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21-084 O'Grady Paving, Inc., 2021 Pavement Maintenance Phase 1 Project, Project No. 2021-1052021 Pavement Maintenance Phase 1 CONTRACT Project No. 2021-105 Page 1 Contract This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”) and O’Grady Paving, Inc. (“Contractor”), for work on the 2021 Pavement Maintenance Phase 1 Project (“Project”). The parties agree as follows: 1.Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal, a copy of which is attached for convenience as Exhibit A, to perform the Work to construct the Project. On June 1, 2021, 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 and Performance Bonds; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Potential Award; 2.12 Notice to Proceed; and 2.13 The following: City Standard Details, Caltrans Standard Details. The following documents are provided for information only: Location Map, Estimated Quantities. 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 $1,824,276.55 (“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, meeting all requirements for Final Completion, within 50 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. 2021 Pavement Maintenance Phase 1 CONTRACT Project No. 2021-105 Page 2 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 achieving Final 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, 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 § 1725.5, subject to limited legal exceptions. 8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 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 § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. 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. 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: 2021 Pavement Maintenance Phase 1 CONTRACT Project No. 2021-105 Page 3 City: City of Cupertino 10300 Torre Ave Cupertino, CA 95014 408-777-3245 Attn: Jo Anne Johnson joannej@cupertino.org Copy to: PWinvoices@cupertino.org Contractor: Name:_O’Grady Paving, Inc. Address: 2513 Wyandotte St City/State/Zip: Mountain View, CA 94043 Phone: 650-966-1926 Attn: Tom O’Grady Email: tom@ogradypaving.com Copy to: Celine O. Duran 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 Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of 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 is determined to be illegal, invalid, or unenforceable, in whole or in part, 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 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. 2021 Pavement Maintenance Phase 1 CONTRACT Project No. 2021-105 Page 4 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 § 313. 2021 Pavement Maintenance Phase 1 CONTRACT Project No. 2021-105 Page 5 CONTRACTOR O’Grady Paving, Inc. CITY OF CUPERTINO A Municipal Corporation By Name_______________________ Title Date _______________________ By Name_______________________ Title Date _______________________ By ___________________________ Dianne Thompson Acting City Manager Date ________________________ APPROVED AS TO FORM: By ____________________________ Name__________________________ City Attorney Date___________________________ ATTEST: _____________________________ Kirsten Squarcia City Clerk Date____________________________ Contract Amount: $1,824,276.55 P.O. No. ________________________ Account No. 270-85-821 900-971 $1,000,000 270-85-821 900-921 $824,276.55 END OF CONTRACT Craig E Young VP Jul 19, 2021 Craig E Young SECT/TREA Jul 19, 2021 Celine Duran Christopher D. Jensen Jul 27, 2021 Christopher D. Jensen Jul 27, 2021 Jul 27, 2021 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-MAILADDRESS: 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 EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR 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 6/30/2021 Bolton & Company 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 (626) 799-7000 (626) 583-2117 www.boltonco.com 0008309 Executive Risk Indemnity Inc.35181 Federal Insurance Company 20281 Indian Harbor Insurance Company 36940 A 54310246 7/1/2021 7/1/20223 3 3 B 54310245 7/1/2021 7/1/2022 3 B 9365-2734, $5M 1st Layer 7/1/2021 7/1/20223 C SXS0059379, $5M x $5M 2nd 7/1/2021 7/1/20223 B 54310247 7/1/2021 7/1/2022 3 N Chau Tran O'Grady Paving, Inc. 2513 Wyandotte Street Mountain View CA 94043 62638723 3 3 3 3 contract/agreement. GL Primary & Non-Contributory Wording applies per 100224610715 attached. GL Per Project Aggregate applies per CG25030509 attached. respects Additional Insured, Primary & Non-Contributory. GL, Auto & WC Cancellation Clauses apply per IL0017198 & WC990645611 attached. Additional Project #20098 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Project #20098, 2020 Pavement Maintenance Phase 2. GL Additional Insured applies per CG20101219 & CG20371219 attached, only if required by written GL, Auto & WC Waivers of Subrogation apply per 100218000917, 160202924116 & WC9003750518 attached. Excess Liability follows form over GL, Auto & EL as Insured(s): The City of Cupertino, its City Council, officers, officials, employees, agents, servants & volunteers; The City of San Jose, its..CONT.. 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000 10,000,000 10,000,000 1,000,000 1,000,000 1,000,000 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 1 of 16 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Additional Insureds(s) CONT: respective City Council, commissions, officers, employees, volunteers & agents. OGRAPAV-C1 Bolton & Company O'Grady Paving, Inc. 2513 Wyandotte Street Mountain View CA 94043 54310246 7/1/2021Executive Risk Indemnity Inc.35181 25 Certificate of Liability (03/16) ADDENDUM HOLDER: ADDRESS: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 2 of 16 Form: 16-02-0292 (Rev. 11-16)Page 1 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form. 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.b.CANCELLATION - of the COMMON POLICY CONDITIONS form IL 00 17 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that other automobile policy or would be an termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a)under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy; or (c) 180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1.WHO IS AN INSURED of SECTION II LIABILITY COVERAGE is amended to add the following: d. Any borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1.WHO IS AN INSURED of SECTION II LIABILITY COVERAGE is amended to add the following: e. agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and (2)a driver. resulting from the acts or omissions by: 1. You; 2. or 3. Any person, except the lessor or permission of any of 1. and/or 2. above. D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 WHO IS AN INSURED of SECTION II LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a such person or organization have agreed under an express provision in a written written permit issued to you by a governmental or public authority to add such person or organization to this policy However, such person or organization is 54310245 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 3 of 16 Form: 16-02-0292 (Rev. 11-16)Page 2 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" (1) with respect to the operation, maintenance or use of a covered ; and (2) caused by place after: (a) (b) The permit has been issued to you. 3.FELLOW EMPLOYEE COVERAGE EXCLUSION B.5. - FELLOW EMPLOYEE of SECTION II LIABILITY COVERAGE does not apply. 4.PHYSICAL DAMAGE ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a.TRANSPORTATION EXPENSES of SECTION III PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum limit of $1,000. 5. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4.COVERAGE EXTENSIONS - of SECTION III PHYSICAL DAMAGE COVERAGE is amended to add the following: c.Unpaid Loan or Lease Amounts ill pay any unpaid amount due on the loan or lease for a 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue loan/lease payments at the time of b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any 2. Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of or 3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered auto. 6. RENTAL AGENCY EXPENSE Paragraph A. 4.COVERAGE EXTENSIONS of SECTION III PHYSICAL DAMAGE COVERAGE is amended to add the following: d.Rental Expense We will pay the following expenses that you or to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1. $2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to,, that vehicle, including income lost due to absence of that vehicle for use as a replacement; 2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to 3. $2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. 4. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined. 7. EXTRA EXPENSE BROADENED COVERAGE Paragraph A.4.COVERAGE EXTENSIONS of SECTION III PHYSICAL DAMAGE COVERAGE is amended to add the following: e.Recovery Expense We will pay for the expense of returning a 8. AIRBAG COVERAGE Paragraph B.3.a. - EXCLUSIONS of SECTION III PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage. 9. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - BROADENED COVERAGE Paragraph C.1.b.LIMIT OF INSURANCE - of SECTION III - PHYSICAL DAMAGE is deleted and replaced with the following: b. $2,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. 10. GLASS REPAIR WAIVER OF DEDUCTIBLE 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 4 of 16 Form: 16-02-0292 (Rev. 11-16)Page 3 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" Under Paragraph D. - DEDUCTIBLE of SECTION III PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.- DEDUCTIBLE of SECTION III PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the , the following applies: 1. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. - DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of accident , claim,suit or loss , you must promptly notify us when the accident is known to: (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an accident , claim,suit or loss by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the accident or loss occurred; (2) The i name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.5. - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV BUSINESS AUTO CONDITIONS is deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or this insurance their rights of recovery against such person or organization under a contract or agreement that is entered into recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2.CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV BUSINESS AUTO CONDITIONS - is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. 15. AUTOS RENTED BY EMPLOYEES Paragraph B.5. - OTHER INSURANCE of SECTION IV BUSINESS AUTO CONDITIONS - is amended to add the following: e. on your behalf and at your direction will be If an also applies hired and at your direction, this insurance will be insurance. 16.HIRED AUTO COVERAGE TERRITORY Paragraph B.7.b.(5). - POLICY PERIOD, COVERAGE TERRITORY of SECTION IV BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (5 type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17.RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of - SECTION V DEFINITIONS is deleted and replaced by the following: disease sustained by any person, including mental anguish or death as a result of the bodily injury sustained by that person. 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 5 of 16 IL 00 17 11 98 IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1.The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of cancel- lation. 2.We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a.10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b.30 days before the effective date of cancel- lation if we cancel for any other reason. 3.We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4.Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5.If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6.If notice is mailed, proof of mailing will be suf- ficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1.We have the right to: a.Make inspections and surveys at any time; b.Give you reports on the conditions we find; and c.Recommend changes. 2.We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a.Are safe or healthful; or b.Comply with laws, regulations, codes or standards. 3.Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4.Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1.Is responsible for the payment of all premiums; and 2.Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. 54310245 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 6 of 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 54310246 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 7 of 16 Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 8 of 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 12 19 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 WHERE REQUIRED BY WRITTEN CONTRACT, BUT 54310246 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 9 of 16 10-02-2461 (Ed. 7-15) # THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. # 10-02-2461 (Ed. 7-15)Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 # PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED Xlmw#irhsvwiqirx#qshmjmiw#mrwyvergi#tvszmhih#yrhiv#xli#jspps{mrk># GSQQIVGMEP#KIRIVEP#PMEFMPMX]#GSZIVEKI#TEVX# # # WGLIHYPI# # Ehhmxmsrep#Mrwyvih>#Psgexmsr#Sj#Gszivih#Stivexmsrw># # # # ## +Mj#rs#irxv}#ettievw#efszi/#mrjsvqexmsr#viuymvih#xs#gsqtpixi#xlmw#irhsvwiqirx#{mpp#fi#wls{r#mr#xli# Higpevexmsrw#ew#ettpmgefpi#xs#xlmw#irhsvwiqirx1,# # # [mxl#viwtigx#srp}#xs#xli#Ehhmxmsrep#Mrwyvih#erh#ex# xli#Psgexmsr#Sj#Gszivih#Stivexmsrw#wls{r#mr#xli# Wglihypi/#xli#jspps{mrk#mw#ehhih#xs#WIGXMSR#MZ#&# GSQQIVGMEP#KIRIVEP#PMEFMPMX]#GSRHMXMSRW/# Tevekvetl#71Sxliv#Mrwyvergierh#wytivwihiw#er}# tvszmwmsr#xs#xligsrxvev}># Tvmqev}#Erh#Rsrgsrxvmfyxsv}#Mrwyvergi# Xlmw#mrwyvergi#mw#tvmqev}#xs#erh#{mpp#rsx# wiiogsrxvmfyxmsr#jvsq#er}#sxliv#mrwyvergi# ezempefpi#xs#xli#Ehhmxmsrep#Mrwyvih#{mxl#viwtigx# xs#xli#Psgexmsr#Sj#Gszivih#Stivexmsrw#wls{r#mr# xli#Wglihypi#yrhiv#xlmwtspmg}tvszmhih#xlex># +4,#Xli#Ehhmxmsrep#Mrwyvih#mw#e#reqih# mrwyvihyrhiv#wygl#sxliv#mrwyvergi?#erh# +5,#]sy#lezi#ekviih#mr#{vmxmrk#mr#e#gsrxvegx# svekviiqirx#xlex#xlmw#mrwyvergi#{syph# fitvmqev}#erh#{syph#rsx#wiio# gsrxvmfyxmsrjvsq#er}#sxliv#mrwyvergi# ezempefpi#xs#xliEhhmxmsrep#Mrwyvih1# POLICY NUMBER:COMMERCIAL GENERAL LIABILITY # YJGTG!TGSWKTGF!D[!YTKVVGP!EQPVTCEV CNN!NQECVKQPU # 54310246 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 10 of 16 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Blanket Where Required by Written Contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. 54310246 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 11 of 16 Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I – Coverage A, and for all medical expenses caused by accidents under Section I – Coverage C, which cannot be attrib- uted only to ongoing operations at a single des- ignated construction project shown in the Sched- ule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III – Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 12 of 16 Form 10-02-1800 (Rev.09- 17) Includes copyrighted material of ISO Properties, Inc., with its permission Page 13 of 17 b.Those statements are based upon representations you made to us; and c.We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Or Waiver Of Rights Of Recovery Against Others To Us We will waive the right of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured rights to recover all or part of any payment made under this Coverage Part have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Coverage C. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1."Advertisement" means an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. -mail address, Internet domain name or other electronic address or metalanguage. 2. a person or organization and caused by an offense of infringing, in that goods, products or services, upon their: a.Copyrighted b.Registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. 3.means asbestos in any form, including its presence or use in any alloy, by-product, compound or other material or waste. Waste includes materials to be recycled, reconditioned or reclaimed. 4."Auto" means: a.A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5."Bodily injury" means physical: a.Injury; b.Sickness; or c.Disease; sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury, sickness or disease that caused it. 6."Coverage territory" means: a.The United States of America (including its territories and possessions), Puerto Rico and Canada; b.International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a.above; or c.All other parts of the world if the injury or damage arises out of: (1)Goods or products made or sold by you in the territory described in Paragraph a. above; (2)The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3)"" offenses that take place through the Internet or similar electronic means of communication 54310246 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 13 of 16 IL 00 17 11 98 IL 00 17 11 98 Page 1 of 1 COMMON POLICY CONDITIONS A. Cancellation 1. 2. a. b. 3. 4. 5. 6. B. Changes C. Examination Of Your Books And Records D. Inspections And Surveys 1. a. b. c. 2. a. b. 3.1.2. 4.2. E. Premiums 1. 2. F. Transfer Of Your Rights And Duties Under This Policy 54310246 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 14 of 16 WC 90 03 75 (05/18) Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number Policy Period to Issued By (Name of Insurance Company) Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California 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,but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule,where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1.()Specific Waiver Name of person or organization: (X )Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: 3.Premium: The premium charge for this endorsement shall be 1.0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4.Minimum Premium:$0 Authorized Representative Policy Number Symbol: Number: Effective Date of Endorsement O'Grady Paving, Inc. 54310247 7/1/2021 Federal Insurance Company 7/1/2022 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 15 of 16 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 45 (Ed. 6-11) EARLIER NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement, effective on Policy No. Issued to: (DATE) at 12:01 A. M. standard time, forms a part of of the FEDERAL INSURANCE COMPANY (NAME OF INSURANCE COMPANY) Authorized Representative A. Under Condition a Cancellation of Part Six, the time period is amended as follows: We may cancel this policy by mailing or delivering to you written notice of cancellation at least: 1. TEN (10) days before the effective date of cancellation if we cancel for non-payment of premium; or 2. SIXTY (60) days before the effective date of cancellation if we cancel for any other reason. B. Under Part Six - Conditions of the policy, the following is added: Notice Of Nonrenewal When we do not renew this policy, we will mail or deliver to you written notice of the nonrenewal at least sixty (60) days before the expiration date, Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. WC 99 06 45 (Ed 6­11) 54310247 O'Grady Paving, Inc. 7/1/2021 62638723 | OGRAPAV-C1 | 21-22 GL Auto WC XS | Emily Parks | 6/30/2021 9:10:12 AM (PDT) | Page 16 of 16 2021 Pavement Maintenance Phase 1 Notice Inviting Bids Project # 2021-105 Page 4 Notice Inviting Bids 1. Bid Submission. City of Cupertino (“City”) will accept sealed bids for its 2021 Pavement Maintenance Phase 1 (“Project”), by or before May 4, 2021 at 2:00 pm. 1.1. Electronic Submittals Only. All bids must be submitted in PDF format online at https://apps.cupertino.org/bidmanagement/index.aspx. 1.2. Bidders may log into the application using the account used to access bidding documents. To submit a bid, open the project and select the Electronic Submission tab. 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. It is recommended that bidders familiarize themselves with the web application prior to the bid due date. Make sure to follow all bid instructions and include all required forms. Submitting a bid electronically can take more time than anticipated so please allow enough time to finalize your bid submission by the stated deadline. Bids in process but not completely uploaded by the deadline will automatically be rejected by the system. It will not allow bid submission once the bid closes. 2. Project Information. 2.1 Location and Description. The Project is located at various streets throughout the City, and is described as follows: The work generally consists of monument preservation, asphalt dig out repairs, placement of paving fabric, asphalt overlay, adjustment of utility covers, replacing traffic striping and pavement markers, replacement of traffic signal loop detectors and other miscellaneous work as outlined in the project specifications. 2.2 Time for Final Completion. The Project must be fully completed within 50 calendar days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about June 14, 2021, but the anticipated start date is provided solely for convenience and is neither certain nor binding. 2.3 Estimated Cost. The estimated construction cost is $2,000,000. 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 2021 Pavement Maintenance Phase 1 Notice Inviting Bids Project # 2021-105 Page 5 Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 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”) may be downloaded from City’s website located at: https://apps.cupertino.org/bidmanagement/Index.aspx. 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 made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents. The bid security must guarantee that within ten days after City issues the Notice of Potential Award, the successful bidder will execute the Contract and submit the payment and performance bonds, insurance certificates and endorsements, and any other submittals required by the Contract Documents and as specified in the Notice of Potential Award. 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 made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents. The bid security must guarantee that within ten days after City issues the Notice of Potential Award, the successful bidder will execute the Contract and submit the payment and performance bonds, insurance certificates and endorsements, and any other submittals required by the Contract Documents and as specified in the Notice of Potential Award. 6. Prevailing Wage Requirements. 6.1 General. Pursuant to California Labor Code § 1720 et seq., 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 are 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 § 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, as further specified in the Contract Documents. 8. Substitution of Securities. Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted under Public Contract Code § 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 price) 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, using the Subcontractor List form included with the Contract Documents. 2021 Pavement Maintenance Phase 1 INSTRUCTIONS TO BIDDERS Project # 2021-105 Page 7 Instructions to Bidders Each Bid Proposal submitted to the City of Cupertino (“City”) for its 2021 Pavement Maintenance Phase 1 Project (“Project”) must be submitted in accordance with the following instructions and requirements: 1. Bid Submission. 1.1 General. 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 Section 1 of 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 or 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 applicab le taxes, insurance and overhead. 1.2 Electronic Submittals Only. All bids must be submitted in PDF format online at https://apps.cupertino.org/bidmanagement/index.aspx. 1.3 Bidders may log into the application using the account used to access bidding documents. To submit a bid, open the project and select the Electronic Submission tab. 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. It is recommended that bidders familiarize themselves with the web application prior to the bid due date. Make sure to follow all bid instructions and include all required forms. Submitting a bid electronically can take more time than anticipated so please allow enough time to finalize your bid submission by the stated deadline. Bids in process but not completely uploaded by the deadline will automatically be rejected by the system. It will not allow bid submission. 1.4 DIR Registration. Subject to limited legal exceptions for joint venture bids and federally-funded projects, City may not accept a Bid Proposal from a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code § 1725.5. If City is unable to confirm that the bidder is currently registered with the DIR, City may disqualify the bidder and return its bid unopened. (Labor Code §§ 1725.5 and 1771.1(a).) 2.Bid Proposal Form and Enclosures. Each Bid Proposal must be completed in ink using the Bid Proposal form included with 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 security, as set forth in Section 4 below, and by a completed Subcontractor List and Non-Collusion Declaration using the forms included with the Contract Documents. 