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PW Canal Neighborhood Pedestrian Improvements ProjectSPECIFICATIONS AND CONTRACT DOCUMENTS FOR CITY OF SAN RAFAEL CROSS WALK PROJECTS: Canal Neighborhood Intersection Improvements, Pedestrian Crossing Improvement - Safe Pathways to School, Pedestrian Crossing & Multimodal Improvements, Bellam Blvd — Vista Del Mar to Playa Del Ray/Winward Way, And Bellam & Kerner / Kerner & Novato Multimodal Repairs March 2021 BID DATE: April 15, 2021 at 11:OOAM CITY PROJECT NO. 11381 CITY FILE NO. 16.01.296 \-X RA Fq�` � 2 � y0 C/TY WITH t'e��y DEPARTMENT OF PUBLIC WORKS City of San Rafael Crosswalk Projects City Project No. 11381 APPROVED BY CITY OF SAN RAFAEL: Hunter Young Assistant Public Works Director/City Engineer 3/24/2021 Date RAFq�` 1� 2 Aj A �o WITH AcI\Gi DEPARTMENT OF PUBLIC WORKS March 24, 2021 INVITATION FOR BIDS Electronic bids for the Construction of the Project Entitled: CITY OF SAN RAFAEL CROSS WALK PROJECTS City Project No. 11381 Electronic bids must be received by 11:00 am, April 15, 2021 at: https://www.bidexpress.com/businesses/39341/home TABLE OF CONTENTS NoticeInviting Bids....................................................................................................................... 7 Instructionsto Bidders............................................................................................................... 10 BidProposal................................................................................................................................. 15 BidSchedule................................................................................................................................ 17 SubcontractorList....................................................................................................................... 19 Noncollusion Declaration........................................................................................................... 20 BidBond....................................................................................................................................... 21 Bidder's Questionnaire............................................................................................................... 23 Contract........................................................................................................................................ 26 PaymentBond.............................................................................................................................. 30 PerformanceBond...................................................................................................................... 32 GeneralConditions..................................................................................................................... 34 Article1 - Definitions................................................................................................................... 34 Definitions.................................................................................................................................. 34 Article 2 - Roles and Responsibilities....................................................................................... 36 2.1 City................................................................................................................................ 36 2.2 Contractor......................................................................................................................37 2.3 Subcontractors.............................................................................................................. 39 2.4 Coordination of Work..................................................................................................... 40 2.5 Submittals......................................................................................................................41 2.6 Shop Drawings.............................................................................................................. 41 Article 3 - Contract Documents.................................................................................................. 42 3.1 Interpretation of Contract Documents........................................................................... 42 3.2 Order of Precedence..................................................................................................... 43 3.3 Caltrans Standard Specifications.................................................................................. 43 3.4 For Reference Only....................................................................................................... 44 3.5 Current Versions........................................................................................................... 44 3.6 Conformed Copies........................................................................................................ 44 Article 4 - Bonds, Indemnity, and Insurance............................................................................ 44 4.1 Payment and Performance Bonds................................................................................ 44 4.2 Indemnity....................................................................................................................... 45 4.3 Insurance....................................................................................................................... 45 Article5 - Contract Time............................................................................................................. 47 5.1 Time is of the Essence.................................................................................................. 47 5.2 Schedule Requirements................................................................................................ 48 5.3 Delay and Extensions of Contract Time........................................................................ 49 5.4 Liquidated Damages..................................................................................................... 53 Article 6 - Contract Modification................................................................................................ 53 6.1 Contract Modification.................................................................................................... 53 6.2 Contractor Change Order Requests............................................................................. 54 6.3 Adjustments to Contract Price....................................................................................... 55 6.4 Unilateral Change Order............................................................................................... 56 6.5 Non -Compliance Deemed Waiver................................................................................. 56 Article 7 - General Construction Provisions............................................................................. 56 7.1 Permits, Fees, Business License, and Taxes............................................................... 56 7.2 Temporary Facilities...................................................................................................... 56 7.3 Noninterference and Site Management........................................................................ 57 7.4 Signs..............................................................................................................................57 7.5 Project Site and Nearby Property Protections.............................................................. 57 7.6 Materials and Equipment............................................................................................... 59 7.7 Substitutions..................................................................................................................59 7.8 Testing and Inspection.................................................................................................. 60 iv 7.9 Project Site Conditions and Maintenance..................................................................... 61 7.10 Instructions and Manuals.............................................................................................. 62 7.11 As -built Drawings.......................................................................................................... 63 7.12 Existing Utilities............................................................................................................. 63 7.13 Notice of Excavation...................................................................................................... 64 7.14 Trenching and Excavations of Four Feet or More ......................................................... 64 7.15 Trenching of Five Feet or More..................................................................................... 64 7.16 New Utility Connections................................................................................................ 65 7.17 Lines and Grades.......................................................................................................... 65 7.18 Historic or Archeological Items...................................................................................... 65 7.19 Environmental Control................................................................................................... 65 7.20 Noise Control................................................................................................................. 66 7.21 Mined Materials............................................................................................................. 66 Article8 - Payment...................................................................................................................... 66 8.1 Schedule of Values....................................................................................................... 66 8.2 Progress Payments....................................................................................................... 66 8.3 Adjustment of Payment Application.............................................................................. 67 8.4 Early Occupancy........................................................................................................... 67 8.5 Retention....................................................................................................................... 67 8.6 Payment to Subcontractors and Suppliers.................................................................... 68 8.7 Final Payment............................................................................................................... 69 8.8 Release of Claims......................................................................................................... 69 8.9 Warranty of Title............................................................................................................ 69 Article 9 - Labor Provisions........................................................................................................ 69 9.1 Discrimination Prohibited............................................................................................... 69 9.2 Labor Code Requirements............................................................................................69 9.3 Prevailing Wages.......................................................................................................... 70 9.4 Payroll Records............................................................................................................. 70 9.5 Labor Compliance......................................................................................................... 70 Article 10 - Safety Provisions..................................................................................................... 71 10.1 Safety Precautions and Programs................................................................................ 71 10.2 Hazardous Materials..................................................................................................... 71 10.3 Material Safety.............................................................................................................. 71 10.4 Hazardous Condition..................................................................................................... 72 10.5 Emergencies................................................................................................................. 72 Article 11 - Completion and Warranty Provisions.................................................................... 72 11.1 Final Completion........................................................................................................... 72 11.2 Warranty........................................................................................................................73 11.3 Use Prior to Final Completion....................................................................................... 74 11.4 Substantial Completion................................................................................................. 74 Article 12 - Dispute Resolution.................................................................................................. 74 12.1 Claims............................................................................................................................74 12.2 Claims Submission........................................................................................................ 75 12.3 City's Response............................................................................................................ 77 12.4 Meet and Confer............................................................................................................ 77 12.5 Mediation and Government Code Claims..................................................................... 77 12.6 Tort Claims.................................................................................................................... 78 12.7 Arbitration...................................................................................................................... 78 12.8 Burden of Proof and Limitations.................................................................................... 78 12.9 Legal Proceedings......................................................................................................... 78 12.10 Other Disputes.............................................................................................................. 78 Article 13 - Suspension and Termination.................................................................................. 79 13.1 Suspension for Cause................................................................................................... 79 13.2 Suspension for Convenience........................................................................................ 79 13.3 Termination for Default.................................................................................................. 79 13.4 Termination for Convenience........................................................................................ 81 v 13.5 Actions Upon Termination for Default or Convenience ................................................. 81 Article 14 - Miscellaneous Provisions....................................................................................... 82 14.1 Assignment of Unfair Business Practice Claims........................................................... 82 14.2 Provisions Deemed Inserted......................................................................................... 82 14.3 Waiver........................................................................................................................... 82 14.4 Titles, Headings, and Groupings................................................................................... 83 14.5 Statutory and Regulatory References........................................................................... 83 14.6 Survival..........................................................................................................................83 vi Notice Inviting Bids 1. 1. Bid Submission. The City of San Rafael ("City") will accept electronic bid submittals for its City of San Rafael Crosswalk Projects ("Project"), by or before April 15, 2021, at 11:00a.m., at which time the bids will be publicly opened and read aloud on a Zoom Meeting. Information including the project documents and a how-to guide for first-time Bid Express users can be found on the San Rafael Bid Express home page at https://www.bidexpress.com/businesses/39341/home. Please note that you will have to register for a free Bid Express account to view project solicitations and download documents. Public Works is inviting you to a scheduled Zoom meeting. Topic: City of San Rafael Crosswalk Projects Time: Apr 15, 2021 11:00 AM Pacific Time (US and Canada) Join Zoom Meeting https://zoom.us/j/96230137431 Meeting ID: 962 3013 7431 One tap mobile +16699006833„96230137431# US(San Jose) +13462487799„96230137431# US (Houston) Dial by your location +1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) +1 253 215 8782 US (Tacoma) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) Meeting ID: 962 3013 7431 Find your local number: https://zoom.us/u/adsmpEkvMU 2. project Information. 2.1 Location and Description. The Project is located at various locations around the City including the Canal Neighborhood and Mission Avenue. This project consists of concrete work, asphalt paving and patching, striping and electrical upgrades, including the installation of Rapid Rectangular Flashing Beacons (RRFB), lighting systems, and a Realtime Arrival Board. 2.2 Time for Final Completion. The Project must be fully completed within 55 working days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about May 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 $800,000 3. License and Registration Requirements. 3.1 License. This Project requires a valid California contractor's license for the following classification (s): A. City of San Rafael Crosswalk Projects 2021 Form BID SCHEDULE City Project #11381 Page 7 3.2 DIR Registration. City may not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations ("DIR") to perform public work 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") can be found on the Bid Express San Rafael home page at https://www.bidexpress.com/businesses/39341/home under the project solicitation's Attachment List. A how-to guide for first time Bid Express users can also be found on the home page. Please note that you will have to register for a free Bid Express account to view project solicitations and download documents. Copies of the Contract Documents are not available from the City. 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. 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. 10. Instructions to Bidders. All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a Bid Proposal. The definitions provided in Article 1 of the City of San Rafael Crosswalk Projects 2021 Form BID SCHEDULE City Project #11381 Page 8 General Conditions apply to all of the Contract Documents, as defined therein, including this Notice Inviting Bids. By: Date: 3/23/2021 Shawn Graf, Junior Engineer END OF NOTICE INVITING BIDS Publication Date: 3/24/2021 City of San Rafael Crosswalk Projects 2021 Form BID SCHEDULE City Project #11381 Page 9 REVISED Notice Inviting Bids 1. 1.Bid Submission. The City of San Rafael ("City") will accept electronic bid submittals for its City of San Rafael Crosswalk Projects ("Project"), by or before April 4520, 2021, at 11:00a.m., at which time the bids will be publicly opened and read aloud on a Zoom Meeting. Information including the project documents and a how-to guide for first-time Bid Express users can be found on the San Rafael Bid Express home page at https://www.bidexpress.com/businesses/39341/home. Please note that you will have to register for a free Bid Express account to view project solicitations and download documents. Public Works is inviting you to a scheduled Zoom meeting. Topic: City of San Rafael Crosswalk Proiects Time: Apr 20, 2021 11:00 AM Pacific Time (US and Canada) Join Zoom Meeting https://zoom.us/*/96230137431 Meeting ID: 962 3013 7431 One tap mobile +16699006833„96230137431# US(San Jose) +13462487799„96230137431# US (Houston) Dial by your location +1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) +1 253 215 8782 US (Tacoma) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) Meetinq ID: 962 3013 7431 Find your local number: https://zoom.us/u/adsmpEkvMU City of San Rafael Crosswalk Projects 2021 Form BID SCHEDULE City Project #11381 Page 7 Project Information. 2.1 Location and Description. The Project is located at various locations around the City including the Canal Neighborhood and Mission Avenue. This project consists of concrete work, asphalt paving and patching, striping and electrical upgrades, including the installation of Rapid Rectangular Flashing Beacons (RRFB), lighting systems, and a Realtime Arrival Board. 2.2 Time for Final Completion. The Project must be fully completed within 55 working days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about May 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 $800,000 3. License and Registration Requirements. 3.1 License. This Project requires a valid California contractor's license for the following classification (s): A. 3.2 DIR Registration. City may not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations ("DIR") to perform public work 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") can be found on the Bid Express San Rafael home page at https://www.bidexpress.com/businesses/39341/home under the project solicitation's Attachment List. A how-to guide for first time Bid Express users can also be found on the home page. Please note that you will have to register for a free Bid Express account to view project solicitations and download documents. Copies of the Contract Documents are not available from the City. 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 City of San Rafael Crosswalk Projects 2021 Form BID SCHEDULE City Project #11381 Page 8 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. 