LI CY NUMBE DT22 -C 0 -2G5 12264TC~ COMMERCIAL GENERAL LIABILITY THIS END RS-E.M E N:r-e~ THE POLICY. PLEASE READ IT CAREFULLY. CON TRACTORS XTEND ENDORSEME NT This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage . However , coverage for any injury , damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part , and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties , and what is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E . Who Is An In sured -Newly Acquired Or Formed Organizations F. Who Is An Insured -Broadened Named Insured -Unnamed Subsidiaries G. Blanket Additional Insured -Owners , Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I -COVERAGES -COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is : (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the e x ceptions in E x- clusion j., Damage To Property , in Para- graph 2. of SECTION I -COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted . 2. The following replaces the last paragraph of Paragraph 2., Exclusions , of SECTION I - COVERAGES -COVERAGE A. BODILY H. Blanket Additional Insured -Lessors Of Leased Equipment I. Blanket Additional Insured -States Or Political Subdivisions -Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability -Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY : Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by : a. Fire ; b. Ex plosion ; c. Lightning; d. Smoke resulting from such fire , explosion, or lightning ; or e. Water ; unless Exclusion f. of Section I -Coverage A -Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that ha s Exclusion -All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in it s title . A separate limit of insurance applies to "premises damage" as described in Para- graph 6. of SECTION Ill -LIMITS OF IN- SURANCE . CGD3161111 © 20 11 The Trave ler s In demnity Co mpa ny. A ll ri ght s rese rved . Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- TION 111-LIMITS OF INSURANCE: Subject to 5. above , the Damage To Prem- ises Rented To You Limit is the mo st we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results from: fire; explosion; lightning ; smoke resulting from such fire , explosion , or lightning ; or water; or any combination of any of th ese ca uses. Th e Damage To Premise s Rented To You Limit will be: a. The amount shown for the Damage T o Premises Rented To You Limit on the Declarations of this Coverage Part ; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on th e Declarations of this Coverage Part . 4. Th e following replaces Paragraph a. of the definition of "insured con tract" in the DEFINI- TIONS Section: a. A co ntra ct for a lease of premises. How- ever , that portion of the contract for a lease of premises that indemnifies any person or organization for "premises dumage" is not an "insured contra ct"; 5. The following is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The co nten ts of any premises while such premises is rented to you , if you rent suc h premises for a period of seven or f ewer co nsecutive days. 6. Th e following replaces Paragraph 4.b.(1 )(b) of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS : (b) That is in sura nce for "premi ses damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV - COMMERCIAL GENERAL LIABILITY CON- DITIONS is d elete d . C. INCREASED SUPPLEMENTARY PA\ MENTS 1. The following replace s Paragraph 1 .b . of SUPPLEMENTARY PAYMENTS -COVER- AGES A AND B of SECTION I -COVER- AGE b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish thes e bonds . 2. The following rep la ces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS -COVER- AGES A AND B of SECTION I -COVER- AGES d. All reasonab le expenses incurred by the in s ured at our req ue st to assist us in the investigation o r defense of the claim or "suit", including actual los s of earning s up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is ad ded to the definition of "oc- c u rren ce" in the DEFINITIONS Section: "Occ urrence" also mean s an act ur omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan servic es" to a person. 2. The fo llowing is added to Paragraph 2.a.(1) of SECTION II -WHO IS AN INSURED: Paragraph (1 )(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide : (i) "Incidental medical services" by any of your "employees" who is a nurse practi- tioner , reg istered nurse , licensed practical nurse , nurse assistant , emergency medi- ca l tec hnician or paramedic; or (ii) First aid or "Good Sama ritan services" by any of your "employees" or "volunteer wo rk ers", other t11an an e m p loy ed or vol - unteer doctor. Any su c h "employees" or "volunteer workers" providing or failing to prov ide fi rst aid or "Good Sa ma ritan ser- vices" during thei r work hours for you will be deemed to be acting w ithin the scope of th e ir employment by you o r perform ing duties relate d to th e co nd uct of your busi- ness. Page 2 of 6 © 201 1 Th e Tra velers Indemnity Company . All rights re served . CG D3161111 3. The following is added to Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE For the purposes of determining the applica- ble Each Occurrence Limit , all related acts or omissions committed in providing or failing to provide "incidental medi cal services", fir st aid or "Good Samaritan services" to any one per- son w ill be deemed to be one "occurrence". 4. The following exclusion is added to Para- graph 2., Exclusions , of SECTION I -COV- ERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consento~ the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means : a. Medical , surgical, dental , laboratory , x-ray or nursing service or treatment , advice or instruction, or the related furnishing of food or beverages ; or b. The furnishing or dispensing of drugs or medical , dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex- cess Insurance , of SECTION IV -COM- MERCIAL GENERAL LIABILITY CONDI- TIONS : The insurance is excess over any valid and collectible other insurance available to the in- sured , whether primary , excess, contingent or on any other basis , that is available to any of your "employees" or "volunteer workers" for "bodil :r injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II -Who Is An lnsur&d . E. WHO IS AN INSURED -NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragrapl1 4. of SECTION II -WHO IS AN INSURED: COMMERCIAL GENERAL LIABILITY 4. Any organization you newly acquire or form, other than a partnership , j oin t venture or lim- ited liability company , of which you are the sole owner or in which you maintain the ma- jority ownership interest , will qualify as a Named Insured if there is no other insurance which provides similar coverage to that or- ganization . However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period , whichever is earlier , if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period , when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it , and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period ; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization ; and c. Coverage B does not apply to "personal in- jury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED -BROADENED NAMED INSURED -UNNAMED SUBSIDIARIES The following is added to SECTION II -WHO IS AN INSURED Any of your subsidiaries , other than a i,artnership , joint venture or limited liability company , that is not shown as a Named Insured in the Declara- tions is a Named Insured if you maintain an own- ership interest of more than 50 % in such subsidi- ary on the first day of the policy period . No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- fense committed after the date , if any , during the policy period , that you no longer maintain an ownership interest of more than 50% in such sub- sidiary. CGD3161111 © 2011 The Tra ve le r s Ind e mnit y Co mp a ny . A ll rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILIT Y G. BLANKET ADDITIONAL INSURED -OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II -WHO IS AN INSURED : Any person or organization that is a premises owner , manager or lessor and that you have agreed in a written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured , but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs , or is "personal injury" or "ad vertising injury" caused by an offense that is commit- ted , subsequent to the execution of that con- tract or agreement ; and b. Arises out of the ownership , maintenance or use of that part of any premises leased to you. Th e insurance provided to such premises own er , manager or lessor is subject to the following pro- visions : a. The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declarations , which- ever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to : (1) Any "bodily injury" or "property damage" that occurs , or "personal injury" or "adver- tising injury" caused by an offense that is committed , after you cease to be a tenant in that premises; or (2) Structural alterations , n ew construction or demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner , manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary , excess, contingent or on any other basis , unl es s you have agreed in the written contract or agreement that this in- surance must be primary to , or non- contributory with, such other insurance , in which case this insurance will be primary to , and non-contributory with , such other insur- ance. H. BLANKET ADDITIONAL INSURED -LESSORS OF LEASED EQUIPMENT The following is add ed to SECTION II -WHO IS AN INSURED Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with re - spect to liability for "bodily injury", "property dam- age", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occ urs . or is "personal injury" or "advertising injury" caused by an offense that is commit- ted , subsequent to th e execution of that co n- tract or agreement ; and b, Is caused , in whole or in part , by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a . The limit s of in surance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement , or the limits shown on the Declarations , whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense that is committed, after the equipment lease expires. c. The insurance provided to suc h equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary , excess, contingent or on any other basis , unless you have agreed in the written con tra ct or agreement that this insurance must be primary to, or non-contributory with, such other insurance , in which case this insurance will be primary to, and non-contributory with , such other in- s urance. I. BLANKET ADDITIONAL INSURED -STATES OR POLITICAL SUBDIVISIONS -PERMITS The following is added to SECTION II -WHO IS AN INSURED : Any state or political subdivision that has iss ued a permit in connection with operations performed by you or on your behalf and that you are required Page 4 of 6 ©20 11 Th e Tr ave lers In demnity Company. A ll rights reserved. CGD3161111 by any ordinance , la w or building code to include as an additional insured on this Cove rage Part is an insured , but only with respect to liability for "bodily injury", "property damage", "personal in- jury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage ," "pe r- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdi vis ion ; or b. Any "bodily injury" or "property damage" in- cluded in the "products-completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit , of SECTION IV -COMMERCIAL GEN- ERAL LIABILITY CONDITIONS e. The following provisions apply to Paragraph a. above , but only for the purposes of the in- surance provided under this Cove rage Part to you or any insured listed in Paragraph 1. or 2. of Section II -W ho Is An In sured: (1) Notice to us of such "occurre nce" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individua l (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership , joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture or limited liability company , and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occu r- rence" or offense is known by: (a) Any individual who is (i) A partner or member of any part- nership or joint venture; COMMERCIAL GENERAL LIABILITY (ii) A manager of any limited li abi lity company ; or (iii) An executive officer or director of any other organization ; that is your partner , joint venture member or manager ; or (b) Any "employee" authorized by such partne rship , joint venture, limited li- ability company or other organization to give notice of an "occJrrence" or offense. (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation in su rer . This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- sc ribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided und er this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily in jury" or "property damage" or pollution costs arising out of a discharge , release or es- cape of "pollutants" which contains a requirem e nt that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement , this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations , of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS : The unintentional omission of, or unintentional error in , any information provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations . L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS CGD3161111 © 2011 Th e Tra ve lers Indemnit y Company. A ll rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization , we waive our right of recovery against such person or organiza- tion , but only for payments we make because of: a. "Bodily injury" or "property damage" that oc- curs ; or b. "Personal injury" or "advertising injury" caused by an offense that is committed ; subseque nt to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bod il y injury" in the DEFINITIONS Section: 3. "Bodily injury" means bodily injury , mental anguish, mental injury , shock , fright , disability , humiliation , sickness or disease sustained by a person, including death resulting from any of these at any tim e. N . CONTRACTUAL LIABILITY -RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section : c . Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured co ntra ct" in the DEFINITIONS Section is de- leted. Page 6 of 6 © 2011 Th e Tr ave ler s Indemnity Cornpany. A ll rights reserved. CG D3 16 11 11 Po licy Num ber COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any persor: or organization that: a. You agree in a "written contract requiring in- surance" to in clude as an additional insured on this Coverage Part ; and b. Has not been added as an additional insured for the same project by attachment of an en- dorsement under this Coverage Part which includes such person or organization in the endorsement's schedu le; is an insured , but: a. Only with respect to li ab ilit y for "bodily injury", "prope1ty damage" or "personal injury"; and b. Only as described in Paragraph (1), (2) or (3) below , whichever applies : (1) If the "written contract requiring insur- ance" specifically requires you to provide additional insured coverage to that per- son or organization by the use of: (a) The Additional Insured -Owners, Lessees or Contractors -(Form B) endorsement CG 20 10 11 85; or (b) Either or both of the following : the Add iti onal In sured -Owners, Les- sees or Contractors -Scheduled Person Or Organization endorsement CG 20 10 10 01 , or the Additional In- sured -Owners, Less ees or Contrac- tors -Comp leted Operat ion s en- dorsement CG 20 37 10 01; the person or organization is an additional in sured only if the injury or damage arises out of "your work" to which the "written contract requiring in surance" applies; (2) If the "writte n contract requiring in s ur- ance" specifically requires you to provide additional in sured co verage to that per- son or organ iza tion by the use of: (a) The Addit iona l In sured -Owners, Lessees or Contractors -Schedu le d Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13 , the Additiona l Insured -Owners, Lessees or Contractors -Comp leted Operations endorsement CG 20 37 07 04 or CG 20 37 04 13, or both of such endorsements with either of those edition dates; or (b) Either or both of the following: the Additiona l Insured -Owners, Les- sees or Contractors -Schedu led Person Or Organization endorsement CG 20 10 , or the Ad ditional In sured - Owners, Lessees or Contractors - Comp leted Operations endorsement CG 20 37, without an edition date of such endorsement specified; th e person or organ iz ation is an additional insured on ly if the inj ury or damage is caused , in who le or in part, by acts or omissions of you or your subcontractor in the performance of "your wc,rk" to which the "written contract requiring insurance" app li es; or (3) If neither Parag raph (1) nor (2) above ap- plies : (a) The person or organization is an ad- ditional insured only if, and to the ex- tent th at, the injury or damage is caused by acts or omissions of you or your subcontracto r in the perform- ance of "your work" to wh ich the "writ- ten contract requiring insurance" ap- pl ies; and (b) The person o r organization does not qu alify as an additiona l insured with respect to the independent acts or omissions of such person or organi- zation. CG 06 04 08 13 © 2013 Th e Tr avelers Ind emnity Compa ny. A ll rights reserved . Pag e 1 of 3 COMMERCIAL GENERAL LIABILITY 2. The insurance provided to the additional insured by this endorsement is limited as follows : a . If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured will be limited to suc h minimum required limits of liability . For the purposes of determining whether this limitation applies, the minimum limits of liability required by the "written con- tract requiring insurance" will be considered to include the minimum limits of liability of any Umbreila or Excess liability coverage required for the additional insured by that "written con- tract requiring insurance". This endorsement will not in crease the limits of insurance de- scribed in Section Ill -Limits Of Insurance . b. The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions , reports , surveys , field or- ders or change orders , or the preparing, approving, or failing to prepare or ap- prove , drawings and specifications ; and (2) Supervisory , inspection , architectural or engineering activities. c. The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed opera- tions hazard" unless the "written contract re- quiring insurance" specifically requires you to provide such coverage for that additional in- sured during the policy period. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and co llectible other insurance , whether primary , ex- cess , contingent or on any other basis , that is available to the additional insured. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis , this insuran ce is primary to other insurance available to the additional insured under which that person or organiz2,tion qualifies as a named insured, and we will not share with that other insurance . But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible other insurance , whether primary , excess, contingent or on any other basis , that is available to the additional insured when that per- son or organization is an additional insured, or is any other insured that does not qualify as a named insured , under such other insurance. 4. As a condition of cove rag e provided to the addi- tional insured by this endorsement: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possib le , such notice should include : (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is bre,ught against the additional insured, the additional in sured must : (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the c laim or defense against the "suit", and oth- erwise comply with all policy cond itions . d. The additional insured must tender the de- fense and indemnity of any c laim or "suit" to any provider of other insurance which would cover the additional insured for a los s we cover under this endorsement. Howeve r, this cond ition does not affect whether the insur- ance provided to the additional insurea by this endorsement is primary to other insurance available to the additional insurerl which cov- ers that person or organization as a named insured as described in Paragraph 3. above . 5. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- Page 2 of 3 © 2013 The Travelers Ind emnity Company. All rights reserved . CG D6 04 08 13 ganization as an additional in sured on this Cover- age Part , provided that the "bod ily injury" and "property damage" occurs , and the "personal in- jury" is caused by an offense committed, during the policy period and COMMERCIAL GENERAL LIABILITY a. After the signing and execution of the contract or agreement by you ; and b. Whi le that part of the contract or agreement is in effect. CG D6 04 08 13 © 2013 The Traveler s Indemnity Company. All rights reserved . Page 3 of 3 COMM ER C IAL A UTO HE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT Thi s endorsement m odi fi es insurance provided unde r the following : BUSINES S AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This en dorse ment broadens cov erag e. Ho weve r, coverage for any injury , damage or medical expe nses described in any of th e provisions of this endorsement may be exc lud ed or limited by another endorsement to t he Coverage Part , and the se coverage broadening prov isions do not apply to the extent that co verage is excluded or limit ed by such an e ndors ement. Th e following li sting is a genera l cover- age description only. Limitations and ex clusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties , and what is and is not covered. A . BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMEN T S -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured , of SECTION II -COVERED AUTOS LIABILITY COVERAGE Any organization you newly acquire or form dur- ing the policy period over which you maintain 50 % or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded on ly un- ti l the 180th day after you ac quire or form the or- ganization or the end of th e po l icy period , which- eve r is earlier. B. BLANKET ADDITIONAL INSURED The following is ad ded to Paragraph c. in A.1., Who Is An Insured , of SECTION II -COVERED AUTOS LIABILITY COVERAGE Any perso n or organization who is required und er a written con tract or agreement between you and that per so n or organization, that is signed and executed by you before the "bod ily injury" or "property damage" occurs and that is in effect during th e policy period , to be n amed as an addi- tional in su red is an "insured" fo r Covered Autos Liability Co verag e , but only for damages to which H . HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J . PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and on ly to th e extent that pers on or organization qualifies as an "in su red " und er the Who Is An Insured provision conta in ed in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1 ., Who Is An Insured , of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE An "employee" of yours is an "in sured " while operating an "au to " hired or rente d under a co ntract or agreement in an "employee's" name , with your permis sion , whi le pe rforming duties related to the co nduct of your busi- ness. 2. The fo ll ow ing replaces Paragraph b. in 8.5., Other Insurance , of SECTION IV -BUSI- NESS AUTO CONDITIONS b. For Hired A uto Phy sica l Damag e Co ver- age , the follo w ing are deemed to be cov- ered "autos" you own : (1) Any co vere d "au to" you lease , hire, rent or borrow; and (2) A ny covered "auto" hired or re nt ed by your "emp loyee" under a co ntract in an "employee's" name , with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company. A ll right s reserved . Page 1 of 4 Includes copyrighted materia l of Ins ur ance Services Office , In c. wit h it s permission . COMMERCIAL AUTO permi ssio n , while performing duties related to the conduct of your busi- ness. However , any "auto" that is leased , hired , rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured , of SECTION II -COVERED AUTOS LIABILITY COVERAGE Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your persona l affairs . E . SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3 ,000 for cost of bail bonds (in- cluding bonds for related traffic law viola - tions) required because of an "accident" we cover . We do not have to furnish these bonds . 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE : (4) All reasonable expenses incurred by the "insured" at our request , including actual less of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B. 7., Policy Period, Coverage Territory , of SECTION IV -BUSINESS AUTO CONDI- TIONS : (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction , for Cov- ered Autos Liability Co vera ge for any covered "aut o" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease , hire , rent or borrow from any of your "employe es", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) Wit h respect to any c laim made or "suit" brought outside the United States of America, the territories and possessions of the United States of A merica , Puerto Rico and Canada : (i) Yo u must arrange to defE:nd the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may , at our discretion , participate in defending the "insured" against, or in the settlement of, any claim or "suit 11 • (iv) We will reimburse the "insured" for sums that the "insured" lega ll y must pay as damages because of "bo dily injury" or "property damage" to which this insuran ce applies , that the "in- sured" pays with our consent , but only up to the limit described in Para- graph C ., Limits Of Insurance , of SECTION II -COVERED AUTOS LIABILITY COVERAGE . (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for you, investiga- tion of such claims and your defense of the "ins ured" against any such "suit", but only up to and included with in the limit described in Para- graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE , and not in addition to such limit. Our duty to make such payments ends when we have used up the app licable limit of insurance in payments for damages, settlements or defense expenses. (b) This insuran ce is excess over any valid and collectible other in surance available to the "insured" whether primary , excess , contingent or on any other basis . (c) This insuran ce is not a substitute for re- quired or compu lsory insuran ce in any country outside the United States , its ter- ritories and possessions , Puerto Rico and Canada. Page 2 of 4 ©2015 The Trave lers In demnity Company . A ll rights reserved. CA T3 53 0215 In c lud es copy rig ht ed mate rial of In surance Services Office . Inc. w ith its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy , but we will only be liable to the same extent we would have been liable hnd you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America , its territories and possessions , Puerto Rico and Can- ada . We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced . H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses , of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE : However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses , of SECTION 111 -PHYSICAL DAMAGE COVER- AGE We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions , of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph 8.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1 .c., but only : a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policv: b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1 ,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 02 15 © 2015 The Trave le rs Ind em ni ty Com pa ny. All righ ts rese rve d. Page 3 of 4 Includ es co pyright ed ma terial of In s urance Servi c es Office . In c. with it s per miss io n. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud , of SECTION IV -BUSINESS AUTO CONDITIONS : The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2015 The Travelers In demnity Company. All rights reserved. CA T3 53 02 15 In c lud es copyrighted material of Insuran ce Services Office , Inc . with its permis sio n. ...... TRAVELfRSJ ONE TOWER SQUARE HARTF ORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) -001 POLICY NUMBER: UB-4K201130 -18 -26-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy . We will not enforce our right against the person or organization named in the Schedule . The additional premium for this endorsement shal l be O 3 . 00 0 % of the California workers' com per .sation pre- mium . Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Job Description This endorser nent changes the policy to which it is attached and is effective on the date issued unless otherwise stated . (The information below is required only when th is endorsement is issued subsequent to preparation of the policy.) -·3-·· Endorsement Effective 0 5-01-2018 Polrcy No. UB-4K2 0,1 130 -18 -26-G Endorsement No . Insured Graham Contracto rs, I nc. Premium Travelers Property Casulaty Company of America ::;e l:ffite-F&i§net rti y ------------ DATE OF ISSUE: 05-01 -18 ST ASSIGN: Page 1 of 1 POLICY NUMBE . ZUP-21N18036-18-NF UMBRELLA ISSUE DATE: 05/14/18 THIS ENDOR SE IVIENT CHANGE S THE POLICY. PLEAS E READ IT CAREFULLY. SC HEDULE OF UNDERl YI NG IN SURA N CE -CON TINU ED Thi s endorsement modifies insurance provided under the following : EX CESS FOLLOW-FORM AND UMBRELLA LIABILITY INSURANCE Type Of Coverage: GENERAL LIABILITY Carrier: Policy Number: TRAVELERS INDEMNITY COMPANY OF CONNECTICUT ------ Policy Period From: 05/01/2018 to : 05/01/2019 Type Of Coverage: AUTO.MOBILE LIABILITY Carrier: Policy Number: TRAVELERS PROPERTY CASUALTY COHPANY OF Af!ERICA DT-810-7C544188-TIL-18 P o licy Period From: 05/01/2018 to: 05/01/2019 Type Of Coverage: EHPLOYERS LIABILITY Carri er Policy Number: TRAVELERS PROPERTY CASUALTY COMPANY OF Af!ERICA UB-4K2 011 ~ Polic y Period From: 05/01/2018 to: 05/01/2019 PRODUCER AON RISK INS SERV WEST Limits Of Liabilitv $1,000,000 EACH OCCURRENCE $2,000,000 GENERAL AGGREGA:E $2,000,000 PER PROJECT $2,000,000 PRODUCTS/COMPLETED OPERATIONS AGGREGATE $1,000,000 PERSONAL/ADVERTISING INJURY GRAHAM CONTRACTORS INC Limits Of Liability $1,000, 000 CSL GRAHAl1 CONTRACTORS Limits Of Liabilitv $1 ,000 ,000 EACH ACCIDENT $1,000,000 POLICY LIMIT $1,000 ,000 EACH EMPLOYEE UNLIMITED IN THE STATE OF NEW YORK FOR SUBJECT EMPLOYEES GRAHN-! CONTRACTORS OFFICE : PHOENIX, AZ EU 00 04 07 16 © 201 6 The Tra veler s Indemnity Company. All r ight s re served . Page 1 of 1 PUBLIC WORKS DEPARTMENT 10300 TORRE AVENUE CUPERTINO, CALIFORNIA 95014 PROJECT MANUAL FOR THE 2018 PAVEMENT MAINTENANCE PHASE 2 Bid Date: July 24, 2018 Project Number: 2019-102 PROJECT DIRECTORY Project Name: 2018 Pavement Maintenance Phase 2 Project Number: 2019-102 Location: Various City Streets City Representative: City of Cupertino Jo Anne Johnson Public Works Department 10300 Torre Avenue Cupertino, CA 95014 PH: 408-777-3354 FX: 408-777-3333 e-mail: joannej@cupetino.org Address for Stop Notices: City of Cupertino Jo Anne Johnson Public Works Department 10300 Torre Avenue Cupertino, CA 95014 PH: 408-777-3354 FX: 408-777-3333 e-mail: joannej@cupertino.org i 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 .............................................................................................................................. 