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 2021 Pavement Maintenance Phase 1 INSTRUCTIONS TO BIDDERS Project # 2021-105 Page 8 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 § 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 or certified check, made payable to the City, 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. The bid security must guarantee that, within ten days after issuance of the Notice of Potential 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 Potential Award. A Bid Proposal may not be withdrawn for a period of 60 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code § 5100 et seq. 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. 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 t he 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 § 5100 et seq. 5.2 Estimated Quantities. The quantities shown on the Bid Schedule are estimated and the actual quantities required to perform th e 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, and without regard to the percentage increase or decrease of the estimated quantity and the actual quantity. 6. 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 at 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. 7. Pre-Bid Investigation. 2021 Pavement Maintenance Phase 1 INSTRUCTIONS TO BIDDERS Project # 2021-105 Page 9 7.1 General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documents, 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 property owned or leased by the City or the Project site without prior written authorization from City. 7.2 Document Review. Each bidder is responsible for review of the Contract Documents and any informational documents provided “For Reference Only,” e.g., as-builts, technical reports, test data, and the like. A bidder is responsible for notifying City of any errors, omissions, inconsistencies, or conflicts it discovers in the Contract Documents, acting solely in its capacity as a contractor and subject to the limitations of Public Contract Code § 1104. Notification of any such errors, omissions, inconsistencies, or conflicts must be submitted in writing to the City no later than five Working Days before the scheduled bid opening. (See Section 6, above.) City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City. 7.3 Project Site. Questions regarding the availability of soil test data, water table elevations, and the like should be submitted to the City in writing, as specified in Section 6, above. Any subsurface exploration at the Project site must be done at the bidder’s expense, but only with prior written authorization from City. All soil data and analyses available for inspection or provided in the Contract Documents 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 respons ible 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. 7.4 Utility Company Standards. The Project must be completed in a manner that satisfies the standards and requirements of any affected utility companies or agencies (collectively, “utility owners”). The successful bidder m ay be required by the third party utility owners to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the affected third party utility owners about their requirements befor e submitting a Bid Proposal. 8. 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. 9. Addenda. Any addenda issued prior to the bid opening are part of the Contract Documents. Subject to the limitations of Public Contract Code § 4104.5, City reserves the right to issue addenda prior to bid time. Each bidder is solely responsible for ensuring it has received and reviewed all addenda prior to submitting i ts bid. Bidders should check City’s 2021 Pavement Maintenance Phase 1 INSTRUCTIONS TO BIDDERS Project # 2021-105 Page 10 website periodically for any addenda or updates on the Project at: https://apps.cupertino.org/bidmanagement/index.aspx. 10. Brand Designations and “Or Equal” Substitutions. 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. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution. A request for substitution must be submitted within 35 days after Notice of Potential Award unless otherwise provided in the Contract Documents. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code § 3400(c). 11. Bid Protest. Any bid protest against another bidder must be submitted in writing and received by City via email at joannej@cupertino.org before 5:00 p.m. no later than two Working Days following bid opening (“Bid Protest Deadline”) and must comply with the following requirements: 11.1 General. Only a bidder who has actually submitted a Bid Proposal 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. If required by City, the protesting bidder must submit a non-refundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section 11, 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 § 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 of the bid opening or as otherwise provided under Labor Code § 1771.1(b). 11.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and must include all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person submitting the protest on behalf of or as an authorized representative of the protesting bidder. 11.3 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 oth er 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. 11.4 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 Working Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must attach all supporting documentation. Material submitted after the Respons e Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person responding on behalf of or representing the protested bidder if different from the protested bidder. 2021 Pavement Maintenance Phase 1 INSTRUCTIONS TO BIDDERS Project # 2021-105 Page 11 11.5 Copy to Protesting Bidder. Upon submission of its response to the bid protest to the City, the protested bidder must also concurrently transmit by emai l 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. 11.6 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. 11.7 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 Work notwithstanding any pending or continuing challenge to its determination. 12. Reservation of Rights. City reserves the unfettered right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities; to accept or reject any or all bids; to cancel or reschedule the bid; to postpone or abandon the Project entirely; or to perform all or part of the Work with its own forces. The Contract will be awarded, if at all, within 60 days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid. Any planned start date for the Project represents the 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 start date, and it reserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. The City expressly disclaims responsibility for any assumptions a bidder might draw from the presence or absence of information provided by the City in any form. Each bidder is solely responsible for its costs to prepare and submit a bid, including site investigation costs. 13. Bonds. Within ten calendar days following City’s issuance of the Notice of Potential Award to the apparent low bidder, the bidder must submit payment and performance bonds to City as specified in the Contract Documents using the bond forms included in the Contract Documents. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable. 14. 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. The successful bidder must also obtain a City business license before performing any Work. Subcontractors must also obtain a City business license before performing any Work. 15. Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public works project under Labor Code §§ 1777.1 or 1777.7 is prohibited from performing work on the Project. 16. Safety Orders. If the Project includes construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid must include a bid item for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which comply with safety orders as required by Labor Code § 6707. 2021 Pavement Maintenance Phase 1 INSTRUCTIONS TO BIDDERS Project # 2021-105 Page 12 17. Subcontractor Work Limits. The prime contractor must perform at least 51% of the Work on the Project, calculated as a percentage of the base bid price, with its own forces, except for any Work identified as “Specialty Work” in the Contract Documents. 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 51% self-performance requirement. The remaining Work may be performed by qualified Subcontractor(s). 18. Bidder’s Questionnaire. A completed, signed Bidder’s Questionnaire using the form provided with the Contract Documents and including all required attachments must be submitted within 2 working days following a request by City. A bid submitted by a bidder that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non- responsible. 19. 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. END OF INSTRUCTIONS TO BIDDERS CUPERTINO PUBLIC WORKS DEPARTMENT Roger Lee, Director CITY HALL 1 0300 TORRE AVENUE - CUPERTINO, CA 95014-3 266 ( 40 8) 777-33 54 - FAX ( 40 8) 777 -33 33 ADDENDUM NO. 1 2021 PAVEMENT MAINTENANCE PHASE 1 BID OPENING: MAY 4,2021 2:00 P.M. ISSUED DATE: April 29, 2021 The following revisions are hereby made to the above referenced project: 1)Replace cwnnt page 106 of Technical Specifications with revised page 106 attached to thisaddendum.The following questions have been received regarding the above referenced project: Ql. Can the City provide additional information regarding the location and dimensions of 4" digouts? Al. The attached list of digout locations is provided for reference only. All questions regarding this project must be transmitted in •writing to Jo Anne Johnson, Public Works Project Manager at joannej@cupertino.org. Please indicate receipt of this addendum on the last page of the Proposal. Failure to do so may cause rejection of yow· bid. APPROVED BY: Roger Lee Director of Public W 01ks 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 34 General Conditions Article 1 - Definitions Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. 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 municipality which has entered into the Contract with Contractor for performance of the Work, 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 for performing the Work required for the Project, and all documents expressly incorporated therein. 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 Potential Award and Notice to Proceed; the payment and performance bonds; the General Conditions; the Special Conditions; the Project Plans and Specifications; any Change Orders; and any other documents which are clearly and unambiguously made part of the Contract Documents. The Contract Documents do not include documents provided “For Reference Only,” or documents that are intended solely to provide information regarding existing conditions. Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as may be amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to th e 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. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 35 Design Professional means the licensed individual(s) or firm(s) retained by City to provide architectural, engineering, or electrical engineering design 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. DIR means the California Department of Industrial Relations. Drawings has the same meaning as Plans. Engineer means the City Engineer for the City of <________________> and his or her authorized delegees. Excusable Delay is defined in Section 5.3(B), Excusable Delay. 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 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 or deducted pursuant to the Contract Documents. Furnish means to purchase and deliver for the Project. Government Code Claim means a claim submitted pursuant to California Government Code § 900 et seq. Hazardous Materials means any substance or material identified now or in the future as hazardous under any Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws 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 Laws. Install means to fix in place for materials, and to fix in place and connect for equipment. Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over any of the Work or any performance of the Work, including health and safety requirements. Non-Excusable Delay is defined in Section 5.3(D), Non-Excusable Delay. Plans means the City-provided plans, drawings, details, or graphical depictions of the Project requirements, but does not include Shop Drawings. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 36 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. Recoverable Costs is defined in Section 5.3(F), Recoverable Costs. Request for Information or RFI means Contractor’s written request for information about the Contract Documents, the Work or the Project, submitted to City in the manner and format specified by City. Section, when capitalized in these General Conditions, means a numbered section or subsection of the General Conditions, unless the context clearly indicates otherwise. 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 Plans or Specifications. Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and that the Contractor is not qualified to self- perform. Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into the Contract 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 sp ecific portion of the Work. The term Subcontractor applies to subcontractors of all tiers, unless otherwise indicated by the context. A third party such as a utility performing related work on the Project is not a Subcontractor, even if Contractor must coordinate its Work with the third party. Technical Specifications has the same meaning as 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. 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, storage, or fabrication. 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 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 37 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) Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the Contractor and will serve as City’s representative for daily administration of the Project on behalf of City. Unless otherwise specified, all of Contractor’s communications to City (in any form) will go to or through the Project Manager. City reserves the right to reassign the Project Manager role at any time or to delegate duties to additional City representatives, without prior notice to or consent of Contractor. (D) 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 Plans and Specifications, including any design changes authorized by Change Order. The Design Professional’s duties may include review of Contractor’s submittals, visits to any Worksite, inspecting the Work, evaluating test and inspection results, and participation in Project-related meetings, including any pre-construction conference, weekly meetings, and coordination meetings. The Design Professional’s interpretation of the Plans or Specifications is final and conclusive. 2.2 Contractor. (A) General. Contractor must provide all labor, materials, supplies, equipment, services, and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economical 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, safety precautions and programs, 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 any 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. The superintendent must have full authority to act 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 38 and communicate on behalf of Contractor, and Contractor will be bound by the superintendent’s communications to City. 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 and with no extension of Contract Time, until an 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. 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 Laws and applicable manufacturer’s recommendations. Contractor has a material and ongoing obligation to provide true and complete information, to the best of its knowledge, with respect to all records, documents, or communications pertaining to the Project, including oral or written reports, statements, certifications, Change Order requests, or Claims. (F) Meetings. Contractor, its project manager, superintendent and any primary Subcontractors requested by City, must attend a pre-construction conference, if requested by City, as well as weekly Project progress meetings scheduled with City. If applicable, Contractor may also be required to participate in coordination meetings with other parties relating to other work being performed on or near the Project site or in relation to the Project, including work or activities performed by City, other contractors, or other utility owners. (G) Construction Records. Contractor will maintain up-to-date, thorough, legible, and dated daily job reports, which document all significant activity on the Project for each day that Work is performed on the Project. The daily report for each day must include the number of workers at the Project site; primary Work activities; major deliveries; problems encountered, including injuries, if any; weather and site conditions; and delays, if any. Contractor will take date and time-stamped photographs to document general progress of the Project, including site conditions prior to construction activities, before and after photographs at offset trench laterals, existing improvements and utilities, damage and restoration. Contractor will maintain copies of all subcontracts, Project-related correspondence with subcontractors, and records of meetings with Subcontractors. Upon request by the City, Contractor will permit review of and/or provide copies of any of these construction records. (H) 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. (I) 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, parts or equipment that do not conform to the requirements under the Plans, 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. If Contractor fails to correct or to take reasonable steps toward correcting defective Work within five 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 39 days following notice from City, or within the time specified in City’s notice to correct, City may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Contract Price. If City elects to correct defective Work due to Contractor’s failure or refusal to do so, City or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Worksite on City property, in order to effectuate the correction, at no extra cost to City. Contractor’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances. Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Contractor. This paragraph applies to any defective Work performed by Contractor during the one-year warranty period under Section 11.2. (J) Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos, electronic records, approved samples, and the construction records required pursuant to paragraph (G), above. Project records subject to this provision include complete Project cost records and records relating to preparation of Contractor’s bid, including estimates, take-offs, and price quotes or bids. (1) Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost. (2) Contractor must continue to maintain its Project-related records in an organized manner for a period of five 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. The record-keeping requirements set forth in this subsection 2.2(J) will survive expiration or termination of the Contract. (K) Copies of Project Documents. Contractor and its Subcontractors must keep copies, at the Project site, of all Work-related documents, including the Contract, permit(s), Plans, Specifications, Addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, as-built drawings, schedules, daily records, testing and inspection reports or results, and any related written interpretations. These documents must be available to City for reference at all times during construction of the Project. 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. Each Subcontractor must obtain a City business license before performing any Work. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 40 (B) Contractual Obligations. Contractor must require each Subcontractor to comply with the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, including the generally applicable terms of the Contract Documents, and to likewise bind their subcontractors. Contractor will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for the Project, will be assigned to City. 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 and to the extent that City accepts, in writing, 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 § 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and any increased subcontract cost to perform the Work that was to be performed by the listed Subcontractor. If City determines that a Subcontractor is unacceptable to City based on the Subcontractor’s failure to satisfactorily perform its Work, or for any of the grounds for substitution listed in Public Contract Code § 4107(a), City may request removal of the Subcontractor from the Project. Upon receipt of a written request from City to remove a Subcontractor pursuant to this paragraph, Contractor will immediately remove the Subcontractor from the Project and, at no further cost to City, will either (1) self-perform the remaining Work to the extent that Contractor is duly licensed and qualified to do so, or (2) substitute a Subcontractor that is acceptable to City, in compliance with Public Contract Code § 4107, as applicable. 2.4 Coordination of Work. (A) Concurrent Work. City reserves the right to perform, have performed, or permit performance of other work on or adjacent to the Project site while the Work is being performed for the Project. 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, individuals, or entities, and must ensure safe and reasonable site access and use as required or authorized by City. 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) Coordination. If Contractor’s Work will connect or interface with work performed by others, Contractor is responsible for independently measuring and visually inspecting such work to ensure a correct connection and interface. Contractor is responsible for any failure by Contractor or its Subcontractors to confirm measurements before proceeding with connecting Work. 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 or reasonably discoverable 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. Contractor must also promptly notify City if work performed by others, including work or activities performed by City’s own forces, is operating to hinder, delay, or interfere with Contractor’s timely 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 41 performance of the Work. City reserves the right to backcharge Contractor for any additional costs incurred due to Contractor’s failure to comply with the requirements in this Section 2.4. 2.5 Submittals. Unless otherwise specified, Contractor must submit to the Engineer for review and acceptance, 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 elsewhere in the Contract Documents, including the Special Conditions or Specifications. The Engineer may require submission of a submittal schedule at or before a pre-construction conference, as may be specified in the Notice to Proceed. (A) General. Contractor is responsible for ensuring that its submittals are accurate and conform to the Contract Documents. (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. (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 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 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. 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 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 42 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. 