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20-107 Granite Construction Company, McClellan Rd Separated Bikeways Phase 2, Project No. 2017-01.07McClellan Rd. Separated Bikeways-Ph. 2 CONTRACT 2017-01.07 Page 1 Contract This public works contract (“Contract”) is entered into by and between the City of Cupertino (“City”), a municipal corporation, and Granite Construction Company (“Contractor”), for work on the McClellan Road Separated Bikeways-Phase 2 (“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 July 21, 2020, City authorized award of this Contract to Contractor for the amount set forth in Section 4 below. 2.Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract: 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment Bond, and Performance Bond; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Award; 2.12 Notice to Proceed; 2.13 The following: No other documents 3.Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $1,387,292.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5.Time for Completion. Contractor will fully complete the Work for the Project within 60 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 $1,500.00 per day for each day of 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. Attachment A McClellan Rd. Separated Bikeways-Ph. 2 CONTRACT 2017-01.07 Page 2 7. Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code section 1725.5, subject to limited legal exceptions. 8. Workers’ Compensation Certification. Pursuant to 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 requirement or in violation of any California law, including Government Code section 1090 et seq., or 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 requirement 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. McClellan Rd. Separated Bikeways-Ph. 2 CONTRACT 2017-01.07 Page 3 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Name: City of Cupertino Address: 10300 Torre Avenue City/State/Zip: Cupertino, CA 95014 Phone: (408) 777-3354 Attn: Director of Public Works Email: johnr@cupertino.org Copy to: PWInvoices@cupertino.org Contractor: Name: Granite Construction Company Address: 715 Comstock Street City/State/Zip: Santa Clara, CA 95054 Phone: (408) 327-7000 Attn:_______________________________________ Email:______________________________________ Copy to:____________________________________ 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedures Section 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside Santa Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents, 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 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public McClellan Rd. Separated Bikeways-Ph. 2 CONTRACT 2017-01.07 Page 4 Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. [Signatures are on the following page.] McClellan Rd. Separated Bikeways-Ph. 2 CONTRACT 2017-01.07 Page 5 The parties agree to this Contract as witnessed by the signatures below: CONTRACTOR GRANITE CONSTRUCTION COMPANY By Name_______________________ Title Date _______________________ By Name_______________________ Title Date _______________________ CITY OF CUPERTINO A Municipal Corporation By ___________________________ Deborah Feng City Manager Date ________________________ APPROVED AS TO FORM: By ____________________________ Heather Minner City Attorney Date___________________________ ATTEST: _____________________________ Kirsten Squarcia, City Clerk Date___________________________ _ Contract Amount: _________________ P.O. No. ________________________ Account No. _____________________ END OF CONTRACT SVP & Chief Financial Officer Aug 5, 2020 Jigisha Desai Heather M. Minner Aug 20, 2020 Deborah L. Feng Aug 20, 2020 Aug 20, 2020 Sent via e-mail July 22, 2020 Granite Construction Company 715 Comstock Street Santa Clara, CA 95054 SENT VIA E-Mail Karim.Massoud@gcinc.com; Teresa.Rothney@gcinc.com Re: NOTICE OF AWARD 2017-01.07-McClellan Road Separated Bikeways-Phase 2 Dear Karim: The City of Cupertino (“City”) is pleased to inform you that Granite Construction Company (“Contractor”) has been awarded the Contract for the above-referenced Project (“Project”), for the Contract Price of $1,387,292.00, based on your Bid Proposal submitted on June 30, 2020. A copy of the Contract is enclosed for your reference. Cupertino has modified its contract procedure to only accept digitally signed contracts, so you will receive a digitally signable version in a separate e-mail. Please provide one copy each of the following required documents: Payment Bond, Performance Bond, and insurance forms and certificates and endorsements. The digitally signed contract and other required documents are due to the City no later than ten days from the date of this Notice of Award. Failure to execute and return the enclosed Contract and required bonds and insurance documentation within the specified time could result in rescission of the award and forfeiture of Contractor’s bid security. Please acknowledge receipt of this Notice of Award by signing the attached Acknowledgement of Notice of Award, as indicated, and transmitting the Acknowledgement to my office via email at: johnr@cupertino.org. Do not hesitate to contact me if you have any questions in this regard. Sincerely, John Raaymakers Public Works Project Manager Enclosure Acknowledgement of Notice of Award On behalf of Granite Construction Company (“Contractor”), I acknowledge receipt of the Notice of Award for the McClellan Road Separated Bikeways-Phase 2 Project: s/_________________________________ Name: _____________________________ Title: ______________________________ Date: ______________________________ Aug 5, 2020 SVP & Chief Financial Officer Jigisha Desai McClellan Road Separated Bikeway Ph 2 Final Audit Report 2020-08-05 Created:2020-08-05 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAUrwBEwuJwCVMLt8eTOQ8H7Gjq_oNmt-s "McClellan Road Separated Bikeway Ph 2" History Document created by Julia Kinst (juliak@cupertino.org) 2020-08-05 - 9:27:23 PM GMT- IP address: 64.178.242.16 Document emailed to Jigisha Desai (jigisha.desai@gcinc.com) for signature 2020-08-05 - 9:28:42 PM GMT Email viewed by Jigisha Desai (jigisha.desai@gcinc.com) 2020-08-05 - 10:29:09 PM GMT- IP address: 12.130.90.24 Document e-signed by Jigisha Desai (jigisha.desai@gcinc.com) Signature Date: 2020-08-05 - 11:12:10 PM GMT - Time Source: server- IP address: 12.130.90.17 Signed document emailed to Jigisha Desai (jigisha.desai@gcinc.com) and Julia Kinst (juliak@cupertino.org) 2020-08-05 - 11:12:10 PM GMT Revised: July 13, 2020 – Public Works Contracts 1 Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s (“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement (“Contract”), includes immediate compliance by Contractor and its subcontractors with the restrictions on travel and the Social Distancing Requirements set forth in the most recent health order issued by the County of Santa Clara Health Department in response to the COVID-19 pandemic, and any subsequent amendments or superseding orders thereto (the “Health Order”), and any other local, state, or federal laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”). B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social distancing requirements in the Health Order when preforming work under this Contract. If a scope of work item, notice to proceed, or work order under this Contract specifies work that cannot be performed in compliance with the Health Order or other Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to require any person at high risk of severe illness from COVID-19 to leave their residence to perform work under the Contract. Contractor will inform the City if other arrangements for the work must be made, and City will do so, with no penalty to Contractor, although Contractor will not be compensated for work performed by the City or third parties. Information from the Center for Disease Control ("CDC") on "high risk" categories is available at the CDC's website at: https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html. D. Health Order Requirements and Best Practices. Contractor will immediately undertake all appropriate measures to ensure compliance with the Social Distancing Requirements in the Health Order by all individuals on any project site or work area performing work under this Contract, including Contractor's or any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as required by the Health Order or other Health Laws. In particular, Contractor must comply with the provisions of the County’s Mandatory Directive for Construction Projects (attached hereto), as applicable. Further, as long as required by the operative Health Order or Mandatory Directive for Construction Projects, or other Health Laws, these measures shall include, but are not limited to, the following best practices: 1. Information. Inform all workers of the Social Distancing Requirements and these best practices, including any updates or modifications, and require compliance as a condition to being present on the project site or work area. Revised: July 13, 2020 – Public Works Contracts 2 2. Social Distancing Protocol. Fill out and submit the newest version of the Social Distancing Protocol to the County, using the County’s online form available at https://www.sccgov.org/sites/covid19/Pages/social-distancing-protocol.aspx. 3. Sick Workers. Prohibit any individuals who have been tentatively or conclusively diagnosed with COVID-19 or who have any symptoms of illness, including the following, from entering or remaining on the project site or work area: fever, cough, shortness of breath, sore throat, body aches, chills, sudden loss of smell or taste or other flu-like symptoms. Encourage sick workers to get immediate medical attention. 4. Signage/Posters. As required, post or distribute (1) the most updated version of the COVID-19 PREPARED Sign, and (2) a Social Distancing Protocol Visitor Information Sheet. 5. Face Coverings. Everyone at a job site must wear a face covering at all time, except children under the age of 2, people who are medically prevented from wearing a face covering, and for communication by or with people who are hearing impaired. 6. Sanitary Facilities. Ensure adequate handwashing and/or hand-sanitizing facilities are available at all times and encourage frequent handwashing and/or hand-sanitizing throughout the day as specified below. Portable sanitary facilities must be serviced and cleaned on a daily basis. Provide hand sanitizer in or around all toilet facilities and common areas, including project trailers. a. Handwashing. Wash hands using soap and water for at least 20 seconds. b. Hand-sanitizer. Use a hand sanitizer that contains at least 60-95% alcohol when handwashing is not immediately available. c. Paper Products. Ensure that toilet paper, tissues, and paper towels are available as appropriate, with designated receptacles for disposal. 7. Distancing. Prohibit workers from being less than six feet apart, unless and only to the extent that would compromise worker safety or violate safety Laws for specific operations. Prohibit handshaking or any physical contact among workers, with the sole and limited exception of any physical contact required for worker safety or to comply with safety Laws. Avoid sharing tools to the extent possible. Require workers to provide their own transportation where possible and to avoid having more than two workers in a vehicle. 8. Groups/Meetings/Site Access. Avoid any group gatherings of 10 or more people. Use electronic alternatives to in person meetings, e.g., conference calls, video-conferencing, etc., to the greatest extent possible. Limit access to the project site or any work area to workers who are necessary to perform the work at that time. Allow non-essential Revised: July 13, 2020 – Public Works Contracts 3 personnel to work from home to the extent possible. Avoid all non-essential travel. Do not stack trades if possible. 9. Frequent Cleaning. Provide for regular and appropriate cleaning of all high touch surfaces at a project site or work area, including, but not limited to, shared tools or equipment, doorknobs and handles, toolboxes, sanitary facilities, common break areas, keypads, touch screens, project trailer surfaces and equipment, light or power switches, workstations, countertops, break areas, and the like. Clean and/or disinfect any reusable items or equipment. Clean surfaces of shared vehicles, including steering wheels, gear shifts, handles, instrument panels, etc. Ensure that cleaning products are used correctly and safely, and avoid cleaning techniques, such as use of pressurized air or water sprays, that may generate bioaerosols. 10. Personal Protective Equipment. When workers cannot avoid close proximity or physical contact, e.g., based on applicable safety laws, or are otherwise at risk for exposure to COVID-19, ensure that the affected workers are provided with appropriate personal protective equipment ("PPE"), which may include disposable gloves and/or other PPE. Instruct workers to wash or sanitize hands after removing gloves or other PPE. Ensure that all personal protective equipment is disposed of properly. 11. Water and Food. Prohibit shared or communal food or common water coolers. Provide individual water bottles for workers or instruct workers to bring their own. 12. Enforcement. Immediately eject any worker who fails or refuses to comply with the Health Laws, Social Distancing Requirements, or these best practices from the project site until or unless the Project Manager issues a written authorization for the worker to return, subject to full compliance. F. Proof of Compliance. If Contractor is subject to the Mandatory Directive for Construction Projects, Contractor must provide to the City the name and contact information for its designated site-specific COVID-19 supervisor(s). E. Oversight. In other to ensure that all workers comply with the Social Distancing Requirements to the extent possible, Contractor shall designate a named individual to have primary responsibility for implementation and enforcement of the Social Distancing Requirements and these best practices, and to serve as the primary point of contact with the City in this regard. Contractor shall promptly inform the City of the name of this individual. F. Changed Requirements. It is understood and acknowledged that circumstances pertaining to the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with the City to implement new or changed requirements as quickly as possible. Revised: July 13, 2020 – Public Works Contracts 4 G. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require any agents, subcontractors, or subconsultants to comply with its provisions. Attachments to Exhibit A-A Santa Clara County Mandatory Directive for Construction Projects 1228578.5 County of Santa Clara Public Health Department Health Officer 976 Lenzen Avenue, 2nd Floor San José, CA 95126 408.792.5040 Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 1 of 12 Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith MANDATORY DIRECTIVE FOR CONSTRUCTION PROJECTS *Please confirm that your facility and/or construction project jobsite may open under the State Order. Where there is a difference between the local County Order and the State Order, the more restrictive order must be followed. The State also has specific guidance for certain facilities that must be followed in addition to this mandatory directive.* Issued: July 7, 2020 Information on the State’s Order and State guidance is available at covid19.ca.gov. While the construction industry is critical to ensuring a safe and sufficient supply of residential and commercial space, construction work can also pose significant risks to public health due to the COVID-19 pandemic. Because construction projects typically involve many workers actively working on a jobsite at the same time, often in close proximity to one another or sharing equipment, businesses and individuals performing and overseeing construction projects must take extra precautions to reduce the risk of COVID-19 transmission for workers, visitors, and others. This Directive applies to all construction projects, but the restrictions vary by the size of the project, as specified below. “Construction project” means any work (including a public works project) carried out in connection with the construction, alteration, conversion, fitting-out, remodel, renovation, refurbishment, demolition, decommissioning, or dismantling of a building or other structure; the preparation of a physical site for any such activity; and education or training at which any such activity is taught through onsite practice or experience. “Construction project” does not include architectural, design, financial, or administrative work related to a construction project, unless that work occurs at the construction jobsite. “Construction project” also does not include basic repair or maintenance work, which means a repair or maintenance job that requires no more than 2 workers and no more than 2 days and that is not architecturally, financially, or administratively associated with an active construction project. This Directive explains how construction projects may operate. This Directive is mandatory, and failure to follow it is a violation of the Health Officer’s Order issued on July 2, 2020 (“Order”). Construction projects must comply with the Order and all requirements of this Directive. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 2 of 12 The Order Issued July 2 The Order imposes several restrictions on all businesses and activities to ensure that the County stays as safe as possible, including but not limited to the following: The Social Distancing Protocol: All businesses must fill out and submit the newest version of the Social Distancing Protocol to the County using the online form, available here. The Protocol is submitted under penalty of perjury, meaning that everything written on the form must be truthful and accurate to the best of the signer’s knowledge, and submitting false information is a crime. The Protocol must be distributed to all workers, and it must be accessible to all officials who are enforcing the Order. Businesses are responsible for ensuring that workers understand and are trained on Protocol requirements in a language that they understand. For any business that only performs services for dispersed facilities or worksites that the business does not own or operate, the business must complete a Social Distancing Protocol for its operation as a whole. For any business that has a facility, but also provides services at dispersed facilities or worksites that the business does not own or operate, the business must complete a Social Distancing Protocol for its own facility and provide that Protocol to the owners or operators of any facility where it operates.  Example: A construction company serves as a subcontractor on various jobsites throughout the County and also operates a base facility within the County, where it maintains its vehicles and equipment. The subcontractor must complete a Social Distancing Protocol for its base facility. It must also distribute the Protocol to the owners or operators of the jobsites to which it sends its workers. The subcontractor’s workers must be given a copy of, be trained on, and comply with the measures in both the subcontractor’s Social Distancing Protocol and the Social Distancing Protocol for any jobsite at which they are performing work. • Signage: All businesses must print (1) an updated COVID-19 PREPARED Sign and (2) a Social Distancing Protocol Visitor Information Sheet, and both must be posted prominently at all facility entrances. These are available for printing after submission of the Social Distancing Protocol online.  Businesses do not need to post these documents if they do not have their own facility or worksite and only perform services for dispersed facilities or worksites that the business does not own or operate. • Face Coverings: Everyone at a business facility or worksite must wear a face covering at all times (except very young children, people for whom face coverings are medically inadvisable, or for communication by or with people who are hearing impaired). Face coverings must be worn even while working at a construction project. Workers do not need to wear face covering if it would create a risk to the person related to their work, in accordance with local, state, or federal workplace safety guidelines. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 3 of 12 • Density Limitation: All businesses must limit the number of people who may be inside the facility at the same time. For staff members, the limit is 1 person per 250 gross square feet of indoor facility space (this means total space, including areas open only to staff like storage rooms). For members of the public, the limit is 1 person per 150 square feet of space open to the public. The density requirements tell businesses how many people (staff or clients) they can let inside the facility before another person leaves. Children under 12 who are accompanying a parent or guardian do not count against the limit, but everyone age 12 and over does. This Directive describes a limited exception to the density limitation applicable only to construction project jobsites. See the Order and the FAQ page for more details. In addition to these general requirements applicable to all businesses under the Order, construction projects must comply with the following directives. Construction Projects on Own Residence Exempted This Directive does not apply to construction projects where a person is performing construction on their current residence alone or solely with members of their own household. Rules for Single-Worker Construction Projects This section lists the requirements for construction projects performed by only 1 worker, such as someone who is working alone on a kitchen remodel project. This section for single-worker projects does not apply to construction projects that involve multiple workers, even if only 1 worker is at the jobsite at any time; those projects must follow the Rules For All Construction Projects, which are listed in the next section. a. If the worker is working for a business, the worker must comply with the Social Distancing Protocol of that business. b. The worker must maintain 6 feet of social distance from all other people at all times, including when entering and leaving the work area or building. c. The worker must use and properly wear face coverings. In addition, the worker must wear other personal protective equipment (PPE) appropriate for use in construction, including gloves, goggles, and/or face shields. d. To the extent possible, the worker must seal off the work area so that there is a barrier between the worker and any other people in the building. For example, a worker performing construction in the hallway of a residence must install a barrier (such as plastic sheeting) between the area where the worker is working and the rest of the hallway. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 4 of 12 e. The worker must frequently wash hands with soap and water for at least 20 seconds or use hand sanitizer with at least 60% alcohol. f. The worker must not work or come to the jobsite if the worker has a fever, cough, or any other COVID-19 symptoms. g. The worker must maintain records of the dates and times the worker was at the jobsite and must make those records immediately available upon request to any County official. h. If the worker tests positive for COVID-19, the worker must notify the County Public Health Department within 4 hours of learning of the positive result by following the instructions at www.sccsafeworkplace.org. Rules for All Construction Projects (Except Single-Worker Construction Projects) This section lists requirements for all construction projects (other than single-worker construction projects). *Note: Large Construction Projects must also follow additional requirements, which are described beginning on page 9.* 1. Responsibilities of the General Contractor and Subcontractors a. The business with the responsibility to oversee a construction project, described in this Directive as the “General Contractor,” must complete and submit a Social Distancing Protocol specific to the construction project jobsite. (The General Contractor may also need to submit social distancing protocols for its base facility or for other jobsites subject to this Directive.) b. The General Contractor is responsible for ensuring that all work and operations at the construction jobsite is performed in compliance with the Order, this Directive, and the jobsite-specific Social Distancing Protocol. c. The General Contractor must train its workers to comply with the Order, this Directive, and the jobsite-specific Social Distancing Protocol. d. Subcontractors do not need to submit their own jobsite-specific Social Distancing Protocols for the same site, but the General Contractor must not allow any subcontractor onto the jobsite unless that subcontractor has given the General Contractor a signed certification that: i. the subcontractor has reviewed the Order and this Directive and will comply with them; Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 5 of 12 ii. the subcontractor has reviewed the General Contractor’s jobsite-specific Social Distancing Protocol and trained its workers on that Protocol; and iii. the subcontractor has completed and submitted its own Social Distancing Protocol covering its operations, and has provided a copy of that Protocol to the General Contractor. 2. General Contractors and Subcontractors Must Report COVID-19 Positive Cases a. Whenever the General Contractor learns that a person who has tested positive for COVID-19 was at the jobsite within 48 hours of the date they were tested or within 48 hours of becoming symptomatic, the General Contractor must immediately implement the jobsite-specific Social Distancing Protocol’s procedures for when a person tests positive for COVID-19. All positive cases must be reported by following the instructions at www.sccsafeworkplace.org. b. All subcontractors must immediately (within 1 hour, regardless of the time of day) alert the General Contractor as soon as they learn that an employee has tested positive who is currently at the jobsite, or who was at the jobsite within 48 hours of the date they were tested or within 48 hours of becoming symptomatic. This reporting requirement is in addition to the subcontractor’s own reporting requirements under the Order and the procedures in the subcontractor’s Social Distancing Protocol. 3. Cleaning After Positive Case Identified Upon learning of a confirmed positive case at the jobsite within the last 48 hours, any location where the infected worker was known to have been present must be immediately closed and sanitized. Work in these locations must cease until sanitization is complete. 4. General Contractor is Responsible for Ensuring the Jobsite is Operated Safely Following All Legal Requirements a. The General Contractor must ensure that everyone at the jobsite—including its own workers, the subcontractors’ workers, and visitors—complies with the Order, this Directive, the jobsite-specific Social Distancing Protocol, and any other laws and regulations that apply to the work (for example, OSHA and Cal-OSHA requirements). If there is a conflict in what different laws require, the strictest standard applies. b. The General Contractor’s responsibility for ensuring jobsite compliance under this paragraph 4 does not, however, relieve any subcontractors of their own responsibilities under the Order, their Social Distancing Protocol, this Directive, and all other applicable laws and regulations. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 6 of 12 c. Any worker, or any subcontractor, may file a complaint that the General Contractor has not complied with the Order, this Directive, or the jobsite-specific Social Distancing Protocol, or that the General Contractor has failed to require others to comply. Complaints may be filed through the County Office of Labor Standards Enforcement Advice Line (866-870-7725) or website (www.sccfairworkplace.org). 