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. 10. Instructions to Bidders. All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a Bid Proposal. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, as defined therein, including this Notice Inviting Bids. By: Date: 3/33/1 4/26/2021 Shawn Graf, Junior Engineer Publication Date: 3/'^�2T 4/26/2021 END OF NOTICE INVITING BIDS City of San Rafael Crosswalk Projects 2021 Form BID SCHEDULE City Project #11381 Page 9 Instructions to Bidders Each Bid Proposal submitted to the City of San Rafael ("City") for its City of San Rafael Crosswalk Projects ("Project") must be submitted in accordance with the following instructions and requirements: Bid Submission. 1.1 General. Each Bid Proposal must be signed, sealed and submitted to City, using BidExpress, by or before the date and time set forth in Section 1 of the Notice Inviting Bids, or as amended by subsequent addendum.. 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 applicable taxes, insurance and overhead. All bids must be submitted electronically using the BidExpress platform. This supersedes any language in the contract documents that may be interpreted as the City requiring paper bid submittals. 1.2 Electronic Submission using Bid Express. The Bid Express San Rafael home page can be found at https://www.bidexpress.com/businesses/39341/home. Project solicitations and a how-to guide for first-time users can be found on this home page. Please note that you will have to register for a free Bid Express account to view project solicitations and download documents. 1.3 DIR Registration. Subject to limited legal exceptions forjoint 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 using the Bid Proposal form included within the BidExpress solicitation for this project. 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 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. City of San Rafael Crosswalk Projects 2021 Form BID SCHEDULE City Project #11381 Page 10 A scanned copy or electronic copy of the bond forms should be uploaded to the BidExpress website. Only the apparent low bidder will be required to mail the original forms to the Public Works Department. 5. 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 Shawn Graf, Junior Engineer, at shawn.graf@cityofsanrafael.org or submitted using the BidExpress platform. 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. 6. Pre -Bid Investigation. 6.1 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. 6.2 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 5, above.) City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City. 6.3 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 5, 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 responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during Project construction will not be considered changed Project site conditions. Actual locations and depths must be determined by bidder's field investigation. The bidder may request access to underlying or background information on the Project site in City's possession that is necessary for the bidder to form its own conclusions, including, if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures. 6.4 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 may 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 before submitting a Bid Proposal. City of San Rafael Crosswalk Projects 2021 Form BID SCHEDULE City Project #11381 Page 11 7. 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. 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 its bid. Addenda will be located on the BidExpress website with the other contract documents for this solicitation. 9. 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). 10. Bid Protest. Any bid protest against another bidder must be submitted in writing and received by City at its Department of Public Works at 111 Morphew Street, San Rafael, California 94901, ATTN: Public Works Director, or sent via email at bill.guerin@cityofsanrafael.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: 10.1 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 10, 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). 10.2 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. 10.3 Copy to Protested Bidder. Upon submission of its bid protest to City, the protesting bidder must also concurrently transmit the protest and all supporting documents to the protested bidder, and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest, by email or hand delivery to ensure delivery before the Bid Protest Deadline. 10.4 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 City of San Rafael Crosswalk Projects 2021 Form BID SCHEDULE City Project #11381 Page 12 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 Response 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. 10.5 Copy to Protesting Bidder. Upon submission of its response to the bid protest to the City, the protested bidder must also concurrently transmit by email or hand delivery, by or before the Response Deadline, a copy of its response and all supporting documents to the protesting bidder and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 10.6 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. 10.7 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. 11. 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. 12. 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. 13. 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 within 5 days following City's issuance of the Notice of Potential Award. Subcontractors must also obtain a City business license before performing any Work. 14. 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. 15. 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. City of San Rafael Crosswalk Projects 2021 Form BID SCHEDULE City Project #11381 Page 13 16. COVID-19 Requirements. By submitting a bid for this project, the Contractor acknowledges their responsibility to implement the requirements listed in the Technical Specifications under the section heading "COVID-19 Construction Field Safety" and also as set forth in the current Marin Public Health Order for construction projects as defined in Appendix B-1 and B-2 of the Health Order, or any subsequent amendments to the Health Order. 7. 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. 17.1 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 the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. Likewise, in the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this provision is intended to prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code § 5100 et seq. 17.2 Estimated Quantities. The quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price, and without regard to the percentage increase or decrease of the estimated quantity and the actual quantity. 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 48 hours following a request by City. A bid 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. END OF INSTRUCTIONS TO BIDDERS City of San Rafael Crosswalk Projects 2021 Form BID SCHEDULE City Project #11381 Page 14 General Info Total: $673,141.07 Number Description City of San Rafael Crosswalk The Project is located at various locations around the City including the Canal Projects Neighborhood and Mission Avenue. This project consists of concrete work, asphalt Deadline paving and patching, striping and electrical upgrades, including the installation of Rapid Rectangular Flashing Beacons (RRFB), lighting systems, and a Realtime Arrival Board. 04/20/2021 06:00 PM UTC Please note that the entire bid proposal shall be submitted digital and no hardcopy bid Vendor proposals will be accepted. The bid proposal and sample contract in the specifications do Team Ghilotti, Inc. not need to be filled out. Submitted 04/20/2021 05:38 PM UTC Allows zero unit prices and labor No Signed by kevin Ghilotti Account Holder Allows negative unit prices and labor Kevin Ghilotti No Opened 04/20/2021 06:05 PM UTC By shawn.graf@cityofsanrafael.org ATTACHMENT LIST City of San Rafael Crosswalk Projects Plans for Bid 2021-3-22 HY Signed.pdf (7.3 MB) Specs for Bid 2-24-21.pdf (8.97 MB) Revised Notice Inviting Bids.pdf (94.5 KB) Addendum1_City of San Rafael Crosswalks.pdf (303 KB) Addendum2_City of San Rafael Crosswalks.pdf (802 KB) BID PROPOSAL ("Bidder") * Team Ghilotti, Inc. Page 1 of 9 04/21/2021 hereby submits this Bid Proposal to the City of San Rafael ("City") for the above -referenced project ("Project") in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice. 1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead for the following price ("Base Bid"): $673,141.07 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda (click "+" to add addenda. Type "N/A" if no addenda have been issued): Addendum M * Addendum Date: * 04/06/2021 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda (click "+" to add addenda. Type "N/A" if no addenda have been issued): 1 Addendum M * Addendum Date: * 04/15/2021 3. Bidder's Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following: 3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder's knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code§ 1104. 3.2 Examination of Project Site. Bidder has had the opportunity to examine the Project site and local conditions at the Project location. Page 2 of 9 04/21/2021 3.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time. 3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid. All statements and information provided in this Bid Proposal and enclosures are true and correct to the best of Bidder's knowledge. 3.5 Nondiscrimination. In preparing this Bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status. 3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder 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. 4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded the Contract for the Project, within ten days following issuance of the Notice of Award to Bidder, Bidder will do all of the following: 4.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents; 4.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; and 4.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents. This Bid Proposal is hereby submitted on [Date] * 04/20/2021 s/ * Kevin Ghilotti Name and Title Kevin Ghilotti - President, Owner, CEO Page 3 of 9 04/21/2021 s/ * Joe Moreira Name and Title Joe Moreira - Assistant Secretary, General Manager Company Name Team Ghilotti, Inc License #, Expiration Date, and Class * 895384, 04/30/2023, A & HAZ Address * 2531 Petaluma Blvd. S. DIR Registration # 1000002085 City, State, Zip Petaluma Phone * (707)763-8700 Contact Name * Gabe Duran Contact Email * gabed@teamghilotti.com END OF BID PROPOSAL BID SCHEDULE - DIRECTIONS This Bid Schedule must be completed digitally and included with the Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total Amount' column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. Page 4 of 9 04/21/2021 AL = Allowance LF = Linear Foot CF = Cubic Feet LS = Lump Sum CY = Cubic Yard SF = Square Feet EA = Each TON = Ton (2000lbs) LB = Pounds BID SCHEDULE Bid Unit Item Item Description No. LS 1 Mobilization 2 Traffic Control 3 Tree Removal 4 Remove Existing Sign 5 Remove Existing Post 6 Remove Existing Lighting Assembly 7 Clearing and Grubbing 8 Adjust Utility Box 9 PCC Sidewalk 10 PCC Curb Ramps 11 PCC Curb and Gutter 12 PCC Raised Island 13 K71 Flexible Bollards 14 6" Thermoplastic White Line 15 Thermoplastic(White or Yellow) 16 AC Plug $673,141.07 Est Qty. Unit Unit Cost Extension 1.00 LS $60,028.00 $60,028.00 1.00 LS $55,163.07 $55,163.07 5.00 EA $1,185.00 $5,925.00 19.00 EA $490.00 $9,310.00 5.00 EA $425.00 $2,125.00 1.00 EA $3,500.00 $3,500.00 1.00 LS $82,875.00 $82,875.00 4.00 EA $865.00 $3,460.00 1,400.00 SF $15.30 $21,420.00 4.00 EA $6,927.00 $27,708.00 320.00 LF $59.20 $18,944.00 1.00 EA $12,396.00 $12,396.00 40.00 EA $300.00 $12,000.00 450.00 LF $2.00 $900.00 4,500.00 SF $3.75 $16,875.00 2,700.00 SF $14.50 $39,150.00 Total: $673,141.07 Page 5 of 9 04/21/2021 Bid Item Item Description Est Qty. Unit Unit Cost Extension No. 17 Curb Paint 500.00 LF $2.50 $1,250.00 18 Detail 27B 40.00 LF $2.00 $80.00 19 Street Bond; San Diego Buff 1,200.00 SF $5.00 $6,000.00 20 Sign, Post, and Foudation 10.00 EA $275.00 $2,750.00 21A Medway Road at Front Street (Rectangular Rapid Flashing 1.00 LS $23,880.00 $23,880.00 Beacon and Lighting Systems) 21B Medway Road and Mill Street (Rectangular Rapid Flashing 1.00 LS $23,880.00 $23,880.00 Beacon and Lighting Systems) 21C Belvedere Street and Vivian Street (Rectangular Rapid Flashing 1.00 LS $35,400.00 $35,400.00 Beacon and Lighting Systems) 21 D Spinnaker Point Drive and Bahia Way(Rectangular Rapid 1.00 LS $20,700.00 $20,700.00 Flashing Beacon and Lighting Systems) 21E Kerner Blvd and Sonoma Street (Rectangular Rapid Flashing 1.00 LS $25,100.00 $25,100.00 Beacon and Lighting Systems) 21F Bellam Blvd and Vista Del Mar (Rectangular Rapid Flashing 1.00 LS $32,000.00 $32,000.00 Beacon and Lighting Systems) 21G Bellam Blvd and Winward Way(Rectangular Rapid Flashing 1.00 LS $24,300.00 $24,300.00 Beacon and Lighting Systems) 21H Mission Ave and Park Street(Rectangular Rapid Flashing Beacon 1.00 LS $27,600.00 $27,600.00 and Lighting Systems) 211 Mission Ave and West of Alice Street (Rectangular Rapid 1.00 LS $30,300.00 $30,300.00 Flashing Beacon and Lighting Systems) 22 Marin Transit Real Time Arrival Board 1.00 LS $25,200.00 $25,200.00 23 Storm Drain Catch Basin (Type E) 1.00 EA $9,747.00 $9,747.00 24 12" SDR 35 25.00 LF $527.00 $13,175.00 Total: $673,141.07 SUBCONTRACTOR LIST - INSTRUCTIONS Page 6 of 9 04/21/2021 For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 % of the bidder's total Contract Price,[1] the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. [1] For street or highway construction this requirement applies to any subcontract of $10,000 or more. SUBCONTRACTOR LIST Description of Subcontractor Work Name Devincenzi Concrete Work Concrete Construction California DIR Reg Percent Contractor Location of Business NOof License Number ' Work 326998 Striping, Street Bond, Bayside Stripe Sign, Post & & Seal 883985 Foundation Sawcutting Bayline Cutting 809660 & Coring, Inc Electrical Columbia 765902 Electric, Inc NON -COLLUSION DECLARATION The undersigned declares: I am the President of: * Team Ghilotti, Inc. 3276 Dutton Ave, Santa 1000001188 7.1 Rosa, CA 95407 PO Box 703, Petaluma, 1000001757 6.9 CA 94953 501 Cesar Chavez St #101B, San Francisco, CA 1000003185 0.6 94124 1980 Davis St., San 1000001478 40.9 Leandro, CA 94577 TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Page 7 of 9 04/21/2021 the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 § 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], * [city] * [state] 04/20/2021 Petaluma CA F,—/I agree that my digital or electronic signature applies to this form Name * Kevin Ghilotti Bid Security As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms (select one). Upload a scan of the paper bid security. Within ten calendar days following City's issuance of the Notice of Award to the apparent low bidder, the bidder must submit original hardcopies of the payment and performance bonds to City as specified in the Contract Documents using the bond forms included in the Contract Documents. Guarantee Method * Paper Bid Security, Cashier's Check, or Certified Check: Page 8 of 9 04/21/2021 Paper Bid Security, Cashier's Check, or Certified Check: Confirmation: * A bid security, using the Bid Security form included with the Contract Documents, payable to City and executed by a surety licensed to do business in the State of California. REQUIRED DOCUMENTS LIST Name Omission Terms Paper Bid Security, Certified Check, or Cashier's Check I am verifying my bid security electronically [insert instructions for delivery of wet -ink, original documents] 1 Required Document Page 9 of 9 Submitted File Bid Bond - Team Ghilotti, Inc..pdf 04/21/2021 Bid Bond _Team Ghilotti, Inc. ("Bidder') has submitted a bid, dated _ April 20 2021 ("Bid"), to City of San Rafael ("City") for work on the City of San Rafael Crosswalk Projects ("Project"). Under this duly executed bid bond ("Bid Bond"), Bidder as Principal and Berkley Insurance Company , its surety ("Surety"), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the "Bond Sum"). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows: 1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid. 2. Submittals. Within ten days following issuance of the Notice of Potential Award to Bidder, Bidder must submit to City the following: 2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents ("Contract Documents"); 2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents; 2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; and 2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents, and any other documents required by the Instructions to Bidders or Notice of Potential Award. 3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Berkley Surety Group, Surety Claims Department Address: 412 Mount Kemble Avenue, Suite 310N City/State/Zip: Morristown. NJ 07960 Phone: 866-768-3534 Fax: _N/A Email: BSQInqu6ryQberkIeysumty.cam 4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for 60 days following the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code §§ 2819 and 2845. [Signatures are on the following page. ] City of San Rafael Crosswalk Projects 2021 Form BID BOND City Project #11381 Page 21 This Bid Bond is entered into and effective on April 7 .2021 SURETY: Berkley Insurance Business Name _ April 7, 2021 Date L. Neu (Attach Acknowledgment with Notary Seal and Power of Attorney) BIDDER: Team Ghilotti, Inc. Business Name 2-04-v-,, ZG2t Date _Kwn_GhIlaffi. Prs'Ir ot, CFO, Treasurer Name, Title END OF BID BOND City of San Rafael Crosswalk Projects 2021 Form BID BOND City Project #11381 Page 22 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 9189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Sonoma J} On APR 2 0 1021 Date before me, Gabriel William Duran, Notary Public Here Insert Name and Title of the Officer personally appeared Namef4lof Signer -or who proved to me on the basis of satisfactory evidence to be the personKwhose name(sTis/aresubscribed to the within instrument and acknowledged to me that he/sWtl Le executed the same in his/WttWrr authorized capacity(ipt), and that by his/fyef/tbeir signatureKon the instrument the personjs ; or the entity upon behalf of which the personK acted, executed the instrument. GABRIEL WILLIAM DURAN Notary Public • California Sonoma County Commission # 2338747 '�o•" My Comm. Expires Nov 27, 20I4 1 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ✓ Signature 6�N�o ry Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 020119 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or [_validity of that document. Staunt te f California Santa Clara Y On APR 7 2021 before me, Erin Bautista, Notary Public (insert name and title of the officer) personally appeared Jean L. Neu who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ma subscribed to the within instrument and acknowledged to me that M/she/tw executed the same in H!Wherfteirauthorized capacity(!", and that by /her/ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ERN ZAUTISTA N -Lary Public • CtOforrt Santa Clara County C01111:IISSInn # 22.36034 SignatureAM- (Seal) '' --% My Comrn. Explre5 Ajar 27, 20•[2 No. BI -10192d -el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Bryan D. Martin; Erin Bautista; Jean L. Neu, Stephen E. Leveroni; Angelina A. Campano; Gordon Scott Gaddy; or Jennifer Marie Hyland of ABD Insurance & Financial Services, Ina of San Mateo, CA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and fiurther RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to.be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 21st day of�Apr4I Attest Berkl Insurance Company E Yvar7gr� C O t W 5EA I, z By By 67 _ 7975 < derman 7e after 1 #rnwP�E Executive Vice President &Secretary �Se ' resident STATE OF CONNECTICUT) ) ss: COuN-fY OF F -AIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this 21st day of A ril , _ 2020 , by Ira S. Lederman and kffyty M. Hafter who are sworn to me to be the Executive Vice President Secretary, and o Senior Vice President, respectively, of Berkley Insurance Company. UARni A M9 RLIKM IC CONNECTICUT , ( fY CoAPHIIS3o;2W4PIRE® otary Public, State of Connecticut CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIF1r that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded ancLtha� authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attd "�N ched, is in full force and effect as of this date. ry FAP der my hand and seal of the Company, this 7th day of April , 2021 `,O l97S �t`'^!aP� Vincent P. Forte Please verify the authenticity of the instrument attached to this power by: Toll -Free Telephone: (866) 768-3534; or Electronic Mail: BSGinguiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 31ON Morristown, NJ 07960 Attention: Surety Claims Department .n Email: BSGClaim@berkleysuretV.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company Bidder's Questionnaire CITY OF SAN RAFAEL CROSSWALK PROJECTS Within 48 hours following a request by City, a bidder must submit to City a completed, signed Bidder's Questionnaire using this form and all required attachments, including clearly labeled additional sheets as needed. City may request the Questionnaire from one or more of the apparent low bidders following the bid opening, and may use the completed Questionnaire as part of its investigation to evaluate a bidder's qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid. Part A: General Information Bidder Business Name: Check One: _ Corporation (State of incorporation: _ Partnership _ Sole Proprietorship _ Joint Venture of: Other: Main Office Address and Phone: Local Office Address and Phone: Website address: Owner of Business: Contact Name and Title: Contact Phone and Email: Bidder's California Contractor's License Number(s): Bidder's DIR Registration Number: Part B: Bidder Experience ("Bidder") 1. How many years has Bidder been in business under its present business name? years 2. Has Bidder completed projects similar in type and size to this Project as a general contractor? Yes No 3. Has Bidder ever been disqualified from a bid on grounds that it is not responsible, or otherwise disqualified or disbarred from bidding under state or federal law? Yes No City of San Rafael Crosswalk Projects 2021 Form BIDDER'S QUESTIONNAIRE City Project #11381 Page 23 If yes, provide additional information on a separate sheet regarding the disqualification or disbarment, including the name and address of the agency or owner of the project, the type and size of the project, the reasons that Bidder was disqualified or disbarred, and the month and year in which the disqualification or disbarment occurred. 