2.7 Access to Work. Contractor must afford prompt and safe access to any Worksite by City and its employees, agents, or consultants authorized by City; and upon request by City, Contractor must promptly arrange for City representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work. 2.8 Personnel. Contractor and its Subcontractors must employ only competent and skillful personnel to perform the Work. Contractor and its Subcontractor’s supervisors, security or safety personnel, and employees who have unescorted access to the Project site must possess proficiency in English sufficient to read, understand, receive, and implement oral or written communications or instructions relating to their respective job functions, including safety and security requirements. Upon written notification from the Engineer, Contractor and its Subcontractors must immediately discharge any personnel who are incompetent, disorderly, disruptive, threatening, abusive, or profane, or otherwise refuse or fail to comply with the requirements of the Contract Documents or Laws, including Laws pertaining to health and safety. Any such discharged personnel, may not be re- employed or permitted on the Project in any capacity without City’s prior written consent. Article 3 - Contract Documents 3.1 Interpretation of Contract Documents. (A) Plans and Specifications. The Plans 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 Plans and Specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned or shown. Contractor must perform all Work and services and supply all things reasonably related to and inferable from the Contract Documents. In the event of a conflict between the Plans and Specifications, the Specifications will control, unless the drawing(s) at issue are dated later than the Specification(s) at issue. Detailed drawings take precedence over general drawings, and large-scale drawings take precedence over smaller scale drawings. Any arrangement or division of the Plans and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Plans 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 fo rm 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, omission, or error in the Contract Documents, including the Plans or Specifications, Contractor must promptly 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 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 43 defective Work that results. Timely submission of a clear and complete RFI is essential to avoiding delay. Delay resulting from Contractor’s failure to submit a timely and complete RFI to the Engineer is Non-Excusable Delay. If Contractor believes that City’s response to an RFI justifies a change to the Contract Price or Contract Time, Contractor must perform the Work as directed, but may submit a timely Change Order request in accordance with the Contract Documents. (See Article 5 and 6.) (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 in the Contract Documents and at the Project site before ordering any material or performing any Work, and will be responsible for the correctness of those measurements or for costs that could have been avoided by independently verifying measurements. (F) Compliance with Laws. The Contract Documents are intended to comply with Laws and will be interpreted to comply with Laws. 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, with the most recent version taking precedent over an earlier version: (A) Change Orders; (B) Addenda; (C) Contract; (D) Notice to Proceed; (E) Attachment B – Federal Contract Requirements (only if used); (F) Special Conditions; (G) General Conditions; (H) Payment and Performance Bonds; (I) Specifications; (J) Plans; (K) Notice of Potential Award; (L) Notice Inviting Bids; (M) Attachment A – Federal Bidding Requirements (only if used); (N) Instructions to Bidders; (O) Contractor’s Bid Proposal and attachments; (P) the City’s standard specifications, as applicable; and (Q) Any generic 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 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: 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 44 (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 two hard copy (paper) sets and one 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. 3.7 Ownership. No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession. Article 4 - Bonds, Indemnity, and Insurance 4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of Potential 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, and each 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 45 executed by Contractor and its surety using the bond forms included with the Contract Documents. (A) Surety. Each bond must be issued and executed by a surety admitted in California. 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, fines, 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 § 9201. Contractor waives any right to express or implied indemnity against any Indemnitee. Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract. 4.3 Insurance. No later than ten days following issuance of the Notice of Potential Award, Contractor must procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Contractor and its Subcontractors relating to or arising from the performance of the Work, and must remain in full force and effect at all times during the period covered by the Contract, through the date of City’s acceptance of the Project. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Contractor fails to provide any of the required coverage in full compliance with the requirements of the Contract Documents, City may, at its sole discretion, purchase such coverage at Contractor’s expense and deduct the cost from payments due to Contractor, or terminate the Contract for default. The procurement of the required insurance will not be construed to limit Contractor’s liability under this Contract or to fulfill Contractor’s indemnification obligations under this Contract. (A) Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in the Special Conditions: (1) Commercial General Liability (“CGL”) Insurance: The CGL insurance policy must be issued on an occurrence basis, written on a comprehensive general 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 46 liability form, and must include coverage for liability arising from Contractor’s or its Subcontractor’s acts or omissions in the performance of the Work, including contractor’s protected coverage, contractual liability, products and completed operations, and broad form property damage, with limits of at least $2,000,000 per occurrence and at least $4,000,000 general aggregate. The CGL insurance coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requ irements set forth in this Section, including required endorsements. (2) Automobile Liability Insurance: The automobile liability insurance policy must provide coverage of at least $2,000,000 combined si ngle-limit per accident for bodily injury, death, or property damage, including hired and non-owned auto liability. (3) Workers’ Compensation Insurance and Employer’s Liability: The workers’ compensation and employer’s liability insurance policy must comply with the requirements of the California Labor Code, providing coverage of at least $1,000,000 or as otherwise required by the statute. If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR. (4) Pollution Liability Insurance: The pollution liability insurance policy must be issued on an occurrence basis, providing coverage of at least $2,000,000 for all loss arising out of claims for bodily injury, death, property damage, or environmental damage caused by pollution conditions resulting from the Work. (5) Builder’s Risk Insurance: The builder’s risk insurance policy must be issued on an occurrence basis, for all-risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City. (B) Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to non-payment of premiums, in which case ten days written notice must be made to City. (C) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier will waive any right of subrogation it may have against City. (D) Required Endorsements. The CGL policy, automobile liability policy, pollution liability policy, and builder’s risk policy must include the following specific endorsements: (1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. The additional insured endorsement must be provided using ISO form CG 20 10 11 85 or an equivalent form approved by the City. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 47 (3) The insurance provided by Contractor is primary and no insurance held or owned by any Additional Insured may be called upon to contribute to a loss. (4) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. (E) Contractor’s Responsibilities. This Section 4.3 establishes the minimum requirements for Contractor’s insurance coverage in relation to this Project, but is not intended to limit Contractor’s ability to procure additional or great er coverage. Contractor is responsible for its own risk assessment and needs and is encouraged to consult its insurance provider to determine what coverage it may wish to carry beyond the minimum requirements of this Section. Contractor is solely responsible for the cost of its insurance coverage, including premium payments, deductibles, or self-insured retentions, and no Additional Insured will be responsible or liable for any of the cost of Contractor’s insurance coverage. (F) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions that apply to the required insurance (co llectively, “deductibles”) in excess of $100,000 are subject to approval by the City’s Risk Manager, acting in his or her sole discretion, and must be declared by Contractor when it submits its certificates of insurance and endorsements pursuant to this Section 4.3. If the City’s Risk Manager determines that the deductibles are unacceptably high, at City’s option, Contractor must either reduce or eliminate the deductibles as they apply to City and all required Additional Insured; or must provide a financial guarantee, to City’s satisfaction, guaranteeing payment of losses and related investigation, claim administration, and legal expenses. (G) Subcontractors. Contractor must ensure that each Subcontractor is required to maintain the same insurance coverage required under this Section 4.3, with respect to its performance of Work on the Project, including those requirements r elated to the Additional Insureds and waiver of subrogation, but excluding pollution liability or builder’s risk insurance unless otherwise specified in the Special Conditions. A Subcontractor may be eligible for reduced insurance coverage or limits, but only to the extent approved in writing in advance by the City’s Risk Manager. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations. 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) General. 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. Contractor may not begin performing the Work before the date specified in the Notice to Proceed. (B) Authorization. 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 requirem ents, if any, that must be provided or performed before issuance of the Notice to Proceed. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 48 (C) 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, commercial 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 Notice to Proceed), 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 Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor 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, within seven days, must correct the schedule to address the exceptions. City’s review or acceptance of Contractor’s schedules will not operate to waive or limit Contractor’s duty to complete the Project within the Contract Time, nor to waive or limit City’s right to assess liquidated damages for Contractor’s unexcused failure to do so. (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 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 49 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. (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 material default and a waiver of any claims for Excusable Delay or loss of productivity arising during any period when Contractor is out of compliance, subject only to the limits of Public Contract Code § 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 prominently post a copy of the most current City-accepted progress or recovery schedule 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 decrease Contractor’s time or cost to perform the Work. (H) Authorized Working Days and Times. Contractor is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge Contractor for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services. 5.3 Delay and Extensions of Contract Time. (A) Notice 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. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 50 (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 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, provided that Contractor is otherwise fully performing its obligations under the Contract Documents. 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. The Contract Time will not be extended based on circumstances which will not unavoidably delay completing the Work within the Contract Time based on critical path analysis. (C) Weather Delays. 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 wh ich impair the ability to safely or effectively perform the scheduled critical path Work that day. Adverse weather conditions may include rain, saturated soil, and Project site clean-up 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. 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 determined by reliable records, including monthly rainfall averages, for the preceding ten years (or as otherwise specified in the Special Conditions or Specifications). (1) Contractor must fully comply with the applicable procedures in Ar ticles 5 and 6 of the General Conditions regarding requests to modify the Contract Time. (2) 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. (3) Contractor must take reasonable steps to mitigate the consequences of Weather Delay Days, including prudent workforce management and protecting the Work, Project Site, materials, and equipment. (D) 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 rainfall averages, for the preceding ten years; (2) Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for completion of the Work within the Contract Time; (3) Contractor’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for completion of the Work within the Contract Time; 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 51 (4) foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to Contractor; (5) Contractor’s failure, refusal, or financial inability to perform the Work within the Contract Time, including insufficient funds to pay its Subcontractors or suppliers; (6) performance or non-performance by Contractor’s Subcontractors or suppliers; (7) the time required to respond to excessive RFIs (see Section 2.5(G)); (8) delayed submission of required submittals, or the time required for correction and resubmission of defective submittals; (9) time required for repair of, re-testing, or re-inspection of defective Work; (10) enforcement of Laws by City, or outside agencies with jurisdiction over the Work; or (11) City’s exercise or enforcement of any of its rights or Contractor’s duties pursuant to the Contract Documents, including correction of defective Work, extra inspections or testing due to non-compliance with Contract requirements, safety compliance, environmental compliance, or rejection and return of defective or deficient submittals. (E) Compensable Delay. Pursuant to Public Contract Code § 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”). Contractor is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay. Delay due to causes that are beyond the control of either City or Contractor, including Weather Delay Days, discovery of Historic or Archeological Items pursuant to Section 7.18, or the actions or inactions of third parties or other agencies, is not Compensable Delay, and will only entitle Contractor to an extension of time commensurate with the time lost due to such delay. (F) 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. (G) 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 request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate cost- 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 52 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 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 supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which 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 delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to City. (4) Burden of Proof. Contractor has the burden of proving that: the delay was an Excusable or Compensable Delay, as defined above; Contractor has fully complied with its scheduling obligations in Section 5.2, Schedule Requirements; Contractor has made reasonable efforts to mitigate the delay and its schedule and cost impacts; the delay will unavoidably result in delaying Final Completion; and any Recoverable Costs claimed by Contractor were actually incurred and were reasonable under the circumstances. (5) Legal Compliance. Nothing in this Section 5.3 is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code § 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 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. 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. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 53 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 § 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. Any waiver of accrued liquidated damages, in whole or in part, is subject to approval of the City Council or its authorized delegee. (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 progress payments, Final Payment, or 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, costs or diminution in value from defective materials or workmanship, costs to repair or complete the Work, or other liability caused by Contractor. Article 6 - Contract Modification 6.1 Contract Modification. Subject to the limited exception set forth in subsection (D) below, any change in the Work or the Contract Documents, including the Contract Price or Contract Time, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, including a “no-cost” Change Order or a unilateral Change Order. Changes in the Work pursuant to this Article 6 will not operate to release, limit, or abridge Contractor’s warranty obligations pursuant to Article 11 or any obligations of Contractor’s bond sureties. (A) City-Directed Changes. City may direct changes in the scope or sequence of Work or the requirements of the Contract Documents, without invalidating the Contract. Such changes may include Extra Work as set forth in subsection (C) below, or deletion or modification of portions of the Work. 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 for cost savings resulting from “value engineering” pursuant to Public Contract Code § 7101, except to the extent authorized in advance by City in writing, and subject to any applicable procedural requirements for submitting a proposal for value engineering cost savings. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 54 (B) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City-directed change in the Work, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. Likewise, 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 dispute, as directed by City. If Contractor refuses to perform the Work in dispute, City may, acting in its sole discretion, elect to delete the Work from the Contract and reduce the Contract Price accordingly, and self-perform the Work or direct that the Work be performed by others. Alternatively, City may elect to terminate the Contract for convenience or for cause. 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. (C) 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 Work. If Contractor believes it is necessary to perform Extra Work due to changed conditions, Contractor must promptly notify the Engineer in writing, specifically identifying the Extra Work and the reason(s) the Contractor believes it is Extra Work. This notification requirement does not constitute a Change O rder request pursuant to Section 6.2, below. 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 Work. When an Extra Work Report(s) is agreed on and signed by both City and Contractor, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day. (D) Minor Changes and RFIs. Minor field changes, including RFI replies from City, that do not affect the Contract Price or Contract Time and that are approved by the Engineer acting within his or her scope of authority, do not require a Change Order. By executing an RFI reply from City, Contractor agrees that it will perform the Work as clarified therein, with no change to the Contract Price or Contract Time. (E) 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. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 55 (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. Upon request, Contractor must permit City to inspect its original and unaltered bidding records, subcontract agreements, subcontract change orders, purchase orders, invoices, or receipts associated with the claimed costs. (D) Required Form. Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. (E) Certification. All Change Order requests must be signed by Contractor and must include the following certification: “The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Contractor warrants that this Change Order request is comprehensive and complete as to the Work or changes referenced herein, and agrees that any known or foreseeable costs, expenses, or time extension requests not included herein, are deemed waived.” 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 listed below, in the order listed with unit pricing taking precedence over the other methods. Markup applies only to City-authorized time and material Work, and does not apply to any other payments to Contractor. For Work items or components that are deleted in their entirety, Contractor will only be entitled to compensation for those direct, actual, and documented costs (including restocking fees), reasonably incurred before Contractor was n otified of the City’s intent to delete the Work, with no markup for overhead, profit, or other indirect costs. (A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or in a post-award schedule of values pursuant to Section 8.1, Schedule of Values, will apply to determine the price for the affected Work, to the extent applicable unit prices have been provided for that type of Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation. (B) Lump Sum. A mutually agreed upon, all-inclusive lump sum price for the affected Work with no additional markup for overhead, profit, or other indirect costs. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 56 (C) Time and Materials. On a time and materials basis, if and only to the extent compensation on a time and materials basis is expressly authorized by City in advance of Contractor’s performance of the Work and subject to any not-to-exceed limit. Time and materials compensation for increased costs or Extra Work (but not decreased costs or deleted Work), will include allowed markup for overhead, profit, and other indirect costs, and which may include a not-to-exceed limit, calculated as the total of the following sums , the cumulative total of which may not exceed the maximum markup rate of 15%: (1) All direct labor costs provided by the Contractor, excluding superintendence, project management, or administrative costs, plus 15% markup; (2) All direct material costs provided by the Contractor, including sales tax, plus 15% markup; (3) All direct plant and equipment rental costs provided by the Contractor, plus 15% markup; (4) All direct additional subcontract costs plus 10% markup for Work performed by Subcontractors; 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 adjustment to compensation or 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 fully comply with the provisions of this Article. Contractor will not be paid for unauthorized Extra Work. Article 7 - General Construction Provisions 7.1 Permits, Fees, Business License, and Taxes. (A) Permits, Fees, and City Business License. Contractor must obtain and pay for all permits, fees, or licenses required to perform the Work, including a City business license. 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 records of permits and permit applications, payment of required fees, and any licenses required for the Work. (B) Taxes. 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 materials 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 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 57 approved by the City prior to installation. Temporary facilities must be safe and adequate for the intended use and installed and maintained in acc ordance with Laws and the Contract Documents. Contractor must fence and screen the Project site and, if applicable, any separate Worksites, including the staging area, and its operation must minimize inconvenience to neighboring properties. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. (A) Utilities. Contractor must install and maintain the power, water, sewer and all other utilities required for the Project site, including the piping, wiring, internet and wifi connections, and any related equipment necessary to maintain the temporary facilities. (B) 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. 7.3 Noninterference and Site Management. 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 provide effective notice to the affected parties at least 48 hours in advance 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 Worksites, licenses, easements, and temporary facilities necessary to access and perform the Work. (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. (C) Traffic Management. Contractor must provide traffic management and traffic controls as specified in the Contract Documents, as required by Laws, and as otherwise required to ensure the public and worker safety, and to avoid interference with public or private operations or the normal flow of vehicular, bicycle, or pedestrian traffic. 