5. Designated COVID-19 Supervisor(s) a. The General Contractor must designate a site-specific COVID-19 Supervisor or Supervisors to enforce the jobsite-specific Social Distancing Protocol and this Directive. The designated COVID-19 Supervisor(s) must be present at the jobsite at all times during construction activities. The COVID-19 Supervisor may be an on-site worker who is designated to serve in this role. The General Contractor must prominently post a sign at all entrances to the jobsite clearly identifying the COVID-19 Supervisor(s) by name and providing their phone number and email address. b. The designated COVID-19 Supervisor(s) must review this Directive and the jobsite-specific Social Distancing Protocol with all workers and other persons at the jobsite. The General Contractor is responsible for making sure this occurs. c. The COVID-19 Supervisor must monitor and ensure implementation at the jobsite of all requirements in this Directive, the jobsite-specific Social Distancing Protocol, and the Order. 6. Seal Off Area of Construction Project from Other Parts of Occupied Sites Where construction work occurs within an occupied residential or commercial building, all of the following rules apply: a. Work areas must, to the extent feasible, be sealed off from the remainder of the building (and from the remainder of the unit, if work is performed within a residential unit) with physical barriers such as plastic sheeting or closed doors sealed with tape. b. If possible, workers must access the work area from entry/exit door(s) different from the entry/exit door(s) used by residents or occupants accessing the remainder of the building that is not under construction. c. Available windows and/or doors must be used to ventilate the work area during the workday and any other times work is performed. d. If residents or occupants have access to the work area between workdays, the Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 7 of 12 work area must be cleaned and sanitized at the beginning and at the end of workdays. e. Every effort must be taken to minimize contact between workers and residents or occupants, including maintaining a minimum of at least 6 feet of social distancing at all times. 7. Personal Protective Equipment (PPE) The General Contractor must obtain, provide at no cost to workers, and require that all workers use personal protective equipment (PPE) appropriate for use in construction, including gloves, goggles, face shields, and face coverings as appropriate for the activity being performed. Face coverings must be worn in compliance with the State’s mandatory Guidance for the Use of Face Coverings and any additional directives issued by the County Health Officer. At no time may medical-grade PPE be used at a construction site unless it is required due to the medical nature of the jobsite or local, state, or federal workplace safety requirements. 8. Social Distancing, Sanitizing, and other Measures a. The General Contractor must: i. Ensure compliance at the jobsite with the Order’s density limitations except to the extremely limited extent a higher density is temporarily necessary to safely carry out a specific job function. 1. The density limitations apply to all indoor areas where construction work is actively being performed. Density limitations do not apply to staging areas or lay-down areas that are separate from the area where construction work is actively being performed. ii. Stagger shifts, breaks, and trade-specific work as necessary to reduce density and allow for easy maintenance of minimum 6-foot distancing. Staggered shifts and breaks must comply with applicable wage and hour laws. 1. All persons must maintain minimum 6-foot distancing except to the extremely limited extent shorter distances are temporarily necessary to safely carry out a specific job function. iii. Eliminate or resolve “choke points” and “high-risk areas” where workers are unable to maintain 6-foot social distancing. The General Contractor must prohibit or limit use of these areas to ensure that 6-foot distance can easily be maintained between individuals. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 8 of 12 iv. If possible, ensure workers eat their meals and take their breaks outdoors, and maintain social distancing during meals and breaks. v. Prohibit gatherings of any size on the jobsite (except for meetings required by this Directive), including gatherings for breaks or eating. Sharing of any food or beverage is strictly prohibited. vi. Cal-OSHA requires employers to provide water. Water must be provided in single-serve containers. vii. Prohibit use of microwaves, water coolers, and other similar shared equipment. b. Workers must: i. Unless strictly necessary to carry out a job function, maintain at all times at least 6-foot social distancing from fellow workers and all site visitors, including delivery workers, design professionals and other project consultants, government agency representatives (including building and fire inspectors), and residents at residential construction sites. ii. Not carpool to and from the jobsite except with others living within the same household unit, or if necessary because they have no alternative means of transportation. If workers from different households must carpool, they must wear face coverings while riding together in the same vehicle, sit at the greatest distance possible, and maintain ventilation by keeping windows open as feasible. 9. Notice for Workers and Visitors of Required Practices The General Contractor must prominently post a notice at all entrances to the jobsite visible to all workers and visitors instructing workers and visitors to do the following: a. Do not touch your face with unwashed hands or with gloves. b. If equipment is shared, it must be fully sanitized before and after each use. c. Wash your hands often with soap and water for at least 20 seconds each time, or use hand sanitizer with at least 60% alcohol. d. Clean and disinfect objects and surfaces you touch often, such as work stations, keyboards, telephones, handrails, machines, shared tools, elevator control buttons, and doorknobs. e. Cover your mouth and nose with a tissue or cloth when you cough or sneeze, or Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 9 of 12 cough or sneeze into your elbow/sleeve – never into your hands. f. Do not enter the jobsite if you have a fever, cough, or other COVID-19 symptoms. If you feel sick, or have been exposed to anyone who is sick, stay at home. g. Constantly make sure you are staying at least 6 feet away from co-workers at all times, unless it is absolutely necessary to get closer to complete a task for the construction project. h. Do not carpool to and from the jobsite with anyone except members of your own household, or if necessary because you have no alternative means of transportation. If you carpool with people from another household, you must wear a face covering while riding together in the same vehicle. i. Do not share phones or PPE. Posters conforming to this requirement are available for download at https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do-flyers.aspx. 10. Cooperate with County’s Case Investigation and Contact Tracing Efforts The General Contractor must maintain a daily attendance log of all workers and visitors at the jobsite that includes contact information (including name, phone number, address, and email) and the date, time, and duration of each person’s presence at the jobsite. If someone on the jobsite tests positive for COVID-19, the General Contractor is legally required to assist the County Public Health Department in any case investigation and contact tracing efforts. 