4. Has Bidder ever been terminated for cause, alleged default, or legal violation from a construction project, either as a general contractor or as a subcontractor? Yes No If yes, provide additional information on a separate sheet regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred. 5. Provide information about Bidder's past projects performed as general contractor as follows: 5.1 Six most recently completed public works projects within the last three years; 5.2 Three largest completed projects within the last three years; and 5.3 Any project which is similar to this Project including scope and character of the work. 6. Use separate sheets to provide all of the following information for each project identified in response to the above three categories: 6.1 Project name, location, and description; 6.2 Owner (name, address, email, and phone number); 6.3 Prime contractor, if applicable (name, address, email, and phone number); 6.4 Architect or engineer (name, email, and phone number); 6.5 Project and/or construction manager (name, email, and phone number); 6.6 Scope of work performed (as general or as subcontractor); 6.7 Initial contract price and final contract price (including change orders); 6.8 Original scheduled completion date and actual date of completion; 6.9 Time extensions granted (number of days); 6.10 Number and amount of stop notices or mechanic's liens filed; 6.11 Amount of any liquidated damages assessed against Bidder; and 6.12 Nature and resolution of any project -related claim, lawsuit, mediation, or arbitration involving Bidder. Part C: Safety 1. Provide Bidder's Experience Modification Rate (EMR) for the last three years: Year EMR 2. Complete the following, based on information provided in Bidder's CalOSHA Form 300 or Form 300A, Annual Summary of Work -Related Illnesses and Injuries, from the most recent past calendar year: 2.1 Number of lost workday cases: 2.2 Number of medical treatment cases: 2.3 Number of deaths: City of San Rafael Crosswalk Projects 2021 Form BIDDER'S QUESTIONNAIRE City Project #11381 Page 24 3. Has Bidder ever been cited, fined, or prosecuted by any local, state, or federal agency, including OSHA, CaIOSHA, or EPA, for violation of any law, regulation, or requirements pertaining to health and safety? Yes No If yes, provide additional information on a separate sheet regarding each such citation, fine, or prosecution, including the name and address of the agency or owner of the project, the type and size of the project, the reasons for and nature of the citation, fine, or prosecution, and the month and year in which the incident giving rise to the citation, fine, or prosecution occurred. 4. Name, title, and email for person responsible for Bidder's safety program: Name Title Part D: Verification Email In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this Bidder's Questionnaire on behalf of the named Bidder, and that all responses and information set forth in this Bidder's Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: By: Name and Title Date: END OF BIDDER'S QUESTIONNAIRE City of San Rafael Crosswalk Projects 2021 Form BIDDER'S QUESTIONNAIRE City Project #11381 Page 25 Contract This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and Team Ghilotti, Inc. ("Contractor"), for work on the City's Canal Neighborhood Pedestrian Improvements Project (City Project No. 11381) ("Project"). The parties agree as follows: 1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On May 3, 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 Award; 2.12 Notice to Proceed; 2.13 Uniform Standards All Cities and County of Marin (available online at: https://www.marincounty.orq/- /media/files/departments/pw/engineering/2018-ucs-complete-set.pdf?la=en ); and 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, and in full compliance with Laws. 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 $673,141.07 ("Contract Price") for all of Contractor's direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5. Time for Completion. Contractor will fully complete the Work for the Project within one year from the commencement date given in the Notice to Proceed ("Contract Time"). By signing below, Contractor expressly waives any claim for delayed early completion. Canal Neighborhood Pedestrian Improvements 2020 Form City Project No. 11381 SR City Attorney Approved 1/30/2020 CONTRACT Page 1 6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $500 per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City's payments due or to become due to Contractor under this Contract. 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.hftp://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. Canal Neighborhood Pedestrian Improvements 2020 Form CONTRACT City Project No. 11381 SR City Attorney Approved 1/30/2020 Page 2 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: City Clerk's Office 1400 Fifth Avenue, Room 209 San Rafael, CA 94901 Attn: City Clerk Copy to: Director of Public Works Email: Bill.Guerin(cbcityofsanrafael.orcI Contractor: Name: Team Ghilotti, Inc. Address: 2531 Petaluma Blvd S City/State/Zip: Petaluma, CA 94952 Phone: (707) 763-8700 Attn: Kevin Ghilotti, CEO Email: KevinG(D_teamghilotti.com 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 -parry beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Marin 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 Marin 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 Canal Neighborhood Pedestrian Improvements 2020 Form City Project No. 11381 SR City Attomey Approved 1/30/2020 CONTRACT Page 3 Contract Code § 2200 et seq. (the "Act'), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. If Contractor is a partnership, a signature from a general partner with authority to bind the partnership is required. [Signatures are on the following page.] Canal Neighborhood Pedestrian Improvements 2020 Form CONTRACT City Project No. 11381 SR City Attorney Approved 1/30/2020 Page 4 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/ s/ nni ^,� Jim chut , City Manage �5d . GD��tBhp �� (I� Afb ne-y Name, Title Date: �-� /1 — 2,,( Attest: �b rLindsay Lara, City ClL2q Date: i CONTRACTOR: Team Ghilotti, Inc. Business Name Date: ZZ aZI s/_ Seal: Kevin Ghilotti, CEO & President Name, Title Date: May 6, 2021 Second Signature (See Section 12.8): s/---�� e4 C Joe Moreira, General Manager & Assistant Secretary Name, Title Date: May 6, 2021 Contractor's California License Number(s) and Expiration Date(s) END OF CONTRACT Canal Neighborhood Pedestrian Improvements 2020 Form City Project No. 11381 SR City Attomey Approved 1/30/2020 CONTRACT Page 5 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sonoma On MAY 0 6 1011 Date personally appeared before me, Gabriel William Duran, Notary Public Here Insert Name and Title of the Officer Kevin Ghilotti, President, CFO, Treasurer Name(s) of Signer(s) Joe Moreira, General Manager, Assistant Secretary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Afare subscribed to the within instrument and acknowledged to me that I}ersl6/they executed the same in IJis74f/their authorized capacity(ies), and that by 17is >6r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. GABRIEL WILLIAM DURA Notary Public -California i Sonoma County r + Commission # 2338747 Y " °�•"� My Comm. Expires Nov 27, 2024 r Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4, —;, /7"�/ Signotur otary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Bond #0232602 Premium: Inc[. in Performance Bond Payment Bond The City of San Rafael ("City") and Team Ghilotti. Inc. ("Contractor") have entered into a contract for work on the City of San Rafael Crosswalk Projects ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and Berkley Insurance Company its surety ("Surety"), are bound to City as obligee in an amount not less than $ 673,141.07 , under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. Surety's Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Berkley Surety Group Attn: Claims Department Address: 412 Mount Kemble Ave., Suite 31ON City/State/Zip: Morristown. NJ 07960 Phone: 866-769-3534 Email: BSGinguirytcDberkleysurety.com 6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Marin County Superior Court, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. [Signatures are on the following page.] City of San Rafael Crosswalk Projects 2021 Form PAYMENT BOND City Project #11381 Page 30 7. Effective Date; Execution. This Bond is entered into and is effective on May 3 2021. SURETY: Berkley Insurance Company Business Name s/ 8 �' !L = — Jean L. eu, Attorney -in -Fact Name, Title May 3, 2021 Date (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Team Ghilotti, Inc. Business Name s/ V1GtL Cy evin Ghilot i, President Date Name, Title APPROVED BY CITY: s/ LAQ -5— // Zf z' /� 1 n, Date .154 A. GoIJAi, . C".A&tf1ey Name, Title J 7 END OF PAYMENT BOND City of San Rafael Crosswalk Projects 2021 Form PAYMENT BOND City Project #11381 Page 31 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sonoma On MAY 0 6 2021 Date personally appeared before me, Gabriel William Duran, Notary Public Here Insert Name and Title of the Officer Kevin Ghiloth, President, CFO, Treasurer Nome,,W-of Signe who proved to me on the basis of satisfactory evidence to be the person(gwhose name(eris/aWsubscribed to the within instrument and acknowledged to me that he/sl).e�/t>ey executed the same in his/odthigir authorized capacity(os), and that by his/Us*tbef signature;(a) on the instrument the person, or the entity upon behalf of which the person,(a)'acted, executed the instrument. aMGABRIEL WILLIAM ID jNotary Public - CaliforniaSonoma CountyCommission # 2338747 y Comm. Expires Nov 27, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature o otory Public , Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara MAY - 3 2021 [*IT before me, Erin Bautista, Notary Public (insert name and title of the officer) personally appeared Jean L. Neu who proved to me on the basis of satisfactory evidence to be the persona) whose names) is/am subscribed to the within instrument and acknowledged to me that M/she/fw executed the same in his/her/t**Fauthorized capacity(i", and that by #Wher/their- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ERIN BAUTISTA Notary Public - CaliforniaSanta @My Clara County Commission N 2236034 Comm. Expires Apr 25, 20221 (Seal) No. BI -10192d -el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Bryan D. Martin; Erin Bautista; Jean L. Neu; Stephen E. Leveroni; Angelina A. Campano; Gordon Scott Gaddy; or Jennifer Marie Hyland of ABD Insurance & Financial Services, Inc. of Say: Mateo, CA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to be sifined and attested by its appropriate officers and its corporate seal hereunto affixed this 21g day of _April2020 \\�S\1RAN�f Attest: Berk] Insurance Company r �� 141r r � .� By By i W ti'1 1I, z Ir edermanJSe after `� �• 1975 � 5 Executive Vice President & Secretary c resident STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFiELD ) Sworn to before me, a Notary Public in the State of Connecticut, this 21st:,ot;�6, xPublic, l 2020 , by Ira S. Lederman and Jeffrey ]A- Hafter who are sworn to me to be the Executive Vice Pretary, and t e Senior Vice President, respectively, of Berkley Insurance Company. MARIA TARY PUB Act I &� CONNECTICUT MVC MMISSION APHIL 30, 2024PIRE9 ate of Connecticut CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and. that thr;. authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of S\1HAN Atttirnf ttached, is in full force and effect as of this date. �' n 'E$� �ander my band and seal of the Company, this 3rd day of May 2021 ( l .S .11 11 z 1975 � Vincent P. Forte Please verify the authenticity of the instrument attached to this power by: Toll -Free Telephone: (866) 768-3534; or Electronic Mail: l3SGlnguiry2berldeysuretV.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or Email: BSGClaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company Bond #0232602 Premium: $7,400.00 Performance Bond The City of San Rafael ("City") and Team Ghilotti, Inc. ("Contractor") have entered into a contract for work on the City of San Rafael Crosswalk Projects ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, Contractor as Principal and Berkley Insurance Company its surety ("Surety"), are bound to City as obligee for an amount not less than $ 673,141.07 to ensure Contractor's faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety's Obligations. Surety's obligations are co -extensive with Contractor's obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety's obligations under this Bond will become null and void. Otherwise, Surety's obligations will remain in full force and effect. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City of Contractor's termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety's expense; or 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City's costs to have the remaining Work completed. 6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety's default, including legal, design professional, or delay costs. 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: Berkley Surety Group Attn: Claims Department Address: 412 Mount Kemble Ave., Suite 31 ON City of San Rafael Crosswalk Projects 2021 Form PERFORMANCE BOND City Project #11381 Page 32 City/State/Zip: Morristown, NJ 07960 Phone: 866-768-3534 Fax: N/A Email: BSGClaim(aD-berkleysurety.com 8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Marin County Superior Court, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution. This Bond is entered into and effective on May 3 , 2021 . SURETY: Berkley Insurance Company Business Name s/ "k— Jean L.i eu, Attomey-in-Fact Name, Title May 3, 2021 Date (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: Team Ghilotti Inc. Business Name s/l,Gt rt Gam' M a K lP, at - Kevin Ghilotti, President Date Name, Title APPROVED BY CITY: sl 5�1912D ZJ YN Zi$Q A - &0 yen _ A5`St Date Name, Title END OF PERFORMANCE BOND City of San Rafael Crosswalk Projects 2021 Form PERFORMANCE BOND City Project #11381 Page 33 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sonoma On MAY 0 6 2021 before me, Gabriel William Duran, Notary Public Date Here Insert Name and Title of the Officer personally appeared Kevin Ghilotti, President, CFO, Treasurer NomeXbf Signers' who proved to me on the basis of satisfactory evidence to be the persons whose name(*Isha� subscribed to the within instrument and acknowledged to me that he/5hig/t( v executed the same in his�W/ter authorized capacity(ip�s), and that by his/hpWt�ieir signatureA on the instrument the persorlK, or the entity upon behalf of which the persorpracted, executed the instrument. GABRIEL WILLIAM OURAN Notary Public - California Sonoma County ` Commission N 2338747 My Comm. Expires Nov 27, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature //�✓/ Signature "ary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 020119 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara MAY -- 3 2021 On before me, Erin Bautista, Notary Public (insert name and title of the officer) personally appeared ]ean L. Neu who proved to me on the basis of satisfactory evidence to be the person( -4) whose names) is/am subscribed to the within instrument and acknowledged to me that he/she/ffw executed the same in his/her/t r -authorized capacity(i", and that by /her/#ie*signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature L L�� L (Seal) ERIN BAUTISTA Notary Public - California Santa Clara County Commission It 2236034 My Comm, Expires Apr 25, 2022 ,I No. BI -10192d -el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Bryan D. Martin; Erin Bautista; Jean L. Neu; Stephen E. Leveroni; Angelina A. Campano; Gordon Scott Gaddy; or Jennifer Marie Hyland ofABD Insurance & Financial Services, Inc. of San Mateo, CA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to. be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 21t day of _� 2020 19ANce Attest: Berkl r Insurance Company By By S1 1 L Ir ederman �Je after © 3975 C Executive Vice President & Secretary Se 1 \ resident STATE OF CON ECTICUT ) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me a Notary Public in the State of Connecticut, this 21st day ofAril 20 , by Ira S. Lederman and Jerre) h4- Hefner who are sworn to me to be the Executive Vice President Secretaq, and t A Senior �Vice President, respectively, of Berkley Insurance Company. MARIA C NOTARY PURI IC EM LJ LGA ` CONNECTICUT MY COMMISSION EXPIRES APHIL 30.2024 ot;q Public, State of Connecticut CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that -the, authority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this Power of %RAN AttE)`5 f ghached, is in full force and effect as of this date. rt '.mder my hand and seal of the Company, this 3rd day of may 2021 .J leu ll, n W 2 °fenwra` Vincent P. Forte 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 the increased cost of labor, material, supplies or equipment following submission of the Bid Proposal. Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order. Contractor means the individual, partnership, corporation, or joint -venture that has signed the Contract with City to perform the Work. Day means a calendar day unless otherwise specified. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 34 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 San Rafael 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. Project means the public works project referenced in the Contract City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 35 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 specific 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 proper and timely completion of the Project. The Engineer's decisions are final and City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 36 2.2 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. 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 and communicate on behalf of Contractor, and Contractor will be bound by the City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 37 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. (1) 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 days following notice from City, or within the time specified in City's notice to correct, City City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 38 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 39 2.4 (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. 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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 40 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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 41 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 form its own conclusions. (B) Duty to Notify and Seek Direction. If Contractor becomes aware of a changed condition in the Project, or of any ambiguity, conflict, inconsistency, discrepancy, 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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 42 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; (1) 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; (0) 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: City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 43 (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 orinconsistencies. 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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 44 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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 45 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 requirements 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 single -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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 46 (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 greater 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 (collectively, "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 related 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 requirements, if any, that must be provided or performed before issuance of the Notice to Proceed. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 47 (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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 48 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 49 (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 which impair the ability to safely or effectively perform the scheduled critical path Work that day. Adverse weather conditions may include rain, saturated soil, and 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 Articles 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; City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 50 (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 - City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 51 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 52 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 53 (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 Order 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 RF/s. 