7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by Laws or by the Contract Documents, without City’s prior written approval as to size, design, and location. 7.5 Project Site 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 City has accepted the Project, excluding any exceptions to acceptance, if any. Except as specifically authorized by City, Contractor 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 58 must confine its operations to the area of the Project site indicated in the Plans and Specifications. 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, including damage related to Contractor’s 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; any Worksite, including the Project site; City’s real or personal property and the real or personal property of adjacent or nearby property owners, including plant and tree protections. (2) City wastewater systems may not be interrupted. If the Work disrupts existing sewer facilities, Contractor must immediately notify City and establish a plan, subject to City’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. (5) Contractor will not permit any structure or infrastructure to be loaded in a manner that will damage or endanger the integrity of the structure or infrastructure. (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. (C) Unforeseen Conditions. If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Plans or apparent from inspection of the Project site, Contractor must immediately notify the City and promptly submit a Request for Information to obtain further directions from 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 Laws. See also, Section 7.15, Trenching of Five Feet or More. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 59 (E) Notification of Property Damage. Contractor must immediately notify the City of damage to any real or personal property resulting from Work on the Project. Contractor must immediately provide a written report to City of any such property damage in excess of $500 (based on estimated cost to repair or replace) within 24 hours of the occurrence. The written report must include: (1) the location and nature of the damage, and the owner of the property, if known; (2) the name and address of each employee of Contractor or any Subcontractor involved in the damage; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with another government agency, Contractor will provide a copy of the report to City. 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 equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation and must be installed in accordance with the manufacturer’s recommendations or instructions. Contractor is responsible for all shipping, handling, and storage costs associated with the materials a nd 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, Final Completion. 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 notify City of any defects discovered in City-provided materials or equipment, sufficiently in advance of scheduled use or installation to afford adequate time to procure replacement materials or equipment as needed. 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) 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. 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. Unless otherwise stated in the Specifications, any reference to a specific brand or trade name for an item that is used solely for the purpose of describing the type of item desired, will be deemed to be followed by the words “or equal.” A substitution will only be approved if it is a true “equal” item in every aspect of design, function, and quality , as determined by City, including 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 60 dimensions, weight, maintenance requirements, durability, fit with other elements, and schedule impacts. (B) Request for Substitution. A post-award 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. (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. 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 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 r esponsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements. 7.8 Testing and Inspection. (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 Worksite, including at shops and yards as well as at the Project site. 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 testing or inspection. Neither City’s inspection or testing of Work, nor its failure to do so, operate to waive or limit Contractor’s duty to complete the Work in accordance with the Contract Documents. (B) Scheduling and Notification. Contractor must cooperate with City in coordinating the inspections and testing. Contractor must submit samples of materials, at Contractor’s expense, 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 no later than noon of the Working Day before any inspection or testing 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 notify the Engineer at least two Working Days in advance for approval. 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, may be deducted from payments otherwise due to Contractor. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 61 (C) Responsibility for Costs. City will bear the initial cost of inspection and testing to be performed by independent testing consultants retained by City, subject to the following exceptions: (1) Contractor will be responsible for the costs of any subsequent tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs. (2) Contractor will be responsible for inspection costs, at City’s hourly rates, for inspection 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 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. 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) Final Inspection. The provisions of this Section 7.8 also apply to final inspection under Article 11, Completion and Warranty Provisions. 7.9 Project Site 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, neat, and sanitary condition and in compliance with all Laws pertaining to safety, air quality, and dust control. Adequate toilets must be provided, and properly maintained and serviced for all workers on the Project site, located in a suitably secluded area, subject to City’s prior approval. 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) Air Emissions Control. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any Laws. (B) 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 water is used for dust control, Contractor will only use 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 62 the minimum necessary. Contractor must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section 7.19, Enviro nmental Control. If City 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 Project site and any dirt deposited on public streets. (C) 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, 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. (D) 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 the storm drain system. (E) Completion. At the completion of the Work, Contractor must remove from the Project site all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Project site, 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. Contractor must restore to original condition all property or items that are not designated for alteration under the Contract Documents and leave each Worksite clean and ready for occupancy or use by City. (F) 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 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 three copies 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. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 63 (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 train City’s personnel in the operation and maintenance of any complex equipment or systems 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 the Plans which will be used solely for the purpose of recording changes made in any portion of the original Plans 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. City may withhold the estimated cost for City to have the as-built drawings prepared from payments otherwise due to Contractor, 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 Plans 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 acceptance as a condition precedent to Final Completion and Final Payment. 7.12 Existing Utilities. (A) General. The Work may be performed in developed, urban areas with existing utilities, both above and below ground, including utilities identified in the Contract Documents or in other informational documents or records. Contractor must take due care to locate identified or reasonably identifiable utilities before proceeding with trenching, excavation, or any other activity that could damage or disrupt existing utilities. This may include excavation with small equipment, potholing, or hand excavation, and, if practical, using white paint or other suitable markings to delineate the area to be excavated. Except as otherwise provided herein, Contractor will be responsible for costs resulting from damage to identified or reasonably identifiable utilities due to Contractor’s negligence or failure to comply with the Contract Documents, including the requirements in this Article 7. (B) Unidentified Utilities. Pursuant to Government Code § 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 trunkline 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 Plans or Specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Contractor will not be 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 64 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 requirements in Government Code §§ 4216 through 4216.5, which are incorporated by reference herein. Government Code § 4216.2 requires that, except in an emergency, Contractor must contact the 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. 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 § 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 § 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 Laws; (2) Subsurface or latent physical conditions at the Project site differing from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids; or (3) Unknown physical conditions at the Project site of any unusual nature, materially different from those ordinarily encountered and generally recognized 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 from those indicated, apparent, or reasonably inferred from information about the Project site made available to bidders, 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 (B) above, or the terms of a Change Order issued by City, 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 Laws which pertain to the resolution of disputes between Contractor and City. 7.15 Trenching of Five Feet or More. As required by Labor Code § 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, 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 65 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 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, including any changes directed by a Change Order. 7.18 Historic or Archeological Items. (A) Contractor’s Obligations. Contractor must ensure that all persons performing Work at the Project site are required to immediately notify the Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, a burial ground, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”). (B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85-foot radius of the find and may not resume until authorized in writing by City. If required by City, Contractor must assist in protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as Extra Work on a time and materials basis under Article 6, Contract Modification. At City’s discretion, a suspension of Work required due to discovery of Historic or Archeological Items may be treated as Excusable Delay pursuant to Article 5, or as a suspension for convenience under Article 13. 7.19 Environmental Control. Contractor must not pollute any drainage course or its tributary inlets with fuels, oils, bitumens, acids, insecticides, herbicides or other harmful materials. Contractor must prevent the release of any hazardous material or hazardous waste into the soil or groundwater, and prevent the unlawful discharge of pollutants into City’s storm drain system and watercourses as required below. Contractor and its Subcontractors must at all times in the performance of the Work comply with all Laws concerning pollution of waterways. (A) Stormwater Permit. Contractor must comply with all applicable conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activity (“Stormwater Permit”). (B) Contractor’s Obligations. 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 it 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 Laws 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 66 governing discharge of stormwater, including applicable municipal stormwater management programs. 7.20 Noise Control. Contractor must comply with all applicable noise control Laws. 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. 7.21 Mined Materials. Pursuant to the Surface Mining and Reclamation Act of 1975, Public Resources Code § 2710 et seq., any purchase of mined materials, such as construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation included on the AB 3098 List, which is available online at: ftp://ftp.consrv.ca.gov/pub/omr/AB3098%20List/AB3908List.pdf. 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 in the schedule of values 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 specified in the Contract Documents. (B) Deleted or Reduced Work. Contractor will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that Contractor reasonably incurred before Contractor learned that the Work could be deleted or reduced. Contractor will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits. 8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit to the Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month. (A) Application for Payment. Each application for payment must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Project site, as well as authorized and approved Change Orders. Each payment application must be supported by the unit prices submitted with Contractor’s Bid Schedule and/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 30 days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code § 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. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 67 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 modification 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 Project site, 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 and may opt to pay that amount separately via joint check pursuant to Section 8.6(B), Joint Checks. (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 an amount equal to five percent of the total amount requested until Contractor complies with its schedule submittal obligations. (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 Shop Drawings that have been accepted by City, when accepted 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, payments, or penalties assessed under the Labor Code, City may deduct from payments due to Contractor as required by Laws and as directed by the Division of Labor Standards Enforcement. (J) For any other costs or charges that may be withheld or deducted from payments to Contractor, as provided in the Contract Documents, including liquidated damages, City may withhold or deduct such amounts from payment otherwise due to Contractor. 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 full amount due on each progress payment (i.e., the amount due before any withholding or deductions pursuant to Section 8.3, Adjustment to Payment Application), or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and satisfactory performance of the Work. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 68 Contractor is not entitled to any reduction in the rate of withholding at any time, nor to release of any retention before 35 days following City’s acceptance of the Project. (A) Substitution of Securities. As provided by Public Contract Code § 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 § 22300 and will be subject to approval as to form by City’s legal counsel. If City exercises its right to draw upon such securities in the event of default pursuant to section (7) of the statutory Escrow Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (f) of Public Contract Code § 22300 (“Escrow Agreement”), and if Contractor disputes that it is in default, its sole remedy is to comply with the dispute resolution procedures in Article 12 and the provisions therein. It is agreed that for purposes of this paragraph, an event of default includes City’s rights pursuant to these Contract Documents to withhold or deduct sums from retention, including withholding or deduction for liquidated damages , incomplete or defective Work, stop payment notices, or backcharges. It is further agreed that if any individual authorized to give or receive written notice on behalf of a party pursuant to section (10) of the Escrow Agreement are unavailable to give or receive notice on behalf of that party due to separation from employment, retirement, death, or other circumstances, the successor or delegee of the named individual is deemed to be the individual authorized to give or receive notice pursuant to section (10) of the Escrow Agreement. (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 pursuant to Section 8.3, Adjustment of Payment Application, will be released as Final Payment to Contractor no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by City’s governing body or authorized designee pursuant to Section 11.1(C), Acceptance, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete pursuant to Public Contract Code § 7107(c). 8.6 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 Project site by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of Laws pertaining to such payments, and those of the Contract Documents and applicable subcontract or supplier contract. (A) Withholding for Stop Notice. Pursuant to Civil Code § 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. (B) Joint Checks. City reserves the right, acting in its sole discretion, to issue joint checks made payable to Contractor and a Subcontractor or supplier, if City determines this is necessary to ensure fair and timely payment for a Subcontractor or supplier who has provided services or goods for the Project. 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 the City Attorney’s Office. 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. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 69 8.7 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. If Contractor fails to submit a timely application for Final Payment, City reserves the right to unilaterally process and issue Final Payment without an application from Contractor in order to close out the Project. For the purposes of determining the deadline for Claim submission pursuant to Article 12, the date of Final Payment is deemed to be the date that City acts to release undisputed retention as final payment to Contractor, or otherwise provides written notice to Contractor of Final Payment or that no undisputed funds remain available for Final Payment due to offsetting withholdings or deductions pursuant to Section 8.3, Adjustment of Payment Application. 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. 8.8 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress pay ment or Final Payment 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 limitations of Public Contract Code § 7100. Any disputed amounts may be specifically excluded from the release. 8.9 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon payment to Contractor. 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 Laws prohibiting discrimination, including the California Fair Employment and Housing Act (Govt. Code § 12900 et seq.), Government Code § 11135, and Labor Code §§ 1735, 1777.5, 1777.6, and 3077.5. 9.2 Labor Code Requirements. (A) Eight Hour Day. Pursuant to Labor Code § 1810, eight hours of labor constitute a legal day’s work under this Contract. (B) Penalty. Pursuant to Labor Code § 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 § 1815. (C) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code § 1777.5, which is fully incorporated by reference. (D) Notices. Pursuant to Labor Code § 1771.4, Contractor is required to post all job site notices prescribed by Laws. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 70 9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code §§ 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 §§ 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 Project site. (A) Penalties. Pursuant to Labor Code § 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 currently applicable state or federal prevailing wage rates. 9.4 Payroll Records. Contractor must comply with the provisions of Labor Code §§ 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 §§ 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 § 1776, Contractor or Subcontractor has ten days in which to comply with the 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 request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor. 9.5 Labor Compliance. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 71 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 health and safety Laws and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at any Worksite, materials and equipment stored on or off site, and property at or adjacent to any Worksite. (A) Reporting Requirements. Contractor must immediately notify the City of any death, serious injury or illness resulting from Work on the Project. Contractor must immediately provide a written report to City of each recordable accident or injury occurring at any Worksite within 24 hours of the occurrence. The written report must include: (1) the name and address of the injured or deceased person; (2) the name and address of each employee of Contractor or of any Subcontractor involved in the incident; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. 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 Laws. (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 Project site 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 Time based on Contractor’s compliance with City’s request for corrective measures pursuant to this provision. 10.2 Hazardous Materials. Unless otherwise specified in the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Project site 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 § 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 Safety Data Sheets (“SDS”) at the Project site, as required by Laws, for materials or substances used or consumed in the performance of the Work. The SDS will be accessible and available to Contractor’s employees, Subcontractors, and City. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 72 (A) Contractor Obligations. Contractor is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Project site 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 Project site 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 Project site condition, the method of construction, or the way any Work must be performed. 10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or property at or adjacent to any Worksite, Contractor must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the City if, under the circumstances, there is inadequate time to seek prior authorization from the City. Article 11 - Completion and Warranty Provisions 11.1 Final Completion. (A) Final Inspection and Punch List. 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 any items that are incomplete, missing, defective, incorrectly installed, or otherwise not compliant with the Contract Documents. The punch list to Contractor 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. The omission of any non-compliant item from a punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents. Contractor’s failure to complete any punch list item within the time specified in the punch list will not waive or abridge its warranty obligations for any such items that must be completed by the City or by a third party retained by the City due to Contractor’s failure to timely complete any such outstanding item. (B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City’s further inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, including instructions and manuals as required under Section 7.10, and complete, final as-built drawings as required under Section 7.11, all to City’s satisfaction. (C) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, unless the Engineer is authorized to accept 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 73 the Project, in which case the Project will be considered accepted upon the date of the Engineer’s issuance of a written notice of acceptance. In order to avoid delay of Project close out, 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. (D) Final Payment and Release of Retention. 