11. Monitor and Inform Supervisors and Subcontractors of Revised Requirements The General Contractor must regularly check for revisions to the Order, this Directive, relevant industry-specific guidance published by the California Department of Public Health, and other relevant rules or guidance. The General Contractor must inform all jobsite supervisors (including the designated COVID-19 Supervisor(s), all field supervisors, foremen, and safety directors) and all subcontractors of any revisions or additions to the requirements for construction projects. Additional Rules for Large Construction Projects This section describes additional requirements that apply only to Large Construction Projects. 12. What is a Large Construction Project? A “Large Construction Project” is a construction project that meets any of the following Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 10 of 12 specifications: a. For residential projects, any single-family, multi-family, senior, student, or other residential construction project consisting of 10 or more units; or b. For commercial projects, any construction project consisting of 20,000 or more square feet of floor area; or c. For mixed-use construction projects, any construction project that meets either of the specifications above in Subparagraphs (a) and (b); or d. Any infrastructure project that requires 20 or more workers at the jobsite at any one time. 13. COVID-19 Supervisor’s Additional Compliance, Monitoring, and Remediation Responsibilities a. The designated COVID-19 Supervisor must: i. Conduct daily briefings in person (with proper social distancing) or by teleconference that must cover the following topics: 1. New jobsite rules and pre-jobsite travel restrictions for the prevention of COVID-19 community spread. 2. Review of sanitizing and hygiene procedures. 3. Worker feedback on improving safety and sanitizing. 4. Coordination of construction site daily cleaning/sanitization requirements. 5. Any newly available information regarding COVID-19. 6. Emergency protocols in the event of an exposure or suspected exposure to COVID-19. ii. Each day, verify and record verification that each jobsite is compliant with this Directive. The General Contractor must collect each written verification, store them for at least 1 year, and make them immediately available upon request to any County official. iii. Conduct the following activities to make sure that the jobsite is ready to fix any violations of this Directive: Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 11 of 12 1. Develop a remediation plan; 2. If any non-compliance is identified, ensure that the remediation plan is implemented, and post the remediation plan at all entrances to the jobsite during the remediation period; 3. Stop any construction activity until the jobsite is back in compliance; and 4. Report repeated non-compliance with this Directive to the appropriate jobsite supervisors and the permitting agency for the local government where the project is located. b. The General Contractor is responsible for making sure the designated COVID-19 Supervisor takes all of these steps. 14. Jobsite Safety Accountability Supervisor (JSAS) The General Contractor must assign a COVID-19 Third-Party Jobsite Safety Accountability Supervisor (JSAS) for the jobsite. The JSAS may not be an employee of the General Contractor. The JSAS must at a minimum hold an OSHA-30 certificate and first-aid training, or equivalent credentials, from within the past 2 years. The JSAS must be trained in the requirements in this Directive and the jobsite-specific Social Distancing Protocol and must verify compliance with those requirements, including by visual inspection and random interviews with workers. The JSAS must inspect the jobsite as often as needed to ensure consistent compliance, but not less than once per week. The JSAS must inspect the jobsite during normal construction hours. a. The General Contractor must prominently post a sign at all entrances to the jobsite visible to all workers and visitors that clearly identifies the JSAS for the jobsite by name and providing their phone number and email address. b. Within 7 calendar days of each jobsite visit, the JSAS must complete a written assessment identifying any failure to comply with this Directive. The written assessment must be copied, stored, and, produced upon request to the County or local permitting agency. c. If the JSAS discovers that a jobsite is not in compliance with this Directive and the jobsite-specific Social Distancing Protocol, the JSAS must work with the designated COVID-19 Supervisor to develop and implement a remediation plan. d. The JSAS must coordinate with the designated COVID-19 Supervisor to prohibit continuation of any work activity not in compliance with this Directive or the jobsite-specific Social Distancing Protocol. The JSAS must make sure that the Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 12 of 12 work activity does not resume until the noncompliance is fixed and the continuing work is compliant with this Directive. e. The remediation plan must be sent to the local permitting agency and a designated County official within 5 calendar days of the JSAS’s discovery of the failure to comply. 15. Translation for Non-English-Speaking Workers The General Contractor must translate (and, where otherwise required, post) all of the following documents as necessary to ensure that all non-English-speaking workers are able to understand the documents: a. The Notice for Workers and Visitors of Required Practices described in Paragraph 9 (on page 8). b. The remediation plan described in Paragraph 13.a.iii.1 (on page 11). Stay Informed For answers to frequently asked questions about this industry and other topics, please see the FAQ page. Please note that this Directive may be updated. For up-to-date information on the Health Officer Order, visit the County Public Health Department’s website at www.sccgov.org/coronavirus. McClellan Rd. Separated Bikeways-Ph. 2 PAYMENT BOND 2017-01.07 Page 34 Payment Bond The City of Cupertino (“City”) and ________________________ (“Contractor”) have entered into a contract, dated _________________, 20___ (“Contract”) for work on the McClellan Road Separated Bikeways-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., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code 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 venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. Bond No. 107288358 Premium Included In Performance Bond Travelers Casualty and Surety Company of America 1,387,292.00 Granite Construction Company Travelers Casualty and Surety Company of America 1 Tower Square Hartford, CT 06183 (860) 277-1914 McClellan Rd. Separated Bikeways-Ph. 2 PAYMENT BOND 2017-01.07 Page 35 7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__. SURETY: _________________________________________________________________ Business Name s/ ________________________________________________ __________________________________________________ Name/Title Date: _____________________ (Attach Acknowledgment with Surety’s Notary Seal and Power of Attorney.) CONTRACTOR: ____________________________________________________________ Business Name s/ _______________________________________________ _________________________________________________ Name/Title Date: _____________________ s/ _______________________________________________ _________________________________________________ Name/Title END OF PAYMENT BOND _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ______________________________________________________ ____________________________________________________________________________________________________________________________ TRACTOR: __________ Busiiiisiiiiisiiisssssiiisssisissnennnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnss ______________________________________________ ___________________ ___________________________________________________________________________________________________________________________________ ____________________________________ AAttorney ) Isabel Barron, Attorney In Fact 07/29/20 Travelers Casualty and Surety Company of America July 29 Granite Construction Company Kenneth B. Olson, Vice President 07/29/20 See Attached Certificate of Secretary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uly 29, 2020 Isabel Barron McClellan Rd. Separated Bikeways-Ph. 2 PERFORMANCE BOND 2017-01.07 Page 36 Performance Bond The City of Cupertino (“City”) and __________________________ (“Contractor”) have entered into a contract, dated _________________, 20____ (“Contract”) for work on the McClellan Road Separated Bikeways-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 $__________________ to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, and Contractor has timely provided a warranty bond as required under the Contract. Surety’s obligations under this Bond will become null and void upon City’s acceptance of the Project, excluding any exceptions to acceptance, if any. Otherwise Surety’s obligation will remain in full force and effect until expiration of the one year warranty period under the Contract. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or back charges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed. 6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs. Bond No. 107288358 Travelers Casualty and Surety Company of America 1,387,292.00 Granite Construction Company Premium Amount:$3,052.04 McClellan Rd. Separated Bikeways-Ph. 2 PERFORMANCE BOND 2017-01.07 Page 37 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___. SURETY: ________________________________________________________ Business Name s/ _______________________________________________________________ ________________________________________________________________ Name/Title [print] (Acknowledgment with Notary Seal for Surety and Surety’s Power of Attorney must be attached.) CONTRACTOR: ___________________________________________________ Business Name s/ _______________________________________________________________ ________________________________________________________________ Name/Title Date: _____________________ s/ _______________________________________________________________ ________________________________________________________________ Name/Title Date: _____________________ END OF PERFORMANCE BOND _______________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ _________________ TRACTOR:_________ Busiiiiiiiinennnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnss _____________________________________________________________ ___________________ e/Title Business Name ___________________________ on ______________ _____________ ____________ rrrney must bbbee atattatatchchhededd.) Travelers Casualty and Surety Company of America 1 Tower Square Hartford, CT 06183 (860) 277-1914 Isabel Barron, Attorney In Fact Travelers Casualty and Surety Company of America July 29 Granite Construction Company Kenneth B. Olson, Vice President 07/29/20 See Attached Certificate of Secretary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uly 29, 2020 Isabel Barron July 29, 2020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 07/29/2020 X 10300 Torre Ave A Alliant Insurance Services, Inc.415-403-1491 2,000,000 A 585 West Beach Street LIC #0C36861 X 10/01/21 100 Pine Street, 11th Floor GL2074978689 1031718 2190 Contractual X X San Francisco, CA 94111 X 2,000,000 X Kimberly Leikam 2,000,000 X 20494 B 20508 B A A 2,000,000 Granite Construction Company 10/01/18 59896531 59896531 X X TRANSPORTATION INS CO VALLEY FORGE INS CO BUA2074978692 USA XCU Hazards Contractual Liability X 10/01/21 kleikam@alliant.com 10/01/20 10/01/20 10/01/20 rothneyt 10/01/20 GL Per ISO Form CG0001 10/01; AL Per ISO Form CA0001 10/13 Cupertino, CA 95014-3255 covered as additional insureds on the CGL policy with respect to liability arising out of our work The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be Job #:1031718 McClellan Rd Bikeways, Department of Public Works City of Cupertino X Nil 1-415-403-1491 X X X X WC274978658 (NY) WC274978661 (MT,WI,HI) 10/01/18 WC274978630 (CA) WC274978644 (AOS/Stop Gap) 2,000,000 415-874-4818 2,000,000 10,000,000 2,000,000 Watsonville, CA 95076 N 2,000,000 X X 10/01/19 X 10/01/19 X 10/01/19 10/01/19 A, XV A, XV SUPP (10/00) SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE NAME OF INSURED: Granite Construction Company 07/29/2020 G-140331-D (Ed. 01/13) G-140331-D (Ed. 01/13) Page 1 of 2 POLICY #: GL2074978689 EFFECTIVE: 10/01/2018 Copyright, CNA All Rights Reserved. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS – WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A.Section II - Who Is An Insured is amended to include as an additional insured: 1.Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2.The particular person or organization, if any, scheduled above. B.The insurance provided to the additional insured is limited as follows: 1.The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a.Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract"; or b."Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products-completed operations hazard," and only if: (1)The "written contract" requires you to provide the additional insured such coverage; and (2)This Coverage Part provides such coverage. 2.If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.1. above, the words 'caused in whole or in part by' are replaced by the words 'arising out of'. 3.We will not provide the additional insured any broader coverage or any higher limit of insurance than: a.The maximum permitted by law; b.That required by the "written contract"; c.That described in B.1. above; or d.That afforded to you under this policy, whichever is less. 4.Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or G-140331-D (Ed. 01/13) G-140331-D (Ed. 01/13) Page 2 of 2 POLICY #: GL2074978689 EFFECTIVE: 10/01/2018 Copyright, CNA All Rights Reserved. any other basis. But if required by the "written contract" to be primary and non-contributory, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 5.The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: a.The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1)The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2)Supervisory, inspection, architectural or engineering activities; or b.Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C.SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1.The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1)Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2)Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3)Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and (4)Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." D.Only for the purpose of the insurance provided by this endorsement, SECTION V – DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1.Is currently in effect or becomes effective during the term of this policy; and 2.Was executed prior to: a.The "bodily injury" or "property damage"; or b.The offense that caused the "personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties, Inc. POLICY NUMBER:GL2074978689 Effective 10/01/2018 COMMERCIAL GENERAL LIABILITY CG 24 17 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 17 10 01 Copyright, ISO Properties, Inc., 2000 Page 1 of 1 CONTRACTUAL LIABILITY – RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad: Any railroad which the named insured is required by written contract to add to this schedule. Designated Job Site: Any jobsite designated in the written contract with a scheduled railroad. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to operations performed for, or affecting, a Scheduled Railroad at a Designated Job Site, the definition of “insured contract” in the Definitions section is replaced by the following: 9.“Insured Contract” means: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an “insured contract”; b.A sidetrack agreement; c.Any easement or license agreement; d.An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e.An elevator maintenance agreement; f.That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for “bodily injury” or “property damage” to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1)That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a)Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b)Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2)Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured’s rendering or failure to render professional services, including those listed in Paragraph (1)above and supervisory, inspection, architectural or engineering activities. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Waiver of Transfer of Rights of Recovery Against Others to Us This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Form Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1.Your ongoing operations; or 2."Your work" included in the "products completed operations hazard." However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1.Is in effect or becomes effective during the term of this policy; and 2.Was executed prior to loss. This endorsement is part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below. Must Be Completed Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ENDT. NO. POLICY NO. GL 2074978689 ISSUED TO: Granite Construction Incorporated EFFECTIVE DATE OF THIS ENDORSEMENT: 10/01/18 26 CNA71527XX (Ed. 10/12) CNA71527XX (10/12) Policy No: BUA2074978692 Page 1 of 1 Endorsement No: Effective Date: 10/01/2018 Insured Name: Granite Construction Incorporated Copyright CNA All Rights Reserved. ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations Any person or organization whom the named insured is required by written contract to add as an additional insured on this policy. 1.In conformance with paragraph A.1.c. of Who Is An Insured of Section II – LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2.The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. POLICY NUMBER: BUA2074978692 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Granite Construction Incorporated Endorsement Effective Date: 10/01/2018 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. C'NA WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS-CALIFORNIA This endorsement changes the policy to which it is attached. G-19160-8 (Ed. 11/97) It is agreed that Part One -Workers' Compensation Insurance G. Recovery From Others and Part Two -Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE -nla The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is n/a %. UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties.Schedule : Any person or organization for whom the named insured has agreed by written contract to furnish this waiver. WC43 03 05 (Ed 7-00) ---------························---·----·····---····---------····················-········ WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT All Other States where allowed (except CA, TX, UT) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom the named insured has agreed by written contract to furnish this waiver WC00 03 13 (Ed 4·84) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2019 WC274978644 Valley Forge Insurance Company WC27 4978658 Transportation Insurance Company WC274978661 Transportation Insurance Company WC274978630 Valley Forge Insurance Company G-19160-B Page 1 of 1 {Ed. 11/97) Granite Construction for McClellan Rd Separated Bikeways Ph 2 Final Audit Report 2020-08-20 Created:2020-08-18 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAlwI3asBezmYQP5bS7DlePj0SH9YrijO2 "Granite Construction for McClellan Rd Separated Bikeways Ph 2" History Document created by Julia Kinst (juliak@cupertino.org) 2020-08-18 - 11:44:36 PM GMT- IP address: 64.178.242.16 Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2020-08-18 - 11:52:13 PM GMT - Time Source: server- IP address: 64.178.242.16 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-08-18 - 11:52:15 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-08-19 - 2:28:14 PM GMT - Time Source: server- IP address: 24.23.184.82 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2020-08-19 - 2:28:17 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2020-08-20 - 8:10:09 PM GMT- IP address: 181.215.72.212 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2020-08-20 - 8:10:36 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Deborah L. Feng (debf@cupertino.org) for signature 2020-08-20 - 8:10:38 PM GMT Email viewed by Deborah L. Feng (debf@cupertino.org) 2020-08-20 - 8:48:17 PM GMT- IP address: 104.47.46.254 Document e-signed by Deborah L. Feng (debf@cupertino.org) Signature Date: 2020-08-20 - 8:48:41 PM GMT - Time Source: server- IP address: 24.6.12.22 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2020-08-20 - 8:48:43 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2020-08-20 - 11:04:25 PM GMT- IP address: 104.47.74.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2020-08-20 - 11:04:36 PM GMT - Time Source: server- IP address: 148.64.105.190 Signed document emailed to Julia Kinst (juliak@cupertino.org), Deborah L. Feng (debf@cupertino.org), Heather M. Minner (minner@smwlaw.com), Kirsten Squarcia (kirstens@cupertino.org), and 1 more 2020-08-20 - 11:04:36 PM GMT