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 54 (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 notified 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 55 (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, afield 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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 56 approved by the City prior to installation. Temporary facilities must be safe and adequate for the intended use and installed and maintained in accordance 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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 57 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 58 (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 and equipment required for the Work. Contractor is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at Contractor's sole cost until City has formally accepted the Project as set forth in Section 11. 1, 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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 59 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 responsible 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 60 (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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 61 the minimum necessary. Contractor must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section 7.19, Environmental 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 62 (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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 63 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 ll, 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, City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 64 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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 65 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%2OList/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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 66 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. (1) 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 67 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 68 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 payment 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 69 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 70 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 71 (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 written notification to City requesting final inspection. The Engineer will schedule the date and time for final inspection, which must include Contractor's primary representative for this Project and its superintendent. Based on that inspection, City will prepare a punch list of 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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 72 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 73 (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 expense. 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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 74 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 Claim 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 Documents, 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, City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 75 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, RFls, 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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 76 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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 77 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; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non- availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. 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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 78 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, the 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. City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 79 (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 convenience, and Contractor's damages will be strictly limited to the compensation provided for termination for City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 80 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). City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 81 (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, City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 82 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 City of San Rafael Crosswalk Projects 2021 Form GENERAL CONDITIONS City Project #11381 Page 83 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 SECTION 10 -TECHNICAL PROVISIONS TABLE OF CONTENTS 10-1.01 MOBILIZATION..............................................................................................................3 10-1.01A CONSTRUCTION AREA SIGNS.............................................................................. 3 10-1.01B PUBLIC NOTIFICATIONS........................................................................................ 3 10-1.02 WATER POLLUTION CONTROL...................................................................................4 10-1.03 PRESERVATION OF PROPERTY.................................................................................5 10-1.03A REPLACEMENT OF DAMAGED SURFACES.......................................................... 6 10-1.03B APPEARANCE OF WORK....................................................................................... 6 10-1.03C UTILITIES................................................................................................................ 6 10-1.03D MATERIALS............................................................................................................. 7 10-1.04 TRAFFIC CONTROL...................................................................................................... 7 10-1.04A TRAFFIC CONTROL PLAN SUBMITTAL.................................................................7 10-1.04B ASPHALT TAPERS.................................................................................................. 8 10-1.04C CONSTRUCTION AREA SIGNS.............................................................................. 8 10-1.04D NO PARKING SIGNS............................................................................................... 9 10-1.04E TRAFFIC CONTROL SYSTEM................................................................................. 9 10-1.04F TEMPORARY PEDESTRIAN ACCESS.................................................................. 10 10-1.04G TEMPORARY PAVEMENT DELINEATION............................................................ 10 10-1.04H TEMPORARY PAVING.......................................................................................... 11 10-1.05 TREE PRESERVATION, TREE TRIMMING/ROOT PRUNING/TREE REMOVAL........ 11 10-1.06 DEMOLITION............................................................................................................... 12 10-1.07 ADJUST UTILITIES TO GRADE.................................................................................. 16 10-1.07A ADJUST PULL BOX TO GRADE............................................................................ 17 10-1.07B ADJUST VALVE COVER TO GRADE.................................................................... 17 10-1.08 PORTLAND CEMENT CONCRETE............................................................................. 17 10-1.09 AGGREGATE BASE.................................................................................................... 21 10-1.10 HOT MIX ASPHALT (Asphalt Concrete Plug)............................................................... 21 10-1.11 FLEXIBLE BOLLARDS................................................................................................. 23 10-1.12 TRAFFIC STRIPES, PAVEMENT MARKINGS, AND MARKERS ................................. 23 10-1.12A PAVEMENT MARKINGS AND TRAFFIC STRIPING .............................................. 23 10-1.12B CURB PAINT.......................................................................................................... 25 10-1.13 TRAFFIC SIGNS..........................................................................................................26 10-1.14 ELECTRICAL............................................................................................................... 27 10-1.14A RECTANGULAR RAPID FLASHING BEACON SYSTEM ....................................... 27 Gym CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 10-1.148 LIGHTING STANDARD AND TRAFFIC SIGNAL POLES ....................................... 29 10-1.14C SOLAR LIGHTING ASSEMBLY............................................................................. 32 10-1.15 MARIN TRANSIT REAL TIME ARRIVAL BOARD......................................................... 33 18-1.16 STORM DRAIN IMPROVEMENTS.................................................................................. 34 APPENDIX A: BELLAM AND KERNER MULTIMODAL REPAIRS ................................................. 35 APPENDIX B: KERNER AND NOVATO MULTIMODAL REPAIRS ................................................ 37 APPENDIX C: CITY OF SAN RAFAEL POLLUTION PREVENTION REQUIREMENT ................... 39 APPENDIX D: CITY SD MANHOLE CASTING ADJUSTING DETAIL ........................................... 41 SP 2 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 10-1.01 MOBILIZATION Mobilization shall conform to the provisions in Section 9-1.16D, "Mobilization," of the State Standard Specifications and these Specifications. In general, mobilization shall consist of the work associated with obtaining permits, insurance, and bonds, and the moving onto the site of materials, supplies, construction area signs, restroom facilities, and equipment, and after the work is complete de -mobilize the equipment and leftover materials as required for the proper performance and completion of the work. The bid for Mobilization shall not exceed 10% of the total project cost. 10-1.01A CONSTRUCTION AREA SIGNS Construction area signs shall be furnished, installed, maintained, and removed when no longer required, in accordance with the provisions in the State of California, Department of Transportation Manual of Uniform Traffic Control Devices (California MUTCD), Chapter 6F, these Technical Specifications, and as directed by the Engineer. The Engineer shall approve all locations prior to Contractor installing signs. Construction area sign panels shall be metal, with reflective coating, black lettering on orange background, and mounted on Type II Barricades as described in Section 12-3.10, "Barricades," in the State of California, Department of Transportation Standard Specifications (State Specifications). Construction area sign panels shall conform to Section 12-3.11 B(3), "Portable Signs", of the State Specifications. Signs shall be kept clean and in good repair. 10-1.01 B PUBLIC NOTIFICATIONS For the notification of residents and businesses, the Contractor shall prepare notices based on the Contractor's approved project progress schedule and furnish said notices to the Engineer for approval. The hours of distribution of these notices by the Contractor shall be from 8:00 A.M. to 5:00 P.M. Monday through Friday. The Contractor shall not distribute any notices except those approved by the City. The Contractor shall distribute these notices approximately two (2) weeks in advance of the specific date of work on any street. All residents and businesses on any portion of an affected street included within the limits of work shall receive these notices plus any additional notices during construction or as needed including posting notices on cars parked in the area adjacent to the intended work. For bidding purposes: The contractor shall plan on furnishing two (2) CMS boards placed at least two weeks prior to the start of work and maintained in good working order through the end of construction. Measurement and Payment The contract lump sum price paid for Bid Item 1, Mobilization includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work SP 3 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 involved in mobilizing, re -mobilizing, notifying the public, furnishing construction area signs, demobilizing, and removing temporary staging as shown on the Plans, as specified in the State Standard Specifications, these special provision Specifications, and as directed by the Engineer. 10-1.02 WATER POLLUTION CONTROL Water pollution control work shall conform to the provisions in Section 13, "Water Pollution Control Program" of the State Specifications and these Technical Specifications. Refer to the General Requirements regarding dust, pollution control, and management of storm, surface, and other waters. Contractor shall prepare and submit a BMP Plan for approval by the Engineer prior to start of construction. Water pollution control work shall conform to the requirements in the "Construction Site Best Management Practices (BMPs) Manual," and addenda thereto issued up to, and including, the date of advertisement of the project. These manuals are hereinafter referred to respectively as the "Preparation Manual" and the "Construction Site BMPs Manual," and collectively, as the "Manuals." Copies of the Manuals may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, and may also be obtained from the Department's Internet website at:.hftp://www.dot.ca.gov/hq/construc/stormwater. The Contractor shall know and fully comply with applicable provisions of the Manuals, and Federal, State, and local regulations and requirements that govern the Contractor's operations and storm water and non -storm water discharges from both the project site and areas of disturbance outside the project limits during construction. Attention is directed to Sections 7-1, "Laws to be Observed "of the Specifications. Water pollution control requirements shall apply to storm water and non -storm water discharges from areas outside the project site which are directly related to construction activities for this contract including, but not limited to, staging areas, storage yards and access roads. The Contractor shall comply with the Manuals for those areas and shall implement, inspect, and maintain the required water pollution control practices. Installing, inspecting, and maintaining water pollution control practices on areas outside the project limits not specifically arranged and provided for by the Town for the execution of this contract, will not be paid for. The Contractor shall be responsible for penalties assessed or levied on the Contractor or the City as a result of the Contractor's failure to comply with the provisions in this section "Water Pollution Control" including, but not limited to, compliance with the applicable provisions of the Manuals, and Federal, State and local regulations and requirements as set forth therein. Penalties as used in this section shall include fines, penalties and damages, whether proposed, assessed, or levied against the City or the Contractor, including those levied under the Federal Clean Water Act and the State Porter -Cologne Water Quality Control Act, by governmental agencies or as a result of citizen suits. Penalties shall also include payments made or costs incurred in settlement for alleged violations of the Manuals, or applicable laws, regulations, or requirements. Costs incurred could include sums spent instead of penalties, in mitigation or to remediate or correct violations. SP 4 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 Retention of Funds Notwithstanding any other remedies authorized by law, the City may retain money due the Contractor under the contract, in an amount determined by the City, up to and including the entire amount of penalties proposed, assessed, or levied as a result of the Contractor's violation of the Manuals, or Federal or State law, regulations or requirements. Funds may be retained by the City until final disposition has been made as to the penalties. The Contractor shall remain liable for the full amount of penalties until such time as they are finally resolved with the entity seeking the penalties. Retention of funds for failure to conform to the provisions in this section, "Water Pollution Control," shall be in addition to the other retention amounts required by the contract. The amounts retained for the Contractor's failure to conform to provisions in this section will be released for payment on the next monthly estimate for partial payment following the date when an approved Stormwater Management Plan (SWMP) has been implemented and maintained, and when water pollution has been adequately controlled, as determined by the Engineer. When a regulatory agency identifies a failure to comply with the Manuals, or other Federal, State, or local requirements, the City may retain money due the Contractor, subject to the following: 1. The City will give the Contractor seventy-two (72) hours' notice of the City's intention to retain funds from partial payments which may become due to the Contractor prior to acceptance of the contract. Retention of funds from payments made after acceptance of the contract may be made without prior notice to the Contractor. During the first progress payment period after that the Contractor fails to conform to the provisions in this section, "Water Pollution Control," the City may retain an amount equal to twenty-five percent (25%) of the estimated value of all contract work performed on the entire contract. The Contractor shall notify the Engineer immediately upon request from the regulatory agencies to enter, inspect, sample, monitor, or otherwise access the project site or the Contractor's records pertaining to water pollution control work. The Contractor and the City shall provide copies of correspondence, notices of violations, enforcement actions or proposed fines by regulatory agencies to the requesting regulatory agency. Measurement and Payment Full compensation for complying with Section 10-1.02 shall be considered as included in the contract prices paid for the various items of work and no separate payment will be made therefor. 10-1.03 PRESERVATION OF PROPERTY The Contractor's attention is directed to Section 5-1.36 "Property and Facility Preservation" of the State Standard Specifications. Building, fences, signs, walls, headers, curbs, gutters, sidewalks, driveways, curb ramps, pavements, hardscape, irrigation systems, drains, utilities, and any other features which are not designated to be removed shall be protected in place. SP 5 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 Any damage to these facilities shall be repaired by the Contractor entirely at their expense as directed by the Engineer. Existing trees, shrubs, and other plants, that are not to be removed and are injured or damaged by reason of the Contractor's operations, shall be replaced by the Contractor at his/ her cost. The minimum size of tree replacement shall be 24 -inch box and the minimum size of shrub replacement shall be 15 gallons. Replacement ground cover plants shall be from flats and shall be planted 12 inches on center. The replacement specimen must be of the same species. All damaged vegetation is to be disposed of in a legal manner as required by these Specifications. Underground irrigation systems, outside of the public right-of-way, which are damaged or removed during construction, shall be restored within 48 hours of the first destruction or removal to be functional. The Contractor shall be responsible for all damage to existing vegetation to remain due to lack of irrigation from broken irrigation lines. The landscaping and any other facilities shall be replaced in kind or as approved by the Engineer. It shall be the contractor's responsibility to ascertain the location of all utilities, including drains, manholes and monuments. The Contractor shall preserve all existing benchmarks, survey control points, reference points, and other permanent points within the project limits. Any of the aforementioned controls that are damaged will be replaced by the Contractor's licensed Land Surveyor at no cost to the City. Additionally, the Contractor shall institute measure to preserve and protect buildings, fences, signs, hardscape, and underground utilities located adjacent to the work area. All damaged items shall be replaced in kind or as approved by the Engineer. 10-1.03A REPLACEMENT OF DAMAGED SURFACES All concrete curbs, gutters, driveways, sidewalks, curb ramps or other surfaced areas which are broken or damaged shall be reconstructed by and at the expense of the Contractor, of the same kind of material and of the same dimensions as the original work or as directed by the Engineer, with the minimum requirement that concrete as specified herein shall be used. Repairs shall be made by removing and replacing the entire portion between joints or scores and not by refinishing the damaged part. 10-1.03B APPEARANCE OF WORK All work shall match the appearance of existing improvements to the satisfaction of the Engineer. 10-1.03C UTILITIES The Contractor shall telephone Underground Service Alert (USA) at (800) 227-2600 or 811 a minimum of two working days prior to start of work so that underground facilities can be approximately located and marked on the surface by the various utilities. The Contractor shall, prior to start of construction, excavate and pothole and determine the exact locations, both horizontally and vertically, of all utilities within the roadway in the Project area. Any utilities that conflict with the proposed work shall be relocated by the respective utility companies. If any utilities conflict with the proposed work, the Contractor shall notify the Engineer in writing of the location and elevation of the utility line that is in conflict. The SP 6 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 Contractor shall coordinate all work with the utility companies under the direction of the Engineer. The Contractor will be allowed additional working days equal to the number of working days that the relocation of utilities delays their work. No compensation will be allowed for idle time of equipment during the utility relocation. 10-1.03D MATERIALS Materials and quality of work shall conform to those specified by the City Standards, the State Standard Plans and Specifications, and these Specifications. Measurement and Payment Full compensation for complying with Section 10-1.03 shall be considered as included in the contract prices paid for the various items of work and no separate payment will be made therefor. 