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 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 and may use the withheld retention to pay for the costs to self- perform the outstanding items or to retain a third party to complete any such outstanding punch list item. 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. Contractor warrants that materials or items incorporated into the Work comply with the requirements and standards in the Contract Documents, including compliance with Laws, and that any Hazardous Materials encountered or used were handled as required by Laws. At City’s request, Contractor must furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance. (B) Warranty Period. Contractor’s warranty must guarantee its Work for a period of one year from the date of Project acceptance (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 Final Completion, 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 Warranty 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 Warranty Period as to any defects in Work for which Contractor was notified prior to expiration of the Warranty Period. Work performed during the Warranty Period (“Warranty Work”) will be subject to the warranty provisions in this Section 11.2 for a one-year period that begins upon completion of such Warranty Work to City’s satisfaction. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 74 (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, City may correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse City for its costs in accordance with subsection (H), below. (G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, City may immediately correct the defects to conform with the Contract Documents at Contractor’s sole ex pense. Contractor or its surety must reimburse City for its costs in accordance with subsection (H), below. (H) Reimbursement. Contractor must reimburse City for its costs to repair under subsections (F) or (G), above, within 30 days following City’s submission of a demand 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. 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 of the Project, in whole or in part, 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 City acceptance of the Project, 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 a change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, when the demand has previously been submitted to City in 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 75 accordance with the requirements of the Contract Documents, and which has been rejected or disputed by City, in whole or in part. A Claim may also include that portion of a unilateral Change Order that is disputed by the Contractor. (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 § 9204 and § 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 perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Clai m or other dispute. (E) Informal Resolution. Contractor will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face-to-face meeting between authorized representatives of Contractor and City. 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 Docu ments, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all known or estimated 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 component of 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 and Content. A Claim must be submitted in the following format: (1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 12 and specifying the requested remedy (e.g., amount of proposed change to Contract Price and/or change to Contract Time). (2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue, including the specific Change Order request (by number and submittal date), and the date of City's rejection of that demand, in whole or in part. (3) Provide a detailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently, 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 76 separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim: a. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position; b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, RFIs, calculations, and schedule analysis (see subsection (A), Substantiation, above); c. A chronology of relevant events; and d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested. (4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known , Contractor must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts. (5) Include 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 submittal are true and correct. Contractor warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived.” (C) Submission Deadlines. (1) A Claim disputing rejection of a request for a change in the Contract Time or Contract Price 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. A Claim disputing the terms of a unilateral Change Order must be submitted within 15 days following the date of issuance of the unilateral Change Order. These Claim deadlines apply even if Contractor cannot yet quantify the total amount of any requested change in the Contract Time or Contract Price. If the Contractor cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by Contractor. (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 8.7, Final Payment. (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 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 77 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 § 9204. However, if City determines that the Claim is not adequately substantiated pursuant to Section 12.2(A), Substantiation, 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. (A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and Contractor. If Contractor’s Claim is based on estimated amounts, Contractor has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim. (B) Non-Waiver. Any failure by City to respond within the times specified above will 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 specified time, Contractor’s Claim will be deemed waived. (A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. (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 § 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 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 78 address all outstanding Claims at the same time. The parties will share the costs of the mediator and mediation fees equally, but each party is otherwise solely and separately responsible for its own costs to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants. (B) Government Code Claims. (1) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim. (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 Code of Civil Procedure § 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 Burden of Proof and Limitations. 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 speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminishe d 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. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier. 12.9 Legal Proceedings. In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the City's remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the City reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work. 12.10 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, including disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 79 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, including non-compliance with applicable environmental or health and safety Laws, City may immediately order the Work, or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to City’s satisfaction. (A) Notice of Suspension. Upon receipt of City’s written notice to suspend the Work, in whole or in part, except as otherwise specified in the notice of suspension, Contractor and its Subcontractors must promptly stop Work as specified in the notice of suspension; comply with directions for cleaning and securing the Worksite; and protect the completed and in-progress Work and materials. Contractor is solely responsible for any damages or loss resulting from its failure to adequately secure and protect the Project. (B) Resumption of Work. Upon receipt of the City’s written notice to resume the suspended Work, in whole or in part, except as otherwise specified in the notice to resume, Contractor and its Subcontractors must promptly re-mobilize and resume the Work as specified; and within ten days from the date of the notice to resume, Contractor must submit a recovery schedule, prepared in accordance with the Contract Documents, showing how Contractor will complete the Work within the Contract Time. (C) Failure to Comply. Contractor will not be entitled to an increase in the Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. (D) 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. 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, and subject to the provisions of Section 13.1(A) and (B), above. If Contractor submits a timely request for a Change Order in compliance with Articles 5 and 6, t he Contract Price and the Contract Time will be equitably adjusted by Change Order pursuant to the terms of Articles 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience, except to the extent that any such impacts were caused by Contractor’s failure to comply with the Contract Documents or the terms of the suspension notice or notice to resume. However, the Contract Time will only be extended if the suspension causes or will cause unavoidable delay in Final Completion. If Contractor disputes the terms of a Change Order issued for such equitable adjustment due to suspension for convenience, its sole recourse is to comply with the Claim procedures in Article 12. 13.3 Termination for Default. City may declare that Contractor is in default of the Contract for a material breach of or inability to fully, promptly, or satisfactorily perform its obligations under the Contract. 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 80 (A) Default. Events giving rise to a declaration of default include Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; Contractor’s refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct defective Work or damage; Contractor’s failure to comply with Laws, or orders of any public agency with jurisdiction over the Project; evidence of Contractor’s bankruptcy, insolvency, or lack of financial capacity to complete the Work as required within the Contract Time; suspension, revocation, or expiration and nonrenewal of Contractor’s license or DIR registration ; dissolution, liquidation, reorganization, or other major change in Contractor’s organization, ownership, structure, or existence as a business entity; unauthorized assignment of Contractor’s rights or duties under the Contract; or any material breach of the Contract requirements. (B) Notice of Default and Opportunity to Cure. Upon City’s declaration that Contractor is in default due to a material breach of the Contract Documents, if City determines that the default is curable, City will afford Contractor the opportunity to cure the default within ten days of City’s notice of default, or within a period of time reasonably necessary for such cure, including a shorter period of time if applicable. (C) Termination. If Contractor fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the notice of default, City may issue written notice to Contractor and its performance bond surety of City’s termination of the Contract for default. (D) 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 pursuant to paragraph (C), 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 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, where “additional cost” means all cost in excess of the cost City would have incurred if Contactor had timely completed Work without the default and termination. In addition, City will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on City property for the purposes of completing the remaining Work. (E) Compensation. Within 30 days of receipt of updated as-builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to City of all equipment and materials for the Project for which Contractor has already been compensated, Contractor will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold or deduct sums from payment otherwise due pursuant to Section 8.3, and excluding any costs Contractor incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If Contractor disputes the amount of compensation determined by City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of the total compensation to be paid by City. (F) Wrongful Termination. If Contractor disputes the termination, its sole recourse is to comply with the Claim procedures in Article 12. 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 conv enience, and Contractor’s damages will be strictly limited to the compensation provided for termination for 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 81 convenience under Section 13.4, below. Contractor waives any claim for any other damages for wrongful termination including special or consequential damages, lost opportunity costs, or lost profits, and any award of damages is subject to Section 12.8, Burden of Proof and Limitations. 13.4 Termination for Convenience. City reserves the right, acting in its sole discretion, to terminate all or part of the Contract for convenience upon written notice to Contractor. (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 as of the date notice of termination is received, 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. Demobilization costs specified in the schedule of values, or if demobilizations cost were not provided in a schedule of values pursuant to Section 8.1, then based on actual, reasonable, and fully documented demobilization costs; and (3) Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date. (B) Disputes. If Contractor disputes the amount of compensation determined by City pursuant to paragraph (A), above, its sole recourse is to comply with the Claim procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of total compensation to be paid by City. 13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part. (A) General. Upon termination City may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. Contractor will transfer title to and deliver all completed Work and all Work in progress to City. (B) Submittals. Unless otherwise specified in the notice of termination, Contractor must immediately submit to City all designs, drawings, as-built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, including incomplete documents or drafts. (C) Close Out Requirements. Except as otherwise specified in the notice of termination, Contractor must comply with all of the following: (1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with City’s instructions for cessation of labor and securing the Project and any other Worksite(s). 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 82 (2) Comply with City’s instructions to protect the completed Work and materials, using best efforts to minimize further costs. (3) 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. (4) As directed in the notice, Contractor must assign to City or cancel existing subcontracts that relate to performance of the terminated Work, subject to any prior rights, if any, of the surety for Contractor’s performance bond, and settle all outstanding liabilities and claims, subject to City’s approval. (5) As directed in the notice, Contractor must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to City. (D) Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination , Contractor will submit its request for Final Payment, including any amounts due following termination pursuant to this Article 13. Payment will be made in accordance to the provisions of Article 8, based on the portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing, including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by Contractor; payments received for sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as otherwise specified in Section 8.3, Adjustment of Payment Application. (E) Continuing Obligations. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, 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 § 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. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 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, 2021 Pavement Maintenance Phase 1 GENERAL CONDITIONS 2021-105 Page 83 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. 14.6 Survival. The provisions that survive termination or expiration of this Contract include Contract Section 11, Notice, and subsections 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6, of Section 12, General Provisions; and the following provisions in these General Conditions: Section 2.2(J), Contractor’s Records, Section 2.3(C), Termination, Section 3.7, Ownership, Section 4.2, Indemnity, Article 12, Dispute Resolution, and Section 11.2, Warranty. END OF GENERAL CONDITIONS 2021 Pavement Maintenance Phase 1 SPECIAL CONDITIONS 2021-105 Page 84 Special Conditions 1. Existing Equipment. 1.1 Contractor will carefully remove all existing equipment from the Project site. If the City specifies or indicates that equipment is to be salvaged and reused or to remain the property of City then the Contractor will reuse or return the equipment to the City. Contractor will store and protect salvaged equipment specified to be reused in the Work. Contractor will delivery to the City in good condition the equipment that is to remain City property but not be reused in the Work. 1.2 If an item specified to be salvaged is damaged during its removal, storage, or handling through carelessness or improper procedures, then Contractor will replace that equipment in kind or with a new item. For those items specified to be salvaged Contractor may choose to instead furnish and install new equipment, in which case the original, removed items will become Contractor’s property. Existing materials and equipment removed by Contractor will only be reused in the Work if so specified or indicated by the City. 2. Work Days and Hours. Work hours and noise pose a special concern for projects in residential neighborhoods. The City is very concerned for its residents and will diligently enforce the restrictions below. 2.1 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. 2.2 Worker Arrival and Parking. Workers may arrive at the Project site no earlier than 7:00 a.m. Violations of these requirements will result in a $3,000 dollar penalty to Bidder/Contractor, per occurrence. 2.3 Equipment and Material Delivery and Off-Haul Hours. No equipment or material may be delivered or off-hauled except between the hours of 7:00 a.m. and 5:00 p.m. No equipment that has a safety back up beeper may be operated before 7:00 a.m. on any day. 2.4 Work Days Only. Work will only 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, 2.5 Connections to Existing Facilities. Unless otherwise specified or indicated, Contractor will make all necessary connections to existing facilities, includin g 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 faci lities operations. Contractor will protect facilities against deleterious substances and damage. 2.6 Road Shutdown. Contractor will execute the Work while roads are in operation except for the periods of permitted shutdown. For shutdown periods, Contractor will prepare and submit a detailed plan that includes shutdown schedule, planned seque nce of work, milestones and projected times of completions of activities, any anticipated problems, Contractor’s supervisory personnel, actions desired of City and st aff, and contingency plans. Contractor will allow sufficient time for review and re-submittal of the 2021 Pavement Maintenance Phase 1 SPECIAL CONDITIONS 2021-105 Page 85 shutdown plan until acceptable to City. Contractor will employ sufficient labor, superintendence, and equipment on a 24-hour, 7 days a week basis during shutdown and other operational disruptions to complete Work within the specified periods at no additional cost to the City. Once initiated, Work may proceed on extra shift or around- the-clock basis as necessary. When required to minimize treatment proces s interruptions while complying with specified sequencing constraints, Contractor will provide power, lighting, controls, instrumentation, and safety devices. 2.7 Noise Limitation. No non-construction noise will be allowed, this includes amplified music, radio or other noise not due to construction activities. 3. SUBMITTALS FOR QUALITY ASSURANCE. In the Technical Specifications, the City may specify quality assurance requirements, including qualifications for special skills and experience required of the Contractor. For any specified skill, the Contractor may use a subcontractor that specializes in the work and meets the performance requirements or the Contractor may self-perform the work, subject to demonstrating the necessary skill, experience, and/or certifications to perform the work. The Contractor will submit verification that the materials and labor skills meet the specified requirements prior to implementing the specific work though the submittal process. 4 Authorized Work Days and Hours. 4.1 Authorized Work Days. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project on the following days of the week, excluding holidays observed by City: Monday – Friday 4.2 Authorized Work ours. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project during the following hours: 8 AM – 5 PM. Work hours on Saich, E Estates and Mann Dr Shall be limited to 9:30 AM - 3:30 PM 5. Traffic Control Requirements The Contractor shall submit traffic control plans to the Engineer for approval five (5) working days prior to the pre-construction meeting. Traffic control plans shall conform to the requirements in item number 5.22 below. All cost and expense for traffic control shall be included in the bid prices for various bid items and no special compensation shall be allowed. 5.1 The Contractor shall conduct operations and schedule cleanup so as to cause the least possible obstruction and inconvenience to traffic, pedestrians, cyclists and adjacent property owners. All work areas shall be swept clean at the end of each day’s work and at other times when directed by the Engineer. A mobile street sweeper shall be used wherever practical and dust shall be suppressed to the satisfaction of the Engineer. 5.2 The Contractor shall protect open excavations, trenches, and such during construction with fences, covers, and railings as required, together with signs, lights, and other warning devices sufficient to maintain safe pedestrian, bicycle and vehicular traffic to the satisfaction of the Engineer. 5.3 Damage done by the Contractor during the course of the work to adjacent City, public or private property shall be repaired in kind, or as directed by the Engineer, at the 2021 Pavement Maintenance Phase 1 SPECIAL CONDITIONS 2021-105 Page 86 Contractor’s expense. This includes the repair of traffic loop detectors, striping, signing, curb markings, etc. Loop detectors must be repaired within one week of the damage. 5.4 The Contractor shall remove all forms, debris, and undesirable material from the job site at the end of each work day. After each site has been completed, the Contractor shall restore planting areas and other areas abutting the work to the condition existing at the start of work. 5.5 No stockpiling of materials or parking of equipment during non-working hours will be allowed on City property, i.e., streets, alleys, parking lots, sidewalks, etc. 5.6 The Contractor's employees are subject to all parking regulations in effect in the City of Cupertino. 5.7 The Engineer shall have the right to limit the amount of asphalt digouts which may be opened or partly opened at any time. No more than 300 feet of asphalt digouts shall be left open at any one time. 5.8 All open trench and excavations must be backfilled and paved with temporary asphalt concrete or non-skid steel plated at the end of each work day. The Contractor shall place 18 inches cold cutback around the edges of steel plates to eliminate the vertical edges. 5.9 Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor a t his expense. 5.10 The Contractor shall place barricades 50 feet on center at the gutter joints and provide one working flasher for each barricade and shall insure that each flasher is maintained in working condition while in use. The Contractor shall not remove the barricades in the street at any given location until the asphalt concrete patching adjacent to the gutter and/or gutter overlay has been done and the hazard to bicyclists and motorists no longer exist. 5.11 Contractor shall maintain access to all driveways except when actually doing construction within the driveway boundaries, at which time partial access will be maintained unless alternate arrangements can be made with the property owners or tenants in advance. If the driveway to any garage or parking area is to be closed for construction work, prior written approval must be obtained from the property owners and the Engineer. Notice shall be posted by the Contractor 72 hours in advance stating the approximate time the driveway will be closed and reopened. 