26 Performance Bond ...................................................................................................................... 28 General Conditions ..................................................................................................................... 30 Article 1 – Definitions .................................................................................................................. 30 Definitions .................................................................................................................................. 30 Article 2 - Roles and Responsibilities ....................................................................................... 33 2.1 City ................................................................................................................................ 33 2.2 Contractor ...................................................................................................................... 33 2.3 Subcontractors .............................................................................................................. 35 2.4 Coordination of Work ..................................................................................................... 35 2.5 Submittals ...................................................................................................................... 36 2.6 Shop Drawings .............................................................................................................. 37 Article 3 - Contract Documents .................................................................................................. 37 3.1 Interpretation of Contract Documents ........................................................................... 37 3.2 Order of Precedence ..................................................................................................... 38 3.3 Caltrans Standard Specifications .................................................................................. 38 3.4 For Reference Only ....................................................................................................... 39 3.5 Current Versions ........................................................................................................... 39 3.6 Conformed Copies. ....................................................................................................... 39 Article 4 - Bonds, Indemnity, and Insurance ............................................................................ 39 4.1 Payment and Performance Bonds ................................................................................ 39 4.2 Indemnity ....................................................................................................................... 40 4.3 Insurance ....................................................................................................................... 40 Article 5 - Contract Time ............................................................................................................. 43 5.1 Time is of the Essence .................................................................................................. 43 5.2 Schedule Requirements ................................................................................................ 44 5.3 Delay and Extensions of Contract Time ........................................................................ 45 5.4 Liquidated Damages ..................................................................................................... 48 Article 6 - Contract Modification ................................................................................................ 49 6.1 Contract Modification and Changes in Work ................................................................. 49 6.2 Contractor Change Order Requests ............................................................................. 50 6.3 Adjustments to Contract Price ....................................................................................... 51 6.4 Unilateral Change Order ............................................................................................... 51 6.5 Non-Compliance Deemed Waiver ................................................................................. 51 Article 7 - General Construction Provisions ............................................................................. 52 7.1 Permits and Taxes ........................................................................................................ 52 7.2 Temporary Facilities ...................................................................................................... 52 7.3 Noninterference and Additional Work Areas ................................................................. 52 7.4 Signs .............................................................................................................................. 53 7.5 Worksite and Nearby Property Protections. ................................................................. 53 7.6 Materials and Equipment............................................................................................... 54 7.7 Substitutions .................................................................................................................. 55 ii 7.8 Inspection and Testing .................................................................................................. 56 7.9 Worksite Conditions and Maintenance .......................................................................... 57 7.10 Instructions and Manuals .............................................................................................. 59 7.11 As-built Drawings .......................................................................................................... 59 7.12 Existing Utilities ............................................................................................................. 59 7.13 Notice of Excavation ...................................................................................................... 59 7.14 Trenching and Excavations of Four Feet or More ......................................................... 60 7.15 Trenching of Five Feet or More ..................................................................................... 60 7.16 New Utility Connections ................................................................................................ 60 7.17 Lines and Grades. ......................................................................................................... 61 7.18 Historic or Archeological Items ...................................................................................... 61 7.19 Recycling and Waste Disposal. ..................................................................................... 61 7.20 Storm Water Pollution Control ....................................................................................... 62 7.21 Traffic Control and Public Safety ................................................................................... 71 7.22 Noise Control. ................................................................................................................ 72 7.23 Fire Protection Plan. ...................................................................................................... 72 Article 8 - Payment ...................................................................................................................... 72 8.1 Schedule of Values ....................................................................................................... 72 8.2 Progress Payments ....................................................................................................... 73 8.3 Adjustment of Payment Application .............................................................................. 73 8.4 Early Occupancy. .......................................................................................................... 74 8.5 Retention ....................................................................................................................... 74 8.6 Setoff ............................................................................................................................. 74 8.7 Payment to Subcontractors and Suppliers .................................................................... 74 8.8 Final Payment ............................................................................................................... 75 8.9 Release of Claims ......................................................................................................... 75 8.10 W arranty of Title ............................................................................................................ 75 Article 9 - Labor Provisions ........................................................................................................ 75 9.1 Discrimination Prohibited............................................................................................... 75 9.2 Labor Code Requirements ............................................................................................ 75 9.3 Prevailing Wages .......................................................................................................... 76 9.4 Payroll Records ............................................................................................................. 76 9.5 Labor Compliance ......................................................................................................... 77 Article 10 - Safety Provisions ..................................................................................................... 77 10.1 Safety Precautions and Programs ................................................................................ 77 10.2 Hazardous Materials ..................................................................................................... 77 10.3 Material Safety .............................................................................................................. 77 10.4 Hazardous Condition ..................................................................................................... 78 Article 11 - Completion and Warranty Provisions .................................................................... 78 11.1 Final Completion ........................................................................................................... 78 11.2 Warranty ........................................................................................................................ 79 11.3 Use Prior to Final Completion ....................................................................................... 80 11.4 Substantial Completion ................................................................................................. 80 Article 12 - Dispute Resolution .................................................................................................. 80 12.1 Claims............................................................................................................................ 80 12.2 Claims Submission ........................................................................................................ 81 12.3 City’s Response ............................................................................................................ 82 12.4 Meet and Confer ............................................................................................................ 82 12.5 Mediation and Government Code Claims ..................................................................... 83 12.6 Tort Claims .................................................................................................................... 83 12.7 Arbitration ...................................................................................................................... 83 12.8 Damages ....................................................................................................................... 83 12.9 Other Disputes .............................................................................................................. 84 Article 13 - Suspension and Termination .................................................................................. 84 13.1 Suspension for Cause ................................................................................................... 84 13.2 Suspension for Convenience ........................................................................................ 84 iii 13.3 Termination for Default .................................................................................................. 84 13.4 Termination for Convenience ........................................................................................ 85 13.5 Effect of Any Contract Termination ............................................................................... 85 Article 14 - Miscellaneous Provisions ....................................................................................... 85 14.1 Assignment of Unfair Business Practice Claims ........................................................... 85 14.2 Provisions Deemed Inserted ......................................................................................... 86 14.3 Waiver ........................................................................................................................... 86 14.4 Titles, Headings, and Groupings ................................................................................... 86 14.5 Statutory and Regulatory References ........................................................................... 86 Special Conditions ...................................................................................................................... 87 Project Forms ............................................................................................................................... 90 Substitution Request Form ........................................................................................................ 91 Release of Claims ........................................................................................................................ 93 Technical Specifications……………………………………………………………………………….95 General Requirements………………………………………………………………………………...110 Estimated Quantities…………………………………………………………………………………. 116 Work Hour Restrictions……………………………………………………………………………….119 2018 Pavement Maintenance Phase 2 NOTICE INVITING BIDS Project No. 2019-102 Page 1 Notice Inviting Bids 1. Bid Acceptance. The City of Cupertino (“City”) will accept sealed bids for its 2018 Pavement Maintenance Phase 2 Project (“Project”), by or before July 24, 2018, at 2:00 p.m., at the City Clerk’s Office, located at 10300 Torre Avenue, Cupertino, California, 95014 at which time the bids will be publicly opened in the City Hall lobby and read aloud. The City may, acting in its sole discretion, reject any and all bids, and may waive any immaterial deviation from the bid requirements to the full extent permitted by law. 2. Project Information. 2.1 Location and Description. The Project is located at various locations within the City of Cupertino and is described as follows: Crack sealing and micro-surfacing various residential roads 2.2 Time for Completion. The planned timeframe for commencement and completion of construction of the Project is: The project is expected to be awarded August 21, 2018. Crack sealing operations shall begin early September. All work shall be complete within 45 working days. 3. License and Registration Requirements. 3.1 License. This Project requires a valid California contractor’s license for the following classification(s): Class A or Class C-12. 3.2 DIR Registration. City may not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code section 1725.5, subject to limited legal exceptions. 4. Contract Documents. The plans, specifications, bid forms and contract documents for the Project, and any addenda thereto (“Contract Documents”) are available in electronic form only, and may be downloaded from City’s website under “Open Bids” at: http://www.cupertino.org/i-want-to/bid-on/open-bids and may also be available from a local or regional plan room or trade journal. 5. Bid Security. The Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s or certified check m ade 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 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. 2018 Pavement Maintenance Phase 2 NOTICE INVITING BIDS Project No. 2019-102 Page 2 6. Prevailing Wage Requirements. 6.1 General. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. 6.2 Rates. These prevailing rates are on file with the City and available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. 6.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code section 1771.4. 7. Performance and Payment Bonds. The successful bidder will be required to provide performance and payment bonds, each for 100% of the Contract Price. 8. Substitution of Securities. Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted under Public Contract Code section 22300. 9. Subcontractor List. Each Subcontractor must be registered with the DiR to perform work on public projects. Each bidder must submit a completed Subcontractor List form with its Bid Proposal, including the name, location of the place of business, California contractor license number, DIR registration number, and percentage of the Work to be performed (based on the Base Bid) for each Subcontractor that will perform work or service or fabricate or install work for the prime contractor in excess of one-half of 1% of the bid price or, for construction of streets and highways, $10,000 (whichever is greater), using the Subcontractor List form included with the Contract Documents. 10. Subcontractor Limit. The prime contractor is required to self-perform at least 60% of the Work on the Project, as further specified in the Instructions to Bidders. 12. Instructions to Bidders. All bidders should carefully review the Instructions to Bidders before submitting a Bid Proposal. By: ___________________________________ Date: ________________ Grace Schmidt, City Clerk Publication Date: June 29, 2018 END OF NOTICE INVITING BIDS Bidder’s Name: ___________________________ 2018 Pavement Maintenance Phase 2 BID PROPOSAL Project No. 2019-102 Page 3 Instructions to Bidders Each Bid Proposal submitted to the City of Cupertino (“City”) for its 2018 Pavement Maintenance Phase 2 Project (“Project”) must be submitted in accordance with the following instructions and requirements: 1. Bid Submission. 1.1 General. 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. City reserves the right to postpone the date and time for receiving or opening bids. Each bidder is solely responsible for all of its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance and overhead. 1.2 Bid Envelope. The envelope containing the sealed Bid Proposal and all required forms and attachments must be clearly labeled and addressed as follows: BID PROPOSAL: 2018 Pavement Maintenance Phase 2 Project Project No. 2019-102 City Clerk’s Office Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 Attn: Jo Anne Johnson 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] 1.3 DIR Registration. City will not accept a Bid Proposal from or enter into the Contract with a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code section 1725.5, subject to limited legal exceptions. If City is unable to confirm that the bidder’s DIR registration is current at 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 must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible, and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,” “will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by bid securit y, as set forth in Section 4 below, and by a completed Bid Schedule, Subcontractor List, and Non-Collusion Declaration using the forms included in the Project manual as directed. Bidder’s Name: ___________________________ 2018 Pavement Maintenance Phase 2 BID PROPOSAL Project No. 2019-102 Page 4 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 Documents or the Notice of Award. 5. Bid Schedule. Each bidder must complete the Bid Schedule form with unit prices as indicated, and submit the completed Bid Schedule with its Bid Proposal. 5.1 Incorrect Totals. In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount (as the product of the estimated quantity and the unit cost), unless the cumulative amount of correction changes the to tal 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 for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this provision is intended to prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code section 5100 et seq. 5.2 Estimated Quantities. The quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price. 6. Subcontractor Work Limits. The prime contractor must perform at least the percentage of the Work on the Project specified 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 must self- 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 m ust be submitted within 2 working days following a request by City. A bid submitted by a bidder that does not fully com ply 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 Bidder’s Name: ___________________________ 2018 Pavement Maintenance Phase 2 BID PROPOSAL Project No. 2019-102 Page 5 8.1 General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documents and 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 may not enter City’s property or the Project site without prior 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 City prior to submitting a Bid Proposal, subject to the limitations of Public Contract Code section 1104. 8.2 Project Site. Soil and soil test data, water table elevations, and soil analyses for test holes , if any, may be available for inspection at the 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 with prior 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 Documents or in documents provided “For Reference Only,” apply only to the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The bidder is responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during Project construction will not be considered changed Project site conditions. Actual locations and depths must be determined by bidder’s field investigation. The bidder may request access to underlying or background information on the Project site in City’s possession that is necessary for the bidder to form its own conclusions, including, if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures . 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. 8.3 Utilities. 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 necessar y 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. 8.4 Site Investigation Requirements. Potential bidders will be required to 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 conducted in a manner to avoid endangering persons or damaging property, and must promptly and fully restore the site to its pre-investigation condition, including filling in holes and cleaning up. City reserves the right to impose additional conditions to site access or investigation in order to protect 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 submit or be a party to more than one Bid Proposal unless alternate bids are specifically called for. However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders, and may also submit a Bid Proposal as a prime contractor. Bidder’s Name: ___________________________ 2018 Pavement Maintenance Phase 2 BID PROPOSAL Project No. 2019-102 Page 6 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 Jo Anne Johnson, Public Works Project Manager, joannej@cupertino.org. Oral responses are not authorized and are not binding on the City. Bidders should submit any such written inquiries at least five working days before the scheduled bid opening. Questions received any later might not be addressed before the bid deadline. An interpretation or clarification by City in response to a written inquiry will be issued in an addendum. 11. Addenda and Plan Holder’s List. Any addenda issued prior to the bid opening are part of the Contract Documents. Subject to the limitations of Public Contract Code section 4104.5, City reserves 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 pavementprojects@cupertino.org: bidder’s name, address, phone number and email address, 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, should regularly check City’s website for any addenda or updates on the Project. 12. Pre-Bid Substitution Requests. Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. A pre-bid request for substitution must be submitted 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 do not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public 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 received by City at 10300 Torre Ave or via email at joannej@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: 14.1 Eligibility. Only a bidder who has actually submitted a responsive Bid Proposal, as determined by City, is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. For purposes of this Section, a “Working Day” means a day that City is open for normal business, and excludes weekends and holidays observed by City. Pursuant to Public Contract Code 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. 14.2 Protest 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 Co ntract 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. Bidder’s Name: ___________________________ 2018 Pavement Maintenance Phase 2 BID PROPOSAL Project No. 2019-102 Page 7 14.3 Copy to Protested Bidder. Upon submission of its bid protest to City, the protesting bidder must also concurrently transmit the protest and all supporting documents to the protested bidder, and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest, by email or hand delivery to ensure delivery before the Bid Protest Deadline. 14.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within two W orking Days after the Bid Protest Deadline or after actual receipt 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. 14.5 Copy to Protesting Bidder. Upon submission of its response to the bid protest to the City, the protested bidder must also concurrently transmit by email or hand delivery, by or before the Response Deadline, a copy of its response and all supporting documents to the protesting bidder and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 14.6 Exclusive Remedy. The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings. 14.7 Right to Award. City reserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit, to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to Proceed with the W ork notwithstanding any pending or continuing challenge to its determination. 15. Reservation of Rights. To the full extent permitted by law, City reserves the right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities, to accept or reject any and all bids, or to abandon the Project entirely. The Contract will be awarded, if at all, within 90 days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the 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 planned commencement date, and reserves 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 . and must also obtain a City Business License before beginning W ork on the Project, unless its sole 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 under Labor Code sections 1777.1 or 1777.7 is prohibited from performing work on the Project. Bidder’s Name: ___________________________ 2018 Pavement Maintenance Phase 2 BID PROPOSAL Project No. 2019-102 Page 8 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 braci ng, or equivalent method, for the protection of life or limb, which comply with safety orders as required by Labor Code section 6707. 20. For Reference Only. The following documents are provided in attachment B for reference only. Location Map END OF INSTRUCTIONS TO BIDDERS Bidder’s Name: ___________________________ 2018 Pavement Maintenance Phase 2 BID PROPOSAL Project No. 2019-102 Page 9 Bid Proposal 2018 Pavement Maintenance Phase 2 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 overhead for the following price (“Base Bid”): $ _______________________________________________________. 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder 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: 3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code section 1104. 3.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location. 3.3 Bidder is Qualified. Bidder is fully qualified to perform the Work. 3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid. 