10-1.04 TRAFFIC CONTROL Maintaining safe and efficient traffic flow through the work zone is a high priority for the City. For the purpose of this section, traffic relates to cars, trucks, buses, pedestrians, and bicycles. The traffic control described in this section shall be coordinated with other City projects. The Contractor's shall conform to Sections 7-1.03 "Public Convenience," 7-1.04 "Public Safety" and Section 12 "Temporary Traffic Control" of the State Standard Specifications, insofar as they may apply, and these Specifications. Traffic Control shall comply with the following: 1. Standard single lane closure shall be restricted to between the hours of 8:30 A.M. and 3:30 P.M., Monday through Friday, unless allowed by the Engineer. Work area traffic control requiring the closure of multiple lanes or the detour of traffic (within signalized intersections) shall be limited to the hours of 9:00 AM and 3:00 PM. 2. No work is allowed on Saturday, Sunday, or Holidays. 3. During lane closure operations, a minimum of one flagger controlled and unobstructed paved traffic lane, not less than 11 feet wide, shall be open for use by public traffic. 4. The Contractor shall provide flagger and other personnel to control traffic at all times. 5. The Contractor shall provide flashing arrow signs (FAS) at lane closures on arterial roads. 6. The Contractor shall prepare a detailed traffic control plan for the Engineer's advance approval; no work involving traffic control may occur until the Engineer approves the Plan. 7. All signs and other warning devices (including construction and advance warning signs placed beyond the limits of work) shall be provided and maintained by the Contractor at their expense, and shall remain their property after the completion of the contract. 8. The Contractor shall provide all flaggers at their expense. 10-1.04A TRAFFIC CONTROL PLAN SUBMITTAL The Contractor shall submit a "Traffic Control Plan" in conformance with Standard Plan, "Traffic Control System For Lane Closure on Multilane Conventional Highway", showing the proposed exact location of signs, cone taper limits, and flashing arrow sign for review and acceptance by CITY OF SAN RAFAEL _ CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 the Engineer. Lanes shall not be closed until the traffic control plan has been reviewed and accepted by the Engineer. Plan shall also comply with the 2014 CA MUTCD (Revision 4). Contractor shall submit a "Pedestrian Traffic Control Plan" showing pedestrian detours or diversions that complies with 2014 CA MUTCD (Revision 4) including but not limited to Chapter 6D, Chapter 6F. Section 6F.74, Chapter 6G. Section 6G.05, and Chapter 6H, Typical Application 28 and Caltrans Pedestrian Facilities Handbook downloadable from http://www.dot.ca.gov/hq/construc/safety/Temporary Pedestrian Facilities Handbook.pdf. All traffic control plans shall be prepared by a registered civil or traffic engineer, and shall provide sufficient information and details to show typical lane closures, channelizing, proposed detours, locations and usage of flagmen, typical construction zone signing, provisions for pedestrians, etc. The traffic control plan shall show in detail the proposed staging and sequencing of the work together with the proposed traffic control system for each work task. The proposed traffic control system shall, in all respects, satisfy the requirements of these Special Provisions. The Engineer will review the proposed traffic control plan and return it to the Contractor for any necessary revisions or corrections. The Contractor shall revise and resubmit the plan to the Engineer, and this process shall be repeated, until the proposed traffic control plan is accepted by the Engineer. The Contractor will not be permitted to perform any lane closures or implement any part of the traffic control plan until it has been accepted by the Engineer. All weather and accessible access for pedestrians shall be provided at all times in and through the construction area. When a sidewalk, driveway or curb ramp is removed, the area shall be fenced, and signage provided to direct pedestrians to an alternate ADA compliant route. Pedestrians shall be routed to temporary crossing points which shall be submitted to the Engineer for review and approval. In locations where the sidewalk, driveway or curb ramp are removed, at the end of the work day the Contractor shall provide a temporary ADA compliant sidewalk, driveway or curb ramp fabricated from an accessible surface, including wood, asphalt or metal. A temporary access plan shall be submitted to the Engineer for review and approval 10 days prior to removal of the sidewalk, driveway, or curb ramp. No demolition work shall begin without the Engineer's approval of the Temporary Traffic Control Plan. 10-1.048 ASPHALT TAPERS The Contractor shall place hot mix asphalt tapers as described in Section 10-1.10A "Full Width Pavement Milling" of these special provisions at all vertical surfaces open to traffic (i.e. driveways and conform limits) and at roadway utility structures. The temporary taper shall be removed and disposed before installation of the overlay or final lift. 10-1.04C CONSTRUCTION AREA SIGNS Once construction starts, the Contractor shall furnish and install construction area signs to inform motorists, pedestrians, and bicyclists of work in the streets and sidewalks. These signs may include, but are not limited to, "Road Construction Ahead", "Detour Ahead", and "Road Closed". Construction area signs shall be furnished, installed, maintained, and removed when SP 8 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 no longer required in accordance with the provisions in Section 12, "Temporary Traffic Control" of the State Standard Specifications and these Specifications. Construction area signs shall be metal, with reflective coating, black on orange, and securely mounted. Signs shall be kept clean and in good repair. The Contractor's traffic control plan shall show the location of the signs. The Contractor shall be responsible for providing, placing, and installing all construction area signs. The signs shall not be installed on trees, utility poles, private property, traffic signals, or any other appurtenance, unless approved by the Engineer. 10-1.04D NO PARKING SIGNS The Contractor's traffic control plans shall show the locations where on street parking is to be temporarily removed. If approved by the Engineer, the Contractor shall post City Furnished "NO PARKING" signs along the street to be closed not less than 72 hours in advance of the time they wish to commence operations. The time and date must be written on each sign that is posted. Signs must be posted no more than 50 feet apart along the area to be cleared of vehicles. Signs shall be removed upon completion of the work in any given area or when there will be a delay between types of work (underground, concrete, pavement rehabilitation, etc.). The Contractor shall notify the Engineer and the San Rafael Police Department after posting said "NO PARKING" signs no less than 72 hours before the prohibition is to become effective. The Police Department will then, at their earliest convenience, dispatch an officer who will verify and log the location and limits. No less than twenty-four (24) hours after said entry is made, autos may be towed from the location, under the immediate direction of a Police Officer, provided that the signs have be properly maintained. 10-1.04E TRAFFIC CONTROL SYSTEM The Contractor shall implement the traffic control system as approved by the Engineer. If warranted by field conditions, the Contractor shall adjust the system as directed by the Engineer. The Contractor shall provide and implement all traffic handling devices and equipment as described in Sections 12-3 "Temporary Traffic Control Devices" and 12-4 "Maintaining Traffic" of the State Standard Specifications. If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the component to its original condition or replace the component, and shall restore the component to its original location. At the end of each workday, the Contractor shall open all streets for access and remove traffic control devices except for those providing advanced warning near work zones. Traffic control devices shall not be stored within public streets. The Contractor shall allow traffic flow in two directions at all times providing two travel lanes of at least 11 feet each. When this is not possible, the Contractor shall provide flaggers to control traffic. The cost for flaggers is the Contractor's responsibility. All excavations shall be backfilled or covered with steel trench plates suitable for traffic loading, SP 9 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 at the end of each day's work. Trench plates shall be securely anchored in place and have temporary asphalt ramps all around. No open excavation of any depth will be permitted to remain overnight. The Contractor shall provide access to all driveways within the work zone at all times. 10-1.04F TEMPORARY PEDESTRIAN ACCESS All weather and accessible access for pedestrians shall be provided at all times in and through the construction area. When a sidewalk is removed, the area should be fenced, and signage provided to direct pedestrians to an alternate route. Pedestrians shall be routed to temporary crossing points as approved by the Engineer. However, the route shall not exceed one block. At the end of each workday, the Contractor shall make provisions to allow safe access to pedestrians through the work zone. In locations where the sidewalk is removed and entrances to private property are obstructed, the Contractor shall provide a temporary sidewalk fabricated from wood or asphalt. The temporary sidewalk shall comply with the Americans with Disabilities Act. A temporary access plan shall be submitted to the Engineer for review and approval 10 days prior to removal of the sidewalk. The Contractor shall provide an alternate circulation path shall be provided whenever the existing pedestrian access route in the public right-of-way is blocked by construction, alteration, maintenance, or other temporary conditions. Where possible, the alternate circulation path shall parallel the disrupted pedestrian access route, on the same side of the street. The path shall minimize the length of detour and shall be approved by the Engineer before implementation. The alternate circulation path shall be all weather and compliant with the Americans with Disabilities Act. Where the alternate circulation path is adjacent to potentially hazardous conditions, the path shall be protected with barricades. 10-1.04G TEMPORARY PAVEMENT DELINEATION When the Contractor removes striping or markings, they shall immediately place temporary delineation prior to opening the traveled way to public traffic. Surfaces on which temporary pavement delineation is to be applied shall be cleaned of all dirt and loose material and shall be dry when the pavement delineation is applied. The Contractor shall perform all work necessary to establish satisfactory alignment for temporary pavement delineation. Temporary pavement delineation that is damaged from any cause during the progress of the work shall be immediately repaired or replaced by the Contractor at their expense. The Contractor shall not use paint on pavement that is to remain in place. In this case, the Contractor shall use Temporary Traffic Stripe and Pavement Marking Tape. Tape shall be applied to a clean dry surface and rolled slowly with a rubber -tired vehicle or roller to ensure complete contact with the pavement surface in accordance with the manufacturer's recommendations. Tape shall not be applied over existing stripes or markings. Completed stripes shall be straight on tangent alignments and shall be on a true arc on curved alignments. SP 10 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 Temporary pavement markers may be used to simulate the striping shown on the approved traffic control plans. The use of temporary pavement markers shall conform to the typical details for pavement markers and traffic lines shown in the State Standard Plans and as determined by the Engineer. When no longer required for the direction of public traffic, as determined by the Engineer, the temporary traffic stripe and pavement marking tape and temporary pavement markers, applied to existing pavement, the top layer of new pavements or any other paved surface where the previously placed pavement delineation conflicts with the new traffic pattern, shall be removed and disposed of in accordance with the provisions of these Specifications, and all lines and marks used to establish the alignment for the temporary traffic stripes, pavement markings and temporary pavement markers shall be removed from the pavement. 10-1.04H TEMPORARY PAVING To accommodate the stage construction, the Contractor may need to install temporary asphalt paving to provide a uniform path of travel. The Contractor shall place hot mix asphalt pavement in accordance with the Section 39 "Asphalt Concrete" of the State Standard Specification as necessary to provide two lanes of travel in each direction, turn lanes, access through intersections, and accommodate any vertical transitions. In locations shown in the Plans, the Contractor shall additionally provide, place, and compact class II aggregate base to facilitate the installation of the temporary asphalt paving. When a vertical difference in excess of 1.0 inch (i.e. between new pavement and old pavement) exists either parallel or perpendicular to the vehicle's path of travel, the Contractor shall place hot mix asphalt pavement allowing for a smooth transition to the satisfaction of the Engineer. The Contractor shall be responsible for maintaining the asphalt pavement for the duration of the project. The Contractor shall grind, remove, and dispose of the asphalt as necessary to accommodate the staging. Measurement and Payment The contract lump sum price for Bid Item 2, Traffic Control includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in the traffic control, including preparation and maintaining of traffic control plans, providing signs and flaggers, implementing the traffic control system, placing temporary delineation, installation of temporary paving, and removal of temporary paving, as shown on the Plans, as specified in the State Standard Specifications and these Special Provision Specifications, and as directed by the Engineer. 10-1.05 TREE PRESERVATION, TREE TRIMMING/ROOT PRUNING/TREE REMOVAL If existing trees or shrubs (including private trees) encroach into the public right-of-way and obstruct the Contractor's operations, the Contractor shall request permission from the Engineer and City's Arborist to trim existing trees or shrubs at least five (5) working days in advance of the date of scheduled tree trimming. All tree and shrub trimming must have prior approval of the Engineer and City's Arborist and shall be performed by the Contractor or their subcontractor possessing a C-27, Landscaping Contractor's License or a C-61, Limited Specialty Contractor's License. A special notice pertaining to the tree trimming shall be delivered to the adjacent home or business at least five (5) working days prior to the trimming of the adjacent tree or shrub. The special notice shall be approved by the Engineer prior to delivery to the SP 11 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 resident or business. Tree root pruning shall be the responsibility of the Contractor. Tree roots shall be removed to a depth of six (6) inches below subgrade. Tree roots are to be cut neatly with a saw, or shears to prevent disease to the tree. Any root three (3) inches or larger shall be brought to the attention of the Engineer for further instructions. Some locations may need root work. The Contractor may investigate the locations prior to bidding. Measurement and Payment Full compensation for complying with the above provisions as they relate to tree preservation and tree or root pruning shall be considered as included in the contract prices paid for the various items of work and no separate payment will be made therefor. Bid Item 3, Tree Removal will be measured by Each. The unit price per each shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in removal of trees including hauling and disposing off site as shown on the plans, required by these special provisions, and as directed by the Engineer. 10-1.06 DEMOLITION General Demolition work shall consist of all saw cutting and removal of asphalt concrete, removal of signs and posts, removing for reuse of existing lighting standards, and removal of existing lighting standard foundation to one foot below finished grade as shown on the Plans or specified herein. The Contractor shall obtain all permits and licenses and give all notices required for performance and completion of the demolition and removal work, hauling, and disposal of debris. Contractor shall review with City's Representative the exact limits of work and extent of materials to be removed. Examine site and structures and determine exact nature and status of structural elements and above ground and below ground utilities prior to commencing demolition. City assumes no responsibility for actual condition of items or structures to be demolished. All work shall conform to ANSI A10.6, Safety Requirements for Demolition Operations and to the codes and regulations of the City. Attention is also directed to Section 15, "Existing Facilities," of the State Standard Specifications. Provide a minimum of 72 hours advance notice of demolition activities to the City Engineer or designee. Submittals Contractor shall submit a schedule indicating proposed methods and sequence of operations for selective demolition work for review prior to commencement of work. Provide a detailed sequence of demolition and removal work to ensure uninterrupted progress of adjacent building uses. SP 12 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 Construction Environmental Controls: Use water sprinkling, temporary enclosures, and other suitable methods to limit dust and dirt rising and scattering in air to lowest practical level. Comply with governing regulations pertaining to environmental protection. Utilities: The Contractor shall call USA at (800) 642-2444 to mark the locations of all underground utilities at least 48 hours before the intended start of excavation. Any damage to any utility due to the Contractor's operations shall be repaired or replaced by the Contractor to the satisfaction of the City Engineer or designee. Traffic: Do not close, block, or otherwise obstruct streets, walks, or other occupied or used facilities without written permission from the City Engineer or designee. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. Contractor shall schedule removal and reconstruction so that only one side of the street is under construction on any one day, and parking and unimpeded pedestrian passage remains available on the opposite side of the street. Contractor shall provide temporary barricades and other forms of protection as required to protect the general public from injury due to selective demolition work. Provide protective measures as required to provide free and safe passage of general public. Erect temporary passageways as required by authorities having jurisdiction. Selective Demolition: Perform selective demolition work in a systematic manner. Use methods required to complete work indicated on the plans in accordance with demolition schedule and governing regulations. Conduct selective demolition operations and debris removal in a manner to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Landscape Demolition: Contractor shall replace existing landscape vegetation in-kind or as approved by the City Engineer or designee. Clearing and Grubbing: All work shall be done in accordance with Section 17-2 "Clearing and Grubbing" of the Caltrans Standard Specifications and as directed be the City Engineer or designee. Clearing and grubbing shall consist of (but not limited to) removing and disposing of vegetable growth and deleterious materials in tree wells, including tree roots, grass, weeds, rocks, as well as pavement sawcut, and all other objectionable material as required to construct the improvements, as shown on the plans and as specified in these Specifications. Prior to starting clearing and grubbing operations, the Contractor shall inform the City Engineer or designee of the intended limits of his/her clearing and grubbing operations and shall obtain the City Engineer or designee's approval on such proposed limits. The Contractor shall not clear and grub any area not essential to their construction obligations and protect from injury or damage resulting from his/her operations all vegetation, facilities, SP 13 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 or improvements, which are to remain. All edges of existing paving to remain shall be sawcut in a neat, clean manner. Remove AC Base and Surfacing: Roadway base and surfacing shall be removed as required for the roadway in accordance with Section 19, "Earthwork," of the Caltrans Standard Specifications and these Specifications, as shown on the plans, and as directed by the City Engineer or designee. This bid item also includes removal of base rock as required for the improvements. Where a portion of the existing surfacing is to be removed, the outline of the area to be removed shall be cut on a straight neat line with a power -driven saw to a the full depth of the asphalt concrete before removing the surfacing. Remove Existing Sign and Post: Contractor shall comply to Section 46 "Removal and Patching of Concrete" of the Marin Standard Specifications to patch or build up any concrete surfaces to cover nicks and chips or change grades. Remove Existing Lighting Assembly: Contractor shall remove existing lighting standard without damaging the existing equipment to allow for its reuse. Damage to the lighting standard during equipment removal and reinstallation shall be repaired at the contractor's expense. Residue from cutting