5.12 City of Cupertino Truck Routes for all hauling shall be used, as described in Section 10 of the Special Provisions. 5.13 Contractor shall obtain a Transportation permit from the Public Works Department for any vehicle which exceeds weight or dimensions prescribed in the California Vehicle Code. 5.14 The Contractor shall provide a certified professional traffic control crew that is independent from the construction activity. This traffic control crew shall be responsible to the Contractor for implementing the traffic control measures detailed in this Contract. The crew is subject to the approval of the Engineer. 5.15 The Contractor shall supply, place, and maintain all necessary traffic control devices during construction in accordance with the applicable requirements of the City of 2021 Pavement Maintenance Phase 1 SPECIAL CONDITIONS 2021-105 Page 87 Cupertino, the California Manual of Uniform Traffic Control Devices, and the traffic control plans approved by the City. 5.16 All traffic control devices shall conform to Section 12 of the Caltrans Standard Specifications. They are to be in good condition and sufficiently clean so as to be easily visible to traffic. All signs shall be placed in positions where they convey their message most effectively or as shown on the approved traffic control plan. 5.17 Type II and III barricades with working flashers shall be used. At least one working flashing light must be installed on each barricade for night work. Flashing lights must be maintained in good working order throughout the duration of the w ork. Crosswalk closing barricades shall be Type II with a 6" orange border at the base. 5.18 Signs to be used for traffic control shall conform to the requirements of the California Manual of Uniform Traffic Control Devices. Signs that are attached to existing poles shall not cause any damage to the poles when they are attached or removed. All of the hardware that is used when attaching signs to exist ing poles shall be completely removed from the poles when the signs are removed. If a construction si gn is required in an area where it cannot be attached to an existing pole, it shall be attached to a 4” x 4” wooden pole. The distance from the ground surface to the bottom of the sign shall be seven (7) feet. 5.19 A flag-type high level warning device with three or more flags shall be used for each direction of traffic affected, generally placed within the taper area. 5.20 Flashing arrow boards shall be Type A or Type II as described in Section 6F.56 of the California Manual of Uniform Traffic Control Devices. Flashing arrow boards are required for lane shifts and reductions and may be required for nighttime work. 5.21 Dated “No Parking Tow Away” signs shall be posted a minimum of 72 hours in advance of all work requiring that cars not be parked on the street. Date and time of work shall be written on signs in two-inch-high letters with a ¼-inch felt black marker. Signs shall be posted 50 feet on center and removed immediately after the work is completed. The Contractor must notify the Project Inspector with locations of posting to verify sevent-two (72) hour notice. 5.22 Traffic Control Plans. A traffic control plan consistent with the following generally applicable conditions must be approved by the Public Works Department prior to the pre - construction meeting. The Contractor shall supply, place, and maintain all necessary traffic control devices in accordance with the California Manual of Uniform Traffic Control Devices and the following conditions: • Traffic control plans will include a schedule of construction showing each phase of work and the anticipated method of handling traffic for each phase. Traffic control plans will include a scaled drawing of the street, lane configuration, parking, sidewalk, work area, and the location of signs and cones, etc., to warn, direct, and guide the traffic. For all major intersections, the traffic control plan shall reflect actual (not typical) intersection layout and indicate islands, medians, lane lines, bike lanes, nearby driveways, and note all pavement and lane widths. • In general, Contractor shall maintain all vehicular, pedestrian, and bike movements. No total closure of any arterial or collector street will be permitted. City may allow closure of local residential streets but Contractor shall always maintain local and emergency access. 2021 Pavement Maintenance Phase 1 SPECIAL CONDITIONS 2021-105 Page 88 • The Contractor shall maintain one lane of traffic in each direction at all times on all streets. The clear width of the lane shall be a minimum of 10 feet. • A minimum four feet clear sidewalk shall be maintained unless the work makes closure unavoidable, in which case the sidewalk may be closed while working, subject to the approval of the Engineer. However, an alternate pedestrian facility must be provided for the duration of the closure. At intersections, work will be permitted at one corner at a time so pedestrian movements can be maintained through the intersection. 5.23 Work shall not restrict visibility of any traffic control device. 5.24 No work will be permitted within 1500 feet of school grou nds will be permitted during school drop-off or pick-up hours. Other special restrictions may be required at heavily used school crossings or school commute routes beyond 1500 feet from the school grounds as deemed necessary for student safety by the Engineer. 5.25 No closure of lanes on arterial and collector streets will be permitted between the hours of 7 and 9 a.m. and 3:30 and 7 p. m. 5.26 If work will impact transit stops or transit routes, Contractor shall be required to contact Santa Clara Valley Transportation Authority or other affected transit companies to address relocation of facilities or rerouting of buses prior to submitting tra ffic control plan. Traffic control plan should indicate what actions are being taken with regard to transit services. 5.27 Any work within 150 feet of any signalized intersection should be coordinated with the Traffic Signal Technician at (408) 777-1366. 5.28 The Contractor shall be required at Contractor’s expense to hire Santa Clara County Sheriff’s officers to direct traffic when working at signalized intersections, especially when (1) equipment is intermittently blocking or crossing a traffic lane; (2) on ly one lane of traffic is available for two directions of traffic; (3) one lane of traffic is available in each direction, but the left turning traffic is also using the through lane; and (4) at multiple lane signalized intersections. Two officers per intersection shall be required. 5.29 All signs and other warning devices shall be provided by the Contractor and shall become his property after completion of the Contract. The cost of providing, installing and maintaining signs, lights, caution tape, delineators, flares, barricades and ot her facilities as directed by the Engineer for the convenience and direction of public traffic shall be included in the prices paid for the various items of work involved in the project. 5.30 The above requirements are a minimum and do not limit the Cont ractor’s responsibility of doing all that is practical and necessary to ensure the s afety of workers, pedestrians, bicyclists, and motorists. The Contractor shall conform to the above traffic control requirements which are generally applicable to most com mon situations. Based on the nature of a job, additional conditions or exceptions to the above conditions may be necessary. 6. Lines and Grades Verification All Work must be done to the lines, grades, and elevations indicated on the Plans and Specifications, and in accordance with all applicable codes and laws. Contractor is required to verify forms and other work comply with lines, grades and elevations. 7 Pre-Construction Conference. City will designate a date and time for a pre- construction conference with Contractor following Contract execution. Project administration 2021 Pavement Maintenance Phase 1 SPECIAL CONDITIONS 2021-105 Page 89 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: 7.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent; 7.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours; 7.3 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; 7.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer; 7.5 Schedule with list of Project submittals that require City review, and list of th e proposed material suppliers; 7.6 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements; 7.7 Project Baseline Schedule outlining how contractor plans to meet construction schedule for each applicable bid item on a street by street basis. 7.8 Any other document specified in the Special Conditions, Technical Provisions or Notice of Award 8. NOTIFICATION TO ABUTTING PROPERTIES The Contractor shall be responsible for the following: If these notifications are not strictly followed, the Contractor shall not be allowed to work on the street. Advance Notice of Work to Abutting Properties The Contractor shall notify the abutting properties along the street where the work is to be completed. Notification to properties shall be in the form of door hangers. The Contractor shall submit a sample door hanger to the City of Cupertino for review and approval prior to placement. Door hangers must be placed 2 working days prior to starting construction on a particular street. The Contractor shall provide the City with the schedule for placement of the door hangers, so that the City can verify that they have been placed within the required notification time. Door hangers must be place by noon so that the City may verify placement. Posting & Towing The Contractor shall be responsible for providing and posting 'No Parking' signs at approximately 100 ft. intervals throughout the section of work. The Contractor shall be responsible for removal of vehicles which would interfere with the work and insure 48 hours notice is given to the property owner or tenant. If these notification procedures are not strictly followed, the Contractor shall not be allowed to work on the street. Towing Procedure Cupertino Municipal Code Section 11.24.200 D authorizes the tow away of vehicle parked on a public street where construction or s treet repair work is scheduled to occur. 2021 Pavement Maintenance Phase 1 SPECIAL CONDITIONS 2021-105 Page 90 The Contractor performing the scheduled work is responsible for erecting the req uired signs giving notice that such vehicles may be towed away if left on the street during the time that the work is scheduled to be p erformed. The signs shall be erected at least 48 hrs. prior to the scheduled start of work. The Contractor must notify Cupertino Code Enforcement (408) 777-3182 with locations of posting, to verify forty-eight (48) hour notice. All costs for notification and posting of signs shall be included in the various items of work and no special compensation will be allowed. 9. Covid-19. Exhibit A-A, “Shelter in Place and Social Distancing Requirements” dated July 13, 2020 (updated October 13, 2020), is hereby inc orporated into these Special Conditions. These requirements are subject to revision by State, County, and City authorities. The bidder is responsible to meet the most current requirements of the jurisdictions having authority, know the protocols are peri odically updated. END OF SPECIAL CONDITIONS 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 91 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 road (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. (e) When asphalt keycuts remove any portion of a bike lane, warning signs including bike lane closed ahead, uneven pavement, and share the road signs shall be placed to provide advanced warning to bicyclists. The signs shall remain in place until final paving is complete and bike lane striping is replaced. 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. The Contractor is responsible for proper placement and maintenance of all signs and barricades. Any additional signs, barricades, lights, etc., that may be required by the Engineer to ensure public safety shall be installed and maintained by the Contractor. 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 92 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 Contractor shall submit the traffic control plan and have an approved traffic control plan prior to commencing work. Traffic control shall be planned for each individual lane closure with detail layouts of all signage locations. For all other locations, Contractor shall provide traffic control plan indicating each specific street(s) to be worked on a daily basis and warning signage to be placed on adjacent streets to warn public of work areas. 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. Contractor shall reserve sheriff deputies to assist with traffic control when working within 500’ of a signalized intersection. 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. Contractor shall supply two (2) programmable message boards each per arterial / collector street a minimum of one week in advance of any work at designated locations as advanced information signs. The message shall be pre-approved by the Engineer prior to programming. 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; 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: 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 93 Street Special Traffic Control Provision Arterials: Lane closures are limited to one lane at a time . The roadway shall be open for two- way traffic at all times. Other Collectors: Saich Way, E Estates Dr, Mann Dr 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. Works hours: 9:30 AM – 3:30 PM. Residential: Traffic may be limited to only local traffic during the period between 8 a.m. and 5 p.m. Contractor shall provide sufficient flagman to allow for resident ingress/egress. Hauling of equipment and materials is prohibited with 500’ of any school between the hours of 7:00 AM and 9:30 AM and 2:00 PM and 4:00 PM. Contractor is responsible for identifying locations of schools and planning haul route accordingly. Work hours shall be limited to 8:00 AM – 5:00 PM 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 cones or portable delineators placed on a taper in advance of the parked 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 94 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 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 opinion 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. c. Measurement & Payment The contract lump sum price paid for Traffic Control shall include full compensation for furnishing all labor including flagging costs, materials 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 95 (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. HOT MIX ASPHALT TYPE A (Bid Item Numbers 2- 4) a. Item Requirement Work to be performed under this Section covers all labor, materials, tools, equipment, transportation, and incidentals necessary to construct HMA including leveling, overlay, pavement replacement, transitions and digouts. All such work shall conform to the applicable provisions of the State of California, Department of Transportation, Standard Specifications (Caltrans) dated 2010; these Technical Specifications; and the plans and typical sections. The Contractor shall submit a comprehensive QC plan for the work outlining the qualifications of the testing facilities and personnel. It shall conform the Caltrans Quality Control Manual modified as applicable for the Standard Process. Daily reports shall be provided to the Engineer within 24 hours after completion of paving and shall be provided on Caltrans CEM forms. b. Scope All asphalt concrete materials shall be as specified in Section 39, “Hot Mix Asphalt”, of the 2010 Standard Specifications; these Technical Provisions; and the plans and typical sections. However, at the Contractor’s option, Superpave mix designs conforming to the 2018 Caltrans Standard Specifications will be acceptable with a limitation of 15% maximum RAP content. Mix Types Generally, the hot mix asphalt to be used will be as follows unless modified by the Engineer: Base Courses: 3/4 inch, Type A HMA, for base courses greater than 2-1/2 inches (0.20 feet or 65 mm). 1/2 inch Type A HMA for base courses of 2-1/2 inches (0.20 feet or 65 mm) or less. Leveling Courses: No. 4 ,Type A HMA for leveling courses of 1 inch (0.06 feet or 19 mm) or less. 3/8 inch Type A HMA, for leveling courses greater than 1 inch (0.06 feet or 19 mm)- 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 96 Surface Courses: 1/2 inch, Type A HMA, for surface courses of 2-1/2 inches (0.20 feet or 65 mm) or less on residential minor collectors; surface courses less than 2 inches (0.17 feet or 50 mm) on collectors and arterials; and on all alleyways and parking lots. 3/4 inch Type A HMA for surface courses greater than 2 inches (0.17 feet or 50 mm) on collectors and arterials. At the Contractors option, ½- inch Type A HMA may be used for these courses. Binder Type The asphalt grade shall be PG 64-16 and shall conform to Subsection 92 of the Standard Specifications. Tack Coat Tack coat shall be utilized and will be emulsified asphalt Grade RS-1, RS- 1h, SS-1, or SS-1h and shall conform to Section 94, ‘Asphaltic Emulsions’, of the Standard Specifications. Contractor-Supplied Job Mix Formula (JMF) The contractor will be required to furnish the Engineer with a JMF for each type of asphalt concrete to be used on the project. The JMF shall include a list of material sources and a Certificate of Compliance signed by the material supplier or his representative indicating that the materials to be incorporated in the work fulfill the requirements of these specifications. This submission will be provided fifteen calendar days or ten working days prior to the start of work. If requested, the contractor will also provide aggregate and binder samples or a plant produced mix sample for mix design verification. The mix designs shall be prepared by laboratories and personnel with current Caltrans or AASHTO certification. The asphalt concrete mixtures shall conform to all of the provisions of the revised Section 39 of the Standard Specifications and to the following requirements: For arterial and collector streets the asphalt concrete air void content shall be between 4% minimum and 5% maximum and the S-value (for 2010 HMA mixes) shall be 37 or greater. For 2015 Superpave mixes, the maximum rut depth at 15,000 passes shall be 10 mm using the average of both tracks. For residential streets and collectors, the asphalt concrete air void content shall be between 3% minimum and 4.0% maximum and the S-value shall be 35 or greater. JMFs shall be presented on forms CEM 3511, CEM 3512 and if available, CEM 3513. The JMF’s shall not older than 12 months. 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 97 Delivery Tickets Each delivery ticket shall include information on the material type, binder type, oil content, and the mix design number. Material delivered to the project without such annotations shall be subject to rejection. CONSTRUCTION Park Pathways and Parking Areas The contractor needs to exercise care in regards to the size and weight of asphalt removal and asphalt replacement equipment within parks and schools. The asphalt pedestrian pathways may be sourrounded by irrigated grass turf. Rutting and/or destruction of the turf and surrounding trees are to be minimized to the maximum extend possible. Asphalt transport equipment, due to overhead height restrictions, width restrictions and weight restrictions shall be smaller than 10 wheel dump trucks or transfer trucks. Work shall be performed with a minimal disruption to parking/pedestrian movement. Surface Preparation The work shall consist of preparing the existing street surfaces prior to the commencement of paving. Such work shall include removing raised pavement markers, removing surface mounted concrete centerline dividers where applicable, removing thermoplastic traffic markings and legends, controlling nuisance water, sweeping, watering, and removing loose and broken asphalt concrete pavement and foreign material as specified in the Standard Specifications and these Technical Specifications, and as directed by the Engineer. Prime Coat No prime coat is required. Tack Coat Tack coat shall be applied to all existing asphalt concrete or Portland cement concrete surface to be paved over. The tack coat shall conform to the requirements in Section 39 of the Standard Specifications. All vertical edges to be paved against shall be tack coated. These include, but are not limited to, curb faces, gutter lips, swale edges, cross gutter edges, and asphalt concrete edges. Vertical edges shall be tack coated by hand wand or manually by brush. Tack coating vertical edges using a distributor truck shall not be allowed. The tack coat application shall not extend above the level of the finished surface by more than 1 inch. Gutter pans and curb faces not to be tack coated shall be protected by shields or other methods. Any overspray beyond the one inch shall be removed by means approved by the Engineer. 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 98 Tack coat shall be applied per Section 39-1.09C. The tack coat for cold planed areas shall be double that of the existing pavement or leveling courses. The cold planed areas shall be tack coated first and then recoated when the entire pavement is tack coated. Existing curb faces and driveways shall be protected against disfigurement or discoloration from the asphalt materials including tracked tack coat. Residue of the material shall be removed from curb faces and driveways by sandblasting or other means acceptable to the Engineer. Cleaning shall be to the extent required by the Engineer. The CONTRACTOR shall be responsible for cleaning tack coat tracked onto decorative concrete crosswalks and thermoplastic legends and crossbars within the project limits and along truck haul routes used by the CONTRACTOR or his SUBCONTRACTORS. All haul routes for the work shall be designated. The haul routes shall be inspected by the City and CONTRACTOR prior to initiating work to photographically establish the existing conditions. Within 10 calendar days of completion of final paving, the City and CONTRACTOR shall reinspect the haul routes to determine the extent and locations of required cleaning. Cleaning shall be performed within 10 calendar days after the City delivers a written copy of the locations of required cleaning. Failure to meet this schedule, whether to reinspect or to perform cleaning, shall subject the CONTRACTOR to the payment adjustments provisions listed in paragraph 8.3 of the General Provisions. Cold Joints On paving days where the ambient temperature is below 60°F, cold joints, both longitudinal and transverse, shall be heated with a torch immediately prior to paving. Longitudinal joints may be heated using a heating device attached to the paver. Cold joints include previous passes placed more than three hours prior. All cold joints shall be tack coated. Leveling, Transitions, and Asphalt Concrete Fills A leveling course of variable thickness shall be placed and compacted prior to placing the surface course at locations where directed by the Engineer. The leveling course will be used to correct pavement irregularities such as rutting, variable cross slope, or variable longitudinal slope. The leveling course also prepares the existing surface for pavement fabric. Where two overlays of different thickness abut at a longitudinal joint, the Contractor shall add to the thinner section to match the thicker lift and provide a smooth transition and uniform cross-fall. Cold planing ridges or other rises in the pavement surface may be required by the Engineer. The Engineer will determine the exact limits and thickness of the leveling courses, asphalt concrete fills, and transitions. Layout The contractor shall layout and mark the location of the edges of the paving passes of the surface course to match the new layout of the lane lines. The 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 99 layout shall be made at least 24 hours prior to paving. The layout shall be approved by the Engineer prior to paving. If the striping is to remain unchanged, the edges of the paving passes shall conform to existing lane edges. In all cases where practical, each lane shall be paved in a single pass. In tapered transition areas, the shoulder areas shall be paved first, then the through lane shall be hotlapped immediately after the shoulder paving. For paving which incorporates new quarterpoints or gradebreaks due to keycuts or other conditions, the contractor shall provide equipment capable of adjusting to the new surface profile at the appropriate locations. The profile adjustments shall be within twelve inches of the actual quarterpoint or gradebreak. The contractor shall take sufficient measurements during laydown to assure that the full design asphalt concrete layer depth is provided at each quarterpoint, gradebreak, and transition. Failure to provide the design depth at these areas will result in rejection of the work. Correction of this rejected work will include milling out the new asphalt concrete from the road edge to the centerline or nearest inside lane line and repaving. The minimum length of the milled and corrected area shall be fifty feet. Asphalt Depth Asphalt thicknesses for arterial dig outs are 9 inches, collector dig outs are 6 inches, residential dig outs are 4 inches, digouts in park pathways and parking lots are 3 inches, cold planed fills are 4 inches, residential overlays are 2 inches, residential leveling (followed by an overlay) are ½ inch and residential leveling (not followed by an overlay) are 1 inch. Asphalt Dig Out – Safety Final lift (1-3/4” minimum) shall be in place within 24 hours of asphalt removal. Once the pavement is removed in asphalt removal and replacement areas, the Contractor shall diligently prosecute the work so that the deep lift of HMA is in place within the same working day. At no time shall there be a drop off greater than 0.1' (one-tenth of a foot) in the pavement overnight. Cold patch shall be used to make tapers conforming to this requirement. The cold patch shall be completely removed prior to paving the surface course. Thinning of surface course shall be not be used to meet this overnight requirement. No unnecessary delays shall be tolerated. By way of ascertaining and fixing the amount of damages, and not by way of penalty, the Contractor shall pay the City the sum of three hundred dollars ($300) per calendar day, for each excavated area that remains incomplete beyond the three calendar (3) day limit. Day one starts upon the initial removal. All liquidated damages in this Contract are cumulative. 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 100 Tolerances The Contractor shall provide 10 or 12 foot straightedge for use by the inspector with the paving machine during paving operations. It shall be immediately available at all time that paving operations are in operation. The finished asphalt concrete surface shall be flush with, to 1/4 inch (0.020 feet or 6 mm) above, the gutter lips. The finished pavement surface shall not be lower than the gutter lips. The completed paving shall meet the following thickness tolerances: Digouts: +/- 0.04 feet (12.5 mm or ½”) Leveling Courses: Average Depth +/- 0.02 feet (6 mm or ¼”) Surface Courses: Minimum Depth: 0.15 feet (50 mm or 1-3/4”). average depth shall equal design depth. The Contractor shall be within 5% of computed tonnage using the product of the measured area, design depth and average compacted unit weight in place. The Contractor shall monitor production and order material such that neither excess or insufficient material is provided. To assure completion of the paving at the end of the day, the City will pay for no more than 8 tons of excess and unused material. The maximum allowable exposed pavement fabric at the end of a day shall be 50 feet. Rolling and Compaction Compaction of all HMA courses 0.15 feet (1.75 inches) or greater (including digouts) shall comply with the Standard Process density requirements. For leveling courses under, breakdown rolling shall consist of a single pass of a 8 ton (minimum) steel wheel roller, three coverages with a pneumatic roller followed by a finishing coverage with a steel wheel roller. Pneumatic rollers shall weigh between 8 and 12 tons and shall be equipped with side skirts to hold in heat. A minimum of two (2) pneumatic rollers with separate operators shall be provided. Pneumatic rollers shall have skirting to maintain the heat of tires. All required rollers (3 minimum) shall have full time operators. The three coverages of pneumatic rolling shall be completed prior to the pavement surface temperature falling below 200ºF as indicated with an infrared temperature gun. Failure to comply with this provision shall be cause to stop additional paving until the rolling is brought into compliance as indicated by the Engineer. At no time shall more than one roller be serviced (fuel or water) at a time. In lieu of the core testing indicated in the revised specifications referenced above, the following shall apply: The compaction shall be computed for each lot, with a maximum lot size of 500 tons. Each street segment of less than 500 tons shall be its own unique lot. Core density/nuclear gauge shall 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 101 be done per CTM 375, ‘Determining the In-Place Density and Relative Compaction of Asphalt Concrete Pavement’. The average asphalt concrete density of each lot shall be between 92.5% and 96.0% of Maximum Theoretical Density. Individual test sites shall be between 91.0% and 97.0% of Maximum Theoretical Density. Core/nuclear densities shall be taken at a rate of no fewer than one core per 50 tons of mix. If compaction fails by nuclear methods, then core density/nuclear gauge correlation and/or core densities shall be used to establish compaction. When core density is used to determine compaction, cores that fall between 91.0% and 97.0% of Maximum Theoretical Density shall be paid for by the owner. Failing cores shall be paid for by the Contractor. If the core density testing produces both passing and failing cores, the cost will be prorated between the owner and Contractor. Compaction failing to meet the above criteria shall be subject to the payment reductions indicated in Section 39-2.03, “Reduced Payment Factors for percent of Maximum Theoretical Density and the payment shall apply to each 500 ton lot: The deductions shall be based on the average of the lot and/or reductions for individual test locations. Drainage The Contractor shall inspect the proposed paving areas for potential drainage problems related to the paving work. This inspection shall be done prior to the preconstruction meeting and a list of areas of concern shall be provided at that meeting. The Engineer will provide direction as to how each area shall be constructed for drainage. A minimum of 10 calendar days shall be provided prior to paving. Within 3 days after completion of paving, the Contractor shall provide a water truck and traffic control as necessary to test any drainage areas of concern. Drainage problems shall be corrected by the Contractor as directed by the Engineer at no additional expense. Drainage problems are defined as birdbaths greater than ¼” in depth and/or greater than 3 feet in any dimension shall be corrected. Correction of drainage problems shall use an inferred heater to heat the asphalt. HMA shall be added or removed as necessary and the area compacted using a small vibratory roller if possible or vibraplates if inaccessible to a roller. c. Measurement & Payment Payment for each bid item shall be by the ton and shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, incidentals; and for doing all of the work involved in constructing asphalt concrete pavement, tack coat, complete as detailed and as specified in these Technical Specifications. 3. PAVEMENT FABRIC / PAVEMENT MAT (Bid Item Number 5) a. Item Requirement 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 102 The work shall consist of providing and installing pavement fabric or pavement mat prior to final paving course. All such work shall conform to the applicable provisions of the State of California, Department of Transportation, Standard Specifications (Caltrans) dated 2010; these Technical Specifications; and the plans and typical sections b. Scope MATERIALS Pavement Fabrics Pavement fabrics approved for use are: Amoco 4598, Trevira 011/200, Mirafi Mirapave 500, Linq AOH, or equivalent as approved by the Engineer. The tack coat shall be emulsified asphalt of grades RS1, RS2, SS1, or SS1h, conforming to Section 94, ‘Asphaltic Emulsions’, of the Standard Specifications. Tack coat for Pavement Fabrics shall be PG 70-10. CONSTRUCTION Preparation The Contractor shall prepare the asphalt concrete surface by removing all extraneous materials including dirt, clay, soil, vegetation, weeds, and loose aggregate. The surface shall be dry prior to, during, and after installation of tack coat and fabric. Wet fabric shall be dried prior to placement of asphalt concrete. Tack Coat Tack coat shall be between 300 and 375 degrees Fahrenheit when applied, and will be applied at a rate of 0.22 to 0.28 gallons per square yard as directed by the Engineer. Tack coat spills or drools from the spray truck shall be heated and removed. Excess tack coat shall be covered with No. 30 sand. Tack coat application may be verified by removing application inspection panels from the completed installation. The Contractor shall facilitate the testing. Where such testing panels are removed, the fabric shall be patched by the Contractor by hand applying tack coat and hand placing fabric pieces. The fabric repair areas shall be 6 to 12 inches beyond the cut out area. The fabric patch shall be seeded with hot mix prior to allowing trucks or paving equipment over the patches. Tack coat shall be allowed to cool to 200 degrees Fahrenheit or less prior to the placement of fabric. Fabric Installation 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 103 Fabric laps shall be two inches minimum to four inches maximum. The fabric shall be installed a maximum of 12 inches from the curb or gutter lip. The Contractor shall either provide a combination of roll widths to meet this requirement or shall hand trim the fabric during installation. In Cul de Sacs, the fabric shall be hand laid in the bulbs parallel to the centerline and trimmed to be no more than 12 inches from the gutter lip. For hand laid areas, the fabric shall be completed hand broomed to seat the fabric. If the fabric is not completely seated, the fabric shall be rolled with a pneumatic roller prior to paving. On returns at cross streets, the fabric shall be laid in the full return and trimmed such that it is within 12 inches of the curb and laps do not exceed 4 inches. Where the fabric is placed over new pavement which extends the full width of the pavement, it shall lap over new asphalt concrete a minimum of twelve inches. This does not apply to digouts. If the pavement configuration requires that the fabric be laid manually, the fabric shall be placed in increments of thirty feet or less. Pavement fabric shall be placed with a minimum of wrinkles. If the gather wrinkle is 1/2 inch or more, cut the wrinkle and apply additional tack coat and sand blotter if necessary. The presence of more than a few wrinkles shall be cause for rejecting the fabric installation. Rejected areas of fabric shall be relaid and seated with a pneumatic roller without additional tack coat. Installed fabric is to be protected from damage by trucks, the paving machine, and other construction equipment. Small quantities of sand or asphalt concrete may be spread to protect the fabric during installation. The Contractor shall place no more fabric than can be covered the same day. To assure that this requirement is met, fabric installation shall be limited to only one street (or street segment if applicable) ahead of the paving operation. Payment shall be measured per square yard and as marked in the field by the Engineer. The fabric quantity shall be measured to the limits of the applied fabric area not including overlaps. Roll counts shall not be a basis of payment. The contract unit cost shall be considered full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals; and for performing all of the work involved as detailed in the Standard Specifications, these Technical Specifications, and typical sections. No additional compensation will be allowed therefore. 4. ASPHALT KEYCUT (Bid Item Number 6-7) a. Item Requirement 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 104 Contractor shall furnish all necessary supervision, labor, materials, construction tools and equipment to complete asphalt removal and proper disposal at locations specified by the Engineer. b. Scope Asphalt shall be keycut prior to AC overlay. Keycut type A shall consist of longitudinal wedge cut of 0.17’ by 6’ (minimum). Keycut type B shall consist of a traverse wedge cut of .17’ by 15 feet (minimum). The locations to key cut include, but are not limited to, any which abut any permanent structures such as c urbs, concrete curbs, sidewalks, driveways, concrete slabs, speed bumps and catch basins. All other utilities such as manholes and water valves shall be raised. Grinding shall be in conformance with Section 42-2 of the Standard Specifications. Any sections of asphalt that becomes loose after keycutting shall be removed and replaced by the Contractor at the Contractor’s expense. Conform grinding will be necessary at the beginning and ending of each street section such that the final asphalt surface provides a smooth transition to the adjacent existing surface. Conform grinding shall be fifteen feet (15’) wide. Pavement key cut shall not be allowed more than 48 hours prior to scheduled overlay operations without written authorization from the Engineer. Cold milling/wedge cutting machines shall be operated so as not to produce fumes or smoke. They shall be capable of planning/milling/wedge cutting the pavement without requiring the use of a heating device to soften the pavement during, or prior to, the cutting operation. Where cold planning against adjacent vertical curbs (such as median curbs) is required, the Contractor shall cold plane to within 1 inch of the existing curb face. Removal in areas inaccessible to equipment shall be removed by hand. The Contractor shall be responsible for maintaining all wedge cuts, using cutback or other methods to prevent tire and suspension damage to vehicles and to prevent hazards to bicyclists and pedestrians. Uneven Pavement signs shall be placed and maintained by contractor until AC overlay is complete. If wedge cuts extend into a bike lane, the contractor shall close the bike lane and place advanced warning signs in conformance with the California MUTCD including “Bike Lane Closed” and “Share the Road” signs. Wedge cutting at corners, returns and hard to get areas shall be done with special grinding equipment capable of grinding such areas. Wedge cutting or grinding may encounter existing paving fabric on previously overlaid streets. No additional payment will be made for this condition. The same method shall be used on all structures that are left above the traveled asphalt surface (such as utility vaults). 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 105 Key cuts shall include the removal of excess asphalt concrete materials or slurry seals on the surface of gutters, cross gutters or other concrete surface which abut the pavement surface. The asphalt concrete or slurry materials shall be removed by methods which do not damage, stain or chip the existing concrete surfaces. Heating with a torch and scraping with hand tools such as shovels is acceptable. When wedge cutting against standing curbs, the contractor shall either provide equipment which can cut to within 1 inch of the curb face or hand chip away the pavement between the edge of grinding and the curb face. c. Measurement & Payment Asphalt keycut shall be measured by the lineal foot and as marked in the field by the Engineer. No payment shall be made for materials removed outside of the limits marked by the Engineer. The contract unit prices paid for asphalt keycut shall include full compensation for furnishing all labor, material, equipment, tools, and all other incidentals necessary to perform the full scope of work as described above, for removal, legal disposal or as specified herein and as directed by the Engineer including the removal of excess materials form the gutter or other concrete surfaces. 5. ASPHALT REMOVAL – DIG OUT (Bid Item Numbers 8-10) a. Item Requirement Contractor shall furnish all necessary supervision, labor, materials, construction tools and equipment, supplies to complete asphalt removal and proper disposal, at bid item depths, at each location marked by the Engineer. The asphalt concrete replacement shall be paid under Bid Items 2-5 as appropriate. b. Scope Areas designated by the Engineer shall be removed by asphalt milling to a depth of 3 to 6 inches at locations marked by the Engineer. Failed pavement to be removed is to be ground with an asphalt grinder to the limits marked and to the depth required of the area removed. The Contractor shall make all arrangements for disposal of excavated materials. Excavated materials will contain asphalt concrete and may contain paving fabric. The Contractor shall lawfully dispose of the removed material off the project limits. All grinding materials, where practical, are to be loaded directly into trucks, stockpiling of materials onsite for any time length is not allowed. Disposal shall be the responsibility of the Contractor and is considered incidental to this bid item. The location of the disposal site must be approved by the Engineer. The material remaining in place, after removing surfacing and in some circumstances, base to the required depth, shall be graded to a plane, watered, and compacted to 95 percent relative compaction. After compaction and prior to the placing of asphalt concrete, the vertical edges 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 106 of the existing pavement shall receive a tack coat. Tack coat shall be SS- 1 type using penetration grade 100-200 liquid asphalt base applied at the rate of 0.10 gallons per square yard, unless otherwise directed by the Engineer. The finished surface of the remaining material shall not extend above the grade established by the Engineer. Unsuitable Material - In the event that the underlying subbase material is unsuitable, it shall be excavated below the depth required above and disposed of. The limits of removal shall be designated by the Engineer and shall be in one-inch increments. Compensation shall be at a per inch price based on the bid for a 9 inch deep asphalt digout divided by 9 for each additional inch of depth. Unsuitable material is defined as material the Engineer determines to be: a. Of such unstable nature as to be incapable of being compacted to specified density using ordinary methods at optimum moisture content; or b. Too wet to be properly compacted and circumstances prevent suitable in-place drying prior to incorporation into the work; or c. Otherwise unsuitable for the planned use. Locations of asphalt to be removed have been field marked. Any existing improvements damaged by the Contractor’s asphalt digout operation shall be replaced at the Contractor’s sole expense. c. Measurement & Payment Measurement and Payment: “Asphalt Removal – Cold Plan and Remove 3”, 4”, or 6” AC” shall be measured by the square yard and as marked in the field by the Engineer. No payment shall be made for materials removed outside of the limits marked by the Engineer. The contract unit prices paid for “Cold Plane and Remove AC” shall include full compensation for furnishing all labor, material, equipment, tools, sweeping, and all other incidentals necessary to perform the full scope of work as described above, for removal, legal disposal or as specified herein and as directed by the Engineer including temporary striping and delineation, tack coats and paint binders. 6. SURVEY MONUMENT PRESERVATION (Bid Item Numbers 11-13) a. Item Requirement The Contractor shall ensure that the existing survey monuments are preserved in full compliance with California Business and Professions Code, Chapter 15, 8771. To comply with this Section, the Contractor shall engage the services of a Licensed Land Surveyor. b. Scope The number and character of the survey monuments shown in the bidding documents are approximate only. They serve to provide bid pricing comparisons 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 107 and the number may be increased, reduced, or eliminated entirely as needed and shall not constitute a basis for claim by the Contractor for extra payments or damages. The contractor’s surveyor shall prepare a list of all existing survey monuments within the limits of work. This list shall be compiled from County Surveyor record documents obtained by the Contractor for the project area. The list should include street name, monument type as shown on the record map, record map book and page, and the location of monument. The list of monuments shall be sorted by street name and in order of appearance within limits of work (either east to west or north to south). This initial list of monuments shall be submitted to the engineer for review and approval prior to the pre-construction meeting. After the Engineer approves monument list, contractor shall perform a field visit and ascertain for each monument, the type of monument from the following list. Type Nomenclature Description / Definition A Street Survey Monument Readily found on the surface of the existing roadway with frame and cover. B Non Standard Survey Monument A monument on the surface of the existing roadway without frame and cover such as Iron Pipe Monument C Street Survey Monument, NF* A monument of record (standard monument or iron pipe monument) not readily found on the existing roadway surface typically due to earlier overlay work. Further surveyor investigation required to determine whether they exist or have been previously destroyed. *NF = Not Found. The final list of monuments shall be submitted to the Engineer for approval. Following approval of the final list and classification of monument type, the Contractor’s Licensed Land Surveyor shall make every effort to find all previously “Not Found” monuments, using GPS navigation to points on the record maps, metal detector use, and direct measurements from Found monuments. If the surveyor determines the previously Not Found monument is located and should be recovered, the Licensed Land Surveyor shall notify the Contractor who shall furnish the labor, equipment, and traffic contro l to carefully expose the survey monument under the supervisions of the Licensed Land Surveyor to: 1. Ensure the monument is not disturbed, and 2. Immediately reference it as above Contractor shall field reference all monuments from the list and file timely Pre- Construction Corner Records with the County Surveyor. Contractor shall reference the location of existing monuments with sufficient control points to locate after final paving operations are completed. 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 108 Corner Records are the factual basis for: 1. Confirming that an existing monument was not disturbed during construction, and/or 2. Providing the precise location for installing a new Street Survey Monument, and/or 3. Documenting that a monument did not exist at the time of construction. The schedule for the submittal of Corner Records to the County Surveyor by the Contractor’s License Land Surveyor is as follows: • For found monuments (All Types above) Pre-Construction Corner Records shall be submitted a minimum of ten (10) working days before construction commences on a specific roadway segment. • For “Not Found” monuments (Types C above) the Contractor shall locate and reference the monuments and Pre-Construction Corner Records shall be submitted three (3) working days after being recovered and referenced. After paving is complete and monument cover is raised to new grade, the Contractor’s Surveyor shall perform field review to determine if any monuments have been disturbed. Filing a Post-Construction Corner Records shall only be required for monuments which have been disturbed or have undergone a “change in character”, such as replacing an iron pipe with a Standard monument. Submittal of Post-Construction Corner Records shall be made to the County Surveyor within ten (10) days of completion of the Contractor’s last work affecting the final roadway surface. The project shall not be accepted until the Post Construction Corner Records have been approved by the County Surveyor. For Type A Monuments, Contractor shall protect in place existing brass marker and concrete core. Do not adjust to final grade until the adjacent pavement or surfacing is complete. Adjust frame and cover. Complete permanent paving or surfacing surrounding the cover before opening the lane to traffic. c. Payment Payment for “Locate Buried (or Not-Found) Monument” shall be paid per each monument to be located and uncovered. Preparing and submitting for review the list of all existing survey monuments within the limits of work, performing the field visit and ascertaining the type of monument, and filing pre-construction corner records only shall be paid for under the “Monument Preservation” bid item. The “Monument Preservation” bid item shall be measured and paid per each monument on the submitted list of monuments within the limits of pavement work, and shall include all necessary research, preparing and submitting for review the list of all existing survey monuments within the limits of work, performing the field visit and ascertaining the type of monument, referencing the location of existing monuments with sufficient control points, filing pre-construction corner records, and performing post construction field review to determine if monuments have been distrubed. 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 109 The Contractor shall adjust all found and recovered Street Survey Monuments to grade (Types A). This work shall be paid for with the “Adjust Monument Cover to Finish Grade” bid item, and shall be paid for per each monument adjusted. The Contractor shall replace broken standard survey monument covers as necessary This work shall be paid for with the “Replace Monument Cover” bid item, and shall be paid per each monument cover to be replaced. The Contractor shall install new street survey monuments to replace all found and recovered Iron Pipe Monuments (Types B). In addition, Contractor shall file post-construction corner records. This work shall be paid for with the “Replace Iron Pipe Monument with Street Survey Monuments” bid item, and shall be paid for per each monument replaced, and subsequent post-construction corner record filed. Should monuments be found to be obliterated, they shall be re -set with street survey monuments and proper documentation shall be filed with the County Recorder’s office in compliance with the California Business and Professions Code, Chapter 15, 8771. They shall be counted and paid for under this bid item. Enforcement and Penalty for Non-Compliance For each existing Survey Monument which was destroyed or moved from its original location by the Contractor without benefit of a properly referenced and Pre-Construction Corner Record filed, a fee of $5,000 will be imposed, this being the cost for the City Surveyor to resurvey and reliably reestablish the monument’s former location. 7. ADJUST UTILITY IRON (Bid Item Numbers 14-23) a. Item Requirement This work shall consist of raising or adjusting existing utility facilities such as manholes, valve boxes, sewer clean-outs, and monitoring well covers to the finish grade of the resurfaced asphalt pavement. Facilities located in areas to be cold planed or keycut shall be lowered first and then adjusted to finish grade after completion of the resurfacing work. All such work shall conform to the applicable provisions of the State of California, Department of Transportation, Standard Specifications (Caltrans) dated 2010; these Technical Provisions; typical sections; and as directed by the Engineer. b. Scope CONSTRUCTION Notification Non-city owned utilities exist within the limits of construction and may be included in the quantity for adjusting utility covers to grade as part of this contract. If this work is included, the Contractor shall be responsible for contacting owners of non- city owned utilities seven (7) days prior to beginning the resurfacing work to inform them of the construction schedule. Non-city owned utilities may include, but not be limited to, San Jose Water Company, California Water Company, Cupertino Sanitary District, Sunnyvale Sanitary District, PG & E, and Pacific Bell/AT&T. 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 110 Preparation The Contractor shall properly locate and tie all existing facilities to be raised in advance of paving operations. Each facility is to have a minimum of two tie off points. A copy of all utility cover tie-down measurements for each utility cover on each street in the project shall be supplied to the City representative prior to the commencement of any resurfacing work. Protection of Facilities Prior to lowering operations, sanitary and storm systems shall be protected by plywood covers. Plywood covers shall be a minimum of ½” thick, cut to fit the inside of the manhole, and remain in the manhole until all work is complete. Other facilities are to commensurately be protected from falling debris. Care shall be taken to keep frames and covers clean. The Contractor shall completely protect with heavy plastic or other suitable material all utility covers or other items which are visible on the surface and will be covered by his operations. This shall be completed prior to the start of operations and approved by the Engineer. Any materials that adhere to the frames and covers shall be removed. Temporary Patching On streets to be cold planed or keycut, all utility covers within the planing limit shall be lowered prior to milling. Lowered utility lids shall be temporarily patched using a cold-patch asphaltic material. Patches shall be made to be flush with the adjacent pavement surface. Contractor shall keep on hand sufficient patching material to continuously maintain all patches and correct any which shift or otherwise deteriorate prior to milling. Shifted or dislodged patches which constitute a drop of .10 feet or greater shall be repaired in the same day that the problem is brought to the Contractor’s atte ntion. Adjustment Facilities damaged by the Contractor shall be replaced at the Contractor’s expense. Facilities (box and lid or frame and cover) found existing in a damaged condition, and reported to the Engineer before disturbing, shall be replaced by the Contractor with materials furnished by the Owner. Tolerances The concrete around adjusted facilities shall be left 1-1/2 inches lower than the adjacent pavement. The concrete surface shall be tack coated with 0.10 gallons per square yard and paved with 3/8 inch Type A HMA. Immediately after placement, the surface shall be sand sealed. Excessive sand on the surface after sealing shall be removed by the Contractor, as directed by the City Engineer. The surface of the adjusted facilities shall be true to the new pavement surface to within 1/8 inch deviation. This tolerance shall apply in a single direction only, either up or down. In addition, the adjusted facility shall not vary to the high tolerance on one side and the low tolerance on the other (i.e. the total aggregate tolerance on both sides shall be limited to the 1/8 inch variation). This variation shall apply to the adjacent patch paving around the facility as well, such that neither the paving nor facility vary by more than the stated tolerances. 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 111 Schedule All facilities shall be adjusted to finish grade within 72 hours after the placement of the final surface paving on each individual street segment. If several lifts of pavement are to be placed, the facilities shall be raised if the pavi ng operation ceases for more than 72 hours. Asphalt shall be placed around adjusted facility within 48 hours. Monitoring Wells Where monitoring wells ar e to be overlayed, the location of the wells shall be marked on the curbs. A site sketch shall be provided to the city indicating the location and distances on the monitoring wells relative to the curb markings five days prior to paving. If the monitoring wells have frames and covers, the frames and covers shall be adjusted as part of this work and paid for as a valve cover. Reference Marking Removal Upon completion of the adjustment of utilities, all reference markings on curbs shall be removed by wire wheel brushing. c. Measurement & Payment Lowering facilities shall be measured and paid for by each un it as designated in the contract Bid Schedule. Raising or adjusting facilities to finish grade shall be measured and paid for by each unit designated in the contract Bid Schedule. All quantities will be determined from actual counts. The unit costs shal l govern regardless of the method used to make the adjustments. The above contract unit costs shall be considered full compensation for furnishing all labor, materials, tools, equipment, transportation, and 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. Utilities not adjusted within the 72 hour time limit shall be subject to a $150 liquidated damage per calendar day per utility cover not adjusted. 8. ASPHALT STRIPING / MESSAGES & MARKERS (Bid Item Numbers 24-32) 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. Additional striping changes may be requested 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’ and the most recent version of the California MUTCD. All striping details shall conform to Caltrans Standard Plans, latest addition. All pavement legends and traffic striping shall be applied in thermoplastic unless otherwise noted. 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 112 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. Legends and arrows shall be pre-formed thermoplastic pavement markings and shall be Ennis Flint Premark, Crown Tuff Mark, or a City approved equivalent. Placement shall be performed as directed by the manufacturer. 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. Preformed Thermoplastic Green Bike Lane including bike symbols, legends and arrows. Green bike lanes shall be preformed thermoplastic pavement markings and shall be Premark ViziGrip Skid/Slip Resistant (90 mil) or a City approved equivalen t. Bike symbols, legends, and arrows within green bike lanes and shall be Premark ViziGrip (90 mil) or a City approved equivalent. Placement shall be performed as required by the manufacturer's specifications. Bike symbols, legends, and arrows in green bike lanes must be factory assembled with the green marking sheet and interconnected so that in the field it is unnecessary to assemble the individual pieces within a material segment. The green bike lanes shall be pre-formed thermoplastic pavement marking sheets utilizing light green color that meets FHW A specifications for color. A sealer specified by the manufacturer must be applied to the substrate asphalt and concrete to ensure proper adhesion. Preformed green marking sheets shall be installed first before the 6" white liquid thermoplastic bicycle lane line. Pre-formed sheets shall be laid out and applied so that edges of adjacent sheets fit snugly together, the pattern of the marking aligns properly from sheet to sheet, and to prevent overlap of adjacent sheets. First time applicators shall contact the pre-formed thermoplastic pavement marking supplier for product support and on-site training. CONSTRUCTION 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 113 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 pavement resurfacing or striping enhancements, 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. Both lines of each crosswalk shall be completely repainted 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. Contractor shall submit a plan documenting location, 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 prior to the pre-construction meeting and shall be approved by the Engineer prior to the issuance of Notice to Proceed. 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 thi s 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 tab markers are to occur immediately upon completion of final compaction rolling and prior to opening 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 114 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 traffic. Cat trackin g shall be complete and ready for City review by the sixth calendar day following paving. Failure to comply with these requirements shall result in a liquidated damage of $500 per day for each street that has not received temporary installation of the tab markers, traffic striping, and other markings or completion of cat tracking. 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 be 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. Permanent traffic striping and markings including legends and arrows shall be placed between fourteen (14) and twenty-one (21) days after paving or surfacing, unless otherwise directed by the Engineer. All permanent striping shall be complete in place by the 22nd day after completion of resurfacing work. 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. 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 115 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 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. Failure to complete all traffic marking installation included in this section within the time frame indicated shall be subject to a $200 liquidated damage per calendar day per street. 8. TRAFFIC SIGNAL LOOPS (Bid Item Number 33) a. Item Requirement Work to be performed under this Section covers all labor, materials, tools, equipment, transportation, and incidentals necessary to replace existing loop detectors at various street intersections. It is anticipated that all the existing loop detectors at the intersections will be damaged by the proposed pavement cold planing. b. Scope All replaced signal loops shall be Standard 6'x 6' rectangular loops as shown on plans and details unless specifically called out otherwise. Any changes to loop type, placement pattern, or installation may be performed only as allowed by the Engineer. All such work shall conform to the details and provisions of the State of California, Department of Transportation's Standard Plans and Section 86, "Electrical Systems," of the Standard Specifications and these Technical Provisions, except that Subsection 86-8, "Payment," is modified herein. 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 116 Intersection Locations All left turn lane and through lane detector loops, inc luding advance lane loops, shall be replaced to their existing locations, or as shown in plans provided by the City and to the details provided in these contract documents. The proposed locations of the replaced signal loops detectors shall be marked in the field and approved by the Engineer prior to installation. Maintaining the traffic signals during construction shall be a part of this work. The maximum time between disconnecting loops in operation until replacement shall be 14 working days. Failure to meet this schedule may result in liquidated damages of $1000 per day per intersection. Construction All traffic loops shall be replaced after approval of cat tracking and prior to final striping. Prior to initiating any work on the signal loops, the Contractor shall mark in the field location of new loops according to the plans and details. The City Traffic Division shall be contacted to review locations as marked by contractor. Loop installation operations shall commence only after approval is granted by Traffic Engineer. Advance warning loops shall be installed 200 feet from limit line, as outlined in Table 9-1 ‘Suggested Detector Setbacks from Limitline’ in the State Traffic Manual. Pull Boxes Where the sump of an existing pull box is disturbed by the Contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. Detectors Loop wire shall be Type II. In Lieu of the requirements in the fourth paragraph of Section 86-5.01A(5), "Installation of Details," of the State Standard Specifications, slots in asphalt concrete pavement shall be filled as follows: After conductors are installed in the slots cut in the pavement, paint binder shall be applied to all vertical surfaces of slots in accordance with the provisions in Section 94, "Asphaltic Emulsions," of the State Standard Specifications. The slots shall then be filled with asphaltic concrete sealants using hot melt loop sealant. Temperature of sealant material during installation shall be above 70 degrees F. Air temperatures during installation shall be above 50 degrees F. Hot melt sealant placed in the slots shall be compacted by use of an 8-inch diameter by 1/8-inch thick steel hand roller or other tool approved by the Engineer. Compacted sealant shall be flush with the pavement surface. Minimum conductor coverage shall be 5/8 inch. Excess sealant 2021 Pavement Maintenance Phase 1 Technical Specifications 2021-105 Page 117 remaining after rolling shall not be reused. Traffic may be released immediately over compacted material. The Contractor shall test all detectors with a motor-driven cycle, as defined in the California Vehicles Code, that is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor-driven cycle through the response or detection area of the detector at not less than 3 miles per hour nor more than 7 miles per hour. Detectors will be disconnected or connected by the Contractor. The Contractor shall notify the Engineer 24 hours prior to any detector being disconnected or connected. Timing adjustments shall be made by City traffic personnel. Traffic signal loops damaged due to grinding, cold planing, digouts, paving or any other related construction shall be replaced within 2 weeks following the damag e c. Measurement and Payment The measurement and payment for replacing loop detectors, complete in place and operable, will be made at the unit bid price for each loop as listed in the bid schedule. The unit price and payment shall include full compensation for furnishing all labor, materials, tools, equipment, transportation and incidentals, and for doing all the work involved in replacing the loop detectors, complete, as specified in these Technical Specifications. Failure to complete traffic signal loop installation within the time frames indicated above shall be subject to a $500 per calendar per day per sheet location liquidated damage. 9. Median Curb (Bid Item 34) a. Item Requirement – The contractor shall furnish and install all labor, equipment and material to construct median curb per in accordance with City Standard Detail 1-16 Type A2 6”, and section 73 and section 90.2 of the State Standard Specifications (2018). 10. AC Dike (Bid Item 35) a. Item Requirement – The contractor shall furnish and install Type D or Type E Asphalt Dike in accordance with Caltrans Standard Detail A87B and Section 2 and section 39 of the State Standard Specifications (2018). b. Payment Sent via email 6/28/2021 Tom O’Grady O’Grady Paving, Inc. 2513 Wyandotte St. Mountain View, CA 94043 Re: NOTICE OF POTENTIAL AWARD 2021 Pavement Maintenance Phase 1 Project Dear O’Grady Paving, Inc., I am pleased to inform you of the intent City Council or its authorized award of the Contract for the above-referenced Project (“Project”) to O’Grady Paving, Inc. (“Contractor”) for the Contract Price of $1,814,276.55, based on Contractor’s Bid Proposal submitted on May 4, 2021. A copy of the draft Contract accompanies this Notice. Contractor must execute the required Payment Bond and Performance Bond, and insurance certificates and endorsements, no later than seven days from the date of this Notice of Potential Award, above. Once received, the contract will be routed for electronic signat ure. Failure to execute and return the enclosed bonds and insurance documentation within the specified time could result in forfeiture of Contractor’s bid security. This Notice of Potential Award does not bind the City to award the Contract. The City, acting through its City Council or authorized designee, reserves the right to reject any or all bids, and the right to decline to award the Contract, notwithstanding any staff recommendation. Please acknowledge receipt of this Notice of Potential Award by signing the attached Acknowledgement of Notice of Potential Award, as indicated, and transmitting the Acknowledgement to my office via email at: joannej@cupertino.org. Do not hesitate to contact me if you have any questions in this regard. Sincerely, Jo Anne Johnson Public Works Project Manager Enclosure /dz STANDARD DETAILS ϮϬ21WĂǀĞŵĞŶƚDĂŝŶƚĞŶĂŶĐĞWŚĂƐĞϭ WƌŽũĞĐƚEŽϮϬ21-105 ŝƚLJ^ƚĂŶĚĂƌĚĞƚĂŝůƐ  WĂŐĞ124 21 1BWFNFOU.BJOUFOBODF1IBTF 1SPKFDU2021-105 $JUZ4UBOEBSE%FUBJMT 1BHF125 211BWFNFOU.BJOUFOBODFPhase 1 1SPKFDU/VNCFS21-105 $JUZ4UBOEBSE%FUBJMT 1BHF126 A1-6 A1-8 5" 1 "1-2 R =0. 08 � I "'�0.33' 1�1 1 TYPE E (MOUNTABLE DIKE) 5" Epoxy to __ -./ Ex. Surface EXTRUDED CURB A3-6 CITY OF CUPERTINO STANDARD DETAILS 6" 1 2" __L_. 1 4" OCC)<;;,'l o o a u oo " . "4" Closs 1� R=1 . " . OCC)<;;,'lo 0 o U oo 4" Closs 24" ,, _ Pavement ilush , 2 or variable , with gutter II Agg. base A2-6 24" 2" or variable ' ' • II Agg. base A2-8 1 2" 24" 5" � 1/o R=1/J"/fl I' 11 LJ 4" Class II R=12"_l_ . R= 1,:;2'/ 6". -T 0 o O O O Agg. base � TYPE E 5" 5" £/4"t _J_ Epoxy to Ex.' Surface 1 2" 1/2'' 1/2" longitudinal bar dowel, IT]inimum 8" I A.C. DIKE A3-6Dlength, 4' spacing A3-6R REVISE:D 3/97 1-16 211BWFNFOU.BJOUFOBODFPhase 1 1SPKFDU/VNCFS21-105 $JUZ4UBOEBSE%FUBJMT 1BHF127 CALTRANS STANDARD DETAILS 2021 Pavement Maintenance Phase 1 Project No 2021-105 Caltrans Standard Details 3DJH128         P   ó *"* +Qó  óŠRSTó ‹ó   ó  2 ¥+ó ¡ó $ó ó  ó ­ó )"ó *"ó ó ó   ]ó ó ó  Ôó ó   óóó ó óó ??„ó    ¢ó ª$ó *ó D ó ó )"ó         @A0£¦ó }0ó       # ó ó   ó  ó Õó “ó (  ó ”ó Öó >6  Œó  ×ó 'Ø'8 - ` ± - ® W a ó F # 4hóF 4 4Ñ -  ' 8 Ù 'Úó ° ó ó   ó  ó  ó ó   ó  ó·ó #  %%²ó&Û Üó %%%ó ¶ #ó  ///óóó ó ÌÍó ‚6…6Hóóó ó ó óó 5ó «¿ó #ó ‰ó ó ó   ó  ó #ó åó (  ó       ó € ó  ó   O ó ó   ó  ó šó                     ó Bó 1ó   ó ’ó ¯   ‡ó g  ó Bó 1ó   ,ó       ó <  Kó•ó –ó —ó ˆió  5>5    ó X  Ýó   xÞó @A0C§ó ~ó  "ó ó  ó           ó _ ó Ÿó   Âó $ó ó  ó )ó       *4$& 414 04 4 &4- 4 4.+4!/4 %44#44 )4,44 '424 4 434 (44"4  ó 7 ó 2½Èó æó © &em!  ó !  ó ¤ó !  ó  ³¹´†¬çèó  µ|ó      ,ó  < ó   ó E  ó    n . É ›ó   ó o . 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"#$ 1%&'(  )1*+,1-./01     r -L6r )r -JJB<6Lr NHr K6NKH7<Nr HGBUr JKH?61NLr R:6K6r K6LNK<1N<Q6r 1HG5<N<HGLr 5Hr GHNr JKHQ<56r 6GHP9:r R<5N:r 7HKr IL6r r /-1@7<BBr r +UJ6r r 5<@6r HGBUr NHW06r PL65r R:6K6r K6LNK<2N<Q6r LBHJ6r 2HG5<N<HGLr 5Hr GHNr JKHQC56r 6GHP9:r R<5N:r NHr PL6r +UJ6r r HKr +UJ6r r 5D@6r            NHJr H7r 5<@6r  r X=YGZ[\]r ^ _`r  8"a  V4K : bA6 5 cOdHe fg  h ->!irM6j  k.#-l5 N 'mnoEpqr *66r 7HKr :<G96r JH<GNr H77L6NLr R<N:r 9P-K5K3 r       $, & !, #&, , ,", ,  ,     ,  , (P-GN<N<6Lr 0-L65r HGr ,r 2KHLLr LBHJ6r !" #, ,    ,  "", , # ! # #,                           2021 Pavement Maintenance Phase 1 Project No 2021-105 Caltrans Standard Details 3DJH37      e Q     e                              e""%3 /3 3  ""%3 3                          !eee #+9e70AD:+e $/C+DG</=Ge A0e *D+FCADG+G7A  "ee )e7e 6G)/F/DO/         1. 2        ""%3 3      &-GA,/De ee ee      >G2?@G(G C-G +G!<3G) 04G FG +GG8##G ':GG15/ G,G AG E DG+G ";9G(G7&G G*G BG.$%G6=G  e )AL.e -AD/DFe A0e +-MG/e +59/e F+Pe -MGFe GAe CD/O/Ge +<+5/e GAe -A>.N-GADFe                          d  e                 e RSTU  1e 2  ' V W X  Y8/ 9 "Z(He 0 K  [ eB>.e %e I FGB99BG7A 7?e F759/e 9B/e \ /];3^@e$+_`,E a4J bc 97<7Ge 97/e 03,)3 +)3                                                                                   *3 -3  3   &    3  3#3 )   3 ()!'3&!(3$3 *3  3                                              2021 Pavement Maintenance Phase 1 Project No 2021-105 Caltrans Standard Details 3DJH138 O'Grady for 2021 Pavement Maintenance Phase 1 - Project No. 2021-105 Final Audit Report 2021-07-27 Created:2021-07-15 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAACtlghfHNdoHDLi3FFtLSdVzwsT1ZxNhS "O'Grady for 2021 Pavement Maintenance Phase 1 - Project No. 2021-105" History Document created by City of Cupertino (webmaster@cupertino.org) 2021-07-15 - 11:00:28 PM GMT- IP address: 35.229.54.2 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2021-07-15 - 11:03:31 PM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2021-07-15 - 11:03:59 PM GMT - Time Source: server- IP address: 216.198.111.214 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2021-07-15 - 11:04:03 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2021-07-15 - 11:30:41 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Craig E Young (craig@ogradypaving.com) for signature 2021-07-15 - 11:30:46 PM GMT Email viewed by Craig E Young (craig@ogradypaving.com) 2021-07-16 - 4:48:42 AM GMT- IP address: 99.22.225.147 Email viewed by Craig E Young (craig@ogradypaving.com) 2021-07-17 - 3:16:54 PM GMT- IP address: 99.22.225.147 Email viewed by Craig E Young (craig@ogradypaving.com) 2021-07-19 - 3:41:24 PM GMT- IP address: 12.50.147.114 Document e-signed by Craig E Young (craig@ogradypaving.com) Signature Date: 2021-07-19 - 3:42:01 PM GMT - Time Source: server- IP address: 12.50.147.114 Document emailed to Celine Duran (celine@ogradypaving.com) for signature 2021-07-19 - 3:42:06 PM GMT Email viewed by Celine Duran (celine@ogradypaving.com) 2021-07-19 - 3:51:49 PM GMT- IP address: 12.50.147.114 Document e-signed by Celine Duran (celine@ogradypaving.com) Signature Date: 2021-07-19 - 4:14:17 PM GMT - Time Source: server- IP address: 12.50.147.114 Document emailed to minner@smwlaw.com for signature 2021-07-19 - 4:14:22 PM GMT Email viewed by minner@smwlaw.com 2021-07-26 - 8:16:00 PM GMT- IP address: 45.41.142.83 City of Cupertino (webmaster@cupertino.org) replaced signer minner@smwlaw.com with Christopher D. Jensen (christopherj@cupertino.org) 2021-07-27 - 2:19:38 PM GMT- IP address: 216.198.111.214 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2021-07-27 - 2:19:39 PM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2021-07-27 - 2:49:57 PM GMT- IP address: 104.47.73.126 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2021-07-27 - 2:51:00 PM GMT - Time Source: server- IP address: 174.194.133.222 Document emailed to Dianne Thompson (diannet@cupertino.org) for signature 2021-07-27 - 2:51:04 PM GMT Email viewed by Dianne Thompson (diannet@cupertino.org) 2021-07-27 - 4:13:10 PM GMT- IP address: 99.179.16.200 Document e-signed by Dianne Thompson (diannet@cupertino.org) Signature Date: 2021-07-27 - 4:13:38 PM GMT - Time Source: server- IP address: 99.179.16.200 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2021-07-27 - 4:13:42 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2021-07-27 - 4:15:16 PM GMT- IP address: 104.47.73.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2021-07-27 - 4:15:26 PM GMT - Time Source: server- IP address: 69.110.137.176 Agreement completed. 2021-07-27 - 4:15:26 PM GMT