Agmt17 Belmont-Redwood Shores School District

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minimize deleterious effects associated with the construction of the New Project. District shall be required, at its expense, to obtain any and all air quality and other permits required of District in connection with District's construction. 10.4 Conditions of Construction. Before (a) any construction related to the New Project is commenced on the Sandpiper Joint Use Site, and before any building materials have been delivered to the Sandpiper Joint Use Site by District or under District's authority, and (b) any Repairs are commenced on the Sandpiper Joint Use Site by District or under District's authority, District shall comply with all the following conditions or procure City's written waiver of the condition or conditions specified in the waiver ("Conditions of Construction"): (a) District shall notify City of District's intention to commence work on the New Project immediately upon making such determination, and unless otherwise agreed to by City, no less than ten (10) business days before commencement of any such work or delivery of any materials. The notice shall specify the approximate location and nature of the intended work. For all construction, City shall have the right to post and maintain on the Sandpiper Joint Use Site any notices of non -responsibility provided for under applicable Law. This subsection shall not apply to Minor Repairs (as defined below), except for Minor Repairs with an estimated cost equal to or more than $100,000.00, such amount to be increased by 3.5% annually. (b) District shall be solely responsible for Construction. (c) District shall enter into a written contract with licensed general contractor(s) and subcontractor(s) to perform all work and construct any improvements in accordance with the approved construction documents, and in compliance with all applicable Laws (provided, however, that, for Minor Repairs, the contracts do not need to be written, and the construction documents do not need to be approved by the City); (d) District and its contractors and subcontractors shall ensure compliance with any applicable prevailing wage laws and regulations; (e) Prior to the commencement of construction, District shall cause a barrier to be installed around the work site. This also applies to Minor Repairs to the extent that a barrier is reasonably necessary; (f) District shall be responsible for complying with any applicable public bidding laws; (g) Prior to commencing construction, and during the course of construction, District shall ensure that each contractor, subcontractor and design professional performing work on the New Project shall maintain commercially reasonable insurance coverage as follows, and, upon City's request, provide proof of such coverage: (i) Commercial General Liability: $1,000,000 for each occurrence and $2,000,000 general aggregate with Products and Completed Operations Coverage; (ii) Workers' Compensation: statutory minimum; (iii) Automobile Liability — Any Auto: combined single limit of $1,000,000; (iv) Excess Liability: $2,000,000; (v) Professional Liability: $1,000,000. . (h) Prior to commencing any construction, and with the exception of the construction of Minor Repairs, District shall ensure that each contractor and subcontractor performing work on the Project has provided to the District, in a form acceptable to the District, a Payment (Labor and Material) Bond and a Performance Bond, each in an amount equivalent to 100 percent of the Contract Price issued by a surety admitted to issue bonds in the State of California and otherwise acceptable to the District. District shall provide proof of such bonds prior to any commencement of construction. (k) Builder's Risk and Other Insurance. Prior to commencing construction, and during the course of construction, District shall provide evidence of the insurance coverages set forth in Exhibit F, attached hereto and incorporated herein. Prior to commencing any work, District shall deliver to City certificates of insurance evidencing ATTY/AGR/2017.041/GROUND LEASE —SANDPIPER REV: 03-01-1715 Page 6 of 33