operations shall not be permitted to flow into storm drains or across lanes occupied by traffic and shall be removed from the pavement surface, concurrent with the cutting operation. All excavated material shall be removed and disposed of outside the street right of way in accordance with relevant sections of the Caltrans Standard Specifications. Dust Control shall conform to the provisions of Section 10-5, "Dust Control" of the Caltrans Standard Specifications. The Contractor shall receive no additional compensation for delays or inconvenience caused by utility relocations and/or adjustments. The delay caused by these relocations and/or adjustments shall not count towards the Contractors' "working days." Clean up: The Contractor shall perform daily cleanup operations to keep the job site and adjacent properties free from accumulation of waste materials and debris resulting from the Contractor's operations. The Contractor shall deposit waste material in on-site containers or at a legal disposal area away from the site at the end of each working day. Nothing herein shall be construed as relieving the Contractor of his/her responsibility for final cleanup of the site as provided in Section 4-1.13, "Cleanup", of the Caltrans Standard Specifications. Damages: Promptly repair damages caused to adjacent facilities by demolition work at no cost to the City. If the Contractor damages an existing improvement, which is to remain, he/she shall restore such improvement to as good a condition as existed before the damage or shall replace the improvement, when restoration is not acceptable, with an improvement of at least equal quality. Cost of such restorations or replacements shall be the Contractor's expense. SP 14 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 Disposal of Waste Materials The City has not made arrangements for disposal of material, which may include but is not limited to soil, concrete, asphalt, pipe, rock, and vegetation. The Contractor shall dispose of all excess and unsuitable material in a legal manner. The City has not completed testing of soil within the project limits. The Contractor is responsible for disposing of all excess soil in a legal manner at a facility with all-weather access. The Contractor should assume all soil must be disposed in a Class II landfill. The Contractor shall be responsible for testing soil as required by the disposal site. The Contractor shall dispose of material such as asphalt, concrete, organic, and wood in a recycling facility. All other materials shall be disposed in a legal facility. MEASUREMENT AND PAYMENT All work under this section shall be paid for at the unit price bid as shown in the bid schedule for demolition in the bidder's proposal and shall include full compensation for furnishing all labor, materials, tools, equipment, dust control, and incidentals, and for doing all the work involved in demolition work, replacement work, relocating work and salvaging of existing improvements and all related incidental work as described herein, as shown on the plans, and as directed by the City Engineer or designee. Full compensation for "Removal of Asphalt Pavement" and "Concrete" of the various types shall include full compensation for furnishing all labor, materials, tools, equipment, aggregate base, and incidentals and for doing all the work complete in place, including saw cutting, demolition and removal of asphalt, concrete, and aggregate base, hauling, recycling, disposal, cleanup and other incidental work, as shown on the plans, as specified in the Caltrans Standard Specifications and these Specifications, and as directed by the City Engineer or designee and shall be considered as included in the contract prices for the various items of work and no additional compensation will be made therefor. Bid Item 4 and 5 Remove Existing Sign paid per EACH The contract unit price paid to "Remove Existing Sign" and "Remove Existing Pole" shall be paid per each and shall include full compensation for removing the sign and sign post, all labor, materials, tools, equipment, and incidentals as shown in the plans. Bid Item 6 Remove Existing Lighting Assembly paid per EACH The contract unit price paid to "Remove Existing Lighting Assembly" shall be paid per each and shall include full compensation for removing the existing lighting assembly, all labor, materials, tools, equipment, and incidentals as shown in the plans. Full compensation for replacing existing landscape vegetation and irrigation in-kind or as approved by the City Engineer or designee shall include all labor, materials, tools, equipment, and incidentals and for doing all the work as specified herein and shall be considered as included in the contract prices for the various items of work and no additional compensation SP 15 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 will be made therefor. Bid Item 7 Clearing and Grubbing paid per EACH The contract lump sum price paid for "Clearing and Grubbing" includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in clearing and grubbing, including the removal and disposal of the resulting material as specified in the Caltrans Standard Specifications and these Specifications, and as directed by the City Engineer or designee. Full compensation for protecting and referencing any utility in place shall be considered as included in the contract prices for the various items of work and no additional compensation will be made therefor. Full compensation for complying with Section 10-1.06 shall be considered as included in the contract prices paid for the various items of work and no separate payment will be made therefor. 10-1.07 ADJUST UTILITIES TO GRADE This work shall consist of adjusting City owned facilities such as storm drain manholes, storm drain valves and cleanouts, sanitary sewer manholes and rodding inlets, traffic signal detector handholes, water valve frames and water facility pull boxes to below the grading plane in excavation (roadway inlay) areas, and then to finished grade following placement of the top layer of asphalt concrete pavement. The Contractor shall adjust these City owned facilities to below the planed surface prior to cold planning/excavation operation. Work by the Contractor shall include locating, referencing, and setting sufficient marks prior to adjusting facilities below the planed surface or grading plane to enable their subsequent retrieval by the Contractor. The Contractor shall reference and set marks for all City owned facilities. The Contractor shall submit a plan to the Engineer at least forty-eight (48) hours in advance of any excavation showing all reference points and offset distances set for each frame, cover, and monument. Adjustments below the planed surface shall include placement of a temporary false bottom in sanitary sewer manholes, removal of rings as required, placing and securing an acceptable temporary lid or cover below the planed surface or grading plane elevations, and placement of temporary asphalt concrete over and around the temporary lid or cover as required to allow for the passage of vehicular traffic prior to and following cold planning or excavation operations. The final adjustment to finished grade of all manhole frames shall consist of resetting the manhole frame to grade by adjusting and/or reconstructing the existing concrete riser rings within the throat area. The existing concrete collar shall be reconstructed to conform to City Standard Detail SD -507, "Precast Manhole and Type 1 Base", and the existing concrete riser rings shall be replaced, if damaged. The reconstructed sections shall be at least equal in quality to the existing structure. In no case shall the precast barrel section be disturbed. Cast iron extension or adjustment rings will not be allowed in the adjusted structure. SP 16 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 Water valve frames shall be adjusted to finished grade by removing the existing concrete collar, raising the frame and cover to finished grade, and constructing a new concrete collar. For all adjustments, the top surface of the adjusted facility shall be within 1/8 inch of the adjacent finished grade. Adjustment to final grade shall not be made until the top layer of paving has been completed immediately surrounding it. This work shall also include placement of temporary asphalt around the manholes/valves if the permanent asphalt concrete patching cannot be placed the same day the facility is adjusted to finished grade. The Contractor shall cooperate and coordinate all adjustments with the various utility owners who will be adjusting their facilities. In addition, the Contractor shall arrange with the utility owners, in a timely manner, the adjustments of their facilities. 10-1.07A ADJUST PULL BOX TO GRADE The work shall consist of adjustment of traffic signal, streetlight, and other pull boxes to grade as part of the reconstruction of pavement, curb ramps, and sidewalk. Each box shall be set on four (4) bricks, one (1) brick at each corner of the box. The bricks shall be set on firm soil to avoid settlement of the box. All existing pull boxes requiring adjustment shall be reused in the project and the Contractor shall take care not to damage them. Any pull boxes damaged as a part of the Contractor's activities shall be replaced at the Contractor's expense. 10-1.07B ADJUST VALVE COVER TO GRADE The work shall consist of adjustment of valve cover to concrete island grade. If the valve cover is damaged as a part of the Contractor's activities, it shall be replaced at the Contractor's expense. Measurement and Payment The quantities will be measured and paid as follows: Bid Item 8, Adjust Utility Box paid per Each The contract unit price paid for these items shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in the connection, including excavation, disposal of unsuitable materials, and grouting, complete in place, as specified in the City Standard Plans ,State Standard Specifications and these Special Provisions Specifications, and as directed by the Engineer. 10-1.08 PORTLAND CEMENT CONCRETE Attention is directed to Section 10-1.06, "Disposal of Waste Materials" for removal and disposal of materials required for this work. Concrete curb, gutter, sidewalk, driveway, valley gutter, and curb ramp to be removed shall be sawcut and removed at nearest weakened plane joints or removed to the nearest construction joints as marked by the Engineer in the field. Concrete curb, gutter, sidewalk, driveway, valley SP 17 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 gutter, and curb ramp removal shall include removing enough existing native or base material to allow for placement of the specified thickness of new aggregate base material and PCC improvement. The rubble from the excavation shall be removed immediately and the area left evenly graded. Subgrade shall be compacted to ninety-five percent (95%) of maximum dry density as determined by ASTM D1557. The Contractor shall sawcut existing AC pavement and any underlying materials adjacent to curb or gutter lip (including gutter for curb ramps) to allow for construction of concrete forms. The sawcut line on pavement shall be at least twelve (12) inches beyond the concrete edge. Slurry from sawcut operation shall be removed sufficiently by vacuuming or similar method from the pavement surface and shall be prevented from entering any waterway or storm drain system in accordance with best management practices. Rubble from the excavation shall be removed immediately. Pavement replacement shall meet the requirements of Section 10-1.16, "Hot Mix Asphalt," of these Technical Specifications. Whenever existing concrete curb, gutter, driveway, sidewalk, valley gutter, and curb ramp are removed, the Contractor shall place Type II barricades with flashing lights at the location of the removed facility. Spacing for Type II barricades shall be no greater than ten (10) feet on center for curb and gutter. Caution tape shall be attached to barricades if needed to delineate the area. Only two curb ramps shall be worked on at one intersection at any given time. All new concrete work shown on the Plans or described in these Technical Specifications shall conform to City of San Rafael Standard Plans, unless otherwise shown or specified on the Plans and these Technical Specifications. This work shall include placing new or recycled aggregate base under new concrete improvements. All new concrete work to be placed on aggregate base shall be founded on a minimum four (4) - inch thick layer of aggregate base. Aggregate base shall be Class 2 Aggregate Base conforming to Section 10-1.12, "Aggregate Base," of these Technical Specifications. Subgrade and aggregate base shall each be compacted to achieve a relative compaction of not less than ninety-five percent (95%). Where subgrade needs to be filled or removed and backfilled for any reason (including root pruning, unsuitable material removal, design change, etc.), backfill material shall be Class 2 Aggregate Base compacted to 95% relative compaction per Section 10-1.12, "Aggregate Base," of these Technical Specifications. Removal of roots and/or other debris shall be performed prior to compaction of subgrade. Smooth dowels #4x12" shall be installed at the junction between new and existing concrete facilities. All dowels shall have a minimum 2.5" concrete cover. The dowels shall be placed in drilled holes, epoxied, and spaced in conformance with the standard detail. Full compensation for installing dowels shall be considered as included in the various concrete items of work and no additional compensation will be allowed therefor. The Contractor shall submit a concrete mix design a minimum of ten (10) working days prior to any mixing and/or placing of concrete. Concrete mix design must be approved prior to start of work. SP 18 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 Unless otherwise specified and if the repair location allows, all curb, gutter, and sidewalk shall be placed in a monolithic pour. For any gutter replacement, if the slopes do not appear to maintain drainage after form boards have been set, notify the Project Engineer prior to ordering concrete. If positive flow of stormwater cannot be demonstrated, the work will be rejected. A clear curing compound shall be used to cure all concrete. Pigmented curing compound shall not be used on this project. Soil disturbance shall be minimized and limited to those areas that require treatment. All existing vegetation within the project limits not designated for removal shall be protected, especially mature shrubs and trees. Under no circumstances shall any disturbance be allowed to occur outside the work areas identified on the plans or in the field by the Engineer. Any vegetation or irrigation damaged during construction shall be repaired or replaced and any areas disturbed or compacted during construction shall receive full soil conditioning and revegetation treatment at the Contractor's expense as directed by the Engineer. Other areas shall be reseeded to as good or better condition as soon as possible. When irrigation systems are damaged the Contractor shall repair these systems the same day they are damaged. The Contractor shall test the system after the repair is completed to ensure the system is fully functional. This work shall be considered as included in the bid item price for the various concrete items and no additional compensation will be allowed therefor. Work constructed for this project shall meet current ADA standards and shall be in first class condition prior to acceptance of the Project and shall remain in first class condition through the warranty period for the project. Contractor recognizes that it is the City's policy that first class condition prior to acceptance means that the improvements are free from cracks or other defects, and that any repairs necessary to return the improvements to first class condition prior to acceptance or within the warranty period are the responsibility of Contractor. Contractor agrees to cause to be repaired to the satisfaction of the Engineer, any cracks or other damage deemed by the Engineer to be in need of repair. Type E Curb: Contractor shall conform to Marin UCS 105 and Section 43 "Curb, Gutter, Sidewalk, Driveway Approach and Valley Gutter" of the Marin Standard Specifications. Detectable Warning Surface Detectable warning surfaces shall consist of raised truncated domes constructed or installed on curb ramps, in conformance with the details shown on the plans and these Technical Specifications. The detectable warning surface shall be prefabricated. Prefabricated detectable warning surface shall be constructed of an epoxy polymer composite with an ultra violet stabilized coating employing aluminum oxide particles in the truncated domes, in conformance with the requirements established by the Department of General Services, Division of State Architect and be installed in conformance with the manufacturer's recommendations. Detectable warning surfaces to be installed at curb ramps to be retrofitted shall be set in wet concrete. The finished surfaces of the detectable warning surface shall be free from blemishes. SP 19 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 The manufacturer shall provide a written five-year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound -on -cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the contract. Prefabricated detectable warning surface shall meet or exceed the following criteria: 1. Water Absorption: 0.35% maximum, when tested in accordance with ASTM D570. 2. Slip Resistance: 0.90 minimum combined wet/ dry static coefficient of friction on top of domes and field area, when tested in accordance with ASTM C1028. 3. Compressive Strength: 18,000 psi minimum, when tested in accordance with ASTM D695. 4. Tensile Strength: 10,000 psi minimum, when tested in accordance with ASTM D638. 5. Flexural Strength: 24,000 psi minimum, when tested in accordance with ASTM C293. 6. Gardner Impact: 450 inch -pounds per inch minimum, when tested in accordance with Geometry "GE" of ASTM D5420. 7. Chemical Stain Resistance: No reaction to 1 % hydrochloric acid, urine, calcium chloride, stamp pad ink, gum, and red aerosol paint, when tested in accordance with ASTM D543. 8. Wear Depth: 0.03" maximum, after 1000 abrasion cycles of 40 grit Norton Metallite sandpaper, when tested in accordance with ASTM D2486 -Modified. 9. Flame Spread: 25 maximum, when tested in accordance with ASTM E84. 10.Accelerated Weathering: No deterioration, fading or chalking for 2000 hours, when tested in accordance with ASTM D2565. In addition to the requirements above, prefabricated detectable warning surface adhered to concrete shall meet or exceed the following performance criteria: 1. Accelerated Aging and Freeze Thaw of Adhesive System: No cracking, delamination, warping, checking, blistering, color change, loosening, etc. when tested in accordance with ASTM D1037. 2. Salt and Spray Performance: No deterioration after 100 hours of exposure, when tested in accordance with ASTM 6117. All protective plastic coverings shall be removed from the detectable warning surface prior to opening for pedestrian traffic. Measurement and Payment The quantities for Portland Cement Concrete will be measured and paid as follows: a) Bid Item 9 PCC Sidewalk paid per SQUARE FOOT b) Bid Item 10, PCC Curb Ramp paid per EACH c) Bid item 11, Curb and Gutter paid per LINEAR FOOT measured at face of curb. d) Bid Item 12, PCC Raised Island paid per EACH SP 20 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 The contract prices paid for Portland cement concrete work shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved including, but not limited to saw cutting, asphalt, concrete, aggregate base removal, excavation and earthwork, disposal of unsuitable materials, preparing the subgrade, scarification and compaction, installation of Type E Curb (PCC Raided Island),Type A Curb and Gutter, furnishing and compacting the aggregate base, doweling into the existing concrete, furnishing and placing concrete, furnishing and placing curing compound, asphalt plugs, conform grading, furnishing and installing detectable warning surface, and landscape/hardscape replacement as shown on the Plans and as directed by the Engineer and no additional compensation will be allowed therefor. 10-1.09 AGGREGATE BASE Class 2 Aggregate Base shall conform to the 3/4 -inch maximum grading and quality requirements as specified in Section 26, "Aggregate Bases," of the State Specifications. Four (4) inches of aggregate base shall be placed under new concrete curb, gutter, sidewalk, curb ramps, and light driveways. Aggregate base shall be spread in accordance with the provisions of Section 26-1.03C, "Spreading," and Section 26-1.03D, "Compaction," of the State Specifications. Spreading and compacting shall be performed by methods that will produce a uniform base, firmly compacted and free from pockets of coarse or fine material. No spreading operation shall begin until the physical characteristics of aggregate base have been approved by the Engineer. Aggregate base exceeding a workable moisture content will be rejected by the City and shall be immediately removed from the project site by the Contractor. Aggregate base, regardless of its use, shall be compacted to ninety-five percent (95%) relative compaction. The subgrade shall be graded to the prism of the finished grade and shall be moisture conditioned and compacted to ninety-five percent (95%) relative compaction. The Contractor shall take soil samples and provide soil testing to determine maximum dry density and optimum moisture content of the subgrade. Measurement and Payment Full compensation for complying with Section 10-1.09 shall be considered as included in the contract prices paid for in the related item and no separate payment will be made therefor. 