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 will do all of the following: 4.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents; 4.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; and 4.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents. Bidder’s Name: ___________________________ 2018 Pavement Maintenance Phase 2 BID PROPOSAL Project No. 2019-102 Page 10 5. Bid Security. As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms (check one): ____ A cashier’s check or certified check payable to City and issued by _______________________________ [Bank name] in the amount of $____________________________. ____ A bid bond, using the Bid Bond form included with the Contract Documents, payable to City and executed by a surety licensed to do business in the State of California. This Bid Proposal is hereby submitted on _________________________, 20__. _________________________________________ Bidder Business Name Signature Name/Title (If Corporation: Chairman, President or Vice President) _______________________________________ Date Signature Name/Title (If Corporation: Secretary, Assistant Secretary, Chief Financial Officer or Assistant Treasurer) _____________________________________ ______________________________________ License #, Expiration Date, and Classification DIR Registration # _____________________________________ ______________________________________ Address Phone _____________________________________ ______________________________________ City, State, Zip Contact Name/Title _____________________________________ ______________________________________ Contact Phone Contact Email END OF BID PROPOSAL Bidder’s Name: ___________________________ 2018 Pavement Maintenance Phase 2 BID SCHEDULE Project No. 2019-102 Bid Schedule This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal Form. LS = Lump Sum EA = Each LF = Linear Foot CF = Cubic Feet CY = Cubic Yard SY=Square Yard SF = Square Feet LB = Pounds TON = Ton (2000 lbs) AL = Allowance BID ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT 1 Traffic Control 1 LS $ $ 2 Crack Treatment 1 LS $ $ 3 Micro-surfacing 83,581 SY $ $ 4 Install Blue RPMs @ Fire Hydrants 21 EA $ $ 5 12” Yellow Crosswalk (Thermo) 210 LF $ $ 6 12” White Crosswalk/Limit Line (Thermo) 730 LF $ $ 7 24” White (Thermo) 120 LF $ $ 8 24” Yellow (Thermo) 220 LF $ $ 9 Striping Detail #22 (Thermo/Markers) 900 LF $ $ 10 “Stop” Legend (Preformed Thermo) 20 EA $ $ 11 “Slow” Legend (Preformed Thermo) 2 EA $ $ 12 “School” Legend (Preformed Thermo) 2 EA $ $ 13 “Xing” Legend (Preformed Thermo) 2 EA $ $ 14 “25” Legend (Preformed Thermo) 4 EA TOTAL BASE BID: Items 1 through 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 Bidder’s Name: ___________________________ 2018 Pavement Maintenance Phase 2 SUBCONTRACTOR LIST Project No. 2019-102 Page 12 Subcontractor List For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Contract Price,1 the bidder must list a description of the W ork, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. Bidder may not list more than one Subcontractor for each such portion of the Work listed by Bidder below. DESCRIPTION OF WORK SUBCONTRACTOR NAME CALIFORNIA CONTRACTOR LICENSE NO. LOCATION OF BUSINESS DIR REG. NO. PERCENT OF WORK END OF SUBCONTRACTOR LIST 1 For street or highway construction this requirement applies to any subcontract of $10,000 or more. Bidder’s Name: ___________________________ 2018 Pavement Maintenance Phase 2 NONCOLLUSION DECLARATION Project No. 2019-102 Page 13 Noncollusion Declaration TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the __________________________ [title] of _____________________________________ [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code 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 2018 Pavement Maintenance Phase 2 BID BOND Project No. 2019-102 Page 14 Bid Bond ________________________________________________________ (“Bidder”) has submitted a bid, dated ___________________________, 20______ (“Bid”), to City of Cupertino (“City”) for work on the 2018 Pavement Maintenance Phase 2 Project (“Project”). Under this duly executed bid bond (“Bid Bond”), Bidder as Principal and ______________________________, its surety (“Surety”), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the “Bond Sum”). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows: 1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid. 2. Submittals. Within ten days following issuance of the Notice of Award to Bidder, Bidder must submit to City the following: 2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents (“Contract Documents”); 2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents; 2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; and 2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents, and any other documents required 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. Duration; Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for 90 days following award of the Contract or 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.] 2018 Pavement Maintenance Phase 2 BID BOND Project No. 2019-102 Page 15 This Bid Bond is entered into and effective on ___________________, 20_____. SURETY: ________________________________________________________ Business name s/ _______________________________________________________________ ________________________________________________________________ Name/Title (Acknowledgement with Notary Seal for Surety, and Surety’s Power of Attorney-In-Fact Certificate must be attached.) BIDDER: ________________________________________________________ Business name s/ _______________________________________________________________ ________________________________________________________________ Name/Title END OF BID BOND 2018 Pavement Maintenance Phase 2 BIDDER’S QUESTIONNAIRE Project No. 2019-102 Page 16 Bidder’s Questionnaire 2018 PAVEMENT MAINTENANCE PHASE 2 PROJECT Within 2 working days following a request by the City of Cupertino (“City”), a bidder must submit to City a completed, signed Bidder’s Questionnaire using this form and including all required attachments. City may request the Questionnaire from one or more of the apparent low bidders following the bid opening, and may 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 Ques tionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid. Part 1: General Information Bidder’s Full Legal (Business) Name: _______________________________________________ (“Bidder”) Check One: ___ Corporation ___ Partnership ___ Sole Proprietorship ___ Joint Venture of: __________________________________ * ___ Other: ___________________________________________ Address: _________________________________________________________ ________________________________________________________________ Phone: __________________________________________________________ Owner of 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, and provide a completed Bidder’s Questionnaire for each member of the joint venture. Part 2: Bidder Experience 1. How many years has Bidder been in business under its present business name? ____ years 2. Has Bidder completed projects similar in type and size to this Project as a general contractor? _____ Yes _____ No 3. Has Bidder ever been disqualified 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 owner of the subject project, the type and size 2018 Pavement Maintenance Phase 2 BIDDER’S QUESTIONNAIRE Project No. 2019-102 Page 17 of the project, the reasons that Bidder was disqualified as not responsible, and the month and year in which the disqualification occurred. 4. Has Bidder ever been terminated from a construction project, either as a general con tractor 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 owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred. 5. 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 f ine 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 of paper 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 sh eet 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 Six most recently completed public works projects within the last three years; 9.2 Three largest completed projects within the last three years; and 9.3 Any project which is similar to this Project including magnitude and character of the Work. 2018 Pavement Maintenance Phase 2 BIDDER’S QUESTIONNAIRE Project No. 2019-102 Page 18 10. Use separate sheets of paper to provide all of the following information for each project identified in response to the above three categories, under section 10: 10.1 Project name 10.2 Location 10.3 Owner 10.4 Owner contact (name and current phone number) 10.5 Architect or engineer name 10.6 Architect or engineer contact (name and current phone number) 10.7 Project manager (name and current phone number) 10.8 Description of project and scope of work performed by bidder, more particularly be specific as to what applies a similar character of work to this project 10.9 Initial contract value (at time of bid award) 10.10 Final cost of construction (including change orders) 10.11 Original scheduled completion date 10.12 Time extensions granted (number of days) 10.13 Actual date of completion 10.14 Number and amount of stop notices or mechanic’s liens filed 10.15 Amount of liquidated damages assessed against Bidder 10.16 Nature and resolution of any claim, lawsuit, and/or arbitration between Bidder and the owner. Part 3: Bonds and Insurance 1. Bidder’s current bonding capacity is: $__________. 2. Provide the following information regarding Bidder’s bond surety and 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, address and phone: ____________________________________________________________ ____________________________________________________________ Percentage rate paid for payment, performance and warranty bonds: ___% 2018 Pavement Maintenance Phase 2 BIDDER’S QUESTIONNAIRE Project No. 2019-102 Page 19 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 2018 Pavement Maintenance Phase 2 BIDDER’S QUESTIONNAIRE Project No. 2019-102 Page 20 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 provide d 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 th e foregoing is true and correct. Signature: ______________________________ Date: ________________ By: _______________________________________________________________ Name and Title END OF BIDDER’S QUESTIONNAIRE 2018 Pavement Maintenance Phase 2 CONTRACT Project No 2019-102 Page 21 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 2018 Pavement Maintenance Phase 2 Project (“Project”). The parties agree as follows: 1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal and accompanying Bid Schedule, a copy of which is attached for convenience as Exhibit A, to perform the Work to construct the Project. On _____________, 20___, City authorized award of this Contract to Contractor for the amount set forth in Section 4 below. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the following: 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment Bond, Performance Bond and, if required, a Warranty 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 Standard Details; and 2.14 The following: General Requirements, Estimated Quantities, Work Hour Restrictions 3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $___________________ (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5. Time for Completion. Contractor will fully complete the Work for the Project within 45 Working days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion. 6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $ 1000 per day for each day of 2018 Pavement Maintenance Phase 2 CONTRACT Project No 2019-102 Page 22 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. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code section 1725.5, subject to limited legal exceptions. 8. Workers’ Compensation Certification. Under Labor 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 of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as 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 violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 2018 Pavement Maintenance Phase 2 CONTRACT Project No 2019-102 Page 23 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 must be given as follows: City: Name: City of Cupertino Address: 10300 Torre Avenue City/State/Zip: Cupertino, CA 95014 Phone: (408) 777-3354 Attn: Director of Public Works Email: <____________________________________> Copy to: <__________________________________> Contractor: Name:_____________________________________ Address:___________________________________ City/State/Zip:_______________________________ Phone:_____________________________________ Attn:_______________________________________ Email:______________________________________ Copy to:____________________________________ 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract except as expressly provided in the General Conditions or Special Conditions. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Santa Clara County, and no other place. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents, 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. 12.7 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally 2018 Pavement Maintenance Phase 2 CONTRACT Project No 2019-102 Page 24 binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. [Signatures are on the following page.] 2018 Pavement Maintenance Phase 2 CONTRACT Project No 2019-102 Page 25 The parties agree to this Contract as witnessed by the signatures below: CONTRACTOR ______________________________ CITY OF CUPERTINO <insert full name of Contractor above> A Municipal Corporation By By ___________________________ Name_______________________ Timm Borden Title Director of Public Works Date _______________________ Date________________________ By Name_______________________ Title Date _______________________ APPROVED AS TO FORM: By ____________________________ Name__________________________ City Attorney Date___________________________ ATTEST: _____________________________ Grace Schmidt City Clerk Date____________________________ Contract Amount: _________________ P.O. No. ________________________ Account No. _____________________ END OF CONTRACT 2018 Pavement Maintenance Phase 2 PAYMENT BOND Project No. 2019-102 Page 26 Payment Bond The City of Cupertino (“City”) and ________________________ (“Contractor”) have entered into a contract, dated _________________, 20___ (“Contract”) for work on the 2018 Pavement Maintenance Phase 2 Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”). 1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, under California Civil Code sections 9550, et seq. 2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code section 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors, under California Unemployment Insurance Code section 13020, with respect to the work and labor, then Surety will pay the obligation. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: _____________________________________________________ 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. 2018 Pavement Maintenance Phase 2 PAYMENT BOND Project No. 2019-102 Page 27 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’s Power of Attorney must be attached.) CONTRACTOR: ____________________________________________________________ Business Name s/ _______________________________________________ _________________________________________________ Name/Title s/ _______________________________________________ _________________________________________________ Name/Title END OF PAYMENT BOND 2018 Pavement Maintenance Phase 2 PERFORMANCE BOND 2019-102 Page 28 Performance Bond The City of Cupertino (“City”) and __________________________ (“Contractor”) have entered into a contract, dated _________________, 20____ (“Contract”) for work on the 2018 Pavement Maintenance Phase 2 Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”). 1. General. Under this Bond, Contractor as Principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________. By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond. 2. Surety’s Obligations. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, and Contractor has timely provided a warranty bond as required under the Contract. Surety’s obligations under this Bond will become null and void upon City’s acceptance of the Project, excluding any exceptions to acceptance, if any. Otherwise Surety’s obligation will remain in full force and effect until expiration of the one year warranty period under the Contract. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract Balance available to Surety for completion of the W ork under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or back charges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City that Contractor is in default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense ; or 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining W ork completed. 6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs. 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: 2018 Pavement Maintenance Phase 2 PERFORMANCE BOND 2019-102 Page 29 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 Attorney must be attached.) CONTRACTOR: ___________________________________________________ Business Name s/ _______________________________________________________________ ________________________________________________________________ Name/Title s/ _______________________________________________________________ ________________________________________________________________ Name/Title END OF PERFORMANCE BOND 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 30 General Conditions Article 1 – Definitions Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day” or “working day.” Allowance means a specific amount that must be included in the Bid Proposal for a specified purpose. Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context. Change Order means a written document duly approved and executed by City, which changes the scope of Work, the Contract Price, or the Contract Time. City means the City of Cupertino, acting through its City Council, officers, employees, City Engineer, and any other authorized representatives. City Engineer means the City Engineer for City and his or her authorized delegee(s). Claim means a separate demand by Contractor for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; or a written demand by Contractor objecting to the amount of Final Payment. Contract means the signed agreement between City and Contractor. Contract Documents means, collectively, all of the documents listed as such in Section 2 of the Contract, including the Notice Inviting Bids; the Instructions to Bidders; addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Award and Notice to Proceed; the payment, performance and warranty bonds; the General Conditions; the Special Conditions; the Project Drawings and Specifications; any Change Orders; and any other documents expressly made part of the Contract Documents. Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, supplies or equipment following submission of the Bid Proposal. Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order. Contractor means the individual, partnership, corporation, or joint-venture that has signed the Contract with City to perform the Work. Day means a calendar day unless otherwise specified. Design Professional means the licensed individual(s) or firm(s) retained by City to provide architectural or engineering services for the Project. If no Design Professional has been retained for this Project, any reference to Design Professional is deemed to refer to the Engineer. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 31 DIR means the California Department of Industrial Relations. Drawings means the City-provided plans and graphical depictions of the Project requirements, and does not include Shop Drawings. Engineer means the City Engineer for the City of Cupertino and his or her authorized delegees. Extra Work means new or unforeseen work added to the Project, as determined by the Engineer in his or her sole discretion, including Work that was not part of or incidental to the scope of the Work when the Contractor’s bid was submitted; Work that is substantially different from the Work as described in the Contract Documents at bid time; or Work that results from a substantially differing and unforeseeable condition. Final Completion means Contractor has fully completed all of the Work required by the Contract Documents to the City’s satisfaction, including all punch list items, and any required commissioning or training, and has provided the City with all required submittals, including the warranty bond, instructions and manuals, product warranties and as-built drawings. Final Payment means payment to Contractor of the unpaid Contract Price, including release of undisputed retention, less amounts withheld pursuant to the Contract Documents, including liquidated damages, up to 125% of the amount of any unreleased stop notice, amounts su bject 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 City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all applicable codes, regulations, and permits. Install means to fix in place for materials, and to fix in 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 Information or 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. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 32 Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of Contractor, and subject to City acceptance, which are intended to provide details for fabrication, installation, and the like, of items required by or shown in the Drawings and Specifications. Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and not by the Contractor. Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into this Project by or on behalf 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 means Specifications. Work means all of the construction and services necessary for or incidental to completing the Project in conformance with the requirements of the Contract Documents. Work Day or Working 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 holida y. 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, November 11; 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 . 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 33 Article 2 - Roles and Responsibilities 2.1 City. (A) City Council. The City Council has final authority in all matters affecting the Project, except to the extent it has delegated authority to the Engineer. (B) Engineer. The Engineer, acting within the authority conferred by the City Council, is responsible for administration of the Project on behalf of City, including authority to provide directions to the Design Professional and to Contractor to ensure proper and timely completion of the Project. The Engineer’s decisions are final and conclusive within the scope of his or her authority, including interpretation of the Contract Documents. (C) Design Professional. The Design Professional is responsible for the overall design of the Project and, to the extent authorized by City, may act on City’s behalf to ensure performance of the Work in compliance with the Contract Documents. The Design Professional’s interpretation of the Drawings or Specifications is final and conclusive. 2.2 Contractor. (A) General. Contractor must provide all 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 efficient manner in the best interests of City, and with minimal inconvenience to the public. (B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichever is later, Contractor bears all risks of injury or damage to the Work and the materials and equipment delivered to the Worksite, by any cause including fire, earthquake, wind, weather, vandalism or theft. (C) Project Administration. Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents. Before starting the Work, Contractor must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative. (D) On-Site Superintendent. Contractor must, at all times during performance of the Work, provide a qualified and competent full-time superintendent acceptable to City, and assistants as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. City’s approval of the superintendent is required before the Work commences. If City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at Contractor’s sole expense 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 34 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, skillful manner following best practices and in full compliance with the Contract Documents and all applicable laws, regulations, codes, standards, and permits, including Cit y’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, and will also be required to attend regular progress meetings, as further specified below. City will notify Contractor in advance of the date, time, place and required attendees for the Preconstruction Conference and progress meetings and will provide and administer the agenda. Contractor is responsible for notifying its major Subcontractors and suppliers, and other required attendees, as applicable, of the date, time and place for the Preconstruction Conference and progress meetings; for providing them with the City’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 deems necessary to address before the Work begins. (2) Progress Meetings. During the course of the Project, progress meetings will be conducted on a weekly basis by the City and at Contractor’s on-site office, unless otherwise specified. Progress meeting agenda items may include review of past meeting minutes, review of Work in progress since previous progress meeting, schedule status and updates, status of submittals or change orders, worker safety, and other such matters pertaining to the progress of the Work. (G) Responsible Party. Contractor is solely responsible to City for the acts or omissions of any Subcontractors, or any other party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of Contractor or the Subcontractors. Upon City’s written request, Contractor must promptly and permanently remove from the Project, at no cost to City, any employee or Subcontractor or employee of a Subcontractor who the Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents. (H) Correction of Defects. Contractor must promptly correct, at Contractor’s sole expense, any Work that is determined by City to be deficient or defective in any way, including workmanship, materials, parts or equipment. Workmanship, materials or equipment that do not conform to the requirements under the Drawings, Specifications and every other Contract Document, as determined by City, will be considered defective and subject to rejection. Contractor must also promptly correct, at Contractor’s sole expense, any Work performed beyond the lines and grades shown on the Plans or established by City, and any Extra Work performed without City’s prior written approval. However, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Contractor. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 35 (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 whet her the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra W ork. 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, City is entitled to inspect or audit any of Contractor’s Project records relating to the Project or to investigate Contractor’s plant or equipment during Contractor’s normal business hours. (J) Copies of Contract Documents. Contractor and its Subcontractors must keep copies, at the Project site, of the Work-related documents, including the Contract, permit(s), Drawings, Specifications, Addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, and any related written interpretations. The Contract Documents, as-built drawings, and all Worksite copies must be available to City for reference at all times. 2.3 Subcontractors. (A) General. All Work which is not performed by Contractor with its own forces must be performed by Subcontractors. City reserves the right to approve or reject any and all Subcontractors proposed to perform the Work, for reasons including the subcontractor’s poor reputation, lack of relevant experience, financial instability, and lack of technical ability or adequate trained workforce (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 and City, but City is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor. (C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to City, subject to the prior rights of any surety, but only if City accepts 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 City incurs in responding to the request, including legal fees and costs to conduct a hearing. 2.4 Coordination of Work. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 36 (A) Concurrent Work. City reserves 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 must hold harmless and indemnify City against any and all claims arising from or related to Contractor’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or subcontractor. (B) 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 known defects will be deemed acknowledgement by Contractor that the work of others is not defective and will not prevent the proper execution of the Work. 2.5 Submittals. Unless otherwise specified, Contractor must submit to the Engineer for review and acceptance of all schedules, Shop Drawings, samples, product data and similar submittals required by the Contract Documents, or upon request by the Engineer. Unless otherwise specified, all submittals, including Requests for Information, are subject to the general provisions of this Section, as well as specific submittal requirements that may be included in the Special Conditions or elsewhere in the Contract Documents. Unless otherwise specified, all submittals should be transmitted electronically using standard commercial software programs. (A) General. Contractor is responsible for ensuring that its submittals are complete, legible, accurate and conform to the Contract Documents. Incomplete 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 with the 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 corrections as specified in full conformance with the requirements of this Section, or other requirements that apply to that submittal. If a submittal remains non-compliant after being re-submitted for a second time, City may back-charge Contractor for all further review time and additional administrative costs. For City employees the hourly amount charged will be 2.5 times the employee’s direct hourly payroll cost to the City. For 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 City will not relieve Contractor from complying with the requirements of the Contract 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 37 Documents. Contractor is responsible for any errors in any submittal, and review or acceptance of a submittal by City is not an assumption of risk or liability by City. (F) Enforcement. Any Work performed or any material furnished, installed, fabricated or used without City’s prior acceptance of a required submittal is performed or provided at Contractor’s risk, and Contractor may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of the Work or material, and the cost of additional time or services required of City, including costs for the Design Professional, Project Manager, or Inspector. (G) Excessive RFIs. A Request for Information (RFI) will be considered excessive or unnecessary if City determines that the explanation or response to the RFI is clearly and unambiguously discernable from the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to Contractor, on the same basis as excessive submittal review, under subsection (D) (Required Corrections). 2.6 Shop Drawings. When Shop Drawings are required by the Specifications or requested by the Engineer, they must be prepared according to best practices at Contractor’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary details. Unless otherwise specified by City, Shop Drawings must be provided to the Engineer for review and acceptance at least 30 days before the Work will be performed. If City requires changes, the corrected Shop Drawings must be resubmitted to the Engineer for review within the time specified by the Engineer. For all Project components requiring Shop Drawings, Contractor will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. Contractor is responsible for any errors or omissions in the Shop Drawings, shop fits and field corrections, any deviations from the Contract Documents, and for the results obtained by the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve Contractor of Contractor’s responsibility. Article 3 - Contract Documents 3.1 Interpretation 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 Con tract 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 Notify and Seek Direction. If Contractor becomes aware of a changed condition in the Project, or of any ambiguity, conflict, inconsistency, discrepancy, 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 38 omission, or error in the Contract Documents, including under the Drawings or Specifications, Contractor must immediately submit a Request for Information to the Engineer and wait for a response from City before proceeding further with the related Work. The RFI must notify City of the issue and request clarification, interpretation or direction. The Engineer’s clarification, interpretation or direction will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining City’s response, Contractor will be responsible for any resulting costs, including the cost of correcting any incorrect or defective Work that results. City will not extend the Contract Time due to Contractor’s failure to submit a timely RFI to the Engineer. (C) Figures and Dimensions. Figures control over scaled dimensions. (D) Technical or Trade Terms. Any terms that have well-known technical or trade meanings will be interpreted in accordance with those 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 backgr ound information in City’s possession that is necessary for Contractor to form its own conclusions. 3.2 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. Unless otherwise specified in the Special Conditions, in case of any conflict or inconsistency among the Contract Documents, the following order of precedence will apply, beginning from highest to lowest: (A) Change Orders; (B) Addenda; (C) Contract; (D) Notice to Proceed; (E) Notice of Award; (F) Special Conditions; (G) General Conditions; (H) Payment, Performance and Warranty Bonds; (I) Specifications; (J) Drawings; (K) Contractor’s Bid Proposal and attachments; (L) Notice Inviting Bids; (M) Instructions to Bidders; (N) The City of Cupertino’s Standard Details; and (O) Any documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Caltrans Special Provisions. 3.3 Caltrans Standard Specifications. Any reference to or incorporation of the Standard Specifications of the State of California, Department of Transportation (“Caltrans”), including “Standard Specifications,” “Caltrans Specifications,” “State Specifications,” or “CSS,” means the most current edition of Caltrans’ Standard Specifications , unless otherwise specified (“Caltrans Standard Specifications”), including the most current 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 39 amendments as of the date that Contractor’s bid was submitted for this Project. The following provisions apply to use of or reference to the Caltrans Standard Specifications or Special Provisions: (A) Limitations. The “General Provisions” of the Caltrans Standard Specifications, i.e., sections 1 through 9, do not apply to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents. (B) Conflicts or Inconsistencies. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications or Special Provisions and a provision of these Contract Documents, as determined by City, the provision in the Contract Documents will govern. (C) Meanings. Terms used in the Caltrans Standard Specifications or Special Provisions are to be interpreted as follows: (1) Any reference to the “Engineer” is deemed to mean the City Engineer. (2) Any reference to the “Special Provisions” is deemed to mean the Special Conditions, unless the Caltrans Special Provisions are expressly included in the Contract Documents listed in Section 2 of the Contract. (3) Any reference to the “Department” or “State” is deemed to mean City. 3.4 For Reference Only. Contractor is responsible for the careful review of any document, study, or report provided by City or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. Contractor is advised that City or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. Any record drawings or similar final or accepted drawings or maps that are not part of the Contract Documents are deemed to be For Reference Only. The provisions of the Contract Documents are not modified by any perceived or actual conflict with provisions in any document that is provided For Reference Only. 3.5 Current Versions. Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code or regulation in effect at the time the Contract is signed. 3.6 Conformed Copies. If City prepares a conformed set of the Contract Documents following award of the Contract, it will provide Contractor with a copy of the electronic file in PDF format. It is Contractor’s responsibility to ensure that all Subcontractors, including fabricators, are provided with the conformed set of the Contract Documents at Contractor’s sole expense. Article 4 - Bonds, Indemnity, and Insurance 4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of Award, Contractor is required to provide a payment bond and a performance bond, each in the penal sum of not less than 100% of the Contract Price, using the bond forms included with the Contract Documents. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 40 (A) Surety. Each bond must be issued by a surety admitted in California, and the surety must have a financial rating from A.M. Best Company of A-, class 7 or better, or as otherwise acceptable to the City. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, Contractor must substitute a surety acceptable to City. If Contractor fails to substitute an acceptable surety within the specified time, City may, at its sole discretion, withhold payment from Contractor until the surety is replaced to City’s satisfaction, or terminate the Contract for default. (B) Supplemental Bonds for Increase in Contract Price. If the Contract Price increases during construction by five percent or more over the original Contract Price, Contractor must provide supplemental or replacement bonds within ten days of written notice from City pursuant to this Section, covering 100% of the increased Contract Price and using the bond forms included with the Contract Documents. 4.2 Indemnity. To the fullest extent permitted by law, Contractor must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in bidding or performing the Work or in failing to comply with any obligation of Contractor under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract. Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code section 9201. Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract. 4.3 Insurance. Contractor shall procure and maintain for the duration of the contract, and for five years following the completion 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, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be $4,000,000 which is twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 41 and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non - contributory," will not seek contribution from City’s insurance/self -insurance, and shall be at least as broad as ISO CG 20 01 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $2,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. ☐ 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 $2,000,000 aggregate. ☒ N/A if box checked (Contract is not design/build). 5. Builder’s Risk. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. ☒ 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 policy aggregate. ☒ 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 appro ved 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 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 42 shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project, Contractor’s insurance coverage shall be “primary and non-contributory” and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a “primary and non-contributory” basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder’s Risk Contractor may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. Policy limits must be per occurrence and for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect in its sole discretion to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site. Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 43 Acceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best’s financial strength rating of “A-” or better and a financial size rating of “VII” or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Claims Made Policies If any coverage required is written on a claims-made coverage form: 1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. 4. A copy of the claims reporting requirements must be submitted to the Entity for review. 5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. Article 5 - Contract Time 5.1 Time is of the Essence. Time is of the essence in Contractor’s performance and completion of the Work, and Contractor must diligently prosecute the Work and complete it within the Contract Time. (A) Notice to Proceed. Contractor must commence the Work on the date indicated in the Notice to Proceed, and must fully complete the Work in strict compliance with all requirements of the Contract Documents and within the Contract Time. The Notice to Proceed will not be issued until Contractor has executed and returned the Contract, the required bonds, insurance certificates and endorsements and any other submittals required prior to issuance of the Notice to Proceed, subject to City’s approval of all such documents. Contractor may not begin performing Work on the Project Site before the date authorized in the Notice to Proceed. After receiving the Notice to Proceed, Contractor must notify the City in writing of the date Contractor intends to begin Work on the Project, at least 24 hours in advance of beginning the Work. Contractor is not entitled to compensation or credit for any Work performed before the date specified in the Notice to Proceed, with the exception of any schedules, submittals, or other requirements that must be provided or performed before issuance of the Notice to Proceed. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 44 (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 City determines that Contractor is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole discretion, direct Contractor to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to City, in order to achieve a rate of progress satisfactory to City. If Contractor fails to comply with City’s directive in this regard, City may, at Contractor’s expense, separately contract for additional workers, materials, or equipment or use City’s own forces to achieve the necessary rate of progress. Alternatively, City may terminate the Contract based on Contractor’s default. 5.2 Schedule Requirements. Contractor must prepare all schedules using standard scheduling software acceptable to the Engineer, and must provide the schedules in electronic and paper form as requested by the Engineer. In addition to the general scheduling requirements set forth below, Contractor must also comply with any scheduling requirements included in the Special Conditions or in the Technical Specifications. (A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s issuance of the Notice to Proceed (or as otherwise specified in the Special Conditions), Contractor must submit to City for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how Contractor plans to perform and fully complete the Work within the Contract Time, including labor, equipment, materials and fabricated items. The baseline schedule must show the order of the major items of W ork and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed, Contractor must order any specialized material or equipment for the Work that is not readily available from material suppliers. Contractor must also retain documentation of the purchase orders date(s). (B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. Contractor is solely responsible for resolving any exceptions noted in a schedule and must, within seven days, correct the schedule to address them. (C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, Contractor must submit an updated progress schedule and three-week look- ahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts to the critical path. Contractor must also submit periodic reports to City of any changes in the projected material or equipment delivery dates for the Project. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 45 (1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and may be allocated by the Engineer to best serve timely completion of the Project. (2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and cost-effective administration of the Project and timely completion. If Contractor fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has noted exceptions that are not corrected, City may withhold up to ten percent from payment(s) otherwise due to Contractor until the exceptions are resolved, the schedule is corrected and resubmitted, and City has accepted the schedule. In addition, Contractor’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a 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 City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, Contractor must submit a recovery schedule, showing how Contractor intends to perform and complete the Work within the Contract Time, based on actual progress to date. (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 current City- accepted progress or recovery schedule posted prominently in its on-site office. (G) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or dec rease Contractor’s time or cost to perform the Work. (H) Authorized Working Days and Times. Contractor is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge Contractor for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services. 5.3 Delay and Extensions of Contract Time. (A) Notice of Delay. If Contractor becomes aware of any actual or potential delay affecting the critical path, Contractor must promptly notify the Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay. (B) Excusable Delay. The Contract Time may be extended if Contractor encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 46 Contract Time due to causes completely beyond Contractor’s control, and which Contractor could not have avoided or mitigated through reasonable care, planning, foresight, and diligence. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13. (C) Non-Excusable Delay. Delay which Contractor could have avoided 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 includes delay caused by: (1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly ra infall averages, for the preceding ten years; (2) Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for timely completion of the Work; (3) Contractor’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for the timely perform ance and completion of the Work; (4) foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the Worksite or review of the Contract Documents or other information provided or available to Contractor; or (5) Contractor’s financial inability to perform the Work, including insufficient 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 location from the Western Regional Climate Center, Contractor’s schedule should assume the following number of normal Weather Delay Days and precipitation for each month: Month # Normal Weather Precipitation Delay Days 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 47 January 6 2.86 February 6 2.66 March 6 2.29 April 3 1.20 May 1 0.44 June 0 0.10 July 0 0.02 August 0 0.07 September 1 0.19 October 2 0.76 November 4 1.51 December 5 2.43 Total 34 14.53 (2) Contractor 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 schedule accepted by City. Recoverable Costs will not include home office overhead or lost profit. (H) Request for Extension of Contract Time or Recoverable Costs. A request for an extension of Contract Time or any associated Recoverable Costs must be submitted in writing to City within ten calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or any entitlement to the Contract Time extension or to the Recoverable Costs will be deemed waived. In addition to complying with the requirements of this Article 5, the reques t must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate cost- efficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived. (1) Required Contents. The request must include a detailed description of the cause(s) of the delay, and must also describe the measures that Contractor has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 48 sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include Contractor’s plan for continued mitigation of the delay or its effects. (2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed, or provide a realistic estimate if the duration of the delay is not yet known. If Contractor believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed, or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supp orting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay. Contractor is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable d elay 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 C ontract 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 of Contract Time or compensation for Recoverable Costs, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. Contractor’s sole recourse for an unresolved dispute based on City’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the Dispute Resolution provisions set forth in Article 12 below. 5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code section 7203, if Contractor fails to achieve Final Completion within the Contract Time, City will charge Contractor in the amount specified in the Contract for each day that Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 49 (A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable or Compensable Delay, as set forth above. (B) Milestones. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents. (C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to Contractor, including unreleased retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, City is entitled to recover the balance from Contractor or its performance bond surety. (D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of the Project and will not operate as a waiver of City’s right to assess liquidated damages for Contractor’s Non-Excusable Delay in achieving Final Completion. (E) Other Remedies. City’s right to liquidated damages under this Section applies only to damages arising from Contractor’s Non-Excusable Delay or failure to complete the Work within the Contract Time. City retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, or for defective materials or workmanship. Article 6 - Contract Modification 6.1 Contract Modification and Changes in Work. Modifications to the Contract are valid and legally binding only if duly authorized by a written and signed Change Order. City may also make changes in the Work without invalidating the Contract. City may direct changes in the Work, which may include Extra Work as set forth in subsection (B) below, deletion or modification of portions of the Work , or other modifications determined by City, acting in its sole discretion, to be in City’s best interest. Pursuant to section 3.23.170 of the Cupertino Municipal Code, City reserves the right to delete up to 25% of the Work. Any change in the Work, whether directed by City or pursuant to Contractor’s request for a Change Order under Section 6.2 below, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, which may include commensurate changes in the Contract Price or Contract Time as app licable. Contractor must promptly comply with City-directed changes in the Work in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement as to adjustments to the Contract Price or Contract Time for the change in the Work or for the Extra Work. Contractor is not entitled to extra compensation pursuant to Public Contract Code section 7101 based on cost reduction changes or “value engineering,” unless otherwise specified in the Special Conditions, or unles s 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 W ork 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 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 50 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 any Extra Work as directed or authorized by City in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra W ork. Contractor must maintain detailed daily records that itemize the cost of each element of Extra Work , and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that Contractor performs Extra Work, or Work that Contractor contends is Extra Work, Contractor must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The Engineer will make any adjustments to Contractor’s Extra Work Report(s) based on the Engineer’s records of the W ork. When an Extra Work Report(s) is agreed on and signed by both City and Contractor, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day. (C) Remedy for Non-Compliance. Contractor’s failure to promptly comply with a City-directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct the cost from the Contract Price. 6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for a change in the Work, compensation for Extra Work, or a change in the Contract Price or Contract Time as a written Change Order request or proposal. (A) Time for Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Engineer within ten calendar days of the date that Contractor first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If City requests that Contractor propose the terms of a Change Order, unless otherwise specified in City’s request, Contractor must provide the Engineer with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving City’s request, in a form satisfactory to the Engineer. (B) Required Contents. Any Change Order request or proposal submitted by Contractor must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amounts and if applicable, Extra Work Reports. Any estimated cost must be updated in writing as soon as the actual amount is known. (C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions. (D) Required Form. Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 51 (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 com prehensive and complete as to the Work or changes referenced herein, and agrees that any costs, expenses, or time extension request not included herein is deemed 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.” 6.3 Adjustments to Contract Price. The amount of any increase or decrease in the Contract Price will be determined based on one of the following methods, but in the order provided with unit pricing taking precedence over the other methods: (A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or schedule of values, will apply if unit pricing has previously been provided in Contractor’s accepted bid schedule or schedule of values for the affected Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation. (B) Lump Sum. A mutually agreed upon lump sum for the affected Work with no additional markup for overhead, profit, or other indirect costs. (C) Time and Materials. On a time and materials basis, 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, plus 15% 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. 6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that Contractor has requested, the value of deleted or changed Work, what constitutes Extra Work, or quantities used, City may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time for the amount of compensation or added time that the City believes is merited. Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below. 6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to full y comply with the provisions of this Article. Contractor will not be paid for unauthorized Extra W ork. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 52 Article 7 - General Construction Provisions 7.1 Permits 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 City with copies of all notices, permits, licenses, and renewals required for the Work. (B) Federal Excise Tax. Contractor must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax. 7.2 Temporary Facilities. Contractor must provide, at Contractor’s sole expense, any and all temporary facilities for the Project, including an onsite staging area for material and equipment, a field office, sanitary facilities, utilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any incidental utility services. The location of all temporary facilities must be approved by the City prior to installation. (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, and its operation must minimize inconvenience to neighboring properties and be approved by the City. (C) Utilities. Contractor must install and maintain the light, power, water and all other utilities required for the Project site, including the piping, wiring, lamps and related equipment necessary to perform the Work. (D) Removal and Repair. Contractor must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. Contractor must promptly repair any damage to City’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. 7.3 Noninterference 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 them to remove vehicles. Private driveways, residences and parking lots must have access to a roadway during 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. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 53 (B) Offsite Staging Area and Field Office. If additional space beyond the Project site is needed, such as for the staging area or the field office, Contractor may need to make arrangements with the nearby property owner(s) to secure the space. Before using or occupying any property owned by a third party, Contractor must provide City with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding City harmless from any related liability, in a form acceptable to the City Attorney. 7.4 Signs. 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. 7.5 Worksite and Nearby Property Protections. (A) General. Contractor is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work, the Project site, and the materials and equipment to be incorporated into the Work, until the notice of completion has been recorded. Except as specifically authorized by City, Contractor must confine its operations to the area of the Project site indicated in the Drawings. Contractor is liable for any damage caused by Contractor or its Subcontractors to the Work, City’s property, the property of adjacent or nearby property owners, and the work or personal property of other contractors working for City. In addition, Contractor is responsible for damage caused by its failure to adequately secure the Work or any Worksite. (1) Subject to City’s approval, Contractor will provide and install safeguards to protect the Work, the Project site, City’s real or personal property, and the real or personal property of adjacent or nearby property owners. (2) Cupertino Sanitary District and the City of Sunnyvale own and operate wastewater systems within Cupertino and they may not be interrupted. If the Work disrupts existing sewer facilities, Contractor must immediately notify City to determine who owns the system and establish a plan, subject to the systems owner’s approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill. (3) Contractor must remove with due care, and store at City’s request, any objects or material from the Project site that City will salvage or reuse at another location. (4) If directed by Engineer, Contractor must promptly repair or replace any property damage, as specified by the Engineer. However, acting in its sole 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) Securing Project Site. After completion of Work each day, Contractor must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless City approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. Contractor and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documents or pursuant to prior written authorization from City. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 54 (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 immediately notify the City and promptly submit a Request for Information to the Engineer. Contractor must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the Engineer. The Engineer’s written response will be final and binding on Contractor. If the Engineer’s subsequent direction to Contractor affects Contractor’s cost or time to perform the Work, Contractor may submit a Change Order request as set forth in Article 6 above. (D) Support; Adjacent Properties. Contractor must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to City’s property and adjacent properties and improvements thereon. Contractor must provide notifications to adjacent property owners as may be required by law. 7.6 Materials and Equipment. (A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. Contractor must employ measures to preserve the specified quality and fitness of the materials and equipm ent. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation, and must be installed in accordance with the manufacturer’s recommendations or instructions. Contractor is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work, Contractor is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at Contractor’s sole cost until City has formally accepted the Project as set forth in Section 11.1 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 City of any defects discovered in City-provided materials or equipment. Contractor is solely responsible for any loss of or damage to such items which occurs while the items are in Contractor’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to Contractor. (C) Existing City Equipment. Contractor will carefully remove all existing equipment from the 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 Cit y. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 55 (D) Intellectual Property Rights. Contractor must, at its sole expense, obtain any authorization or license required for use of patented or copyright protected materials, equipment, devices or processes that are incorporated into the Work. Contractor’s indemnity obligations in Article 4 apply to any claimed violation of intellectual property rights in violation of this provision. (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 of Compliance 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 or in a Change Order for Contractor to make use of or incorporate specified Site Materials in the Work. 7.7 Substitutions. (A) “Or Equal.” Any Specification designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate the quality and type of item or service desired, and Contractor may request use of any equal item or service. (B) Request for Substitution. A request for substitution of an item or service must be submitted in writing to the Engineer for approval in advance, within the applicable time period provided in the Contract Documents. If no time period is specified, 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 item or service must be submitted with the written request for substitution. Contractor’s failure to timely provide all necessary substantiation, including any required test results as soon as they are available, is grounds for rejection of the proposed substitution, without further review. (D) Burden of Proving Equality. Contractor has the burden of proving the equality of the proposed substitution at Contractor’s sole cost, including testing using methods acceptable to City. City has sole discretion to determine whether a proposed substitution is equal, and City’s determination is final. (E) Approval or Rejection. If the proposed substitution is approved, Contractor is solely responsible for any additional costs or time associated with the substituted item or 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 56 service. If the proposed substitution is rejected, Contractor must, without delay, install the item or use the service as specified by City. (F) Contractor’s Obligations. City’s approval of a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements. 7.8 Inspection and Testing. (A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by City at all times and locations during construction and/or fabrication and at any W orksite, including at shops and yards as 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 Inspector at least ten days prior to the first such application or installation. Contractor must, at all times, make the Work available for inspection. (B) Scheduling and Notification. Contractor must cooperate with City in coordinating the inspections and testing. Contractor must submit samples of materials, and schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Contractor must notify the Engineer in writing no later than two Working Days before any inspection or testing is being requested, and must provide timely notice to the other necessary parties as specified in the Contract Documents. If Contractor schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized City holiday, Contractor must seek, in writing, Engineer’s approval at least two Working Days in advance. If approved, Contractor must reimburse City for the cost of the overtime inspection or testing. Such costs, including the City’s hourly costs for required personnel and Inspector, may be deducted from payments otherwise due to Contractor. (C) Responsibility for Costs. City will bear the initial cost of inspection and testing to be performed by independent inspections and/or testing consultants retained by City, subject to the following exceptions: (1) Contractor will be responsible for the costs of any subsequent inspections and/or tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs. (2) Contractor will be responsible for inspection and testing costs, at the rate charged by the consultant retained by the City to provide inspection and testing services, and for inspection and testing time lost because the Work is not ready or Contractor fails to appear for a scheduled inspection. (3) If any portion of the Work that is subject to inspection or testing is covered or concealed by Contractor prior to the inspection or testing, Contractor will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs. (4) Contractor is responsible for properly shoring all compaction test sites deeper than five feet below grade, as required under Section 7.15 below. (5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 57 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 rejection by City. (E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, Contractor is solely responsible for the additional travel costs required for testing and/or inspection at such locations. (F) 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 testing of 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. 7.9 Worksite Conditions and Maintenance. Contractor must at all times, on a 24-hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean and neat condition and in compliance with all regulatory requirements for air quality and dust control. Contractor must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site. (A) 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. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 58 (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 must minimize and confine dust and debris resulting from the Work. Contractor must abate dust nuisance by cleaning, sweeping, and immediately sprinkling with water excavated areas of dirt or other materials prone to cause dust, and within one hour after the Engineer notifies Contractor that an airborne nuisance exists. The Engineer may direct that Contractor provide an approved water - spraying truck for this purpose. If the Engineer determines that the dust control is not adequate, City may have the work done by others and deduct the cost from the Contract Price. Contractor will immediately remove any excess excavated material from the Worksite and any dirt deposited on public streets. (D) Clean up. Before discontinuing Work in an area, Contractor must clean the area and remove all debris and waste along with the construction equipment, tools, machinery, 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 value or intended reuse by City, will be Contractor’s property. (2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on City streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. Contractor must immediately remove spillage from hauling on any publicly traveled way. Streets affected by Work on the Project must be kept clean by street sweeping. (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 onto streets, into manholes or into 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 comply with its maintenance and cleanup obligations or any City clean up order, City may, acting in its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 59 or Contract Price, or undertake appropriate cleanup measures without further notice and the cost will be deducted from any amounts due or to become due to Contractor. 7.10 Instructions and Manuals. Contractor must provide to City two bound copies and an electronic PDF copy of each of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for City to easily maintain and service the materials and equipment installed for this Project. (A) Submittal Requirements. All manufacturers’ application or installation instructions must be provided to City at least ten days prior to the first such application. The instructions and manuals, along with any required guarantees, must be delivered to City for review. (B) Training. Contractor or its Subcontractors must instruct City’s personnel in the operation and maintenance of any complex equipment as a condition precedent to Final Completion, if required in the Contract Documents. 7.11 As-built Drawings. Contractor and its Subcontractors must prepare and maintain at the Project site a detailed, complete and accurate as-built set of Drawings which will be used solely for the purpose of recording changes made in any portion of the original Drawings in order to create accurate record drawings at the end of the Project. (A) Duty to 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 utilities installed 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) Final Completion. Contractor must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as-built drawings to the Engineer for review and approval as a condition precedent to Final Completion and Final Payment. 7.12 Existing Utilities. As required by Government Code section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract Documents, Contractor must immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if those utilities are not identified in the Contract Documents. Contractor will be compensated 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 will not be assessed liquidated damages for delay in completion of the Work, to the extent the delay was caused by City’s failure to provide for removal or relocation of the utility facilities. 7.13 Notice of Excavation. Contractor must comply with all applicable operator requirements in Government Code sections 4216 through 4216.5. Government Code section 4216.2 requires that, except in an emergency, Contractor must contact the 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 60 appropriate regional notification center, or Underground Services Alert, at least two working days but not more than 14 calendar days before starting any excavation if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations, and, if practical, Contractor must delineate with white paint or other suitable markings the area to be excavated. Contractor may not begin excavation until it has obtained and submitted to Engineer an inquiry identification number from Underground Services Alert. 7.14 Trenching and Excavations of Four Feet 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 apply to the Work and the Project. (A) Duty to Notify. Contractor must promptly, and before the following conditions are disturbed, provide written notice to City if Contractor finds any of the following conditions: (1) Material that Contractor believes may be a hazardous waste, as defined in 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 Worksite differing from those indicated by information about the Worksite made available to bidders prior to the deadline for submitting bids; or (3) Unknown physical conditions at the Worksite of any unusual nature, materially different from those ordinarily encountered and generally recogn ized as inherent in work of the character required by the Contract Documents. (B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions materially differ or involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, City will issue a Change Order. (C) Disputes. In the event that a dispute arises between City and Contractor regarding any of the conditions specified in subsection (A) above, Contractor will not be excused from completing the Work within the Contract Time, but must proceed with all Work 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. 7.15 Trenching of Five Feet or More. As required by Labor Code section 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a California registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited. 7.16 New Utility Connections. Except as otherwise specified. City will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any. Contractor must notify City sufficiently in advance of the time needed to request 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 61 service from each utility provider so that connections and services are initiated in accordance with the Project schedule. 7.17 Lines and Grades. Contractor is required to use any benchmark provided by the Engineer. Unless otherwise specified in the Contract Documents, Contractor must provide all lines and grades required to execute the Work. Contractor must also provide, preserve, and replace if necessary, all construction stakes required for the Project. All stakes or marks must be set by a California licensed surveyor or a California registered civil engineer. Contractor must notify the Engineer of any discrepancies found between Contractor’s staking and grading and information provided by the Contract Documents. Upon completion, all Work must conform to the lines, elevations, and grades shown in the Plans. 7.18 Historic or Archeological Items. (A) Contractor’s Obligations. Contractor must ensure that all persons performing Work at the Project site are required to immediately notify the Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, a burial ground, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”). (B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopp ed 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 W ork on a time and materials basis under Article 6, Contract Modification. Any suspension of Work required due to discovery of Historic or Archeological Items will be treated as a suspension for convenience under Article 13. 7.19 Recycling and Waste Disposal. (A) Approved Recycling Facility. Contractor must dispose of all recyclable materials at a recycling facility approved by the Engineer. (B) Inert Solids and Plant Materials. Contractor must remove all asphalt concrete, Portland cement concrete, aggregate base material, inert solids and any plant material from the Project site and deposit at an approved recycling facility. Contractor must conform the above material to an acceptable size and composition for recycling. (C) Recyclable Materials. Contractor must recycle at least 65% of all materials at an approved recycling facility. (D) Waste Management Plan and Disposal Report. If the California Green Building Standards Code applies to the Project, Contractor must submit to the City a waste management plan prior to starting work. A disposal report is required upon completion of the Project, for materials that are hauled by Contractor or by the City’s franchised hauler. If a waste management plan is required it must be available throughout the duration of the Project for examination by the City. Electronic submittals are acceptable. The waste management plan must include the following: (1) Project title and number; (2) Identify the construction methods that will be employed to reduc e waste; (3) Type of material(s) to be recycled, salvaged or landfilled; 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 62 (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 material recycled, salvaged, or landfilled; (5) Weight of material recycled, salvaged, or landfilled; (6) Name and address of recycling facility or 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 by City, for why it was not met. (E) Collection of Waste and Debris. Collection of garbage, mixed non-organic recyclables, organic waste, and any construction or demolition materials in debris boxes, compactors, or bin-by-the-day services that are not City franchisees or otherwise agents of the City is prohibited. Notwithstanding the above, Contractor must dispose of debris from the Project in one of the following: (1) Franchised hauler bin; (2) 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 a vehicle 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 compostable waste recycling is prohibited. 7.20 Storm 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 the storm 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 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 63 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 Po rter 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 control dust 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 on or adjacent to the Worksite. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 64 g. Throughout the working day 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 sweeping or 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, and must 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 occ ur. (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 chemicals such 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. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 65 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 proper ly clean up and dispose of the waste and cleanup materials, using dry methods to the extent feasible. If the waste is hazardous, Contractor must handle 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 Division at 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, pervious area 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. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 66 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 SWPPP requirements contained in these General Conditions. b. Contractor must include appropriate provisions in its subcontracts to ensure that these SWPPP requirements are met. c. Contractor must post warning signs in areas treated with chemicals. d. Contractor must paint City-approved stencil or, preferably, apply steel medallions to, any new catch basins with the “No Dumping, Flows to Creek” stencil or medallion markers available from the City’s Public Works Environmental Division. (7) Activity-Specific Requirements. The following requirements apply if the Project includes the listed activities. a. Dewatering or Pumping Operations. (i) Contractor must not 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 sewer system after obtaining a permit from Cupertino Sanitary District or Sunnyvale Sanitary, depending on which has jurisdictional authority, or contained using a Baker tank or other means to collect the water for re-use or safe and legal disposal. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 67 Contractor may contact the City’s Environmental Division for more information on these control measures. (ii) Contractor must obtain approval of the Engineer for any control measure in advance. (iii) Contractor must reuse water for other needs, including but not limited to dust control or irrigation, to the maximum extent practicable. b. Paving Operations. (i) When rain is forecast within 24 hours or during wet weather, the Engineer may require that paving be delayed for more suitable conditions. (ii) The Engineer may direct Contractor to protect drainage courses by using control measures, including b ut not limited to, earth dike, straw bale, and sand bag, to divert runoff or trap and filter sediment. Contractor must refer to California Storm Water Best Management Practice Handbook for these control measures. (iii) Contractor must place drip pans or absorbent material under paving equipment when not in use. (iv) Contractor must securely cover catch basins and manholes when paving or applying seal coat, tack coat, slurry seal, or fog seal. (v) Contractor must remove, clean and reapply or replace catch basin covers as often as needed to ensure protection of the storm drain system from any material other than rain. (vi) Before Final Completion, Contractor must remove and dispose of all catch basin covers and material trapped by the covers. If Contractor fails to remove and dispose of the covers and materials trapped, City reserves the right to delay final inspection and/or deduct monies from payments due Contractor to compensate the City for its additional costs for removal and disposal of catch basin protection (BMPs). (vii) If the paving operation includes an on-site mixing plant, Contractor must comply with Santa Clara County General Industrial Activities Storm Water Permit requirements. (viii) Contractor must preheat, transfer or load hot bituminous material away from drainage systems or watercourses. (ix) Contractor will not sweep or wash down excess sand (placed as part of a sand seal or to absorb excess oil) into streets, gutters, storm drains, or creeks. Contractor must either collect the sand and return it to the stockpile, or dispose of it in a trash container. Contractor will not use water to wash down fresh asphalt concrete pavement. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 68 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 or vacuum 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 clean and 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 equipment into 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 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 69 water will flow onto dirt or into a temporary pit in a dirt area. Contractor must let the 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 draining water 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 and tools 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. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 70 (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 drainage systems 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. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 71 (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. 7.21 Traffic Control and Public Safety A. Fences and Barriers. Contractor must furnish, erect, and maintain fences, barriers, lights, and signs, and must provide flagging and guards as necessary to give adequate warning to the public of the construction and of any dangerous condition at Contractor’s sole cost and expense. City must approve all signs 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 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 72 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 Friday or as otherwise specified in the Special Conditions or Specifications. City may, at its sole discretion, approve lane closures during this time upon written request from Contractor. Contractor must maintain 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 for all required traffic control and public safety measures. 7.22 Noise Control. 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. 7.23 Fire 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 comply with the fire protection plan (G) Safe storage and transport of flammable materials; and (H) Equipment for ventilation and illumination. Article 8 - Payment 8.1 Schedule of Values. Prior to submitting its first application for payment, Contractor must prepare and submit to the Project Manager a schedule of values apportioned to the various divisions and phases of the Work, including mobilization and demobilization. If a Bid Schedule was submitted with Contractor’s bid, the amounts must be consistent with the Bid Schedule. Each line item contained in the schedule of values must be assigned a value such that the total of all items equals the Contract Price. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with Contractor’s bid. (A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing will be measured according to the methods stipulated in the Contract Documents. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 73 (B) Deleted or Reduced Work. Contractor will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that Contractor reasonably incurred before Contractor learned that the Work could be deleted or reduced. Contractor will only b e compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits. 8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit to the Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month. (A) Application for Payment. Each application for payment must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the W orksite, as well as authorized and approved Change Orders. Each pay application must be supported by Contractor’s Bid Schedule or schedule of values and any other substantiating data required by the Contract Documents. (B) Payment of Undisputed Amounts. City will pay the undisputed amount due within thirty (30) days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code section 20104.50. City will deduct a percentage from each progress payment as retention, as set forth in Section 8.5, below, and may withhold additional amounts as set forth in Section 8.3, below. 8.3 Adjustment of Payment Application. City may adjust or reject the amount requested, in a payment application, including application for Final Payment, in whole or in part, if the amount requested is disputed or unsubstantiated. Contractor will be notified in writing of the basis for the modifications to the amount requested. City may also deduct or withhold from payment otherwise due based upon any of the circumstances and amounts listed below. Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists. (A) For Contractor’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items , City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work; (B) For loss or damage caused by Contractor or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Worksite, City may deduct an amount based on the estimated cost to repair or replace; (C) For Contractor’s failure to pay its Subcontractors and suppliers when payment is due; City may withhold an amount equal to the total of past due payments. (D) For Contractor’s failure to timely correct rejected, nonconforming, or defective Work, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work ; (E) For any unreleased stop notice, City may withhold 125% of the amount claimed; (F) For Contractor’s failure to submit any required schedule or schedule update in the manner and within the time specified in the Contract Documents , City may withhold or deduct an amount equal to five percent of the total amount requested; 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 74 (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 require by 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. 8.4 Early Occupancy. Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work. 8.5 Retention. City will retain five percent of the 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 by Public Contract Code section 22300, Contractor may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City. Any escrow agreement entered into pursuant to this provision must fully 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 for stop notices, or otherwise withheld under Section 8.3 or Section 8.6, will be released as Final Payment to Contractor no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project b y City’s governing body or authorized designee pursuant to Section 11.1(E) below, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete under Public Contract Code section 7107(c). 8.6 Setoff. City is 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 unreleased retention. 8.7 Payment to Subcontractors and Suppliers. Each month, Contractor must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Worksite by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of the law, and those of the Contract Documents and applicable subcontract or supplier contract. (A) Withholding for Stop Notice. Pursuant to Civil Code section 9358, City will withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by City for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 75 (B) Joint Checks. City reserves the right to issue joint checks made payable to Contractor and its Subcontractors or suppliers. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved 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 City and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement. 