10-1.10 HOT MIX ASPHALT (Asphalt Concrete Plug) HMA Type A shall be produced and placed according to Section 39-2, "Hot Mix Asphalt," of the State Specifications and using the "Standard" construction process, except as modified below. The work includes the construction of HMA plugs where curb & gutter or curb ramps are being replaced. The Contractor shall submit an asphalt concrete mix design including gradation and properties of aggregate for each mix proposed to be used. Each mix shall satisfy the requirements of Section 39, "Hot Mix Asphalt," and Section 92, "Asphalt Binders," of the State Specifications. Mix designs shall be accompanied by current test results that indicate compliance with the State Specifications as well as a Certificate of Compliance for liquid asphalt from the manufacturer SP 21 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 stating that the material used complies with the requirement of the State Specifications. The job mix formula shall establish a single percentage of aggregate passing each required sieve size and a percentage of asphalt binder to be added to the aggregate. The asphalt concrete binder content shall be based on 4.0% air voids. Said job -mix formula shall be determined using the specifications set forth herein. If the Contractor elects to use any material, including blending material, other than those materials utilized in the mix design, he/she shall so inform the Engineer in advance of the production of asphaltic concrete and shall document the request through an approved testing laboratory. Engineer shall make approval decision regarding such material. The grade of asphalt binder mixed with aggregate for HMA Type A must be PG 64-16 per Section 92 of the State Specifications. The aggregate for HMA Type A must comply with the 1/2 -inch aggregate gradation. The minimum compacted thickness of asphalt concrete shall be the thickness shown on the Plans. The maximum compacted lift thickness shall be 0.25 feet. The tolerance for minimum thickness for all operations shall be 0.01 feet. The tolerance for maximum thickness for asphalt concrete structural sections less than 0.35 feet thick shall be 0.02 feet, and for sections more than 0.35 feet thick shall be 0.03 feet. The Contractor shall apply a tack coat to all surfaces receiving HMA and between HMA lift according to Section 39-2.01 C(3)(f), "Tack Coat," of the State Specifications and at the residual rates specified. The application rate for various surfaces shall be as specified for SS -1 h. Before opening the lane to public traffic, the Contractor shall pave shoulders and median borders adjacent to the lane being paved. Paving work shall be a continuous non-stop operation with delivery trucks arriving in a uniform manner or such that delivered material temperatures meet specifications when placed into paver. The City's representative will meet daily with the Contractor to evaluate the Contractor's operations relative to the work time restrictions. The asphalt concrete shall be delivered to the site in a thoroughly blended condition and shall be spread by a self-propelled asphalt paving machine in such a manner as to avoid particle and thermal segregation during the placing operations. Joint and edge raking that leaves a segregated surface and/or low areas surrounding paving joints is prohibited. No asphalt concrete shall be placed when the atmospheric temperature is below 50°F. No paving work whatsoever shall be allowed when the roadway or subgrade is moist or damp or when it is raining. For the purpose of this provision, "raining" shall mean any weather condition that causes the roadway to become moist or damp. In the case of sudden precipitation, all paving work must stop immediately. All asphalt concrete on site not yet placed and all asphalt concrete in transit from the plant shall be rejected, and no payment will be allowed. SP 22 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 The Contractor shall be responsible for removal of vegetation from the edge of pavement, edge and crack cleaning, crack sealing, sweeping, washing and/or any special cleaning to leave a clean surface ready to receive a tack coat and asphalt concrete. A power wash shall be used in the deceleration zones of intersections for the complete removal of dust that may cause overlay slippage. Excess water shall be removed prior to application of tack coat. Asphalt placement shall conform to the requirement for an accessible -compliant landing at the base of each curb ramp. Accessible -compliant landings shall extend 2 -feet into the road as measured from the gutter flowline at the base of the ramp. The maximum cross -slope in this area shall not exceed 2.0% and the maximum longitudinal slope shall not exceed 5.0%. Placement of asphalt in these accessible -compliant areas may require placement by hand and may require a smaller roller to meet the slope requirements. Meeting pavement density in these areas is still a specification requirement. Minimize aggregate segregation in these areas during hand work. Surplus asphalt material raked into the gutters shall be removed from job site daily. Any "green waste" or yard debris that is moved off the street shall be moved back into street on the same day. Paving operation shall NOT occur on trash pickup day. Measurement and Payment Bid Item 16 Asphalt Concrete Plug shall be measured and paid for on a per square foot (SF) basis and shall include full compensation for HMA plugs shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved construct HMA plugs to the thickness specified on the plans or six inch minimum depth whichever is greater, including, but not limited to, providing mix design, tack coat, and placement and compaction of HMA plugs as directed by the Engineer and no additional compensation will be allowed therefor. 10-1.11 FLEXIBLE BOLLARDS Flexible bollards shall be K-71 self re -erecting marker posts as manufactured by US Reflector or approved equivalent. The color of the flexible bollard shall be white with a diameter of 8" and a height of 36". Submit manufacturer's cut sheets. Measurement and Payment Bid Item 13 K71 Bollards will be measured by Each. The unit price per each shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in installing K71 Bollards, according to manufacturer's recommendations including any necessary cat tracks, dribble lines and layout work, complete in place, as shown on the plans, required by these special provisions, and as directed by the Engineer. 10-1.12 TRAFFIC STRIPES, PAVEMENT MARKINGS, AND MARKERS 10-1.12A PAVEMENT MARKINGS AND TRAFFIC STRIPING Pavement markings and traffic striping shall be thermoplastic and shall be applied in conformance with the provisions in Section 84-2, "Traffic Stripes and Pavement Markings," of the Standard Specifications and these Special Provisions, with two exceptions. Firstly, all SP 23 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 thermoplastic traffic stripes composing the various details shall be 4 -inches wide. Secondly, "Thermoplastic 4 -Inch Line (White or Yellow)" shall instead be applied in conformance with the 2015 Standard Plan. Pavement markings shall include all work and materials required to install thermoplastic traffic striping and pavement markings. Thermoplastic material shall be free of lead and chromium and shall conform to the requirements in State Specification PTH-02ALKYD. Retroreflectivity of the thermoplastic pavement markings shall conform to the requirements in ASTM Designation: D 6359-99. White thermoplastic pavement markings shall have a minimum initial retroreflectivity of 250 mcd m-2 IX -1. Yellow thermoplastic pavement markings shall have a minimum initial retroreflectivity of 150 mcd m-2 Ix'. Before the permanent pavement markings are applied, the Contractor shall provide "cat -track" marking layout for review and approval of the Engineer. Changes, if any, to the marking layout because of the Engineer's review shall be the responsibility of the Contractor. If the Contractor fails to obtain the Engineer's approval of the marking layout prior to the permanent marking installation, changes to the permanent markings as required by the Engineer, including removal and replacement, shall be the Contractor's responsibility. Contractor shall restore thermoplastic striping for crosswalks and stop bars within fourteen (14) days of final lift, which includes a minimum of seven (7) days for HMA pavement cure time. Thermoplastic traffic stripes shall be applied at the minimum thickness and application rate as specified below. The minimum application rate is based on a solid stripe of 4 inches in width. Minimum Minimum Stripe Thickness Application Rate inch Ib/ft 0.079 0.27 Where striping joins existing striping, as shown on the plans, the Contractor shall begin and end the transition from the existing striping pattern into or from the new striping pattern a sufficient distance to ensure continuity of the striping pattern. Thermoplastic pavement markings shall be free of runs, bubbles, craters, drag marks, stretch marks, and debris. Pavement Markings shall be constructed in conformance with the State of California Standard Plans A24A through A24E, the project plans, and as directed by the Engineer. Reflectorized markers shall be installed accurately at the locations called for in the Special Provisions, project plans, or as required by the CA MUTCD. The portion of the street surface, which will receive the pavement markers, shall be free of dirt, oil, moisture, or any other material that would adversely affect the bonding of the adhesive. Adhesive for pavement markers shall be either rapid set epoxy or hot melt bituminous adhesive SP 24 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 conforming to the requirements of Section 81-3, "Pavement Markers," of the Standard Specifications. Adhesive shall be placed in sufficient quantity to completely cover the bottom of the marker with no voids and with slight excess after the marker has been pressed into place. The marker shall be protected against impact until the adhesive has hardened. Thermoplastic aggregate shall be a neutral, light color that will not affect the color of the finished product and will have a mesh sizing of 24 Grit. Skid >60 ASTM E303. 10-1.12B CURB PAINT General Specifications for providing and installing traffic striping and pavement markings in paint on pavement as indicated. Paint traffic stripes and pavement markings on pavement shall be installed only on Grand Street within the limits stated on the plans. Submittals For each lot or batch of paint, submit: Certificate of compliance, including the product name, lot or batch number, and manufacture date Materials Paint for traffic stripes shall be consistent with Standard 84-2.02C of the Caltrans Standard Specifications and these Specifications Paint type shall be Waterborne Traffic Line white and yellow conforming to the requirements of Caltrans Standard Specification PTWB-01 R2. Execution Install paint traffic stripes and markings on curbs. Apply a minimum of two coats. MEASUREMENT AND PAYMENT The quantities for paint striping and markings will be measured and paid as follows: The quantities for thermoplastic striping and markings will be measured and paid as follows: a) Bid Item 14, 6" Thermoplastic White Painted Line, paid per LINEAR FOOT b) Bid Items 15, Thermoplastic (White or Yellow), paid per SQUARE FOOT c) Bid Item 17 Curb Paint, paid per LINEAR FOOT d) Bid Item 18 Detail 27B, paid per LINEAR FOOT. e) Bid Item 19 Street Bond, San Diego Buff, paid per SQUARE FOOT. The contract prices paid square foot for the various striping, thermoplastic stripes and curb paint shall include full compensation for furnishing all labor, supervision, materials, tools, equipment, and incidentals and for doing all the work involved including, but not limited to, any necessary cat tracks; dribble lines and layout work; cleaning surfaces to receive stripes, markers and paint; thermoplastic; and all other work as shown on the plans, as specified in the SP 25 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 State Standard Specifications and these Special Provisions Specifications, and as directed by the Engineer and no additional compensation shall be allowed therefor. Traffic stripes will be measured and paid for by the linear foot along the line of the traffic stripes (without deductions for gaps except at intersections), shown in the Caltrans standard plan details. Gaps in traffic stripes through intersections will not be measured or paid for. Pavement markers that are part of the corresponding details in the Caltrans standard plans shall not be measured separately. The contract price paid per square foot for "Thermoplastic Pavement Markings (Arrows, Words, and Numerals; White or Yellow" shall include full compensation for furnishing all labor, supervision, materials, tools, equipment and incidentals and for doing all work involved in placing thermoplastic pavement markings, including, but not limited to, any necessary layout work and stencils, thermoplastic and all other work as shown on the plans, as specified in the State Standard Specifications and these Special Provisions Specifications and as directed by the Engineer and no additional compensation shall be allowed therefor. 10-1.13 TRAFFIC SIGNS This work consists of removing, furnishing and installing Traffic Signs and new posts conforming to the provisions in Section 82, "Signs and Markers," of the State Standard Specifications, as shown on the plans, described in these Special Provisions and as directed by the Engineer. Traffic signs shall conform to the latest edition of the MUTCD California Supplement. New signpost and sleeves shall be Telespar or approved equal. All signs shall be installed on new posts per City Standard Plans. The retroreflective sheeting shall be diamond -grade. Traffic Sign Specifications for California sign codes are available for review at: http://www.dot.ca.gov/hq/traffops/signtech/signdel/specs.htm Traffic Sign Specifications for signs referenced with Federal MUTCD sign codes can be found in Standard Highway Signs Book, administered by the Federal Highway Administration, which is available for review at: http://mutcd.fhwa.dot.gov/ser-shs_millennium.htm Information on cross-referencing California sign codes with the Federal MUTCD sign codes is available at: http://www.dot.ca.gov/hg/traffops/signtech/signdel/specs.htm MEASUREMENT AND PAYMENT Traffic signs shall be paid by the each with no distinction for specific type of sign or location. MWIN CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 Measurement will be based on the actual number of traffic signs installed as determined by actual count. The contract unit price paid per each Bid Item 20 Sign, Post, and Foundation shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in installing signs, poles, Portland concrete foundations, complete in place, and other incidental work, as specified in the State Standard Specifications and these Special Provisions Specifications, and as directed by the Engineer, and no additional compensation will be allowed therefore. 10-1.14 ELECTRICAL Electrical work consists of furnishing and installation of a solar -powered Rectangular Rapid Flashing Beacon System, a solar -powered Rectangular Rapid Flashing Beacon with Lighting Assembly, a Street Light connected to the existing electrical service, and solar -powered lighting assembly .All related work shown in the contract plans. Work includes procurement and installation of traffic signal equipment necessary to operate at the locations shown on the plans, and shall conform to the provisions in Section 86 and 87 "Electrical Systems" of the Caltrans Standard Specifications and Standard Plans dated 2018 Edition, and these special provisions. 10-1.14A RECTANGULAR RAPID FLASHING BEACON SYSTEM Work shall consist of providing and installing complete and in place Rectangular Rapid Flashing Beacon (RRFB) Assemblies and push buttons for RRFB activation, including pole foundations, poles, mounting hardware, and all incidentals needed thereto. RRFB assembly installation shall be as shown on the plans and in accordance with the most current edition of California MUTCD, these Special Provisions, and the manufacturer's specifications. Submit catalog and installation information for the RRFB system as noted in the following section. The Rectangular Rapid Flashing Beacon System shall include the following components: A. Network controller (1 per intersection/crossing) per manufacturers recommendation B. Rectangular Rapid Flashing Beacon (RRFB) unit (1 per location shown on the plans) C. 30" W11-2 and 24"x12" W16 -7p signs D. Spread spectrum wireless radio (1 per pole that requires power for RRFB unit(s)) E. "Campbell Guardian Wave" push button, by Campbell Company or approved equal F. 2" galvanized bollard with steel cap for push button installation (1 per location shown on the plans) with aluminum pedestal base G.4" galvanized pole with mounting hardware with aluminum pedestal base. Note: Signage shall be applied to the RRFB poles as per the sign schedule on the plans and California MUTCD standards. Requirements: System shall be fully compliant with applicable FHWA and CA MUTCD guidelines and equipped with a GPRS I EDGE modem and GPS receiver attached to its antenna unit. System may include remote management capability and be online accessible. System shall not require the installation or alteration of any other equipment or associated SP 27 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 hardware, such as traffic signal controllers, Ethernet connections, local radios, local wireless connections, or local networks. The RRFB housing shall contain two primary light bars mounted in compliance with CA MUTCD requirements but exceeding the minimum 5" W x 2" H size and CA MUTCD total light emission requirements. The overall dimensions of the RRFB unit shall be 29"Wx 4"Hx 1.5"D. In addition to the primary light bars, the housing shall have smaller secondary light bars mounted on each end for pedestrian notification, arrayed in a 0.4" W x 2 H rectangle. The LEDs used in both the primary and secondary light bars shall be rated for a minimum 15 -year life, and the light bars shall not protrude beyond the surface of the housing, shall not be mounted to the housing with exposed screws, and shall be covered with polycarbonate windows for durability and vandal resistance. The RRFB shall draw attention at distances greater than 1000 feet during the day and over 1 mile at night. The controller shall adjust RRFB brightness as outside light levels change between day and night, being brighter during the day and less bright at night. Activation Devices: Shall consist of one (1) push button each mounted to the RRFB pole or pedestrian push button pole connected to the RRFB controller per the manufacturer's recommendations (wired or wirelessly). Pullboxes: No.6 Concrete Pull Box with bolt down covers as manufactured by Christy, Quazite or approved equal. Provide all pull boxes with hold down locking box inserts by McCain Security or approved equal. Communication Protocols: Each controller shall be equipped with a GPRS I EDGE modem and GPS receiver attached to its antenna unit. No local host or client software shall be required. Remote Management: The controller shall be remotely managed for purposes of activation duration setting and maintenance. Remote management may be performed over a cellular M2M network and the internet from anywhere an internet connection can be made by a capable device. On -Demand Activation, Test and Reports: Each system shall provide on -demand activation of RRFBs for emergency or any other purposes; on -demand test of communication interruption (knockdown), battery health (solar only), beacon outage, and activation reports through the user interface. Proactive Diagnostics: Each system shall generate proactive daily RRFB outage, battery health and communication interruption (knockdown) diagnostics delivered by email to a configurable set of recipients. Mechanical and Electrical Specifications: The controller shall be housed in a vandal resistant NEMA 3R pole- mounted cabinet with a lockable, hinged door. Power: The controller unit shall be powered as shown on the plans Contractor shall test the complete installation in the presence of City's Representative upon completion of the project, including tests for light distribution, controls, unintentional grounds, proper grounding, and bonding, circuit continuity. The Rectangular Rapid Flashing Beacon System and its components shall be supported by a two- year warranty. SP 28 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 This work will be measured as the number of RRFB systems furnished, installed, and accepted in place as shown in the contractor plans. All work under this section shall be included in the price bid for each Rectangular Rapid Flashing Beacon System shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing and installing the Rectangular Rapid Flashing Beacon Crosswalk Lighting System, separate bollards and push buttons, trenching and wiring of push buttons to RRFB controllers, complete and in place as shown on the plans, as specified in these Special Provisions, by the manufacturers specifications, and as directed by the City's Representative. 