8.8 Final Payment. Contractor’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section 8.2, above. Corrections to previous progress 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 City acts to release undisputed retention as final payment to Contractor, or otherwise provides written notice to Contractor of Final Payment. If the amount due from Contractor to City exceeds the amount of Final Payment, City retains the right to recover the balance from Contractor or its sureties. 8.9 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment (excepting undisputed retention subject to release under Public Contract Code section 7107) be contingent upon Contractor furnishing City with a written waiver and release of all claims against City arising from or related to the portion of Work covered by those undisputed amounts subject to the limits of Public Contract Code section 7100. The waiver and release of claims must be submitted using the City’s Release of Claims form. Any disputed amounts may be specifically excluded from the release. 8.10 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work or delivered to a Worksite, and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon any payment to Contractor pursuant to this Article 8. Article 9 - Labor Provisions 9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. Contractor and its Subcontractors are required to comply with all applicable 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. 9.2 Labor Code Requirements. (A) Eight Hour Day. Under Labor Code section 1810, eight hours of labor constitute a legal day’s work under this Contract. (B) Penalty. Under Labor Code section 1813, Contractor will forfeit to City as a penalty, the sum of $25.00 for each day during which a worker employed by Contractor or any Subcontractor is required or permitted to work more than eight hours in any one calendar day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code section 1815. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 76 (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. 9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code section 1720 or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in 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. Under Labor Code section 1775, Contractor and any Subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion a day, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker. (B) Federal Requirements. 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. 9.4 Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. (A) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) Contractor or the Subcontractor has complied with the requirements of Labor Code 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 will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 77 request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from progress payments then due. 9.5 Labor Compliance. Under Labor Code section 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR. Article 10 - Safety Provisions 10.1 Safety Precautions and Programs. Contractor and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. Contractor and its Subcontractors must at all times comply with all applicable safety laws, rules and regulations and seek to avoid injury, loss, or damage to persons or 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 provide a written report to City of 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 City with copies of all notices required by law or regulation. (C) Contractor’s Obligations. Any damage or loss caused by Contractor arising from the Work which is not insured under property insurance must be promptly remedied by Contractor. (D) Remedies. If City determines, in its sole discretion, that any part of the Work or Worksite is unsafe, City may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If Contractor fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Tim e based on Contractor’s compliance with City’s request for corrective measures pursuant to this provision. 10.2 Hazardous Materials. Unless otherwise specified in the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the 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. 10.3 Material Safety. Contractor is solely responsible for complying with section 5194 of Title 8 of the California Code of Regulations, including by providing information to Contractor’s employees about any hazardous chemicals to which they may be exposed in the course of the Work. A hazard communication program and other forms of warning and training about such exposure must be used. Contractor must also maintain Material Safety Data Sheets (“MSDS”) at the Worksite, as required by law, for materials or substances used or 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 78 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 determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition exists or is created, Contractor must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances. Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Worksite condition, the method of construction, or the way any Work must be performed. Article 11 - Completion and Warranty Provisions 11.1 Final Completion. (A) Final Inspection. When the Work required by this Contract is fully performed, Contractor must provide wr itten notification to City requesting final inspection. The Engineer will schedule the date and time for final inspection, which must include Contractor’s primary representative for this Project and its superintendent. Based on that inspection, City will prepare a punch list of items that are incomplete, incorrectly installed, or not operating 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. City will deliver 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 list may include City’s estimated cost to complete each punch list item if Contractor fails to do so within the specified time. (C) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City inspection, and upon satisfaction of all other Contract 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 authorized to accept the Project, the Project will be considered accepted upon the date of the Engineer’s issuance of a written 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 sooner than 35 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 79 days after recordation of the notice of completion. If Contractor fails to complete all of the punch list items within the specified time, City may withhold up to 150% of City’s estimated cost to complete each of the remaining items from Final Payment. 11.2 Warranty. (A) General. Contractor warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. 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 W ork for a period of one year from the date of recordation of the notice of completion (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications 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 City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers. (D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by Contractor and its Subcontractors, and Contractor agrees to be co- guarantor of such Work. (E) Contractor’s Obligations. Upon written notice from City to Contractor of any defect in the Work discovered during the W arranty Period, Contractor or its responsible Subcontractor must promptly correct the defective Work at its own cost. Contractor’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the W arranty Period as to any defects in Work for which Contractor was notified prior to expiration of the W arranty 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 City may correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse City for its costs within 30 days following City’s submission of a demand(s) for payment pursuant to this provision. If City is required to initiate legal action to compel Contractor’s compliance with this provision, and City is the prevailing party in such action, Contractor and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce Contractor’s warranty obligations herein in addition to any and all costs City incurs to correct the defective Work. (G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, Contractor expressly agrees that City may immediately correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor or its surety must reimburse City for its costs within 30 days following City’s submission of a demand(s) for payment pursuant to this provision. If City is required to initiate legal action to compel Contractor’s compliance with this provision, and City is the prevailing party in such action, Contractor and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 80 Contractor’s warranty obligations herein in addition to any and all costs City incurs to immediately correct the defective Work, including any associated overtime charges. 11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion. City will notify Contractor in writing of its intent to occupy or make use of the Project or any portions of the Project, pursuant to this provision. (A) Non-Waiver. Occupation or use prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or Contractor’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect. (B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to Contractor’s cost or time to complete the Work within the Contract Time. 11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Subcontractor performs Work on the Project prior to recordation of the notice of completion, except for warranty work performed under this Article. Article 12 - Dispute Resolution 12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work. (A) Definition. “Claim” means a separate demand by Contractor, submitted in writing by registered or certified mail with return receipt requested, for 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 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 81 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. 12.2 Claims Submission. The following requirements apply to any Claim subject to this Article: (A) Substantiation. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Article 12, and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all 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 a schedule 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 in this 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 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 82 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 that City notified Contractor in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. (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 Section 8.8, 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. 12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and Contractor or as otherwise allowed under Public Contract Code 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. 12.4 Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response, or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, Contractor may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to dispute City’s response in writing within the specif ied 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. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 83 (C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any. (D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the Contractor may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below. 12.5 Mediation and Government Code Claims. (A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and Contractor will mutually agree to a mediator, as provided under Public Contract Code section 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of mediation equally, except costs incurred by each party for its representation by legal counsel or any other consultants. (B) Government Code Claims. (1) Timely presentment 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. 12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims. 12.7 Arbitration. It is expressly agreed, under 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. 12.8 Damages. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to 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. 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 84 12.9 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article 13. Article 13 - Suspension and Termination 13.1 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct work in accordance with the Contract Documents, City may 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. 13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City’s convenience, and not due to any act or omission by Contractor or its Subcontractors. Upon notice by City pursuant to this provision, Contractor must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by City except for taking measures to protect completed or in progress Work as directed in the suspension notice. The Contract Price and the Contract Time will be 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 extended if the suspension causes or will cause delay in Final Completion. 13.3 Termination for Default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor’s refusal 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; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the Work within the Contract Time; or responsib ility for any other material breach of the Contract requirements. (A) Notice. Upon City’s determination that Contractor is in default, City may provide Contractor and its surety written notice of default and intent to terminate the Contract. (B) Termination. Within seven calendar days after notice of intent 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, City may terminate the Contract by written notice to Contractor with a copy to Contractor’s surety. (C) Waiver. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven calendar days from the date of the notice of termination, Contractor’s surety will be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 85 means that City determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination. In addition, City will have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work. (D) Wrongful Termination. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and Contractor’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below. Contractor waives any claim for any other damages for wrongful termination including consequential damages, lost opportunity costs or lost profits. 13.4 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must: immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City’s instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. Subject to City’s directions in the notice, Contractor must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated. Contractor must also promptly cancel, all existing subcontracts that relate to performance of the discontinued Work. (A) Compensation to Contractor. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to Contractor, and Contractor will not be entitled to any additional claim or compensation: (1) Completed Work. The value of its Work satisfactorily performed to date, based on Contractor’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work; (2) Demobilization. Actual and substantiated demobilization costs; and (3) Markup. Five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date. 13.5 Effect of Any Contract Termination. Upon any termination pursuant to this Article, City may enter upon and take possession of the Project and the Work. City may also take possession of, for the sole purpose of completing the Work, all of Contractor’s tools, equipment and appliances, and all materials on the Worksite or stored off the Worksite that will be incorporated in the Work. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and t he provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, subm ittals of as-built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date. Article 14 - Miscellaneous Provisions 14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5, Contractor and its Subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 2018 Pavement Maintenance Phase 2 GENERAL CONDITIONS Project No 2019-102 Page 86 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders Final Payment to Contractor, without further acknowledgement by the parties. 14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly. 14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by City. 14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose. 14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that that bids were due. END OF GENERAL CONDITIONS 2018 Pavement Maintenance Phase 2 SPECIAL CONDITIONS Project No 2019-102 Page 87 Special Conditions 1. 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. 1.1 Work Hours. 7:00 a.m.-5:00 p.m. local time, weekdays, 9:00 a.m. – 5:00 p.m. on Saturdays, 9:00 – 4:00 p.m. Sundays. 1.2 Worker Arrival and Parking. Workers may arrive at the Worksite no earlier than 7:00 a.m. Violations of these requirements will result in a $3,000 dollar penalty to Bidder/Contractor, per occurrence. 1.3 Equipment and Material Delivery and Off-Haul Hours. No equipment or material may be delivered or off-hauled except between the hours of 7:00 a.m. and 5:00 p.m. No equipment that has a safety back up beeper may be operated before 7:00 a.m. on any day. 1.4 Work Days Only. Work will only be performed on Work Days, as defined in the General Conditions, unless Contractor requests otherwise from City in writing at least 2 working days in advance, and City approves the request in its sole discretion. In the case of Work by Contractor after normal working hours, 1.5 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. 1.6 Noise Limitation. No non-construction noise will be allowed, this includes amplified music, radio or other noise not due to construction activities. 1.7 Approved Work Hours – See attachment A “Work Hour Restrictions” for approved work hours on specific streets. 2. Road Closures The following conditions apply to closing traffic lanes in order to perform project work  Contractor may close down one direction of traffic between the hours of 9:30 am to 2:00 PM or 8:00 AM to 5:00 PM as indicated in Attachment A, Work Hour Restrictions  Contractor must submit traffic control plan for City review and approval prior to work  Lane Closures and road closures will require that a dedicated, certified flagmen be on site to control traffic. Flagmen must be certified by an approved agency or association.  Contractor shall phase work to minimize inconvenience and parking impacts to residents and businesses. Contractor shall allow parking on adjacent streets when work is in progress. 3. SUBMITTALS FOR QUALITY ASSURANCE. In the Technical Specifications, the City may specify quality assurance requirements, including qualifications for special skills and 2018 Pavement Maintenance Phase 2 SPECIAL CONDITIONS Project No 2019-102 Page 88 experience required of the Contractor. For any specified skill, the Contractor may u se a subcontractor that specializes in the work and meets the performance requirements or the Contractor may self-perform the work, subject to demonstrating the necessary skill, experience, and/or certifications to perform the work. The Contractor will submit verification that the materials and labor skills meet the specified requirements prior to implementing the specific work though the submittal process. 4 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: 4.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent; 4.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours; 4.3 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; 4.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer; 4.5 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; 4.6 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers; 4.7 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements; 6.8 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; __.11 Any other documents specified in the Special Conditions or Notice of Award. 5. Close Out Requirements. Contractor’s close out requirements include the following, if applicable: 5.1 Contractor must replace in 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. 5.2 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. 2018 Pavement Maintenance Phase 2 SPECIAL CONDITIONS Project No 2019-102 Page 89 END OF SPECIAL CONDITIONS 2018 Pavement Maintenance Phase 2 PROJECT FORMS Project No 2019-102 Page 90 Project Forms Contractor must use the Project forms provided with these Contract Documents, as specified 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 Release of Claims Form 2018 Pavement Maintenance Phase 2 SUBSTITUTION REQUEST FORM Project No 2019-102 Page 91 Substitution Request Form This Substitution Request Form must be used for each requested substitution, including pre -bid and post-award requests. Reference Section 12 of Instructions to Bidders and/or Section 7.7 of 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: ___________________________________________________________________________ 2018 Pavement Maintenance Phase 2 SUBSTITUTION REQUEST FORM Project No 2019-102 Page 92 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 the Proposed 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: Bidder/Contractor Name Signature For Use by City: Accepted Accepted as Noted Not Accepted Received Too Late Name / Title Address City/State/Zip Telephone: Date: Email: By: City’s Representative Date: Remarks: END OF DOCUMENT 2018 Pavement Maintenance Phase 2 RELEASE OF CLAIMS 2019-102 Page 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 in this 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 the Undisputed 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. Date Amount Claimed Description [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, 2018 Pavement Maintenance Phase 2 RELEASE OF CLAIMS 2019-102 Page 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 on behalf of Contractor and that it will be binding against Contractor. Contractor hereby agrees to all terms and conditions of this Release of Claims: _________________________________________ Contractor Business Name Signature Name/Title (If Corporation: Chairman, President or Vice President) _______________________________________ Date Signature Name/Title (If Corporation: Secretary, Assistant Secretary, Chief Financial Officer or Assistant Treasurer) Agreed and Approved by the City of Cupertino: ___________________________________ ____________________________ Signature Date ___________________________________ Name/Title 2018 Pavement Maintenance Phase 2 TECHNICAL SPECIFICATIONS Project No. 2019-102 Page 95 TECHNICAL SPECIFICATIONS 1. TRAFFIC CONTROL (Bid Item Number 1) a. Item Requirement Contractor shall furnish all necessary supervision, labor, materials, construction tools and equipment, supplies to complete traffic control at each location during the times immediately prior, during and after work. b. Scope Construction area signs shall be furnished, installed, and removed when no longer required. The Contractor’s attention is directed to Section 7-1.08, "Public Convenience", Section 7-1.09, "Public Safety", and Section 12, "Construction Area Traffic Control Devices", of the Caltrans Standard Specifications and Section 00820 Traffic Control Requirements of these specifications. All traffic control devices shall conform to the latest "Manual of Traffic Control for Construction and Maintenance Work Zones" issued by Caltrans. (a) Advance construction warning signs shall be placed on all streets leading into the construction area before any construction is started. (b) Speed limit advisories may be placed along the main traffic lanes. (c) When detours or changes in traffic lanes are required, directional signs shall be placed at each end and along the roads. (d) Warning signs, caution signs, and end construction signs, shall be placed at each end of the work and along the route when conditions warrant their use. The Contractor shall submit a detailed traffic control plan for all work that requires lane closures at least 5 days prior to the lane closure. No lane closure will be allowed without prior approved traffic control plan specific to that location. Traffic control shall be planned for each individual lane closure with detail layouts of all signage locations. The Contractor is responsible for proper placement and maintenance of all signs and barricades. Any additional signs, barricades, lights, etc., that 2018 Pavement Maintenance Phase 2 TECHNICAL SPECIFICATIONS Project No. 2019-102 Page 96 may be required by the Engineer to ensure public safety shall be installed and maintained by the Contractor. Note: Traffic Controls – Qualified Individual: Traffic controls through the construction zone shall be designed and maintained by a designated individual qualified in this responsibility. The qualified traffic control individual shall have no other responsibilities other than traffic control. The name(s) of the qualified traffic control individual shall be submitted and approved prior to beginning work. If required in the traffic control plan, and always during one way traffic control, flagmen will be required to direct traffic during construction. The number and location of flagmen shall be sufficient to allow safe control and passage of traffic through the work zone. During the paving of intersections, two flagmen shall be posted at each intersection for the entire time between tack coat and finish rolling. If a cross street needs to be temporarily closed when work is in progress through the intersection and the anticipated delay is more than five minutes, a detour sign shall be installed on the cross street and shall include the installation of advance signing displaying the anticipated delay time. The signing shall be reviewed by the Traffic Engineer. When required by the Engineer, the Contractor shall supply two (2) message boards per arterial / collector street, to be placed at designated locations for advanced warning signs. The message shall be preapproved by the engineer prior to programming. Message boards shall be set up at least two weeks prior. The term “Construction Area Signs” shall include all temporary signs required for the direction of public traffic through or around the work during construction. Such signs are shown in or referred to in the current MANUAL OF TRAFFIC CONTROLS – Warning signs, Lights and Devices for Use in Performance of Work Upon Highways, published by the State of California, Department of Transportation, hereinafter referred to as MANUAL OF TRAFFIC CONTROLS. Restrictions on Closure of Traffic Lanes The streets shall be open for use by public traffic on Saturday, Sunday, and any day designated by the City as a legal holiday or any day preceding a designated legal holiday; before 8 a.m. and after 5 p.m., Monday thru Friday or as further restricted by Attachment A, and when construction operations are not actively in progress on working days. During daily construction operations, there may be certain peak traffic hours that would require the Contractor to alter the construction schedule in order to minimize the impact of the work on the public’s convenience. 2018 Pavement Maintenance Phase 2 TECHNICAL SPECIFICATIONS Project No. 2019-102 Page 97 The following provisions shall apply on the listed street segments: Street Special Traffic Control Provision Arterials: One lane in each direction of traffic shall be maintained at all times. The roadway shall be open for two-way traffic at all times. Other Collectors: Streets Near Schools See Attachment A On four lane streets, one lane in each direction shall be maintained at all times. On two lane streets, flagmen shall be used to maintain traffic flow. Traffic may be limited to only local traffic during the period between 9:30 a.m. and 2:30 p.m. Flagman shall be used to control traffic. Residential: Traffic may be limited to only local traffic during the period between 8 a.m. and 4:30 p.m. Flagman shall be used to control traffic. Refer to “Attachment A” – Work Hour Restrictions for working hour requirements for each street or street category. Attention is directed to Sections 7-1.08, “Public Convenience,” 7-1.09, Public Safety,” and 12, “Construction Area Traffic Control Devices,” of the State Standards and to the Section entitled “Public Safety” and flagging for traffic control systems elsewhere in these technical specifications. Nothing in these technical specifications shall be construed as relieving the Contractor from his responsibility as provided in said Section 7-1.09. Lane closures shall conform to the provisions in the section of these special provisions entitled “Traffic Control for Lane Closure.” Personal vehicles of the Contractor’s employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic. The Contractor shall notify local authorities of his intent to begin work at least 7 calendar days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic 2018 Pavement Maintenance Phase 2 TECHNICAL SPECIFICATIONS Project No. 2019-102 Page 98 cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by Engineer. In order to minimize the impact on local merchants, and residents, driveways shall not be blocked for any long periods of time. The Contractor shall maintain access to all driveways before and after road material is placed. The Contractor shall limit the time between the prep time placing and curing time of the asphalt material and cleanup so that vehicles may return the roadway to use. The full width of the traveled way shall be open for use by public traffic on weekends, designated legal holidays, and when construction operations are not actively in progress. Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinions of the Engineer public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by contract change orders. A traffic control system shall consist of closing traffic lanes in accordance with the provisions of Section 12, “Construction Area Traffic Control Devices,” of the State Standards, the provisions under “Maintaining Traffic” elsewhere in these technical specifications. The provisions in this section will not relieve the Contractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.09, “Public Safety,” of the State Standards. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. Lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along the traveled way, shall be removed from the traveled way, shoulder and auxiliary lanes. 2018 Pavement Maintenance Phase 2 TECHNICAL SPECIFICATIONS Project No. 2019-102 Page 99 c. Measurement & Payment The contract lump sum price paid for Traffic Control shall include full compensation for furnishing all labor including flagging costs, materials (including signs), tools, equipment and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system and preparing required traffic control plans, as specified in the State Standards and these technical specifications, and as directed by the Engineer. 2. CRACK SEALING (Bid Item Number 2) a. Item Requirement This work shall consist of removing vegetation, embedded sand and dirt and all other debris and incompressible materials, evaporating moisture from cracks and joints in the asphalt concrete pavement, and cleaning and filling the cracks with rubber asphalt joint seal as specified in these special provisions, and as directed by the Engineer. b. Scope MATERIALS The crack sealant shall be a mixture of paving asphalt and ground rubber and shall conform to ASTM D6690, Type II. CONSTRUCTION All cracks 3/32 of an inch wide or wider shall be sealed. Immediately prior to applying the sealant, the cracks shall be cleaned. Removal of vegetation and all incompressible materials from cracks and joints shall be by means of hot compressed air lance. (Other methods such as routing with compressed air cleaning may be substituted at engineer’s specification. Under ANY circumstances compressed air used for cleaning MUST be oil free.) Before sealing, the crack surfaces must be made clean, dust free, and dry. The preferred way to remove the moisture is with the use of the hot compressed air lance. The temperature will be at least 2000 degrees F. The lance shall be not more than 50 feet ahead of the sealing unit, as they progress down the pavement, so that the crack area does not have time to cool or take up new moisture from below. Crack seal materials shall be placed in conformance with the manufacturer's recommendations. Crack seal materials shall not be placed when the surface temperature is below 50 degrees Fahrenheit. The finished crack seal shall be bonded to the crack such that there is no separation or opening between the sealant and the crack edge and there shall be no cracks, separation or other opening in the sealant. 2018 Pavement Maintenance Phase 2 TECHNICAL SPECIFICATIONS Project No. 2019-102 Page 100 The Contractor shall remove crack seal material that is not placed within the conformance of these provisions, clean cracks as specified herein and then reseal the cracks at his expense. c. Measurement & Payment The Contract Price shall be paid by the lineal foot for rubberized asphalt crack seal and shall include full compensation for furnishing all labor, materials, tools, equipment, traffic control and incidentals, and for doing all the work involved in constructing rubberized asphalt sealed cracks, complete in place. 3. MICROSURFACING (Bid Item Number 3) a. Item Requirement The work shall consist of furnishing all necessary labor, materials and equipment for the transporting, mixing of asphaltic emulsion, aggregate and water and spreading the mixture of pavement areas to conform to the Provisions of Section 37-3, “Slurry Seal and Microsurfacing ,” of the Caltrans 2010 Standard Specifications, Revised Standard Specifications, and these Special Provisions. The emulsified asphalt shall be a quick-set latex modified cationic type CQS-1H emulsion and shall conform to the requirements specified in AASHTO M208 and ASTM 2397. It shall pass all applicable storage and settlement tests. The latex shall be milled into the emulsion. The cement mixing test shall be waived for this emulsion. Distillation of residue will be at a temperature of 350 degrees F for 20 minutes. Softening point of the residue shall be 140 degrees F minimum. Viscosity, absolute at 140 degrees F, shall be 8,000 poise minimum. The mineral aggregate used shall be of the type and grade specified for micro- surfacing. The aggregate shall be manufactured crushed stone such as granite, slag, limestone, chat, or other high quality aggregate or combination thereof. The aggregate including natural fines when tested by AASHTO methods T11 or T27 or ASTM C117 or C136, should meet the referenced gradation requirements. To limit the permissible amount of clay like fines in an aggregate, a sand equivalent value of 65 or higher is required when tested by ASTM 2419. The aggregate shall have a weighted loss of not more than 15% when the sodium sulfate test is used or 20% when the magnesium sulfate test is used. The aggregate wear, from resistance to abrasion, shall be a maximum of 35% when using AASHTO T96 or ASTM C131 test methods after 500 revolutions . The water shall be potable and shall be free of harmful soluble salts. 2018 Pavement Maintenance Phase 2 TECHNICAL SPECIFICATIONS Project No. 2019-102 Page 101 Special quick-setting emulsifier agents shall be milled into the asphalt emulsion. The emulsified asphalt shall be so formulated that when the paving mixture is applied at thickness of one inch width the relative humidity at not more than 50% and the ambient air temperature of at least 75 degrees F, the material will cure sufficiently so that rolling traffic can be allowed in one hour with no damage to the surface, as verified by the Engineer. A mineral additive shall be introduced to the mineral aggregate and may be any recognized brand of non-air entrained Portland cement or hydrated lime that is free of lumps, or other approved mineral additive. The amount of mineral additive needed shall be determined by the laboratory mix design and will be considered as part of the material gradation requirement. A liquid field control additive is introduced and blended with water to provide effective control of the required quick-set properties. This additive shall be made available by the chemical supplier or emulsion manufacturer and certifiable as being compatible with the mixture. The qualified laboratory shall develop the job mix design and present certified test results for the contractors approval. Compatibility of the aggregate and emulsion shall be verified by the mix design. The job mix formula shall provide a minimum Marshall stability of 1800 pounds and a flow of 6 to 16 units when tested according to the ASTM 1559 or AASHTO 245 procedure as modified. All component material used in the mix design shall be representative of the material proposed by the contractor for use on the project. The Engineer shall approve the design mix and all micro surfacing materials and methods prior to use. The component materials shall be within the following limits. Residual Asphalt 5% to 9% by dry weight of aggregate Mineral Additive 0.5% to 3% by dry weight of aggregate Latex Modifier As required to provide specified properties Field Control Additive As required to provide the specified properties Water As required to produce consistency Aggregate-Recommended Gradations: Type II Type III Screen Size % Passing % Passing 3/8” 100 100 #4 94-100 70-90 #8 65-90 45-70 #16 40-70 28-50 #30 25-50 19-34 #50 15-30 12-25 #100 10-21 7-18 #200 5-15 5-15 Application Rate shall be 18-22 lbs per sq. yd. The aggregate for Micro-Surface shall be Type II. Before work commences, the contractor shall submit a signed mix design covering the specific material to be used on the project. This design shall be performed by a 2018 Pavement Maintenance Phase 2 TECHNICAL SPECIFICATIONS Project No. 2019-102 Page 102 qualified laboratory. The Contractor shall construct a test strip for evaluation by the Engineer. The test strip shall be 300 feet to 500 feet long and shall consist of the application courses specified. The test strip shall be constructed at the same time of day or night that the full production of microsurfacing will be placed. The Engineer will evaluate the completed test strip after 12 hours of traffic on the completed test strip to determine if the mix design and placement procedure are acceptable. If the mix design or the placement procedure is determined by the Engineer to be unacceptable, the test strip will be rejected, the Contractor shall make modifications, and a new test strip shall be constructed and evaluated by the Engineer. The cost of materials and placement of the test strips, which have been rejected, shall be borne by the Contractor and will not be considered as part of the contract work. If ordered by the Engineer, rejected test strips shall be removed at the Contractors expense. If approve by the Engineer, the Contractor may continue with production work after placement of the test strip at his own risk. If the test strip is rejected, all production work shall be stopped and evaluated by the Engineer. The production work will be evaluated in the same manner as the placement of the test strip and shall conform to the same requirements for the test strip material. Once the materials are approved, no substitution will be permitted unless first tested and approved by the laboratory preparing the mix design. All equipment, tools, and machines used in the performance of this work shall be maintained in satisfactory working condition at all times to ensure a high quality of product. The material shall be mixed by a self-propelled microsurfacing mixing machine which shall be a continuous flow mixing unit able to accurately deliver and proportion the aggregate, emulsified asphalt, mineral and field control additives, and water to a revolving multi-blade twin shafted mixer and discharge the mixed product on a continuous flow basis. The machine shall have sufficient storage capacity for aggregate, emulsified asphalt, mineral and field control additives, and water to maintain an adequate supply to the proportioning controls. The machine may be equipped with self-loading devices which provide for the loading of materials while continuing to lay micro-surfacing, thereby minimizing construction joints. Individual volume or weight controls for proportioning each material to be added to the mix, i.e., aggregate, emulsified asphalt, mineral and field control additives, and water shall be provided and properly marked. These proportioning devices are usually revolution counters or similar devices and are used in material calibration and determining the materials output at any time. The emulsion pump shall be a heated positive displacement type. The surfacing mixture shall be spread uniformly by means of a mechanical type spreader box attached to the mixer, equipped with paddles to agitate and spread the materials throughout the box. A front seal shall be provided to insure no loss of mixture at the road contact point. The rear seal shall act as final strike off and shall be adjustable. The mixture shall be spread to fill cracks and minor surface irregularities 2018 Pavement Maintenance Phase 2 TECHNICAL SPECIFICATIONS Project No. 2019-102 Page 103 and leave a uniform skid resistant application of material on the surface. The spreader box and rear strike off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike off. The longitudinal joint where two passes join shall be neat appearing, uniform and lapped. All excess material shall be removed from the job site prior to opening the road. The spreader box shall have suitable means provided to side shift the box to compensate for variations in pavement width and longitudinal alignment. A rut box shall be available to prefill wheel ruts when necessary prior to overlay to eliminate puddles or runoff interruption. The box shall be readily adjustable from 4’-6’ width hydraulically adjusted strike off screeds to attain maximum grade and profile. Suitable surface cleaning equipment, traffic control equipment, hand tools and any support equipment shall be provided as necessary to perform the work. The material shall be spread only when the road surface and atmospheric temperatures are at least 55 degrees F and rising and the weather is not rainy and there is no forecast of temperatures below 32 degrees F within 48 hours from the time of placement of the mixture. Suitable methods shall be used by the contractor to protect the micro-surface from traffic until the new surface will support traffic without damage. The Contractor shall be responsible for preparation of the pavement to receive seal coat required under Section 1.06 of Document 860 “Protection and Restoration of Existing Facilities” of these Project Specifications. Prior to placing micro seal, the streets shall be cleaned by sweeping with self-propelled vacuum or regenerative air sweepers with water spray bars to reduce dust. Sidewinder sweepers or brooms that wind row material and do not remove it shall not be used. Completion of sweeping shall be evidenced by the absence of all loose particles of paving, all dirt and all other extraneous material from roadway and surrounding improvements.. If needed, all areas shall be swept a second time or more if necessary in the same manner as the first sweeping or as directed by the Engineer. The surface should be pre-wetted by fogging ahead of the spreader box when required by local conditions. The rate of application of the fog spray shall be adjusted during the day to suit temperatures, surface texture, humidity, and dryness of the pavement surface. The micro-surfacing mixture shall be of the desired consistency upon leaving the mixer and no additional materials should be added. A sufficient amount of material shall be carried in all parts of the spreader at all times so that a complete coverage is obtained. Overloading of the spreader shall be avoided. No lumping, balling, or unmixed aggregate shall be permitted. No streaks, such as those caused by oversized aggregate, will be left in the finished surface. If excessive oversize develops, the job will be stopped until the contractor proves to the Engineer that the situation has been corrected. 2018 Pavement Maintenance Phase 2 TECHNICAL SPECIFICATIONS Project No. 2019-102 Page 104 No excessive buildup, uncovered areas or unsightly appearances shall be permitted on longitudinal or transverse joints. The contractor shall provide suitable width spreading equipment to produce a minimum number of longitudinal joints throughout the project. When possible, longitudinal joints shall be placed on lane lines. Half passes and odd widths passes will be used only in minimum amounts. If half passes are used, they shall not be the last pass of any paved areas. The micro-surfacing mixture shall possess sufficient stability so that premature breaking of the material in the spreader box does not occur. The mixture shall be homogenous during and following mixing and spreading. It shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Areas which cannot be reached with the mixing machine shall be surfaced using hand squeegees to provide complete and uniform coverage. The area to be handworked shall be lightly dampened prior to mix placement. Care shall be exercised to leave no unsightly appearance from handwork. The same type finish as applied by the spreader box shall be required. Handwork shall be completed at the time of the machine applying process. Care shall be taken to insure straight lines along curbs and shoulders. No runoff on these areas will be permitted. Lines at intersections will be kept straight to provide a good appearance. Measurement and Payment: “MICROSURFACE” shall be paid for at the contract price per square yard and shall be full compensation for furnishing all labor, materials, tools, equipment, traffic control and incidentals for doing all the work involved. 3. ASPHALT STRIPING / MESSAGES & MARKERS (Bid Item Numbers 6- 48) a. Item Requirement The Contractor shall furnish and apply traffic stripes, characters, arrows, pavement markers, and other delineations and markings. These shall be reapplied in the original pattern on all roads except as directed by the Traffic Engineer. Contractor shall install traffic striping and markers in accordance with Sections 84 and 85, ‘Traffic Stripes and Pavement Markings’ and ‘Pavement Markers’, the most recent version of the California MUTCD, and Caltrans Standard Details A20A through A24F, latest edition. . Contractor is required to document existing striping and message types, complete with dimensions, for each street receiving seal coat treatment. Contractor is to submit this to the Engineer for review and approval a minimum of five working days prior to removal of existing striping and/or markings. All pavement legends and traffic striping shall be applied in thermoplastic unless otherwise noted. 2018 Pavement Maintenance Phase 2 TECHNICAL SPECIFICATIONS Project No. 2019-102 Page 105 Temporary pavement marking materials must be on hand prior to the covering or demolition of existing pavement markings. b. Scope MATERIALS Pavement Delineation- Thermoplastic Thermoplastic material shall be extruded thermoplastic meeting the requirements of Section 84-2 and specifically Section 84-2.03B Extruded Thermoplastic or City approved equivalent. Placement shall be performed as directed by the manufacturer. Legend, Shields and Arrows Legends and arrows shall be preformed, thermoplastic pavement markings and shall be Premark 20/20 Flex Plus or a City approved equivalent. Placement shall be performed as directed by the manufacturer. Legends and symbols for preformed green bike lanes shall be factory assembled. Pavement Delineation- Pavement Markers Raised and reflective pavement markers shall comply with Section 85 of the Standard Specifications. The specific type to be used shall be consistent with the type generally in use within the local jurisdiction unless directed otherwise by the Engineer. CONSTRUCTION All construction shall conform to the respective provisions of the Standard Specifications, manufacturer’s installation requirements, and these Technical Specifications. Existing Striping and Markings In areas adjacent to the reconstructed surfacing where existing striping must be changed to conform to a revised striping pattern, conflicting striping shall be removed by sand blasting, grinding, or other methods as specified in the Standard Specifications or by the Engineer. The Contractor shall replace all striping which has been damaged or obliterated by or during the work. This may include striping replacement completely across the street even in the event that the Contractor’s work may not extend that far. All lines of each crosswalk shall be completely 2018 Pavement Maintenance Phase 2 TECHNICAL SPECIFICATIONS Project No. 2019-102 Page 106 replaced with thermoplastic even if only a portion of a line has been obliterated. Layout for Temporary and Permanent Striping The alignment and layout of traffic stripes shall conform to the Standard Specifications. The Contractor shall perform all tie downs, layout, alignment, and spotting. The Contractor shall submit a plan documenting locations, dimensions, and Caltrans Standard Detail reference number or other applicable detail for all existing pavement striping, markings, markers and legends. The plan shall contain sufficient detail for installation of new thermoplastic and markers. The plans shall be submitted five working days prior to any removal of existing striping/markings, and shall be approved by the Engineer prior to any removal activities. The Engineer or his/her designee shall review and approve striping layout prior to final striping. The Contractor shall physically tie down the location of the beginning and ending of each paint or thermoplastic marking type in the adjacent curb top. The marking location shall not exceed fifty square inches each. Any locations exceeding this limit shall be removed by the Contractor prior to acceptance of the work. The Contractor shall contact the City Traffic Division for review of tie downs. The Contractor shall be responsible for accurately referencing out and replacing the lines and positions of all traffic lines, directional lines, arrows, and other markings in accordance with either prior existing striping/message layout or by revised striping plans provided by the Engineer by cat tracking with painted marks. This shall occur no later than two hours after the final surface course paving operation. Cat tracking shall consist of stretching a rope on a straight line between control points on tangent alignment and on a true arc through control points on curved alignment and placing spots of paint along the rope. Temporary tab markers shall be placed not more than twelve feet apart on curves nor more than twenty-four feet apart on straight segments. Temporary tab markers shall be the same color as the traffic stripe that they are replacing, shall measure two inches tall by 3-1/2 inches wide, and have a reflective lens across the width of the marker. Application of cat tracking and/or placement of temporary markers are to occur immediately upon completion of final compaction rolling and prior to opening asphalt areas to traffic. All crosswalks, stop bars and directional arrows, both yellow and white in color, shall be placed immediately upon completion of final compaction rolling and prior to opening asphalt areas to 2018 Pavement Maintenance Phase 2 TECHNICAL SPECIFICATIONS Project No. 2019-102 Page 107 traffic. Failure to comply with these requirements shall result in a liquidated damage of $5000 per day for each street that has not received tempor ary installation of the tab markers, traffic striping, and other markings. All liquidated damages in this Contract are cumulative. Prior to application of permanent striping and markers, the Contractor shall call for review and approval of the proposed striping by the Engineer or his/her designee. The City shall have the right to make changes in the location and alignment of line stripes. Striping and traffic markings shall not be applied until approval is granted by the Engineer or his/her designee. The Contractor shall allow a minimum of seven working days for review of the layout by the City. Crosswalks In some instances, portions of new crosswalks will extend beyond limit of pavement rehabilitation work. In these instances, the existing 12 inch wide lines outside the paving limit shall be removed by grinding or sandblasting prior to placing new crosswalk striping. At various locations in the project, crosswalks shall consist of a series of ten (10) foot width by two (2) foot length bars, with no perpendicular lines at the crosswalk sides, as shown in the ‘Miscellaneous Details & City Standard Details’ of the Contract Documents. Schedule Raised pavement markers (RPM’s) shall be placed to replace existing RPM’s or as designated by City provided striping plans. When utilizing hot melt bituminous adhesive, RPM’s shall be placed after the surface has been open to traffic for at least seven days. When utilizing epoxy adhesive, RPM’s shall be placed after the surface has been open to traffic for at least fourteen days. Regardless of which adhesive is utilized, the RPM’s shall not be placed more than twenty-one days after paving or surfacing. Thermoplastic materials shall be placed to replace existing thermoplastic materials or as designated by City provided striping plans. Where green bike lanes are to be installed, the pre-formed green lanes shall be installed prior to the installation of the 6” white stripe. Permanent traffic striping and markings including legends and arrows shall be placed between eight (8) and twelve (12) days after paving or surfacing, unless otherwise directed by the Engineer. All permanent striping shall be complete in place by the 13th day after completion of resurfacing work. Failure to comply with these requirements shall result in a liquidated damage of $150 per day for each street that has not been cat tracked or has 2018 Pavement Maintenance Phase 2 TECHNICAL SPECIFICATIONS Project No. 2019-102 Page 108 not received permanent installation of the required raised pavement markers, traffic striping, and markings. All liquidated damages in this Contract are cumulative. Reflective and Raised Pavement Markers Installation of both reflective and raised pavement markers shall conform to the provisions of Section 85 of the Standard Specifications. Pavement markers shall be placed in the same pattern and locations as they were previously, except as specified by the Engineer. Reflective Pavement Markers at fire hydrants shall consist of placing a single blue marker on the new pavement surface. Location of the new marker shall be six (6) inches off of the lane striping nearest to and in line with the existing fire hydrant. Pavement Delineation- Thermoplastic Pavement temperature shall be measured at the beginning of the shift on each working day and this information shall be provided to the Traffic Engineer. No primer or thermoplastic shall be installed within forty-eight hours from the last measurable rain report as provided by the City. Thermoplastic traffic striping, legends, and arrows shall conform to the provisions of Section 84-of the Standard Specifications and these Technical Provisions. c. Measurement & Payment Payment for traffic striping layout and placement of temporary lane markers will be included in the unit price bid for each striping detail as identified in the Bid Schedule and no additional compensation will be allowed therefore. Measurement and payment for pavement striping, characters, arrows, pavement markers, raised pavement markers, and reflective pavement markers shall be paid on a unit cost basis as identified in the Bid Schedule. Payment for any striping removal as identified herein shall be included in the unit price for the related striping item and no additional compensation will be allowed therefore. The above contract unit costs shall be considered full compensation for furnishing all labor, materials, tools, equipment, transportation, and 2018 Pavement Maintenance Phase 2 TECHNICAL SPECIFICATIONS Project No. 2019-102 Page 109 incidentals; and for performing all of the work involved as detailed in the Standard Specifications, these Technical Specifications, and the plans and typical sections. No additional compensation will be allowed therefore. 2018 Pavement Maintenance Phase 2 General Requirements Project No. 2019-102 110 GENERAL REQUIREMENS Section Title Page 100 General Requirements 2 101 Notification Requirements 4 102 Restrictions on Closure of Traffic Lanes 5 2018 Pavement Maintenance Phase 2 General Requirements Project No. 2019-102 111 SECTION 100 GENERAL REQUIREMENTS 100-1 GENERAL All work shall conform to the applicable provisions of the State of California, Department of Transportation, Standard Specifications (Caltrans) Dated May 2010; Revised Standard Specifications (Caltrans), these Technical Provisions; and the plans and typical sections. 100-2 ROADWAY PREPARATION The work under this section consists of preparing the roadway prior to resurfacing or reconstruction as specified in these Technical Provisions and as required by the Engineer. Such work shall include controlling nuisance water; sweeping; watering; removal of all raised pavement markers; removal of all thermoplastic pavement markings; removal of loose and broken concrete, asphalt concrete pavement, and foreign material; and the spraying and removal of weed growth. Any roadway area that contains existing weed growth shall be treated with an E.P.A. approved herbicide composed of glyphosate and oryzaline, combined and applied according to label directions. In addition, the Contractor shall implement their Water Pollution Control Program prior to the start of construction, as specified in these Technical Provisions. Note: Document 00850 Paragraph 6 requires contractor to document location, dimensions, and Standard Detail reference number of all existing pavement markers, markings, and legends. Said documentation is subject to the approval of the Engineer prior to removal of raised pavement markers, pavement markings and legends. 100-3 PROJECT SITE MAINTENANCE Throughout all phases of construction until final acceptance, including any periods of work suspension, the site shall be kept clean and free from rubbish and debris. The Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day or more frequently if determined by the engineer for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete or in progress of being complete. The Contractor shall abate dust by sprinkling water or other means as necessary, but the use of water resulting in mud on public streets will not be permitted. Excess excavated materials from any source shall be removed from the site immediately. Materials and equipment shall be removed from the site as soon as they are no longer necessary. 2018 Pavement Maintenance Phase 2 General Requirements Project No. 2019-102 112 As work progresses and before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All pavement areas shall be swept with a street sweeper immediately prior to the final inspection. All concrete areas shall be broom cleaned. All topsoil areas shall be raked. All cleanup costs shall be included in the Contractor’s bid. In the event that the Contractor fails to perform this final cleanup, the Agency may remove and/or dispose of the articles or materials at the Contractor’s expense. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. 100-4 SANITARY FACILITIES The Contractor shall provide and maintain enclosed, portable restrooms for the use of personnel engaged in the work. These accommodations shall be maintained in a neat and sanitary condition, and shall comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation. 100-5 STAGING & STORING The Contractor shall store all equipment and materials in a manner which does not interfere with public right of way. No equipment will be allowed to be parked overnight within the limits of the public right-of-way. Contractor may make arrangements with Stevens Creek Quarry at 408-253- 2512 for temporary staging areas. All costs associated with securing a staging area is the responsibility of the Contractor. Contractor will also be required to provide proof in writing from any property owner that the Property is allowed for use as a temporary staging area. Contractor shall take adequate measures to secure all equipment and materials at the staging area after the completion of work each day. The City will not be responsible for any damage or loss incurred on Contractor’s equipment or materials. 100-6 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of public and private property adjacent to the work and shall exercise due caution to avoid damage to such property. Immediately preceding surface treatment, the contractor shall cover all grates, slotted manholes and other appurtenances on and adjacent to the pavement that would allow entry of the sealing materials. Mask with roofing paper or other approved material, all closed manhole covers, water and gas valve box covers, monuments, monument boxes, etc. These locations shall be referenced with a sufficient number of control points to relocate after the su rface treatment is complete. As soon as the seal sets, drainage inlets shall be uncovered and cleaned. All other surface utilities shall be uncovered within 5 working days after completion of the seal 2018 Pavement Maintenance Phase 2 General Requirements Project No. 2019-102 113 at each location. All utility covers shall be cleaned of rubber chip, conventional chip, slurry or micro seal material when uncovered. The Contractor shall repair or replace all existing improvements within the right-of-way or on adjacent private property which are not designated for removal, but that are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. 100-7 REFERENCES All references to ‘State’ in any of the contract documents or referenced standards or publications shall mean the City of Cupertino. All references to ‘Engineer’ in any of the contract documents or referenced standards or publications shall be the designated representative of the City of Cupertino. Unless otherwise indicated in writing by the City, this shall be the Director of Public Works or his/her designee. 100-8 MEASUREMENT AND PAYMENT Payment for work required under the General Requirements shall be included in the prices bid for the individual items of work and no additional compensation will be allowed therefore unless specifically noted otherwise. 2018 Pavement Maintenance Phase 2 General Requirements Project No. 2019-102 114 SECTION 101 NOTIFICATION REQUIREMENTS 100-1 NOTIFICATION REQUIREMENTS The contractor shall provide advanced notification to residents and businesses as follows: Advanced Notification Doorhanger: The Contractor shall submit a sample door hanger to the City of Cupertino for review and approval. At a minimum, the doorhanger shall included the type of work to be completed, location, scheduled dates of work, hours of work, access during construction and contractor contact information. The door hanger shall be distributed to residents and business along effected streets at least 48 hours but no more than 96 hours prior to commencement of work. Notification will be necessary prior to Chip Seal or initial surface treatment and, when applicable, a second time prior to slurry seal or micro surfacing. Night Work Notification The Contractor shall mail advanced notification of night work to residents located within 750’ of the limits of night work. The notice shall include dates and times of work to be completed. The Contractor shall submit a draft notification for review and approval prior to mailing. Posting and Towing Dated “No Parking Tow Away” signs shall be provided by the contractor and posted a minimum of 72 hours in advance of all work requiring that cars not be parked on the street. The specific dates and times of work shall be written on signs in two-inch-high letters with a ¼-inch felt black marker. Signs shall be posted on Type II barricades, 50 feet on center and removed immediately after the work is completed. These shall be supplied and paid for by the Contractor and updated as necessary. The Contractor shall adhere diligently to said written schedule. The Contractor shall update signs as necessary. The Contractor must notify Cupertino Code Enforcement Officers at (408) 777-3182 with locations of posting to start and verify forty eight (48) hour notice. 2018 Pavement Maintenance Phase 2 General Requirements Project No. 2019-102 115 SECTION 102 RESTRICTIONS ON CLOSURES OF TRAFFIC LANES 102-1 Restrictions on Closure of Traffic Lanes The streets shall be open for use by public traffic on Saturday, Sunday, and any day designated by the City as a legal holiday; before 8 a.m. and after 5 p.m., Monday thru Friday, or any day preceding a designated legal holiday; and when construction operations are not actively in progress on working days. During daily construction operations, there may be certain peak traffic hours that would require the Contractor to alter the construction schedule in order to minimize the impact of the work on the public’s convenience. The following provisions shall apply on the listed street segments: Street Special Traffic Control Provision Arterials: One lane in each direction of traffic shall be maintained at all times. The roadway shall be open for two-way traffic at all times. Collectors: On four lane streets, one lane in each direction shall be maintained at all times. On two lane streets, flagmen shall be used to maintain traffic flow. Streets Near Schools See Attachment A Traffic may be limited to only local traffic during the period between 9:30 a.m. and 2:30 p.m or when school is out of session. Flagman shall be used to control traffic. Residential All other streets Traffic may be limited to only local traffic during the period between 8 a.m. and 4:30 p.m. Flagmen shall be used to control traffic. Refer to “Attachment A” – Work Hour Restrictions for working hour requirements for each street or street category. 2018 Pavement Maintenance Project - Phase 2 Estimated Quantities Area 1 Area 1 Area 1 Area 3 Area 3 Area 3 Area 3 Area 3 Area 3 Area 3 Castine Meteor Dr Amulet Dr Pumpkin Ct Pumpkin Dr Pennington Ln Shannon Ct Cranberry Dr Elm Ct Holly Oak Dr Rumford to Gardena Castine to Mary Castine to Nathanson Pumpkin to End Cranberry Dr to Bubb Woodlark to Pumpkin Bubb to End Holly Oak to Woodlark Bubb to End Bubb to Cranberry Area (SF)72700 43546 37649 7000 24000 14600 16900 35,100 13,848 22042 1 Traffic Control LS ---------- 2 Crack Treatment LS ---------- 3 Micro Surfacing SY 8078 4838 4183 778 2667 1622 1878 3900 1539 2449 4 Install Blue RPM's @ Fire Hydrant EA 2 0 0 0 2 1 0 2 0 1 5 12" Yellow Crosswalk (Thermo)LF 0 0 0 0 100 0 0 0 0 0 6 12" White Crosswalk/Limit Line (Thermo)LF 20 40 25 0 0 0 25 0 20 25 7 24" White (Thermo)LF 0 0 120 0 0 0 0 0 0 0 8 24" Yellow (Thermo)LF 100 0 0 0 0 0 0 0 0 0 9 Striping Detail # 22 (Thermo & Markers)LF 365 0 0 0 0 0 0 0 0 0 10 "STOP" Legend (Preformed Thermo)EA 0 2 1 0 1 0 1 0 1 1 11 "SLOW" legend (Preformed Thermo)EA 2 0 0 0 0 0 0 0 0 0 12 SCHOOL" legend (Preformed Thermo)EA 2 0 0 0 0 0 0 0 0 0 13 "XING" Legend (Preformed Thermo)EA 2 0 0 0 0 0 0 0 0 0 14 "25" Legend (Preformed Thermo)EA 0 1 0 0 0 0 0 0 0 0 UNITBID ITEM NO. BID ITEM 116 2018 Pavement Maintenance Project - Phase 2 Estimated Quantities Area (SF) 1 Traffic Control LS 2 Crack Treatment LS 3 Micro Surfacing SY 4 Install Blue RPM's @ Fire Hydrant EA 5 12" Yellow Crosswalk (Thermo)LF 6 12" White Crosswalk/Limit Line (Thermo)LF 7 24" White (Thermo)LF 8 24" Yellow (Thermo)LF 9 Striping Detail # 22 (Thermo & Markers)LF 10 "STOP" Legend (Preformed Thermo)EA 11 "SLOW" legend (Preformed Thermo)EA 12 SCHOOL" legend (Preformed Thermo)EA 13 "XING" Legend (Preformed Thermo)EA 14 "25" Legend (Preformed Thermo)EA UNITBID ITEM NO. BID ITEM Area 3 Area 3 Area 8 Area 8 Area 8 Area 8 Area 11 Area 21 Area 21 Woodlark Way Cranberry Cir Leeds Ave Galway Dr Donegal Dr Jamestown Dr Linda Vista Dr Craft Dr Sorenson Ave Cranberry to Pennington Cranberry to End Primrose to Donegal Barnhart to Prospect Leeds to Primrose Prospect to Plum Blossom Dr McClellan to Hyannisport Finch to Sorenson Craft to Finch 20166 11440 21000 10020 26300 51,500 34,500 26,100 14,800 --------- --------- 2241 1271 2333 1113 2922 5722 3833 2900 1644 1 0 2 1 1 2 0 1 1 0 0 0 0 0 0 0 110 0 0 0 0 100 0 100 200 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 120 0 0 0 0 0 0 450 40 40 0 0 0 1 0 1 2 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 117 2018 Pavement Maintenance Project - Phase 2 Estimated Quantities Area (SF) 1 Traffic Control LS 2 Crack Treatment LS 3 Micro Surfacing SY 4 Install Blue RPM's @ Fire Hydrant EA 5 12" Yellow Crosswalk (Thermo)LF 6 12" White Crosswalk/Limit Line (Thermo)LF 7 24" White (Thermo)LF 8 24" Yellow (Thermo)LF 9 Striping Detail # 22 (Thermo & Markers)LF 10 "STOP" Legend (Preformed Thermo)EA 11 "SLOW" legend (Preformed Thermo)EA 12 SCHOOL" legend (Preformed Thermo)EA 13 "XING" Legend (Preformed Thermo)EA 14 "25" Legend (Preformed Thermo)EA UNITBID ITEM NO. BID ITEM Area 22 Area 8 Area 22 Area 22 Area 22 Area 22 Area 22 Area 40 Pendergast Ave Barnhart Pl Carver Dr Tuggle Tuggle Pl Johansen Dr Meiggs McClellan Pl Johnson to E End Galway to Jamestown Newsome to Tuggle Tuggle Pl to Wunderlich Tuggle to End Meiggs to Pendergast Tantau to Morengo McClellan to End 68,000 20,800 45,200 35,700 8,000 36,000 26600 8717 --------1 --------1 7556 2311 5022 3967 889 4000 2956 969 83581 0 1 0 0 0 1 2 0 21 0 0 0 0 0 0 0 0 210 130 0 0 25 0 0 0 20 730 0 0 0 0 0 0 0 0 120 0 0 0 0 0 0 0 0 220 0 0 0 0 0 0 0 0 895 4 0 0 1 0 0 1 1 20 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 1 0 4 TOTAL ESTIMATED QUANTITY 118 Attachment A - Work Hour Restrictions STREET NAME FROM TO Working Hours Castine Ave Rumford Dr Gardena Dr M-F 9:30 AM - 2:30 PM or when school is out of session Metero Dr Castine Ave Mary Ave M-F 9:30 AM - 2:30 PM or when school is out of session Amulet Dr Castine Ave Nathanson Ave M-F 9:30 AM - 2:30 PM or when school is out of session Pumpkin Ct Pumpkin Dr End M-F 9:30 AM - 2:30 PM or when school is out of session Pumpkin Dr Cranberry Dr Bubb Rd M-F 9:30 AM - 2:30 PM or when school is out of session Pennington Ln Woodlark Way Pumpkin Dr M-F 9:30 AM - 2:30 PM or when school is out of session Shannon Ct Bubb Rd End M-F 9:30 AM - 2:30 PM or when school is out of session Cranberry Dr Holly Oak Dr Woodlark Way M-F 9:30 AM - 2:30 PM or when school is out of session Elm Ct Bubb Rd End M-F 9:30 AM - 2:30 PM or when school is out of session Hooly Oak Dr Bubb Rd Cranberry Dr M-F 9:30 AM - 2:30 PM or when school is out of session Woodlark Way Cranberry Dr Pennington Ln M-F 9:30 AM - 2:30 PM or when school is out of session Cranberry Cir Cranberry Dr End Leeds Ave Primrose Way Donegal Dr M-F 8:00 AM - 4:30 PM Galway Dr Barnhart Pl Prospect Rd M-F 8:00 AM - 4:30 PM Donegal Dr Leeds Ave Primrose Way M-F 8:00 AM - 4:30 PM Jamestown Dr Prospect Rd Plum Blossom Dr M-F 8:00 AM - 4:30 PM Linda Vista Dr McClellan Rd Hyannisport Dr M-F 8:00 AM - 4:30 PM Craft Dr Finch Ave Sorenson Ave M-F 9:30 AM - 2:30 PM or when school is out of session Sorenson Ave Craft Dr Finch Ave M-F 8:00 AM - 4:30 PM Pendergast Ave Johansen Dr E End M-F 8:00 AM - 4:30 PM Barnhart Pl Galway Dr Jamestown Dr M-F 8:00 AM - 4:30 PM Carver Dr Newsome Ave Tuggle Ave M-F 8:00 AM - 4:30 PM Tuggle Ave Tuggle Pl Wunderlich Dr M-F 8:00 AM - 4:30 PM Tuggle Pl Tuggle Dr End M-F 8:00 AM - 4:30 PM Johansen Dr Meiggs Ln Pendergast Ave M-F 8:00 AM - 4:30 PM Meiggs Ln Tantau Ave Morengo Dr M-F 8:00 AM - 4:30 PM McClellan Pl McClellan Rd End M-F 8:00 AM - 4:30 PM 2018 Pavement Maintenance Phase 2 Project 2019-102 119 DR HOLLY OAK DR SHANNON CT SEPT EMBERAVEORANGEIMPERIALBEARDON DRN STELLING RDLAVINA CT VISTABYRNE AVERDMcCLELLAN RD DOLORES AVE N PORTAL AVECT BOLLINGER RD STEVENS CREEK BLVD GREENLEAF CTMINE CT STEVENS CREEK BLVD S TANTAU AVEN STELLING RDTAMARIND CTAVE E ESTATES DRJOLLYMAN LN SQUIREWOOD WAY ALVES DR SPRING CTSPRING CTLOMITADR PLJANICE AVECTWAY C TUNITED ALVES DRMARCY CTDR TULITA CT STEVENS CREEK BLVD WEYBURN LNBEARDON DRFT BAKER DRWILKINSON AVEMADRID RDDA VISTA PLDR AINSWORTH CRESTON VENTANA DRGROVELANDDR RD ROSESAGES STELLING RDPEPPER TREEFLORA CARRIAGE CIR COUNTRY LIN D YLINDY LN DRCHADWICK PLSTVISTA DRD R CLIFF CIR F A L L C T O C T O B E R A U G U S T LN F IE S T ACRA NBERRYFESTIVAL CT BUBB RDELM CT OAK MEADOW CT LNMORNINGEVENINGFALL CREEKCOPPERRAINTREEFOREST SPRING CT SEVENSUNSETMARIANI AVE YONHERON AVEDE PALMA LN DR FINCH AVESUISUN DR PACIFICA DR FARALLONE DRNILE DRINFINITE LOOPLINDY LNCTREGNARTPLMTCREST DRMERRIMAN RDRIVERSIDE SANTA LUCIA RD STEVENS CANYON RDSILVER OAK CT SILVER OAK LN LONG OAK LNQUEENS OAK CT LAZANEO VIRGINIADR VILLA DEANZAAVEKENT W O O D AVEDUMAS DRVISTADRHUNTERSTONPLS STELLING RDMI LKYWAY ROBI NDELLWAYDRDRYORKSHIREDR BELKNAP CTBELKNAP DRDR DRGLENCOEGLENCOEDRBIANCHI WAYORLINE CTHILLS LNTUSCANY PLLOCKFORD CT HOLLANDERRY PL CRESTLINE DRCANDLELIGHTWAYKINGSBURY PL MOLTZEN DR SC OTLAND SPRING CTSPRING CTSEVEND R EATON PL KINST CT CLOVERLY CTRIVERCREST CT TOMKI CT UPLAND CT LA PALOMA DR DR VISTA LOMITA AVECARMONA CTRIFREDI CT BYRNE CT ALCALDE RDCRISTOREYPL TILSON LNTWIG JUDY AVELOREE AVE LOREE AVE STERLING BLVDAV E LN BRET AVESTERN AVEDRMORETTIMENHARTWUNDERLICH DRCALVERTDRJOHNSON AVEAVE BUCKTHORNEWAYLONGFELLOWWAYCALABAWRIGHT AVEKIMBERLYPOCATELLO A V E LAURENTIANSHATTUCK HYANNISPORT DR HYANNISPORT DRCRESCENT CTCENT AMELIA CTSTONYDALE DRSTRDAINSWORTHCTRD D E A N C TCTALDERNEY CTCTVIA ST CAROLINE DR MADERA DR DEXTER DR ANSONEMPI REAVETOWN STATE H W Y 85 CENTER LN McCLELLAN RD ESTATESLN PHIL PINNTAGE PKWYPARISH PLOAKDELL PL WOODBURY DR CT CORTE MADERA LN MONTE CT HERMOSA AVE SEVEN SPRINGS DR RUNO CT RALYA CT AVELOREE COZETTE LN ANNE LN ORANGE BLOSSOM DR WAYWAYMI L L ER AVEMILLER AVEN TANTAU AVEALLEY ALLEYMcCLELLAN PLFOUNTAIN BLUE APTSAVE TILSONN WOLFE RDPRUNERIDGE AVE N TANTAU AVEFINCH AVESHADYGROVE CTWAYONDA SLASWAY NANCY CT CHERYL DR TERRY WAYPARADISE DRTONITAWAYWESTACRESDRBONNY DRBONNY DRLN S DE ANZA BLVDBROOKVALEC R E S T O N DR BERKELEY CTFITZGERALD DR S T O K E S A V E UNIVERSITY WAY SANTA CL ARAHOOSHANG CTC TBUBB RDBUBB RDLAWRENCE EXPWYINTERSTATE 280 WEST V AL L EY WEST VALLEY W EST F W Y VALLEY W EST F W Y W E S T V A L E Y F W Y ORANGEWOOD ST VALLEY CIRCT AVE MEDICUS CT STARRETT CT STERLING BLVDBARNHART AVE AVEPENDERGASTDR S P RIN G S P K WY HOWARDDRHANCOCK DR BALDWIN DR MACKENZIEDRDAWSONDRGRINELL CTSTRAYER DRWUNDERLICH DRLOWELLDRLAHERRANDRDR DR DR DR BANDLEYDRVALLEY GREEN DR PENI NSUL A AVES OU T H S H O R E C T ASTERSEEBER CT STAU DR PEACH BLOSSOM MELODY LN SHASTA WESTMOOR WAYLOCKWOOD DRLOCKWOODJUAN REGNARTREGNART WAYUPLANDRAINBOW LNDOROTHY ANNE WAY LILY CTANN ARBORAVED RPEBBLE PLAMULET PLA M U L E T GRAPNEL PLCASTINEESQUIRE PLDR D R METEORPLMcCLELLAN RD PARK PARKMELLO PLRICHWOOD CT WHITNEYWAYCLIFDENWAY GILLICK MARTINWOODWAYLYNTON CTFARALLONE DRFARALLONE DRLA RODALARODADAVISO NAVERAM PART AVECLIFFORD DR AVEBETTEBETLINAVECTBRENTDISNEY LN BROOKGROVELNFERNGROVEDRWILLOWGROVELNHYDEAVE W A Y ARATALOREES TANTAU AVETILSON JOHANSENCT MURIEL LN JOHNSON AVEJOHNSON AVEPROUTYWAYBOLLINGER RD KIMBERLY ST HUNTINGTONGLENVIEW AVEWAY HUNTER CARVERAVE NEWSOM GASCOIGNE DRDRAVE NEWSOM DRHANNASTEVENS CREEK FWYMARIANI AVE LAZANEO DR SWANW A Y S BLANEY AVEN BLANEY AVELUBEC ST DRWESTERNDR SOLA STTULA LNCALI AVE BILICH PLTONI CTMYER PLWHEATON DR MILFORDMARY AVEAVENATHANSONMETEOR MILLARD LN AVE HART CTOAK GREEN DR ANN CT AVE COLUMBUS ANN ARBOR CTGARDENSIDE DR FARMINGHAM WAY CHELMSFORDDR FALLENLEAF LN FALLENLEAF LN LN STANFORD PL ROLLINGDELL ANNETTE WAYROLLINGDELL CTKENTWOOD AVECHASELNCOLONY MERRITT DRORANGETREE CTJUNIPERO SERRA FWY OLIVEWOOD ST DRAKE DR GARDENSIDE CIR CANDLEWOOD COTTONWOODCTPERIMETER RDPERIMETER RDRDPERIMETERSPRING CTVISTAPALOWOODRIDGE CTCAMINO VISTADUBON AVE S FOOTHILL BLVDRDSAN NORMANDY NEWCASTLE WAY ENGLISHOAKWAYPOPPY DRPLHENEYC R E E K WUNDERLICHCASSBAHL STALPINE STARLING FOOTHILL BLVDHARTMAN DR CHACE DRPL DR C R A N B E R R Y MARIA ROSA WAYSANTA TERESA DRDR AVOCADO PLCOLD HARBORAVERICHWOODDRE ESTATES DRVICKSBURGDRVICKSBURG DR HALL CT EDWARD ATHERWOOD AVEATES DRLA MAR CT MILLER AVECANDLEWOODDRCT WAY LN DR STENDHAL LNCHELMSFORDDRBARRINGTON BRIDGE LNCT ASHBOURNE CT MACADAM LNANN PLBRENDA CT PORTAL PLZ BYRNE AVELINDENBROOK WILLOWBROOK WAYW ESTATESE ESTATES DRBROOKWELLD R ALDERBROOKBLAZINGWOOD AVECOTTONWOODDRLNMY R T L E W O O D D R BLUE HILL DR BLUE HILL VIA VICO GOLDEN GATE DRCHIALA LNDR WEYBURN LNDRDR JOHN LN JANICE AVE RIVIERA RDCIRSCENICSCENIC LN RAE CLEARWOOD M cC LELLAN COLUMBUS RUCKER DR AVE CASTLETON WAY EVULICH CT BAXLEY CT ROSARIODRYDEN AVEVISTALEAVESLEYAVE CIR V IE WSPANISH OAK CTLAZY OAK CT CARTA BLANCACARNOUSTIE CT BALUSTROL CT McCLELLAN PALM SOUTH IN T E R S T A T E 2 8 0INTERSTATE 2 8 0 TRESSLER CT ECHO HILL CT CLASSIC CT ST ANDREWS AVECORDOVA RDA L P IN E ORCHARD CT DR H U B B A R D A V E HUBBARD AVEG I A N N I N I D R GIANNINI DRMEADOWAVECARLYSLE AVE HUDSONDR HILLSDALE CT S U L L I V A N DR HYDE AVEHYDE AVEHARLANDR TOMPKINS DR AMAPOLA CASTANO DRNARCISO CTOLMO CTLARKLINNETKILLDEER CTSHETLAND PL LUCILLE AVE S BLANEY AVEWEYBURN LNFARG O HAN FORD GAR DE N GATE DRMAXINE AVEDR AVONDALESTWINDSORSTARLINGTONMELVIN DRCYNTHIA LNJACQUELINE WAYAVONDALEWINDSORLNSTLINDY INTERSTATE 280 IN T E R S T A T E 2 8 0 INTERSTATE 280 INTERSTATE 280 PRING CT PARKWOOD DR PRUNERIDGE AVE ACCESS VALLEY A V EA V E MARY AVERUMFORD G R A N D BUBB RDALHAMBRAA V E N O E L A V E LAWRENCE EXPWYROSEMARIE PL CRAFTDR SORENSON AVE GREENWOOD DR SILVERADO AVE CLAY ST REGNART RDCANYONKESTER DRMIR A M O N TE R D RICARDO RD REGNART RDDRPLMCKLINTOCK LNMcCLELLAN RDMcCLELLAN RDDEEPDRRD CLUB HOUSE LNSAN LEANDRO AVESANTA P A R T H R E E D R SCENIC CTPLPACIFICA DRSAN FERNANDO AVESANFERNANDO L N RAINBOW DR FOLKESTONE WELLSPRING CTGREEN DR ACCESS VALLEY DR MERRITT DRCT AVEN WOLFE RDN WOLFE RDAMHERST INTERSTATE 280 INTERSTATE 280 LAWRENCE EXPWYAPPLE TREE CHERRYTREE LNLNHOWARD MILLER AVEPHIL CALLE DE BARCELONA ZAS CIR JOHNSON AVETUGGLE PLMORENGOS TANTAU AVELAWRENCE EXPWYL O N G F E L L O WSTATE HWY 85PENINSULAR AVE S P R IN G SPRING CTCTDE A N Z A STEV E N S C R E EK F W Y CIR SNDREA RDDE ANZA CLARKSTON AVEPALOS WILKINSON AVELINDALA PALOMA DRCOLUMBUS FLINTSHIRE ST L N BUBB RDBUBB RDSTMONROVIALA P L A Y A C T R D R E G N A R TTERRA BELLA DRPARISH PLDRRANDYLNCHAVOYA DR CAROL LEE DRJOSEPH CIR RANCHRDCRABTREE J U N IP E R O S E R R A F W Y CYNTHIA AVEJOHNSON AVEAVETUGGLE MINETTEDRDRDR CHELMSFORD DREDMINTONPHIL PLD R BIANCHINI LNBAXTER AVEBOLLINGER RD BOL LIN GE R RDN FOOTHILL BLVDN FOOTHILL BLVDN FOOTHILL BLVDS FOOTHILL BLVDSTEVENS CANYON RDLOZANO LN M IS S IO N W A YDUCKETT WAY SHARON DRTRIUMPHPROSPECT RD LOCH LOMOND WAYDEVON WAY DR CORONADO DR BARK LN DRDRBECKER LNS DE ANZA BLVDN DE ANZA BLVDN DE ANZA BLVDFINCH AVERODRIGUES AVEDANUBE DRAVETORRELAS ONDAS RD CHANTEL CT W EST VALEY F W YGREENGREENLEAF DUN BA R ACADIA CT DR PLINTERSTATE 280INTERSTATE 280 JUNIPERO SERRA FWY PLN DE ANZA BLVDINFINITE LOOPRANDYWAYLNVISTA DRN BLANEY AVEBAYWOOD DRPEAR TREE LNBAYWOOD DRCTDEODARA DRAUBURN TWILIGHT CT AVEFOREST DENISONCOLBYMCLAREN PLSCOFIELD DR SUNRISE DR RODRIGUES AVE SHELLY WHEATON DR N BLANEY AVEN PORTAL AVESTEVENS CREEK BLVD ELENDA DR JUNIPERO SERRA FWY INTERSTATE 280 SAICHWAYBANDLEYDRPARLETTWILL CTWOODHILL CT SIERRASEVENPINEBROOK LNWE S T S HOR E CT RIDGE CREEK CTWALNUTPALMOLIVEVINEYARDOAKBIRCHSPRING CTINTERSTATE 280 SPRING CTPARKCTSPRI NGSDRSPRING CTSPRING CTSPRING CTJUNIPERO SERRA FWY INTERSTATE 280 INTERSTATE 280 DANIEL WAY MONTCLAIRDRHILLSDALE AVEHILLSDALE AVEFULTON CTRAINBOW DR RANDOLPH AVE CODY CT DE SOTO AVE MAGELLAN AVE LASALLEAVEVALLCO PKWYLARRYWAY CT FRIARSL N PALOMA RD C A N Y O N R A I N B O W C T SEVEN SE V E N S P R IN G DR McGREGOR WAYDARTMOOR E D DIN G T O N P L S BLANEY AVEWINDSOR WAYKINTYREWAY PAULA AVE AVE SARATOGA VILLA PLWILDFLOWER PLUMLNDR WAY DR CTWATERFORD DR L E E D S AVE LNBARNHART PRIMROSEDRD O N E G A L DR P L GALWAY DRPROSPECT RD SARATOGA SUNNYVALE RDWO OD FFER LN STEVENS CREEK BLVD SPRING CT CTSPRING CTBELLA PLVERDEOREPL CTGLENTREE DR BOLLINGER RDMILLER AVES DE ANZA BLVDMANN DRMANN DRKIRWIN LNCTWILSONDRAVEAVEGRANADA AVE IMPERIALPASADENAAVEOLIVE AVE MURANO CIR STEVENS CREEK BLVD BYRNE AVEALMADEN AVE OAKVIEW LN DR DRAVEWINSTON WAYV I L L A CIRCIR VILLAPARK V I L L A CIR RANCHO LILAC AVELILY L IL A C C T CTF E S TIV A L DR ROSE BLOSSOM DRRESULTS WAY DRDRL E O N G C T DR GARDENA DR GARDENA CTHALE PLDR AVEGRENOLA DR HAZELBROOK DR LAURETTA CTDRFENWAY WAYALVES DR ANTONLILY AVE DR WEYMOTH DRLN SQUIREHILL CT MANITA CTELMSFORD DRWEST HILL CTWEST HILL LN HOLLYHEAD LNPLBERLAND CT SHADOWHILLCREEKLINEDRPENNINGTON LNWOODLARK WAY K R Z IC H AVE DRPUMPKIN C IR ORION LN LUNAR CT DERBYSHIREADELHEID CTB LVDHILLCREST BREWER AVECHISHOLM AVED E M P E S TE R GREENLEAF CHRISTENSEN McCLELLAN RDADRIANAPLDRLAP PHAR CREEK CT AVEDRSANTA TERESA DRTERRACE DRCARMEN RDPLRAMONA CTGLE N PL DRROCK SPRING SPRING CTSPRINGS LNSUNRISE DR LN RAINBOW DRRUPPELL PLGARDENSIDEKIM STLONNAWAYFELTONWAYBLOSSOM LN ERIN WAY KIRWIN RAINBOW DR GALLI CT GALLI PHYLLIS AVE LINDY LNSTW RIVERSIDE WAY MASON WAY S BLANEY AVECLARENDON ST S DE ANZA BLVDBOLLINGER RD S BLANEY AVEBELVEDERELN EDSEL DR MILLER AVECRAIGLANCERDRDRLNCORVETTEDR DANBURYDR JUDY AVEBRET AVEDROAKTREEDRWHITEOAKDRGREENOAK DR BIGOAK DR BIGOAK CTKIM STVERNIE CTDE FOE DR DUMAS DR WESTLYNNDE LA FARGE DR HEATHERWOOD DR BOLLINGER RDLN JOHNGLENVIEW AVE GLENVIEW AVELANDSDALEAVELINDSAYAVEOAKVILLE AVEOAKVILLE AVEPINEVILLEAVEAVE SUTTON PARK PL MEIGGS LN PRICE AVE BIXBY AVE WINTERGREEN DRS PORTALAVELA MAR DR LA MAR DR CT DRS BLANEY AVEJOHN DRPINOLE CTS DE ANZA BLVDCIR WAY YOSHINO PHIL CTWUNDERLICHDRLN BENTOAKRAINTREE CTLAWRENCE EXPWYRAINTREE DRDR BOL LIN GE R RD MANOR CTSHARONINTERSTATE 280 CIVIC PARK LN PARK GREEN LNMARY AVEPARK CONGRESS PLPATRIOT WAY SENATE WAYFREEDOM DR PLPARKWOOD DR MARY AVETULA CT FAIRWOODS CORY RIDGE LN B L OS S OMDR McCLELLAN RD KENMJOLLYMAN DRS STELLING RDH U N TW ALLIN CTCATALANO CT STEEPLE CLEO AVE GARDEN MANOR CT PLACE CT GARDEN TERRACEDRGARDEN CREST CT SPRINGS SILVERSPRING CTCEDARSPRING CTCTSPRINGBRI DGELAKE SPRING CTORCHARD SPRI NG L NORCHARD SPRING CTSPRING CTTIMBERVILLA MARIA CT SUNDERLAND DR ASTER CT SPRINGCTSHASTAPLACERCLIFFORD DR E E S T A T E S D R EESTSHADYGROVE BARNSTENDHAL LNSEVILLECORTE DEMADRIDCORTE DEDRMINETTEPL D RSTERN AVEVALLCO PKWY PARKVIEW CT MAPLEWOOD RDROSEWOOD RDGREENLEAF DR CARTWRIGHT WAY REINELLPLS DE ANZA BLVDCUPERTINO CITY CENTERCOMPLEX VOSS AVE MERRIMAN RDROYAL OAK WAY SALEM AVE AMADOR OAK CTWEEPING OAK CTSWAN OAK LNLIBERTY OAK LNBYERLY CTQUINTERNO STOCKLMEIRCT CARMEN RDBELLEVUE AVE NORTH S FOOTHILL BLVDMARIANIST WAYMEADOW PLLEOLA CTPLSAKURA CT GREENWOODLINDA ANN CT BENNETTI CT CTMEYERHOLTZRODRIGUES PARKSIDE LNLINDA DEEPROSE PLBRITTANY CTLAS ONDAS CT MALVERNCTNORMANDY CTSOMERSET CTSOMERSET OLD TOWN CTNEW HAVEN CTPROVIDENCE CTLIBERTY CTPRESIDIO CTMICHAELANTOINETTE DRW A Y PATRIC CT LA RODA CT BLA C K W O O D D R HARLANCTCAPRIWAY DE VILLEWAYCTCHARLENE ALDERBROOKIMPERIAL WAY CATALINA CTPALOS VERDES CTREDONDO CTMONTEREY CTLA JOLLA CTADDINGTONCTCREMTSTSANTA CANYON VISTADRCANGARDEN CT CTJAMESTOWNS S T E L L I NG RDLN C R E S CLEARS BLANEY AVECT CAMARDA HOGUE CT VISTA CT GASCOIGNE DRCULBERTSONLINROSE GARDENDE FOE DRCLIFFELEBANON DR VISTAMIRAAVEVISTAMIRARDBLANEY CTPRADO VISTA DRWAYJAMES TOWNVAL L EY WEST FWYUPLAND WAYWOOLEY WAY CRAIG CT RD C A R M E N CYPRESS DRPLUMTREE LNJUNIPERO SERRA FWY PRUNERIDGE AVE JUNIPERO SERRA FWY STEVENS CREEK BLVDSTEVENS CREEK BLVDN PORTAL AVERIEDEL PLPLWHITEFIRNOBLE FIR RED FIR ERLAND AVESUTHCOLLINGSWORTH ST SEPTEMBER DRNOVEMBERNOONAN CT SAN FERNANDO AVE ALCAZAR AVE ELDER W O O D CTSILVEROAK WAY RANCHOVEN T UR A ST CUPERTINO RD SALE M AVE VICEROY CT D R VISTA KN OLL BLVD O A S IS C T KENDLERONALD WAYTERRACE DRBEL AIRE CT CONRADIA CT ACCESS VALLEYGREEN DR PARK CIR EBEEKMAN PL (PVT) CEDAR TREE LN PEACH TREE LNPRUNETREE LNPEARTREE CTFIG TREE CTMERRITT DR DRAKE CTCOLBY AVEDENISON AVENORWICHBARBARA LNBEARDON DRPARK CIR WMINERT R I N I T Y S P R I N G C T PINEBROOK CTCTM E DIN A CT DRWALNUT CRRANCHO ASTERWILDFLOWER CTWAY FLOWER CT BLOSSOM DR POPPYVOSS AVE RENCEDRFLO STOKES CAMINO DRA V EVIEW LNCTM E A D O WCREEKSIDE CT OAKNOLL M A NN DR GARDEN VIEW LN AVEMINAKER CTOROGRANDEJEANETTE CT CHARRAINBOW DRELMSFORD DRC T OBSIDIAN CTN O VEM BER VAI AVE VARIAN WAY LIN DA VISTA DR BEAVEN DRDOS PALOSBERKSHIRECTWESTMINISTER ANTHONYPLOAKCREST CTOAKLEAF OAKLEAF CT PUMP K I N CT STAFFORDGRANADA AVE TIPTOE RAINBOW DR LN PERIMETER APRICOT CT BERRY CTSTEVENS CREEK BLVD BLANEY AVEALCAZAR AVE ¯ Location Map2018 Pavement Maintenance Phase 2 Project Area City Boundary City of Cupertino I 0300 Torre Avenu e Inspector's Document: CIPF09-07 I Cupertino, CA 95014-3202 T elepho ne:408-777-3354 , Fa x :40 8-777-333 3 CONTRACT CHANGE ORDER FORM w/ CM Change Order#: 2 TO: Graham Contractors PROJECT: 2018 Pavement Maintenance Project -Phase 2 (City Project No. 2018-102) Change Requested By: City of Cupertino You are hereby directed to make the here in described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract: Adjust to final quantities. Add striping items Item No. Description Unit Quantity Unit Cost Total Cost 3 Micro Surfacina SF 1 ,014 $2 .09 $2,119 .26 4 Install Blue RPM's @, Fire Hydrant EA 22 $25.00 $550 .00 5 12" Yellow Crosswalk (Thermo) LF -210 $5.00 -$1,050 .00 6 12" White Crosswalk/Limit Line LF 114 $5.00 $570 .00 7 24" White (Thermo) LF -1 $10.00 -$10.00 8 24" Yellow (Thermo) LF 6 $10 .00 $60.00 9 Striping Detail# 22 (Thermo & Markers) LF -62 $3.60 -$223.20 10 "STOP" Legend (Preformed Thermo) EA -1 $995 .00 -$995.00 16 CCO 1 -6" White Thermo LF -203 $2.75 -$558.25 21 CCO 2 -Striping Detail # 25A LF 50 $3 .00 $150.00 22 CCO 2 -4" Blue Thermo LF 144 $5.00 $720.00 this change order total: $1,332 .81 Previous Change Order Amount: $ 17,645.25 -----------Tot a I Cost This Change Order: $1,332 .81 -----------Tot a I Changes To Date Including This Change Order: $18,978.06 -----------0 rig in a I Contract Amount: $ 290,769 .29 ----------..... Revised Contract Amount: $309,747.35 1------...------- Contract Ti me Adjustment: L.. ____ o:J..,_W.,_o=r"'"'k"'"'in .. q-=Dc..aa""y""'s We, the undersigned Contractor , ha ve gi ven ca reful consideration to the change proposed and hereby agree , if this proposal is approved , that we will provide all equipment , furnish all mater ia ls , except as otherwise be noted herein , and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown herein. Note: This Change Order is not effective until approved by the Town Manager. Accepted, December 7th '2018' Contractor: Graham Contractors Date: ______ _ By : John Waiters , Title: Project Manager If the Contractor does not sign acceptance of this Change Order, hi s attention is dire cted to the requirements of the specifications as to proceeding with ordered work and filing a written protest with in the time therein specified. Recommended By: Date: November 30 , 2018 , 2018 Construction Manager: Approval Recommended : n:oa ~ Sf\f2_; (/ 0~ --~-......_P.._r .... oj'""ec'""t """M""an"""a-;cit+-r""'s""'(g-'n""'at""ur.a...eaa....a"---=-- Date: , 2018 Approval ~ Recommended: _, P-uhliorksW?c tor/City Engineer Signature 12 /r f/r 'i Date: , 2018 ~ Approved : ~ (~ Date:\ , 2018 \ \ Cit y Manager Signa tur e 18-250 CITY OF Cupertino 2018 -October PROGRESS BILLING -PP #2 BASE BID ITEM NO. DESCRIPTION UOM 1 TRAFFIC CONTROL LS 2 CRACK TREATMENT LS 3 MICRO-SURFACING SY 4 INSTALL BLUE RPMs@ FIRE HYDRANTS EA 5 12" YELLOW CROSSWALK (THERMO) LF 12" WHITE CROSSWALK/LIMIT LINE 6 (THERMO) LF 7 24" WHITE (THERMO) LF 8 24" YELLOW (THERMO) LF STRIPING DETAIL #22 9 (THERMO/MARKERS) LF 10 "STOP" LEGEND (PREFORMED THERMO) EA 11 "SLOW" LEGEND (PREFORMED THERMO) EA "SCHOOL" LEGEND (PREFORMED 12 THERMO) EA 13 "XING" LEGEND (PREFORMED) EA 14 "25" LEGENGD (PREFORMED) EA 15 CC01 -YIELD SYMBOL EA 16 CC01 6" WHITE (THERMO) LF 17 "HANDICAP" (PREFORMED) EA 18 "NO PARKING" (PREFORMED THERMO) EA 19 ADDITIONAL TRAFFIC CONTROL DY 20 5% MARK UP LS 21 CC02 -STRIPING DETAIL #25A LS 22 CC02 -4" BLUE THERMO LS CONT. AMT 1 1 83,581 21 210 730 120 220 900 20 2 2 2 4 1 1,100 2 2 4 1 50 144 UNIT PRICE $50,000.00 $24,900.00 $2 .09 $25 .00 $5.00 $5.00 $10 .00 $10.00 $3.60 $995.00 $1,025.00 $1,565.00 $1,040.00 $540.00 $1,224.00 $2.75 $588 .00 $630.00 $1,307.50 $840.25 $3.00 $5 .00 TOTAL 5% LESS RET: TOTAL: AMT $50,000.00 $24,900.00 $174,684 .29 $525.00 $1,050.00 $3,650 .00 $1,200.00 $2,200.00 $3,240.00 $19,900.00 $2,050.00 $3,130.00 $2,080.00 $2,160.00 $1,224.00 $3,025.00 $1,176.00 $1,260.00 $5,230.00 $840.25 $150.00 $720.00 $304,394.54 $15,219.73 $289,174.81 Billing to Date QTY Unit Price Totals 1.00 $50,000 .00 $50,000.00 1.00 $24,900.00 $24,900.00 84,595.00 $2.09 $176,803.55 43.00 $25.00 $1,075.00 0.00 $5.00 $0 .00 862.00 $5.00 $4,310.00 119.00 $10.00 $1,190.00 706.00 $10.00 $7 ,060.00 838.00 $3.60 $3,016.80 19.00 $995.00 $18,905.00 2.00 $1,025.00 $2,050.00 2.00 $1,565 .00 $3,130.00 2.00 $1,040 .00 $2,080.00 4.00 $540 .00 $2,160.00 1.00 $1,224.00 $1,224.00 897.00 $2.75 $2,466.75 2.00 $588.00 $1,176.00 2.00 $630.00 $1,260.00 4.00 $1,307.50 $5,230.00 1.00 $840.25 $840.25 1.00 $3.00 $3.00 1.00 $5.00 $5.00 TOTAL: $308,885.35 5% LESS RET: $15,444.27 TOTAL: $293,441.08 OCT QTY Unit Price 0.50 $50,000 .00 0.00 $24,900.00 589.00 $2.09 43.00 $25.00 $5.00 862.00 $5.00 119.00 $10.00 706.00 $10.00 838 .00 $3 .60 19.00 $995.00 2.00 $1,025.00 2.00 $1,565 .00 2.00 $1,040.00 4.00 $540.00 1.00 $1,224.00 897.00 $2.75 2.00 $588.00 2.00 $630.00 4.00 $1,307.50 1.00 $840.25 1.00 $3.00 1.00 $5.00 OCT SUB-TOTAL: 5% LESS RET: Total due this invoice: Totals $25,000.00 $0.00 $1,231.01 $1,075.00 $0.00 $4,310.00 $1,190.00 $7,060.00 $3,016.80 $18,905.00 $2,050.00 $3,130.00 $2,080.00 $2,160 .00 $1,224.00 $2,466.75 $1,176.00 $1,260.00 $5,230.00 $840.25 $3.00 $5.00 $83,412.81 $4,170.64 $79,242.17