10-1.14B LIGHTING STANDARD AND TRAFFIC SIGNAL POLES Work shall consist of providing and installing complete and in place Type 1-13 Signal Pole and Type 15D Lighting Standard and Luminaire conforming to Caltrans Standard Plan ES -61D and the provisions in Section 86-1.02K "Luminaires" and 87-1.03J "Standards, Poles, Pedestals, and Posts of the Caltrans Standard Specification dated 2018 Edition, and these special provisions. Contractor shall submit manufacturer shop drawings and specifications demonstrating the proposed materials conform to the requirements of these special provisions prior to ordering materials from the equipment vendor. Conduit and fittings shall conform with Section 86-1.02B of the State Specifications. Conduit installed underground between pull boxes shall be Type 3. Conduit installed between a pull box and a pole foundation shall be Type 1. Pull boxes shall conform with Section 86-1.02C of the State Specifications. Pull box covers shall be marked as shown on Standard Plan ES -8, except that markings shall be labeled as "STREET LIGHT." Pull boxes shall be the non -tamper resistant type. Conductors and wiring shall conform with Section 86-1.02F of the State Specifications. Standards for signals, lighting, and flashing beacons, pedestals for cabinets, and posts for pedestrian push button assemblies must comply with Section 56-3 of the State Specifications. Luminaires shall be Leotek LED type, 3000 Kelvin light and shall include sockets for photoelectric units and shall be equipped with shorting caps. Luminaires shall comply with Section 86-1.02K(2) of the State Specifications. Construction methods shall conform with Section 87-1.03A of the State Specifications, as amended below: The Engineer determines the final locations of electrical systems. Verify the locations of electrical systems and the depths of existing detectors, conduits, and pull boxes. Notify the Engineer before performing work on the existing system. SP 29 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 Contractor may shut down the system for alteration or removal with prior notice to the Engineer for a previously agreed-upon day, time, and duration. Where an existing underground facility is shown within 10 feet of any excavation, locate and field mark the facility before performing work that could damage or interfere with the existing facility. If an existing facility is within 2 feet of an excavation, determine the exact location of the facility by excavating with hand tools before using any power -operated or power -driven excavating or boring equipment. A vacuum excavator may be used if authorized. Notify the Engineer immediately if an existing facility is damaged by your activities. If existing underground conduit is to be incorporated into a new system, clean it with a mandrel or cylindrical wire brush and blow it clean with compressed air. If you work on an existing lighting system and the roadway is to remain open to traffic, ensure the system is in operation by nightfall. Work performed on an existing system not described is change order work. Do not use electrical power from existing highway facilities unless authorized. Maintain a minimum 48 -inch clearance for a pedestrian pathway when placing equipment. Except for service installation or work on service equipment enclosures, do not work above ground until all materials are on hand to complete the electrical work at each location. Bond all metal components to form a continuous grounded system as specified in National Electrical Code (NEC). Ground metallic equipment mounted less than 8 feet above the ground surface on a wood pole. If you damage any portion of a concrete curb, sidewalk, curb ramp, driveway, or gutter depression, replace the entire section between contraction or expansion joints under section 73. Apply equipment identification characters. Perform an operational test of the systems. Before starting the operational test for systems that impact traffic, the system must be ready for operation, and all signs, pavement delineation, and pavement markings must be in place at that location. CONDUIT SP 30 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 Conduit installation shall conform with Section 87-1.0313 of the State Specifications. Excavating and backfilling for electrical systems shall conform with Section 87-1.3E of the State Specifications. Specifications for excavating, backfilling, and compacting for the installation of pipe per County of Marin UCS 340 Type 3. Conduit shall extend 1.5 inches above the bottom of pull boxes. Conduit runs shown on the plans to be located behind curbs may be installed in the street within three (3) feet of the face of curb by the "Trenching in Pavement Method" described in Section 86-2.05C "Installation: of the State Specifications. Trenching installation of conduit shall conform with City of Berkeley Standard Plan #6890. After conductors have been installed, the ends of conduits terminating in pull boxes and service and controller cabinets shall be sealed with an approved type of sealing compound. PULL BOXES Pull box installation shall conform with Section 87-1.03C(1) of the State Specifications. Replace paragraph 3 of Section 87-1.03C(1) with: Install a pull box on a bed of crushed rock. Pull boxes shall not be located within sidewalk access ramp areas. CONDUCTORS AND WIRING Installation for conductors and wiring shall conform to Section 87-1.03F of the State Specifications. Splices shall be insulated by "Method B" or by heat shrink tubing conforming to the requirements of Section 87-1.03H(2) "Splice Insulation," of the State Specifications. FOUNDATIONS Reinforced cast -in -drilled -hole concrete pile foundations for traffic signal and lighting standards shall conform to the provisions in Section 49 "Piling,", Section 56-3 "Standards, Poles, Pedestals, and Posts", and Section 87-1.03E(3) of the State Specifications Material resulting from drilling holes shall be disposed of in conformance with the provisions in Section 87-1.03E, "Excavating and Backfilling," of the State Specifications. For foundations shown to be abandoned, remove the top of the foundation, anchor bolts and conduits to a minimum 1 foot below the sidewalk or roadway finished grade. Backfill the resulting hole with material equivalent to the surrounding material. STANDARDS, STEEL PEDESTALS AND POSTS All standard foundations shall be placed at the grade of the existing or future Portland cement concrete sidewalk. The Contractor shall establish all foundation grades, which shall be SP 31 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 approved by the Engineer prior to construction. Where sign panels are shown to be mounted on traffic signal or lighting standard shafts, sign mounting hardware shall conform to Standard Plan RS4, Strap and Saddle Bracket Method. 10-1.14C SOLAR LIGHTING ASSEMBLY Work shall consist of providing and installing complete and in place Solar Lighting Assembly system as shown on the plans. Submit catalog and installation information for the Solar Lighting Assembly system as noted in the following section. The Solar Lighting Assembly shall be Sol by Carmanah Evergen M Series Solar Lighting System or approved equal. The system shall be the two panel, medium battery box system with 25 W LED (130 lumens per watt) mounted on a 25 -foot pole. Install the Solar Lighting Assembly and Pole per the manufacturer's specifications. Measurement and Payment The contract unit price paid for each intersection for Bid Item 21 Rectangular Rapid Flashing Beacon and Lighting Systems shall include full compensation for installing the RRFB System complete including signage attached to the RRFB system, full compensation for installing Lighting Standard's and Luminaire's and full compensation for installing the Solar Lighting Assembly complete and functioning in place as specified herein, as shown on the plans, as directed by the City Engineer. This Bid Item shall also include all associated hardware, labor, tools, equipment, and incidentals associated with the installation of the Rectangular Rapid Flashing Beacon and Lighting Systems complete in place per intersection. The following items of work listed is these specifications shall be considered included the Bid Item 21 Rectangular Rapid Flashing Beacon and Lighting Systems and no compensation will be allowed therefor: Type 1-B (4 -inch Steel Post) installing the post and foundation complete and functioning in place as specified herein, as shown on the plans, and as directed by the City Engineer. Lighting Standard and Luminaire installing the Lighting Standard, Luminaire, foundation and wiring, complete and functioning in place as specified herein, as shown on the plans, and as directed by the City Engineer. Solar Lighting Assembly installing the Solar Lighting Assembly complete and functioning in place as specified herein, as shown on the plans, and as directed by the City Engineer. No.6 Pull Box installing the No. 6 Pull Box complete and functioning in place as specified herein, as shown on the plans, and as directed by the City Engineer. Conduit installing the Conduit complete and functioning in place as specified herein, as 611m% CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 shown on the plans, and as directed by the City Engineer. Full compensation for all additional materials and labor, not shown on the plans or specified, which are necessary to complete the installation of the various items, shall be considered as included in the prices paid for the items, or units thereof, and no additional compensation will be allowed therefor. Full compensation for hauling and stockpiling electrical material shall be considered as included in the contract price paid for the item requiring the material to be removed, and no additional compensation will be allowed therefor. Full compensation for all additional materials and labor, not shown on the plans or specified, which are necessary to complete the installation of the various items, shall be considered as included in the prices paid for the items, or units thereof, and no additional compensation will be allowed therefor. Full compensation for hauling and stockpiling electrical material shall be considered as included in the contract price paid for the item requiring the material to be removed, and no additional compensation will be allowed therefor. Full compensation for the removal and replacement of concrete or asphalt necessitated by the installation of electrical equipment, conduits, and pull boxes or other associated work shall be considered included in this bid item. No additional payment will be allowed therefor. 10-1.15 MARIN TRANSIT REAL TIME ARRIVAL BOARD Marin Transit Real Time Arrival Board work shall consist of furnishing and installing complete and in place a real time arrival board as shown in the plans and as specified in the provided installation instructions attached to these Special Provisions. Real Time Arrival Board installation includes the materials and labor necessary to install the Board according to the manufacturer's installation instructions and shall include all incidentals necessary to install a fully functional real time arrival board. The Real Time Arrival Board shall be solar powered as shown on the plans. At the City's discretion, the power for this sign may be provided by a hard -wired connection to the adjacent advertising sign. If a hard wired connection to determined to be the preferred connection option, the contractor shall submit a change order for the hard wired connection and provide a credit for the solar panel and associated work that would not be required. Measurement and Payment The contract lump sum price paid for Bid Item 22 Marin Transit Real Time Arrival Board shall include full compensation for installing the Real Time Arrival Board system complete and functioning in place as specified herein, as shown on the plans, and as directed by the City Engineer. Full compensation for all additional materials and labor, not shown on the plans or specified, which are necessary to complete the installation of the various items, shall be considered as included in the prices paid for the items, or units thereof, and no additional compensation will SP 33 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 be allowed therefor. Full compensation for the removal and replacement of concrete or asphalt necessitated by the installation of electrical equipment, conduits, and pull boxes or other associated work shall be considered included in this bid item. No additional payment will be allowed therefor. 18-1.16 STORM DRAIN IMPROVEMENTS Storm drain improvements, including but not limited to, catch basins and stormdrain pipe shall be constructed in accordance with the provisions of the Uniform Constriction Standards of the Cities and County of Marin, State Standard Specifications, and these Technical Specifications. STORM DRAIN STRUCTURES The Contractor shall install drain inlets and outlets at the locations, and of the types shown on the plans. Materials and fabrication details for drop inlet frames, grates, and angle anchor assemblies, shall conform to the applicable provisions of Section 75, "Miscellaneous Metal," of the State Standard Specifications and these Special Provisions. Precast Structure shall be rated for AASHTO H2O loading in traffic areas. Frames, Grates and Covers: State Standard Specifications Section 75-2. Galvanize steel frames, grates and covers shall have 1/2" maximum openings for grates in the pedestrian and bicycle path of travel. Grates and covers shall be non -rocking and rated for AASHTO H2O loading in traffic areas. Measurement and Payment Bid Item 23 Storm Drain Catch Basin (Type E) will be measured by Each. The unit price per each shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in installing Storm Drain Catch Basin (Type E), according to Marin County UCS complete in place, as shown on the plans, required by these special provisions, and as directed by the Engineer. Bid Item 24 12" SDR 35 will be measured by the Linear Foot (LF). The unit price per linear foot shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in installing 12" SDR 35, according to Marin County UCS and state standard specifications complete in place, as shown on the plans, required by these special provisions, and as directed by the Engineer. SP 34 CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 APPENDIX A: BELLAM AND KERNER MULTIMODAL REPAIRS SP 36 JW 4M OM m loW pye jc, CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 APPENDIX B: KERNER AND NOVATO MULTIMODAL REPAIRS SP 38 h 100 ft'k' CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 APPENDIX C: CITY OF SAN RAFAEL POLLUTION PREVENTION REQUIREMENT SP 40 CITY OF SAN RAFAEL POLLUTION PREVENTION: IT'S PART OF THE PLAN MAKE SURE YOUR CREWS AND SUBS DO THE JOB RIGHT! RUNOFF FROM STREETS AND OTHER PAVED AREAS IS A MAJOR SOURCE OF POLLUTION IN SAN FRANCISCO BAY. CONSTRUCTION ACTIVITIES CAN DIRECTLY AFFECT THE HEALTH OF THE BAY UNLES CONTRACTORS AND CREWS PLAN AHEAD TO KEEP DIRT, DEBRIS, AND OTHER CONSTRUCITON WASTE AWAY FROM STORM DRAINS AND LOCAL CREEKS. FOLLOWING THESE GUIDELINES WILL ENSURE YOUR COMPLIANCE WITH CITY OF SAN RAFAEL ORDINANCE REQUIREMETNS. MATERIALS STORAGE & SPILL CLEANUP NON -HAZARDOUS MATERIALS MANAGEMENT - SAND, DIRT, AND SIMILAR MATERIALS MUST BE STORED AT LEAST 10 FEET FROM CATCH BASINS, AND COVERED WITH A TARP DURING WET WEATHER OR WHEN RAIN IS FORECAST - USE (BUT DON'T OVERUSE) RECLAIMED WATER FOR DUST CONTROL AS NEEDED - SWEEP STREETS AND OTHER PAVED AREAS DAILY. DO NOT WASH DOWN STREETS OR WORK AREAS WITH WATER! - RECYCLE ALL ASPHALT, CONCRETE, AND AGGREGATE BASE MATERIAL FROM DEMOLITION ACTIVITIES. - CHECK DUMPSTERS REGULARLY FOR LEAKS AND TO MAKE SURE THEY DON'T OVERFLOW. REPAIR OR REPLACE LEAKING DUMPSTERS PROMPTLY. - LABEL ALL HAZARDOUS MATERIALS AND HAZARDOUS WASTES (SUCH AS PESTICIDES, PAINTS, THINNERS, SOLVENTS, FUEL, OIL, AND ANTIFREEZE) IN ACCORDANCE WITH CITY, STATE, AND FEDERAL REGULATIONS. - STORE HAZARDOUS MATERIALS AND WASTES IN SECONDARY CONTAINMENT AND COVER THEM DURING WET WEATHER - FOLLOW MANUFACTURER'S APPLICATION INSTRUCTIONS FOR HAZARDOUS MATERIALS AND BE CAREFUL NOT TO USE MORE THAN NECESSARY. DO NOT APPLY CHEMICALS OUTDOORS WHEN RAIN IS FORECAST WITHIN 24 HOURS. - BE SURE TO ARRANGE FOR APPROPRIATE DISPOSAL OF ALL HAZARDOUS WASTES. - KEEP A STOCKPILE OF SPILL CLEANUP MATERIALS (RAGS, ABSORBENTS, ETC.) AVAILABLE AT THE CONSTRUCTION SITE AT ALL TIMES. - WHEN SPILLS OR LEAKS OCCUR, CONTAIN THEM IMMEDIATELY AND BE PARTICULARLY CAREFUL TO PREVENT LEAKS AND SPILLS FROM REACHING THE GUTTER, STREET, OR STORM DRAIN. NEVER WASH SPILLED MATERIAL INTO A GUTTER, STREET, STORM DRAIN OR CREEK! - REPORT ANY HAZARDOUS MATERIALS SPILLS IMMEDIATELY! CALL CITY OF SAN RAFAEL FIRE DEPARTMENT AT (415) 485-3308. VEHICLE AND EQUIPMENT MAINTENANCE & CLEANING - INSPECT VEHICLES AND EQUIPMENT FOR LEAKS FREQUENTLY. USE DRIP PANS TO CATCH LEAKS UNTIL REPAIRS ARE MADE; REPAIR LEAKS PROMPTLY - FUEL AND MAINTAIN VEHICLES ON SITE ONLY IN A BERMED AREA OR OVER A DRIP PAN THAT IS BIG ENOUGH TO PREVENT RUNOFF - IF YOU MUST CLEAN VEHICLES OR EQUIPMENT ON SITE, CLEAN WITH WATER ONLY IN A BERMED AREA THAT WILL NOT ALLOW RINSEWATER TO RUN INTO GUTTERS, STREETS, STORM DRAINS, OR CREEKS - DO NOT CLEAN VEHICLES OR EQUIPMENT ON-SITE USING SOAPS, SOLVENTS, DEGREASERS, STEAM CLEANING EQUIPMENT, ETC. EARTHWORK & CONTAMINATED SOILS - KEEP EXCAVATED SOIL ON THE SITE WHERE IT IS LEAST LIKELY TO COLLECT IN THE STREET. TRANSFER TO DUMP TRUCKS SHOULD TAKE PLACE ON THE SITE, NOT IN THE STREET. - USE HAY BALES, SILT FENCES, OR OTHER CONTROL MEASURES TO MINIMIZE THE FLOW OF SILT OFF THE SITE. - AVOID SCHEDULING EARTH MOVING ACTIVITIES DURING THE RAINY SEASON IF POSSIBLE. IF GRADING ACTIVITIES DURING WET WEATHER ARE ALLOWED IN YOUR PERMIT, BE SURE TO IMPLEMENT ALL CONTROL MEASURES NECESSARY TO PREVENT EROSION. - MATURE VEGETATION IS THE BEST FORM OF EROSION CONTROL. MINIMIZE DISTURBANCE TO EXISTING VEGETATION WHENEVER POSSIBLE. - IF YOU DISTURB A SLOPE DURING CONSTRUCITON, PREVENT EROSION BY SECURINT THE SOIL WITH EROSION CONTROL FABRIC, OR SEED WITH FAST-GROWING GRASSES AS SOON AS POSSIBLE. PLACE HAY BALES DOWN-SLOPE UNTIL SOIL IS SECURE. - IF YOU SUSPECT CONTAMINATION FROM SITE HISTORY, DISCOLORATION, ODOR, TEXTURE, ABANDONED UNDERGROUND TANKS OR PIPES, OR BURIED DEBRIS), CALL THE FIRE DEPT., (415) 485-3308, FOR HELP IN DETERMINING WHAT TESTING SHOULD BE DONE. - MANAGE DISPOSAL OF CONTAMINATED SOIL ACCORDING TO FIRE DEPARTMENT INSTRUCTIONS. CITY OF SAN RAFAEL STORM WATER PROGRAM (415) 485-3355 DEWATERING OPERATIONS - REUSE WATER FOR DUST CONTROL, IRRIGATION, OR ANOTHER ON-SITE PURPOSE TO THE GREATEST EXTENT POSSIBLE. - BE SURE TO CALL THE CITY'S STORMWATER MANAGER BEFORE DISCHARGING WATER TO A STREET, GUTTER, OR STORM DRAIN. CALL THE STORMWATER MANAGER AT (415) 485-3355. FILTRATION OR DIVERSION THROUGH A BASIN, TANK, OR SEDIMENT TRAP MAY BE REQUIRED. - IN AREAS OF KNOWN CONTAMINATION, TESTING IS REQUIRED PRIOR TO REUSE OR DISCHARGE OF GROUNDWATER. CONSULT WITH THE CITY FIRE DEPT. TO DETERMINE WHAT TESTING TO DO AND TO INTERPRET RESULTS. CONTAMINATED GROUNDWATER MUST BE TREATED OR HAULED OFF-SITE FOR PROPER DISPOSAL. SAW CUTTING - ALWAYS COMPLETELY COVER OR BARRICADE STORM DRAIN INLETS WHEN SAW CUTTING. USE FILTER FABRIC, HAY BALES, SAND BAGS, OR FINE GRAVEL DAMS TO KEEP SLURRY OUT OF THE STORM DRAIN SYSTEM. - SHOVEL, ABSORB, OR VACUUM SAW -CUT SLURRY AND PICK UP ALL WASTE AS SOON AS YOU ARE FINISHED IN ONE LOCATION OR AT THE END OF EACH WORK DAY (WHICHEVER IS SOONER). - IF SAW CUT SLURRY ENTERS A CATCH BASIN, CLEAN IT UP IMMEDIATELY. PAVING/ASPHALT WORK - DO NOT PAVE DURING WET WEATHER OR WHEN RAIN IS FORECAST. - ALWAYS COVER STORM DRAIN INLETS AND MANHOLES WHEN PAVING OR APPLYING SEAL COAT, TACK COAT, SLURRY SEAL, OR FOG SEAL. - PLACE DRIP PANS OR ABSORBENT MATERIAL UNDER PAVING EQUIPMENT WHEN NOT IN USE. - PROTECT GUTTERS, DITCHES, AND DRAINAGE COURSES WITH HAY BALES, SAND BAGS, OR EARTHEN BERMS. - DO NOT SWEEP OR WASH DOWN EXCESS SAND FROM SAND SEALING INTO GUTTERS, STORM DRAINS, OR CREEKS. COLLECT SAND AND RETURN IT TO THE STOCKPILE, OR DISPOSE OF IT AS TRASH. - DO NOT USE WATER TO WASH DOWN FRESH ASPHALT CONCRETE PAVEMENT. CONCRETE, GROUT, AND MORTAR STORAGE & WASTE DISPOSAL - BE SURE TO STORE CONCRETE, GROUT AND MORTAR UNDER COVER AND AWAY FROM DRAINAGE AREAS. THESE MATERIALS MUST NEVER REACH A STORM DRAIN. - WASH OUT CONCRETE EQUIPMENT/TRUCKS OFF-SITE OR DESIGNATE AN ON-SITE AREA FOR WASHING WHERE WATER WILL FLOW ONTO DIRT OR INTO A TEMPORARY PIT IN A DIRT AREA. LET THE WATER SEEP INTO THE SOIL AND DISPOSE OF HARDENED CONCRETE WITH TRASH. - IF A SUITABLE DIRT AREA IS NOT AVAILABLE, COLLECT THE WASH WATER AND REMOVE IT FOR APPROPRIATE DISPOSAL OFF SITE. - DIVERT WATER FROM WASHING EXPOSED AGGREGATE CONCRETE TO A DIRT AREA WHERE IT WILL NOT RUN INTO A GUTTER, STREET, OR STORM DRAIN. IF A SUITABLE DIRT AREA IS NOT AVAILABLE, FILTER THE WASH WATER THROUGH HAY BALES BEFORE DISCHARGING TO A STORM DRAIN. PAINTING - NEVER RINSE PAINT BRUSHES OR MATERIALS IN A GUTTER OR STREET. - PAINT OUT EXCESS WATER-BASED PAINT BEFORE RINSING BURHSES, ROLLERS, OR CONTAINERS IN A SINK. IF YOU CAN'T USE A SINK, DIRECT WASH WATER TO A DIRT AREA AND SPADE IT IN. - PAINT OUT EXCESS OIL-BASED PAINT BEFORE CLEANING BRUSHES IN THINNER. - FILTER PAINT THINNERS AND SOLVENTS FOR REUSE WHENVER POSSIBLE. DISPOSE OF OIL-BASED PAINT SLUDGE AND UNUSABLE THINNER AS HAZARDOUS WASTE. STORM DRAIN POLLUTERS MAY BE LIABLE FOR FINES OF UP TO $500 PER DAY CITY OF SAN RAFAEL CANAL NEIGHBORHOOD INTERSECTION IMPROVEMENTS PROJECT 03-23-2021 APPENDIX D: CITY SD MANHOLE CASTING ADJUSTING DETAIL SP 42 Symetrical about I _ 011 Min. ' 11/2" A.0 See note Class "B" concrete .o• 1 Taper section .o NOT E 1. BLOCK MANHOLE FRAME TO GRADE WITH BRICK OR CONCRETE BLOCK. POUR CLASS "B" CONCRETE WITH 2% CALCIUM CHLORIDE TO 1,/2" BELOW FINISH GRADE OF NEW PAVEMENT. FINISH INSIDE TO SMOOTH SURFACE. 2. COMPLETE TO GRADE WITH 11/2" ASPHALT CONCRETE. 3. SMALL CASTINGS TO BE RAISED IN SIMILAR MANNER. STANDARD REVISIONS DATE OWN. BY CHK. BY CASTING ADJUSTING a9 5 3L T.'J. °. E. J. DETAIL CITY OF SAN RAFAEL CALIFOR N IA ENGINEERING DEPT. APPROVED DWrGINO. G;,uE Iva CITY E a I RAFq�! 1 a 2 y0 WITH N�`y CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Iman Kayani for SG Extension: 3352 Contractor Name: Team Ghilotti, Inc. Contractor's Contact: Gabe Duran Contact's Email: gabed@teamghilotti.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 4/27/2021 Attorney c/o Laraine.Gittens@cityofsanrafael.org ❑x IKK 2 City Attorney a. Review, revise, and comment on draft agreement 4/27/2021 © LG and return to Project Manager 4/27/2021 N LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 4/28/2021 ® BG contractor 4 Project Manager Forward three (3) originals of final agreement to 4/28/2021 ❑x IKK contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services OIKK Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 5/3/2021 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 5/17/2021 IKK Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed n agreement 5 6 02021 8 City Attorney Review and approve insurance in PINS, and bonds j `j J•.Q (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized Com( official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager