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24-024 Selway Construction for Blackberry Farm Accessibility Improvement Project - PO 2024-376CONTRACT Blackberry Farm Accessibility Improvements 2023 Form Project # 2022-07 Page 2 Contract This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”) and Selway Constrjuction, Inc (“Contractor”), for work on the Blackberry Farm Accessibility Improvement Project (“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 January 17, 2024, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. 2.Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment and Performance Bonds; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Potential Award; 2.12 Notice to Proceed; and 2.13 The following: 3.Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4.Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $289,601.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5.Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 48 calendar days from the commencement date CONTRACT Blackberry Farm Accessibility Improvements 2023 Form Project # 2022-07 Page 3 given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion. 6.Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. 7.Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions . 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 8.Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 9.Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 10.Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11.Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: CONTRACT Blackberry Farm Accessibility Improvements 2023 Form Project # 2022-07 Page 4 Public Works Department 10300 Torre Ave Cupertino, CA 95014 Attn: Jo Anne Johnson, Project Manager joannej@cupertino.org Copy to: PW Invoices pwinvoices@cupertino.org Contractor: Name: Selway Construction Inc_ Address:_728 Charcot Ave. City/State/Zip: San Jose CA 95131 Phone: 408 382 9841 Attn: Peter Hawkins Email: Peter@Selwayconstruction.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 party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 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 CONTRACT Blackberry Farm Accessibility Improvements 2023 Form Project # 2022-07 Page 5 binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. [Signatures are on the following page.] CONTRACT Blackberry Farm Accessibility Improvements 2023 Form Project # 2022-07 Page 6 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title Date: ___________________________ Date: ______________________________ Attest: s/_______________________________ _________________________________ Name, Title Date: ___________________________ CONTRACTOR: ___________________________________________________ Business Name s/_______________________________ _________________________________ Name, Title Date: ____________________________ Second Signature (See Section 12.8): s/_______________________________ _________________________________ Name, Title Date: ____________________________ ___________________________________________________ Contractor’s California License Number(s) and Expiration Date(s) END OF CONTRACT Philip Selway Selway Construction Philip Selway President Feb 23, 2024 Anthony Selway Anthony Selway VP Feb 26, 2024 Christopher D. Jensen Christopher D. Jensen City Attorney Feb 26, 2024 Pamela Wu City Manager Feb 26, 2024 Kirsten Squarcia City Clerk Feb 26, 2024 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/13/2024 Selway Construction Inc. 728 Charcot Avenue San Jose, CA 95131 42390 16427 16045 11000 A 1,000,000 X X DENV0001040-00 10/2/2023 10/2/2024 50,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B X X SEAU443045 10/1/2023 10/1/2024 5,000,000C 01-P-XL-P70001335-2 10/2/2023 10/2/2024 5,000,000 D X 7600024822231 10/1/2023 10/1/2024 1,000,000 1,000,000 1,000,000 A General Liability DENV0001040-00 10/2/2023 Each Occurrence 1,000,000 E All Risk BPPCoverage 57SBABP5037 7/27/2023 7/27/2024 Limit 100,000 Re: Project #2022 -07A, Blackberry Farm Accessibility Improvements 2023 Form. City of Cupertino, its Council, officers, officials, employees, agents, volunteers and consultants collectively are included as an additional insured on General Liability and Automobile Liability policies per the attached endorsements. General Liability policy is primary and non-contributory per the attached endorsement. Waiver of Subrogation apply to General Liability, Automobile Liability and Workers Compensation policies per the attached endorsements. City of Cupertino 10555 Mary Ave Cupertino, CA 95014 SELWCON-01 MPANKU Acrisure Partners West Coast Insurance Services, LLC 1950 W Corporate Way #1 Anaheim, CA 92801 Mayra Vargas MVargas@acrisure.com Palms Insurance Company, Limited AmGUARD Insurance Company Ategrity Specialty Insurance Company Everest Premier Insurance Company Sentinel Insurance Company, Ltd X 10/2/2024 X X X X X X X X CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: DENV0001040-00 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy In respect to any location where the named insured is performing “your work”. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. POLICY NUMBER: DENV0001040-00 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy In respect to any location where the named insured is performing “your work”. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL AUTO BA 99 04 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BA 99 04 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 1 ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This provision does not apply in regard to any ownership, maintenance or use of the additional insured’s “autos.” Additional Insured When Required by Contract (1)Paragraph A.1. – WHO IS AN INSURED – of Section II – Liability Coverage is amended to add: d.When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an “insured”, but only to the extent such person or organization is liable for “bodily injury” or “property damage” caused by the conduct of an “insured” under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered “auto.” The insurance afforded to any such additional insured applies only if the “bodily injury” or “property damage” occurs: (1)During the policy period, and (2)Subsequent to the execution of such written contract, and (3)Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a)The limits of insurance specified in the written contract or written agreement; or (b)The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or “suit” under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or “suit” to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that the insurance is primary and non- contributory with the additional insured’s own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If another person or organization is added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in A. Loss Conditions 2. – Duties In The Event Of Accident, Claim, Suit Or Loss – of SECTION IV – BUSINESS AUTO CONDITIONS,in the same manner as the Named Insured. Policy Number: SEAU443045 DENV 02 16 07 22 Includes Copyrighted Material of Insurance Services Office, Inc. with its permission Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY – If required by written contract or agreement, effected prior to the date your operations for that person or organization commenced and named below, such insurance as is afforded by this policy to any additional insureds under this policy shall be primary insurance, and any insurance or self-insurance maintained by such additional insured(s) shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1.An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a.That request is made prior to the date your operations for that person or organization commenced; and b.A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2.A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a.That request is made prior to the date your operations for that person or organization commenced; and b.A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Name Of Person(s) Or Organization(s): Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy. In respect to any location where the named insured is performing “your work”. POLICY NUMBER: DENV0001040-00 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL AUTO BA 99 02 09 08 BA 99 02 09 08 Includes copyrighted material of Insurance Services Office, Inc., with its permission.Page 1 of 1 BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. Policy Number:SEAU443045 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER BLANKET WAIVER OF SUBROGATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/01/2023 Policy No. 7600024822231 Endorsement No. 001 Insured: Selway Construction, Inc. Premium $ INCL. Insurance Company: Everest Premier Insurance Company Countersigned By: - 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. 5 Blackberry Farm Accessibility Improvements 2023 Form NOTICE INVITING BIDS Project # 2022-07A Page 1 Notice Inviting Bids 1. Bid Submission. City of Cupertino (“City”) will accept electronically submitted bids for its Blackberry Farm Accessibility Improvements Project (“Project”), by or before December 12, 2023, at 2:00 PM via electronic submission to the City’s “Business Opportunities” online portal in the manner set forth in Section 1 of the Instructions to Bidders, at which time the bids will be opened by the City.. 2. Project Information. 2.1 Location and Description. The Project is located at 21979 San Leandro Ave, Cupertino, CA 95014, and is described as follows: Modifications to interior restrooms and shower facilities to achieve compliance with ADA standards, modification of interior floor drains, restriping ADA parking stalls, installation of parking signs, installation of ADA truncated domes, and installation of storm drain pipe connecting existing deck drains to storm drain drop inlet and removal/replacement of pervious concrete pavement. 2.2 Time for Final Completion. The Project must be fully completed within 45 calendar days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about February 1, 2024, but the anticipated start date is provided solely for convenience and is neither certain nor binding. 3. License and Registration Requirements. 3.1 License. This Project requires a valid California contractor’s license for the following classification(s): Class A or Class B 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”) may be downloaded from City’s Business Opportunities website located at: https://apps.cupertino.org/bidmanagement/index.aspx.. A printed copy of the Contract Documents is not available. 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,in the manner set forth in Section 4 of the Instructions to Bidders. 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 Blackberry Farm Accessibility Improvements 2023 Form INSTRUCTIONS TO BIDDERS Project # 2022-07A Page 3 Instructions to Bidders Each Bid Proposal submitted to City of Cupertino (“City”) for its Blackberry Farm Accessibility Improvements Project (“Project”) must be submitted in accordance with the following instructions and requirements: 1. Bid Submission. 1.1 General. Each Bid Proposal must be completed, using the form provided in the Contract Documents, signed, and submitted to City, with all required forms and attachments, by or before the date and time set forth in Section 1 of the Notice Inviting Bids, or as amended by subsequent addendum. Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will not be considered. 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. 1.2 Electronic Submission. The Bid Proposal and all required forms and attachments must be submitted in PDF format on the City’s “Business Opportunities” portal at https://apps.cupertino.org/bidmanagement/index.aspx. To submit a bid, (1) select the folder icon in the “Actions” column for the Project; (2) select the “Electronic Submission” tab; (3) when the log-in screen appears, enter the log-in credentials used to access the Contract Documents and/or create an account, as appropriate; (4) after logging in, carefully follow all instructions for electronic submission of the Bid Proposal and all required forms and attachments. Each bidder should familiarize itself with the City’s “Business Opportunities” portal before the bid deadline. Electronic submission may take more time than anticipated. Each bidder should plan accordingly and afford itself ample time to upload its bid. Bids that are in the process of uploading but are not completely uploaded by the bid deadline will be automatically rejected by the portal. The portal will not allow submission after the bid deadline. 1.3 Bid Posting. The amount of each bid and such other relevant information as the City deems appropriate, together with the name of each bidder, shall be posted on the City website https://apps.cupertino.org/bidmanagement/index.aspx on the first working day following a period of 48 hours after the bid opening and remain open to public inspection for a period of not less than fifteen (15) calendar days after the bid opening. 1.4 DIR Registration. Subject to limited legal exceptions for joint venture bids and federally-funded projects, City may not accept a Bid Proposal from a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code § 1725.5. If City is unable to confirm that the bidder is currently registered with the DIR, City may disqualify the bidder without opening its bid. (Labor Code §§ 1725.5 and 1771.1(a).) 2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed legibily using the Bid Proposal form included with the Contract Documents. The Bid Proposal form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible, and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,” Blackberry Farm Accessibility Improvements 2023 Form INSTRUCTIONS TO BIDDERS Project # 2022-07A Page 4 “will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by bid security, as set forth in Section 4 below, and by a completed Subcontractor List and Non-Collusion Declaration using the forms included with the Contract Documents, a PDF copy of the bid security, and any other required enclosures, as applicable. In addition to submitting a PDF copy of the bid security, each bidder must also send the original form of bid security to the City, as set forth in Section 4, below. 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 Corporations Code § 313. 4. Bid Security. Each bid must be guaranteed by bid security of ten percent of the maximum bid amount, in the form of a cashier’s 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. 4.1 Form of Security and Submission. In addition to submitting a PDF copy of the bid security, the wet-inked original bid bond, cashier’s or certified check, must be sent to the City via U.S. Mail or a reliable overnight delivery service in a sealed envelope addressed to City of Cupertino, Office of the City Clerk, 10300 Torre Avenue, Cupertino, CA 95014 and clearly labeled with the bidder’s legal name and address, the Project title, and date and time of the bid deadline. The envelope containing the original form of bid security must be postmarked or otherwise dated to show that it was submitted to the United States Postal Service or overnight delivery service by or before the date of the bid deadline. 4.2 Bid Guarantee. The bid security must guarantee that, within ten days after issuance of the Notice of Potential Award, the bidder will: execute and submit the enclosed Contract for the bid price; submit payment and performance bonds for 100% of the maximum Contract Price; and submit the insurance certificates and endorsements and any other submittals, if any, required by the Contract Documents or the Notice of Potential Award. A Bid Proposal may not be withdrawn for a period of 60 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code § 5100 et seq. 5. Requests for Information. Questions or requests for clarifications regarding the Project, the bid procedures, or any of the Contract Documents must be submitted in writing to Jo Anne Johnson, Project Manager , at joannej@cupertino.org. Oral responses are not authorized and are not binding on the City. Bidders should submit any such written inquiries at least five Working Days before the scheduled bid opening. Questions received any later might not be addressed before the bid deadline. An interpretation or clarification by City in response to a written inquiry will be issued in an addendum. 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 Blackberry Farm Accessibility Improvements 2023 Form INSTRUCTIONS TO BIDDERS Project # 2022-07A Page 5 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. 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. 8. 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. Bidders should check City’s website periodically for any addenda or updates on the Project at: https://apps.cupertino.org/bidmanagement/index.aspx. 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 Blackberry Farm Accessibility Improvements 2023 Form INSTRUCTIONS TO BIDDERS Project # 2022-07A Page 6 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 10300 Torre Ave, Cupertino CA 95014 Attn Jo Anne Johnson or sent via email at joannej@cupertino.org before 5:00 p.m. no later than two Working Days following the date upon which the City posts the bid results (“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. 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 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. Blackberry Farm Accessibility Improvements 2023 Form INSTRUCTIONS TO BIDDERS Project # 2022-07A Page 7 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 <____> 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. 16. Subcontractor Work Limits. The prime contractor must perform at least 50% of the Work on the Project, calculated as a percentage of the base bid price, with its own forces, except for any Work identified as “Specialty Work” in the Contract Documents. The total bid amount for any such Specialty Work, as shown on the Bid Schedule, may be deducted from the base bid price before computing the 50% self-performance requirement. The remaining Work may be performed by qualified Subcontractor(s). Blackberry Farm Accessibility Improvements 2023 Form INSTRUCTIONS TO BIDDERS Project # 2022-07A Page 8 17. 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. Unless identified as a “Final Pay Quantity,” 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. 19. Additive and Deductive Alternates. As required by Public Contract Code § 20103.8, if this bid solicitation includes additive or deductive items, the method checked below will be used to determine the lowest bid. If no method is checked, subparagraph (A) will be used to determine the lowest bid. City retains the right to add to or deduct from the Contract any of the additive or deductive alternates included in the Bid Proposal. X (A) The lowest bid will be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items. _____ (B) The lowest bid will be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation or Bid Proposal as being used for the purpose of determining the lowest bid price. _____ (C) The lowest bid will be the lowest total of the bid prices on the base contract and those additive or deductive items taken in order from a specifically identified list of those items that, when in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by City before the first bid is opened. _____ (D) The lowest bid will be determined in a manner that prevents any information that would identify any of the bidders or the proposed subcontractors or suppliers from being revealed to City before the ranking of all bidders from lowest to highest has been Blackberry Farm Accessibility Improvements 2023 Form INSTRUCTIONS TO BIDDERS Project # 2022-07A Page 9 determined. END OF INSTRUCTIONS TO BIDDERS PUBLIC WORKS DEPARTMENT Chad Mosley, Director CITY HALL 10300 TORRE AVENUE, CUPERTINO, CA 95014-3266 (408)777-3354 ~ FAX (408) 777-3333 ADDENDUM 1 BLACKBERRY FARM ASA IMPROVEMENTS PROJECT BID OPENING: DECEMBER 12, 2023 2:00 P.M. ISSUED DATE: DECEMBER 11, 2023 The following revisions are hereby made to the above referenced project: 1)Replace existing Bid Schedule with revised Bid Schedule attached to this addendum. The following items have been revised: All questions regarding this project must be transmitted in writing to Jo Anne Johnson, Public Works Project Manager at joannej@cupertino.org. Please indicate receipt of this addendum on the last page of the Proposal. Failure to do so may cause rejection of your bid. APPROVED BY: Reconstruction Catch Basin and Recoating Men's and Women's dressing room floors are excluded from base bid and listed as add alternates. __________________________ Chad Mosley Director of Public Works BID SCHEDULE Blackberry Farm Accessibility Improvements Addendum 1 2023 Form Project # 2022-07A Page 12 Bid Schedule This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs) Base Bid BID ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT 1 Mobilization 1 LS $ $ 2 Pool House Women’s Dressing Room Accessibility Improvements. 1 LS $ $ 3 Pool House Men’s Dressing Room Accessibility Improvements. 1 LS $ $ 4 Modify Roof Beams 2 EA $ $ 5 Floor Slope Repair 3 EA $ $ 6 Accessible Parking Striping and Markings 1 LS $ $ 7 Accessible Parking Signage 1 LS $ $ 8 Install Detectable Warning Surface 1 LS $ $ 9 Replumb Deck Drains from Sanitary Sewer to Storm Drain 1 LS $ $ *Final Pay Quantity TOTAL BASE BID: Items 1 through 9 inclusive: $_____________________________________ Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form. Add Alternate 1 BID ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT A1 Reconstruct Catch Basin 1 EA $ $ TOTAL Add Alt 1: $_____________________________________ BID SCHEDULE Blackberry Farm Accessibility Improvements Addendum 1 2023 Form Project # 2022-07A Page 13 Add Alternate 2 BID ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT A2 Recoat Dressing Room Floors 1 LS $ $ TOTAL Add Alt 2: $_____________________________________ BIDDER NAME: ________________________________________________________________ END OF BID SCHEDULE Addendum 1 BBF ADA Improvements Final Audit Report 2023-12-12 Created:2023-12-12 By:Kimberly Lunt (kiml@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAARw3VlYSgS44EwGDnKP58S_pYkP1s_IEJ "Addendum 1 BBF ADA Improvements" History Document created by Kimberly Lunt (kiml@cupertino.org) 2023-12-12 - 0:23:58 AM GMT- IP address: 64.165.34.3 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2023-12-12 - 0:25:21 AM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2023-12-12 - 0:46:15 AM GMT- IP address: 104.47.73.254 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2023-12-12 - 0:46:35 AM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2023-12-12 - 0:46:35 AM GMT Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 30 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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 31 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 Cupertino 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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 32 Project means the public works project referenced in the Contract, as modified by any Project alternates elected by City, if any. 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. Holidays observed by the City and furlough days are: a. New Year’s Day, January 1; b. Martin Luther King Jr.’s Birthday, third Monday in January; c. Lincoln’s Birthday, February 12; d. Presidents’ Day, third Monday in February; e. Memorial Day, last Monday in May; f. Juneteenth, June 19 g. Independence Day, July 4; h. Labor Day, first Monday in September; Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 33 i. Veterans’ Day, November 11; j. Thanksgiving Day, as designated by the President; k. The Day following Thanksgiving Day; l. Christmas Day, December 25; m. City Closure, December 24, 26, 27,28,29,30 and 31: and each day appointed by the Governor of California and formally recognized by the Santa Clara County Board of Supervisors as a day of mourning, thanksgiving, or special observance. Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging, 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 conclusive within the scope of his or her authority, including interpretation of the Contract Documents. (C) Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the Contractor and will serve as City’s representative for daily administration of the Project on behalf of City. Unless otherwise specified, all of Contractor’s communications to City (in any form) will go to or through the Project Manager. City reserves the right to reassign the Project Manager role at any time or to delegate duties to additional City representatives, without prior notice to or consent of Contractor. (D) Design Professional. The Design Professional is responsible for the overall design of the Project and, to the extent authorized by City, may act on City’s behalf to ensure performance of the Work in compliance with the Plans and Specifications, including any design changes authorized by Change Order. The Design Professional’s duties may include review of Contractor’s submittals, visits to any Worksite, inspecting the Work, evaluating test and inspection results, and participation in Project-related meetings, including any pre-construction conference, weekly meetings, and coordination meetings. The Design Professional’s interpretation of the Plans or Specifications is final and conclusive. 2.2 Contractor. (A) General. Contractor must provide all labor, materials, supplies, equipment, services, and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economical and efficient manner in the best interests of City, and with minimal inconvenience to the public. (B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 34 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 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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 35 photographs at offset trench laterals, existing improvements and utilities, damage and restoration. Contractor will maintain copies of all subcontracts, Project-related correspondence with Subcontractors, and records of meetings with Subcontractors. Upon request by the City, Contractor will permit review of and/or provide copies of any of these construction records. (H) Responsible Party. Contractor is solely responsible to City for the acts or omissions of any Subcontractors, or any other party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of Contractor or the Subcontractors. Upon City’s written request, Contractor must promptly and permanently remove from the Project, at no cost to City, any employee or Subcontractor or employee of a Subcontractor who the Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents. (I) Correction of Defects. Contractor must promptly correct, at Contractor’s sole expense, any Work that is determined by City to be deficient or defective in any way, including workmanship, materials, parts or equipment. Workmanship, materials, parts or equipment that do not conform to the requirements under the Plans, Specifications and every other Contract Document, as determined by City, will be considered defective and subject to rejection. Contractor must also promptly correct, at Contractor’s sole expense, any Work performed beyond the lines and grades shown on the Plans or established by City, and any Extra Work performed without City’s prior written approval. If Contractor fails to correct or to take reasonable steps toward correcting defective Work within five days following notice from City, or within the time specified in City’s notice to correct, City may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Contract Price. If City elects to correct defective Work due to Contractor’s failure or refusal to do so, City or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Worksite on City property, in order to effectuate the correction, at no extra cost to City. Contractor’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances. Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Contractor. This paragraph applies to any defective Work performed by Contractor during the one-year warranty period under Section 11.2. (J) Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos, electronic records, approved samples, and the construction records required pursuant to paragraph (G), above. Project records subject to this provision include complete Project cost records and records relating to preparation of Contractor’s bid, including estimates, take-offs, and price quotes or bids. (1) Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 36 (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 records relating to the Project 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. (B) Contractual Obligations. Contractor must require each Subcontractor to comply with the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, including the generally applicable terms of the Contract Documents, and to likewise bind their subcontractors. Contractor will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for the Project, will be assigned to City. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor. (C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to City, subject to the prior rights of any surety, but only if and to the extent that City accepts, in writing, the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement. (D) Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under Public Contract Code § 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and any increased subcontract cost to perform the Work that was to be performed by the listed Subcontractor. If City determines that a Subcontractor is unacceptable to City based on the Subcontractor’s failure to satisfactorily perform its Work, or for any of the grounds for substitution listed in Public Contract Code § 4107(a), City may request removal of the Subcontractor from the Project. Upon receipt of a written request from City to remove a Subcontractor pursuant to this paragraph, Contractor will immediately remove the Subcontractor from the Project and, at no further cost to City, will either (1) self-perform the remaining Work to the extent that Contractor is duly licensed and qualified to do so, or (2) substitute a Subcontractor that is acceptable to City, in compliance with Public Contract Code § 4107, as applicable. 2.4 Coordination of Work. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 37 (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 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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 38 (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 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, Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 39 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 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; Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 40 (E) Attachment B – Federal Contract Requirements (only if used); (F) Special Conditions; (G) General Conditions; (H) Payment and Performance Bonds; (I) Specifications; (J) Plans; (K) Notice of Potential Award; (L) Notice Inviting Bids; (M) Attachment A – Federal Bidding Requirements (only if used); (N) Instructions to Bidders; (O) Contractor’s Bid Proposal and attachments; (P) the City’s standard specifications, as applicable; and (Q) Any generic documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Caltrans Special Provisions. 3.3 Caltrans Standard Specifications. Any reference to or incorporation of the Standard Specifications of the State of California, Department of Transportation (“Caltrans”), including “Standard Specifications,” “Caltrans Specifications,” “State Specifications,” or “CSS,” means the most current edition of Caltrans’ Standard Specifications, unless otherwise specified (“Caltrans Standard Specifications”), including the most current amendments as of the date that Contractor’s bid was submitted for this Project. The following provisions apply to use of or reference to the Caltrans Standard Specifications or Special Provisions: (A) Limitations. The “General Provisions” of the Caltrans Standard Specifications, i.e., sections 1 through 9, do not apply to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents. (B) Conflicts or Inconsistencies. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications or Special Provisions and a provision of these Contract Documents, as determined by City, the provision in the Contract Documents will govern. (C) Meanings. Terms used in the Caltrans Standard Specifications or Special Provisions are to be interpreted as follows: (1) Any reference to the “Engineer” is deemed to mean the City Engineer. (2) Any reference to the “Special Provisions” is deemed to mean the Special Conditions, unless the Caltrans Special Provisions are expressly included in the Contract Documents listed in Section 2 of the Contract. (3) Any reference to the “Department” or “State” is deemed to mean City. 3.4 For Reference Only. Contractor is responsible for the careful review of any document, study, or report provided by City or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. Contractor is advised that City or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. Any record drawings or similar final or accepted drawings or maps that are not part of the Contract Documents are deemed to be For Reference Only. The provisions of the Contract Documents are not Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 41 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 on the date that bids were due. 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 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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 42 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 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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 43 (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. (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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 44 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. (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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 45 (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 order 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 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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 46 (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. (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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 47 (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; (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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 48 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- 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 Delay or Compensable Delay, as defined above; Contractor has fully Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 49 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. 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 due to Contractor’s Non- Excusable Delay, City will charge Contractor in the amount specified in the Contract for each calendar 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 Delay 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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 50 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. (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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 51 to Contractor’s Extra Work Report(s) based on the Engineer’s records of the Work. When an Extra Work Report(s) is agreed on and signed by both City and Contractor, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day. (D) Minor Changes and RFIs. Minor field changes, including RFI replies from City, that do not affect the Contract Price or Contract Time and that are approved by the Engineer acting within his or her scope of authority, do not require a Change Order. By executing an RFI reply from City, Contractor agrees that it will perform the Work as clarified therein, with no change to the Contract Price or Contract Time. (E) Remedy for Non-Compliance. Contractor’s failure to promptly comply with a City-directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct the cost from the Contract Price. 6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for a change in the Work, compensation for Extra Work, or a change in the Contract Price or Contract Time as a written Change Order request or proposal. (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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 52 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. (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, 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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 53 6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to fully comply with the provisions of this Article. Contractor will not be paid for unauthorized Extra Work. Article 7 - General Construction Provisions 7.1 Permits, Fees, Business License, and Taxes. (A) Permits, Fees, and City Business License. Contractor must obtain and pay for all permits, fees, or licenses required to perform the Work, including a City business license. Contractor must cooperate with and provide notifications to all government agencies with jurisdiction over the Project, as may be required. Contractor must provide City with copies of all records of permits and permit applications, payment of required fees, and any licenses required for the Work. (B) Taxes. Contractor must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax. 7.2 Temporary Facilities. Contractor must provide, at Contractor’s sole expense, any and all temporary facilities for the Project, including an onsite staging area for materials and equipment, a field office, sanitary facilities, utilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any incidental utility services. The location of all temporary facilities must be 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 Worksites, licenses, easements, and temporary facilities necessary to access and perform the Work. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 54 (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 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 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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 55 (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. (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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 56 (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 or service that is used solely for the purpose of describing the type of item or service 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 or service in every aspect of design, function, and quality, as determined by City, including 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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 57 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 at all locations during construction and/or fabrication, including at any Worksite, shops, and yards. 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. (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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 58 (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 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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 59 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 deduct the cost 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. (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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 60 (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 assessed liquidated damages for delay in completion of the Work, to the extent the delay was caused by City’s failure to provide for removal or relocation of the utility facilities. 7.13 Notice of Excavation. Contractor must comply with all applicable requirements in Government Code §§ 4216 through 4216.5, which are incorporated by reference herein. Government Code § 4216.2 requires that, except in an emergency, Contractor must contact the appropriate regional notification center, or Underground Services Alert, at least two working days, but not more than 14 calendar days, before starting any excavation if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations. Contractor may not begin excavation until it has obtained and submitted to Engineer an inquiry identification number from Underground Services Alert. 7.14 Trenching and Excavations of Four Feet or More. As required by Public Contract Code § 7104, if the Work includes digging trenches or other excavations that extend deeper than four feet below the surface, the provisions in this Section apply to the Work and the Project. (A) Duty to Notify. Contractor must promptly, and before the following conditions are disturbed, provide written notice to City if Contractor finds any of the following conditions: (1) Material that Contractor believes may be a hazardous waste, as defined in § 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing Laws; (2) Subsurface or latent physical conditions at the Project site differing from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids; or (3) Unknown physical conditions at the Project site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 61 (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, 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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 62 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 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 may be accessed online at: https://www.conservation.ca.gov/smgb/Pages/AB- 3098-List.aspx. 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, Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 63 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. 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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 64 (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 cost to correct unsatisfactory Work or diminution in value. (I) For fines, payments, or penalties assessed under the Labor Code, City may deduct from payments due to Contractor as required by Laws and as directed by the Division of Labor Standards Enforcement. (J) For any other costs or charges that may be withheld or deducted from payments to Contractor, as provided in the Contract Documents, including liquidated damages, City may withhold or deduct such amounts from payment otherwise due to Contractor. 8.4 Early Occupancy. Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work. 8.5 Retention. City will retain five percent of the full amount due on each progress payment (i.e., the amount due before any withholding or deductions pursuant to Section 8.3, Adjustment of 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. 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 (g) 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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 65 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. 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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 66 (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. 9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code §§ 1720, 1720.3, 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 thereof, 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 §§ 1771.4, 1776, and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for monthly 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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 67 (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 thereof, 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. 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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 68 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. (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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 69 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 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, Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 70 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. (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. (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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 71 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 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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 72 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, separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim: a. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position; b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, RFIs, calculations, and schedule analysis (see subsection (A), Substantiation, above); c. A chronology of relevant events; and d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested. (4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, Contractor must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts. (5) Include the following certification, executed by Contractor’s authorized representative: “The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. Contractor warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived.” Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 73 (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 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 notify City of the dispute and demand an informal conference to meet and confer 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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 74 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 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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 75 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 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. Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 76 (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. (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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 77 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 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 demobilization costs 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 Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 78 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). (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 with 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, Blackberry Farm Accessibility Improvements 2023 Form GENERAL CONDITIONS Project # 2022-07A Page 79 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, 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 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 Blackberry Farm Accessibility Improvements 2023 Form SPECIAL CONDITIONS Project # 2022-07A Page 80 Special Conditions 1. Construction and Demolition Debris Management Plan A completed construction and demolition (C&D) Debris Management Plan must be submitted using the City’s Green Halo on-line application. All debris disposal and recycling from the construction project must be tracked throughout the duration of the project. The contractor must use Green Halo cupertino.wastetracking.com to create their Plan and to submit all construction waste generation tonnage information. No additional compensation will be paid for implementation of the Debris Management Plan and failure to meet all plan requirements may result in work stoppage, fines, and/or backcharges. For additional information, visit www.cupertino.org/greendev 2. Authorized Work Days and Hours. 2.1 Authorized Work Days. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project on the following days of the week, excluding holidays observed by City: Monday - Friday 2.2 Authorized Work Hours. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project during the following hours: 8:00 AM – 5:00 PM 3. Pre-Construction Conference. City will designate a date and time for a pre- construction conference with Contractor following Contract execution. Project administration procedures and coordination between City and Contractor will be discussed, and Contractor must present City with the following information or documents at the meeting for City’s review and acceptance before the Work commences: 3.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent; 3.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours; 3.3 Staging plans that identify the sequence of the Work, including any phases and alternative sequences or phases, with the goal of minimizing the impacts on residents, businesses and other operations in the Project vicinity; 3.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer; 3.5 Draft baseline schedule for the Work as required under Section 5.2, to be finalized within ten days after City issues the Notice to Proceed; 3.6 Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to Contractor; 3.7 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers; Blackberry Farm Accessibility Improvements 2023 Form SPECIAL CONDITIONS Project # 2022-07A Page 81 3.8 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements; 3.9 Videotape and photographs recording the conditions throughout the pre- construction Project site, showing the existing improvements and current condition of the curbs, gutters, sidewalks, signs, landscaping, streetlights, structures near the Project such as building faces, canopies, shades and fences, and any other features within the Project area limits; 3.10 If requested by City, Contractor’s cash flow projections; and 3.11 Any other documents specified in the Special Conditions or Notice of Potential Award. END OF SPECIAL CONDITIONS Blackberry Farm Accessibility Improvements 2023 Form Project # 2022-07A Page 82 TECHNICAL SPECIFICATIONS BLACKBERRY FARMS POOL IMPROVEMENTS PROJECT NO. 2022-07A DEFINITION OF BID ITEMS Bid Item #1: Bonding and Mobilization The contract lump sum price paid for bonding and mobilization shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in bonding and mobilization, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Bid Item #2: Pool House Women’s Dressing Room Accessibility Improvements The contract paid shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in the alterations and corrective measures for accessibility code compliance, complete in place, as shown on the plans, and as directed by the Engineer. Bid Item #3: Pool House Men’s Dressing Room Accessibility Improvements The contract paid shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in the alterations and corrective measures for accessibility code compliance, complete in place, as shown on the plans, and as directed by the Engineer. Bid Item #4: Modify Roof Beams The contract price paid shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in modification to existing roof beams, complete in place, as shown on the plans, and as directed by the Engineer. Bid Item #5: Floor Slope Repair The contract price paid shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in demolition of portions of existing concrete floor slabs, and installation of new concrete floor slab at accessibility code compliant slopes. Bid Item #6: Accessible Parking Stalls Striping and Marking The contract price paid shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in header board, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Bid Item #7: Accessible Parking Signage The contract price paid shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in the installation of required accessible parking signage, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Bid Item #8: Install Detectable Warning Surfaces The contract price paid shall include full compensation for furnishing all labor, materials, Blackberry Farm Accessibility Improvements 2023 Form Project # 2022-07A Page 83 tools, equipment, and incidentals and for doing all work involved in the installation of detectable warning surfaces, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Bid Item #9: Replumb Deck Drains from Sanitary Sewer to Storm Drain The contract price paid shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in the disconnection of the existing pool deck drainage plumbing from the sanitary sewer and installation of new storm drain piping, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Bid Item #A1: Reconstruct Catch Basin Reconstruct catch basin per City Standard Detail 3-4. Bid Item #A2: Recoat Dressing Room Floors. Item includes removal of existing floor coating, patching cracks and divots using a urethane cement patching compound, Installation of Sika’s 264 high resin epoxy and flakes (or approved equal), sanding and buffing of high points and installation of Sika’s 511 UV staple epoxy final coat (or approved equal). Final finish shall be non-skid. All work shall be performed per manufacturer’s specifications. BLACKBERRY FARMS POOL IMPROVEMENTS NOVEMBER 4, 2022 AQUATIC FACILITY RENOVATION BE206069 SPECIFICATION SECTIONS INDEX PERFORMANCE SPECIFICATIONS DIVISION 03 CONCRETE Section 03 30 00 Cast-In-Place Concrete DIVISION 09 FINISHES Section 09 28 13 Cementitious Backer Board Section 09 29 00 Gypsum Wall Board Section 09 30 19 Ceramic Tile Section 09 90 00 Painting DIVISION 10 SPECIALTIES Section 10 14 00 Signage Section 10 28 13.13 Commercial Toilet Accessories DIVISION 22 PLUMBING Section 22 07 19 Plumbing Insulation DIVISION 32 EXTERIOR IMPROVEMENTS Section 32 13 14 Pervious Concrete Paving Section 32 17 23 Pavement Markings Section 32 17 26 Tactile Warning Surfacing TABLE OF CONTENTS © 2022 TERRACON Page 1 of 1 BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CAST-IN-PLACE CONCRETE FOR STRUCTURES © 2022 TERRACON 03 30 00 Page 1 of 10 SECTION 03 30 00 - CAST-IN-PLACE CONCRETE FOR STRUCTURES PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract Documents, including General and Special Conditions apply to this Section. 1.02 SUMMARY A. This Section specifies cast-in place concrete, including formwork, reinforcement, concrete materials, mixture design, placement procedures, and finishes, for the following: 1. Footings. 2. Slabs-on-grade. 3. Site retaining walls. B. This Section DOES NOT specify concrete for use in the pool deck, pool shell, site flatwork, paving, etc. 1.03 WORK INCLUDED A. Design, fabrication, erection, and stripping of formwork for cast-in-place concrete including shoring, re- shoring, falsework, bracing, proprietary forming systems, prefabricated forms, bulkheads, keys, block outs, sleeves, pockets, and accessories. Erection shall include installation in formwork of items furnished by other trades. B. Furnish all labor and materials required to fabricate, deliver, and install reinforcement and embedded metal assemblies for cast-in-place concrete, including steel bars, welded steel wire fabric, ties and supports. 1. Furnish all labor and materials required to perform the following: a. Cast-in-place concrete b. Concrete mix designs 1.04 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of the following: blended hydraulic cement, fly ash and other pozzolans, ground granulated blast-furnace slag, and silica fume; subject to compliance with requirements. 1.05 ACTION SUBMITTALS A. Product Data: For each type of product indicated. B. Design Mixtures: For each concrete mixture submit proposed mix designs in accordance with ACI 318 and ACI 301. Each proposed mix design shall be accompanied by a record of past performance. 1. Submit alternate design mixtures when characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments. 2. Indicate amounts of mixing water to be withheld for later addition at Project site. C. Steel Reinforcement Shop Drawings: Placing drawings that detail fabrication, bending, and placement. Include bar sizes, lengths, material, grade, bar schedules, stirrup spacing, bent bar diagrams, bar arrangement, splices and laps, mechanical connections, tie spacing, hoop spacing, and supports for concrete reinforcement. 1. Do not reproduce the structural drawings for use as shop drawings. 2. Embedded metal assemblies: Submit shop drawings for fabrication and placement. Use standard AWS welding symbols. D. Construction Joint Layout: Submit a diagram of proposed construction joint locations for horizontal framing that exceed the limits of a single placement as stated in the structural notes, other than those indicated on the Drawings. E. Submit manufacturer's certification of maximum chloride ion content in admixtures. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CAST-IN-PLACE CONCRETE FOR STRUCTURES © 2022 TERRACON 03 30 00 Page 2 of 10 1.06 INFORMATION SUBMITTALS A. Steel Reinforcement Submittals for Information: Mill test certificates of supplied concrete reinforcing, indicating physical and chemical analysis. B. Material Certificates / Test Reports: For each of the following, signed by manufacturers: 1. Curing compounds 2. Floor slab treatments C. Minutes of pre-installation conference. 1.07 QUALITY ASSURANCE A. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products and that complies with ASTM C 94 requirements for production facilities and equipment. B. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant, obtain aggregate from one source, and obtain admixtures through one source from a single manufacturer. C. ACI Publications: Comply with the following unless modified by requirements in the Contract Documents: 1. ACI 301, "Specification for Structural Concrete," Sections 1 through 5. 2. ACI 117, "Specifications for Tolerances for Concrete Construction and Materials." D. Concrete Testing Service: Owner will engage a qualified independent testing agency to perform material evaluation tests. E. Pre-Installation Conference: Conduct conference at Project site to comply with requirements in Division 1 Section “Project Management.” 1. Review special inspection and testing and inspecting agency procedures for field quality control, concrete finishes and finishing, cold- and hot-weather concreting procedures, curing procedures, construction contraction and isolation joints, and joint-filler strips, semirigid joint fillers, forms and form removal limitations, shoring and reshoring procedures, vapor-retarder installation, anchor rod and anchorage device installation tolerances, steel reinforcement installation, floor and slab flatness and levelness requirements, concrete repair procedures, and concrete protection. 1.08 DELIVERY, STORAGE, AND HANDLING A. Steel Reinforcement: Deliver, store, and handle steel reinforcement to prevent bending and damage. B. Store all proprietary materials in accordance with manufacturer’s recommendations. PART 2 - PRODUCTS 2.01 FORM-FACING MATERIALS A. Smooth-Formed Finished Concrete: Form-facing panels that will provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints. 1. Plywood, metal, or other approved panel matferials. B. Rough-Formed Finished Concrete: Plywood, lumber, metal, or another approved material. Provide lumber dressed on at least two edges and one side for tight fit. C. Chamfer Strips: Wood, metal, PVC, or rubber strips, 3/4 by 3/4 inch, minimum. D. Form-Release Agent: Commercially formulated form-release agent that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 1. Formulate form-release agent with rust inhibitor for steel form-facing materials. E. Form Ties: Factory fabricated, removable or snap-off metal of glass-fiber reinforced plastic form ties designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete upon removal. 1. Furnish units that will leave no corrodible metal closer than 1 inch to the plane of the exposed con- crete surface. 2. Furnish ties that, when removed, will leave holes no larger than 1 inch in diameter in concrete sur- face. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CAST-IN-PLACE CONCRETE FOR STRUCTURES © 2022 TERRACON 03 30 00 Page 3 of 10 F. Form Ties for Exposed Finishes: Water seal coil type internally disconnecting ties with tapered plastic cone spreader designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete on removal. Plugs to fill tie cone to be in plastic or mortar to match surrounding concrete. Plugs to be recessed 1/4 inch from surface of finished concrete. 1. Furnish units that will leave no corrodible metal closer than 1 inch to the plane of exposed concrete surface. 2. Furnish ties that, when removed, will leave holes no larger than 1 inch in diameter in concrete sur- face. 2.02 STEEL REINFORCEMENT A. Reinforcing Bars: ASTM A 615, Grade 60, deformed. B. Welded Reinforcing Bars: ASTM A706, Grade 60, deformed 2.03 REINFORCEMENT ACCESSORIES A. Joint Dowel Bars: ASTM A 615, Grade 60, plain-steel bars, cut bars true to length with ends square and free of burrs. B. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire reinforcement in place. Manufacture bar supports from steel wire, plastic, or precast concrete according to CRSI's "Manual of Standard Practice," of greater compressive strength than concrete and as follows: 1. For concrete surfaces exposed to view where legs of wire bar supports contact forms, use CRSI Class 1 plastic protected steel wire or CRSI Class 2 stainless steel bar supports. 2. For slabs on grade and slabs on void forms, provide sand plates, horizontal runners, or precast con- crete blocks on bottom where base material will not support chair legs or where vapor barrier has been specified. 2.04 CONCRETE MATERIALS A. Cementitious Material: Use the following cementitious materials, of the same type, brand, and source, throughout Project: 1. Portland Cement: ASTM C 150, Type I/II, gray. Supplement with the following: a. Fly Ash: ASTM C 618, Class F or C. B. Normal-Weight Aggregates: ASTM C 33, Class 3M coarse aggregate or better, graded. Provide aggregates from a single source. 1. Maximum Coarse-Aggregate Size: As indicated on drawings. C. Water: ASTM C1602. 2.05 ADMIXTURES A. Chemical Admixtures: Provide admixtures certified by manufacturer to be compatible with other admixtures and that will not contribute water-soluble chloride ions exceeding those permitted in hardened concrete. Do not use calcium chloride or admixtures containing calcium chloride. 1. Water-Reducing Admixture: ASTM C 494, Type A. 2. High-Range, Water-Reducing Admixture: ASTM C 494, Type F. 2.06 VAPOR RETARDERS A. Plastic Vapor Retarder: ASTM E 1745, Class A. Include manufacturer's recommended adhesive or pressure-sensitive tape. Installation shall be in accordance with ASTM E 1643 and manufacturer’s instructions. 1. Membrane shall have the thickness as indicated on the Structural Drawings. B. Granular Fill: As indicated in the Structural Drawings. 2.07 CURING MATERIALS A. Evaporation Retarder: Waterborne, monomolecular film forming, manufactured for application to fresh concrete. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CAST-IN-PLACE CONCRETE FOR STRUCTURES © 2022 TERRACON 03 30 00 Page 4 of 10 B. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing approximately 9 oz./sq. yd. when dry. C. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene sheet. D. Water: ASTM C1602. E. Clear, Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class B, dissipating. 2.08 CONCRETE MIXTURES, GENERAL A. Proportion normal-weight concrete mixture as indicated on drawings. B. Prepare design mixtures for each type and strength of concrete, proportioned on the basis of laboratory trial mixture or field test data, or both, according to ACI 301. 1. Use a qualified independent testing agency for preparing and reporting proposed mixture designs based on laboratory trial mixtures. 2. Required average strength above specified strength: a. Based on a record of past performance: Determination of required average strength above specified strength shall be based on the standard deviation record of the results of at least 30 consecutive strength tests in accordance with ACI 318. b. Based on laboratory trial mixtures: Proportions shall be selected on the basis of laboratory trial batches prepared in accordance with ACI 318, to produce an average strength greater than the specified strength f'c by the amount defined in ACI 318. 1) Proportions of ingredients for concrete mixes shall be determined by an independent testing laboratory or qualified concrete supplier. 2) For each proposed mixture, at least three compressive test cylinders shall be made and tested for strength at the specified age. Additional cylinders may be made for testing for information at earlier ages. C. Cementitious Materials: Limit percentage, by weight, of cementitious materials other than Portland cement in concrete as indicated in the Structural Drawings: 2.09 CONCRETE MIXTURES FOR BUILDING ELEMENTS A. Proportion normal weight concrete mixture as indicated on drawings. 2.10 FABRICATING REINFORCEMENT A. Fabricate steel reinforcement according to CRSI's "Manual of Standard Practice." 2.11 CONCRETE MIXING A. Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94, and furnish batch ticket information. 1. When air temperature is between 85 and 95 deg F, reduce mixing and delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 95 deg F, reduce mixing and delivery time to 60 minutes. PART 3 - EXECUTION 3.01 FORMWORK A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until structure can support such loads. B. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated, within tolerance limits of ACI 117. C. Limit concrete surface irregularities, designated by ACI 347R as abrupt or gradual, as follows: 1. Class A, 1/8 inch for smooth formed finish surfaces. 2. Class B, 1/4 inch for rough formed finish surfaces. D. Construct forms tight enough to prevent loss of concrete mortar. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CAST-IN-PLACE CONCRETE FOR STRUCTURES © 2022 TERRACON 03 30 00 Page 5 of 10 E. Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces steeper than 1.5 horizontal to 1 vertical. 1. Install keyways, reglets, recesses, and the like, for easy removal. 2. Do not use rust-stained steel form-facing material. F. Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and slopes in finished concrete surfaces. Provide and secure units to support screed strips; use strike-off templates or compacting-type screeds. G. Forms for Exposed Concrete: 1. Drill forms from the contact face to the outside to suit form ties used. Do not splinter forms by driv- ing ties through improperly prepared holes. 2. Provide sharp, clean corners at intersecting planes without visible edges or offsets. Back joints with extra studs or girts if required to maintain corners. 3. Provide extra studs, girts, walers, and bracing to prevent bowing of forms. 4. Form shapes, recesses, and projections with smooth finish materials, and install in forms with sealed joints. 5. Locate form ties in level horizontal rows, plumbed vertically, and in symmetrical arrangements, un- less noted otherwise. H. Foundation Elements: The sides of all below grade portions of beams, pier caps, walls, and columns shall be formed straight and to the lines and grades specified. I. Provide temporary openings for cleanouts and inspection ports where interior area of formwork is inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations. J. Chamfer exterior corners and edges of permanently exposed concrete. K. Form openings, chases, offsets, sinkages, keyways, reglets, blocking, screeds, and bulkheads required in the Work. Determine sizes and locations from trades providing such items. L. Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris just before placing concrete. M. Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment. N. Coat contact surfaces of forms with form-release agent, according to manufacturer's written instructions, before placing reinforcement, anchoring devices, and embedded items. 1. Do not apply form release agent where concrete surfaces are scheduled to receive subsequent fin- ishes which may be affected by agent. Soak contact surfaces of untreated forms with clean water. Keep surfaces wet prior to placing concrete. 3.02 EMBEDDED ITEMS A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast-in-place concrete. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. 1. Install anchor rods, accurately located, to elevations required and complying with tolerances in AISC's "Code of Standard Practice for Steel Buildings and Bridges." 3.03 REMOVING AND REUSING FORMS A. General: Formwork for sides of beams, walls, columns, and similar parts of the Work that does not support weight of concrete may be removed after cumulatively curing at not less than 50 deg F for 24 hours after placing concrete, if concrete is hard enough to not be damaged by form-removal operations and curing and protection operations are maintained. 1. Minimum cumulative curing times may be reduced by the use of high-early strength cement or form- ing systems which allow form removal without disturbing shores, but only after the Contractor has demonstrated to the satisfaction of the Architect that the early removal of forms will not cause ex- cessive sag, distortion or damage to the concrete elements. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CAST-IN-PLACE CONCRETE FOR STRUCTURES © 2022 TERRACON 03 30 00 Page 6 of 10 2. Wood forms shall be completely removed. Provide temporary openings if required. 3. Provide adequate methods of curing and thermal protection of exposed concrete if forms are re- moved prior to completion of specified curing time. 4. Obtaining concrete compressive strength tests for the purposes of form removal shall be the re- sponsibility and cost of the Contractor. 5. Remove forms only if shores have been arranged to permit removal of forms without loosening or disturbing shores. B. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or otherwise damaged form-facing material will not be acceptable for exposed surfaces. Apply new form-release agent. C. When forms are reused, clean surfaces, remove fins and laitance, and tighten to close joints. Align and secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Architect. 3.04 VAPOR RETARDERS A. Plastic Vapor Retarders: Place, protect, and repair vapor retarders according to ASTM E 1643 and manufacturer's written instructions. 1. Lap joints 6 inches and seal with manufacturer's recommended tape. B. Granular Course: Cover vapor retarder with granular fill, moisten, and compact with mechanical equipment to elevation tolerances of plus 0 inch or minus 3/4 inch. 3.05 STEEL REINFORCEMENT A. General: Comply with CRSI's "Manual of Standard Practice" for placing reinforcement. 1. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete. B. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials that would reduce bond to concrete. C. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars. D. Installation tolerances: Per ACI 117. E. Concrete Cover: Refer to the Structural Notes. F. Splices: Provide standard reinforcement splices by lapping and tying ends. Comply with ACI 318 for minimum lap of spliced bars where not specified on the documents. No. 14 and 18 bars shall not be lap spliced. G. Set wire ties with ends directed into concrete, not toward exposed concrete surfaces. 3.06 JOINTS A. General: Construct joints true to line with faces perpendicular to surface plane of concrete. B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Architect. 1. Place joints perpendicular to main reinforcement. Continue reinforcement across construction joints, unless otherwise indicated. Do not continue reinforcement through sides of strip placements of floors and slabs. 2. Form keyed joints as indicated. Embed keys at least 1-1/2 inches into concrete. 3. Locate horizontal joints in walls and columns at underside of floors, slabs, beams, and girders and at the top of footings or floor slabs. 4. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hard- ened concrete surfaces. C. Contraction Joints in Slabs-on-Grade: Form weakened-plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one-fourth of concrete thickness as follows: BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CAST-IN-PLACE CONCRETE FOR STRUCTURES © 2022 TERRACON 03 30 00 Page 7 of 10 1. Grooved Joints: Form contraction joints after initial floating by grooving and finishing each edge of joint to a radius of 1/8 inch. Repeat grooving of contraction joints after applying surface finishes. Eliminate groover tool marks on concrete surfaces. 2. Sawed Joints: Form contraction joints with power saws equipped with shatterproof abrasive or dia- mond-rimmed blades. Cut 1/8-inch- wide joints into concrete when cutting action will not tear, abrade, or otherwise damage surface and before concrete develops random contraction cracks. D. Doweled Joints: Install dowel bars and support assemblies at joints where indicated. Lubricate or asphalt coat one-half of dowel length to prevent concrete bonding to one side of joint. 3.07 CONCRETE PLACEMENT A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed. B. Do not add water to concrete during delivery, at Project site, or during placement unless approved by Architect. 1. Water may be added to the concrete at the project site only if specifically withheld at the time of batching and specifically noted on the batch ticket. C. Deposit concrete continuously in one layer or in horizontal layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as indicated. Deposit concrete to avoid segregation. 1. Deposit concrete in horizontal layers of depth to not exceed formwork design pressures and in a manner to avoid inclined construction joints. 2. Consolidate placed concrete with mechanical vibrating equipment according to ACI 301. 3. Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators vertically at uniformly spaced locations to rapidly penetrate placed layer and at least 6 inches into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mixture constituents to segregate. 4. Do not permit concrete to drop freely any distance greater than 20'-0" for concrete containing a high range water reducing admixture (superplasticizer) or 5'-0" for other concrete. Provide chute or trem- ie to place concrete where longer drops are necessary. Do not place concrete into excavations with standing water. If place of deposit cannot be pumped dry, pour concrete through a tremie with its outlet near the bottom of the place of deposit. 5. Pump priming grout shall be discarded and not used in the structure. D. Deposit and consolidate concrete for floors and slabs in a continuous operation, within limits of construction joints, until placement of a panel or section is complete. 1. Consolidate concrete during placement operations so concrete is thoroughly worked around rein- forcement and other embedded items and into corners. 2. Maintain reinforcement in position on chairs during concrete placement. 3. Screed slab surfaces with a straightedge and strike off to correct elevations. 4. Slope surfaces uniformly to drains where required. 5. Begin initial floating using bull floats or darbies to form a uniform and open-textured surface plane, before excess bleed water appears on the surface. Do not further disturb slab surfaces before start- ing finishing operations. E. Cold-Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. 1. When average high and low temperature is expected to fall below 40 deg F for three successive days, maintain delivered concrete mixture temperature within the temperature range required by ACI 301. 2. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CAST-IN-PLACE CONCRETE FOR STRUCTURES © 2022 TERRACON 03 30 00 Page 8 of 10 3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accel- erators unless otherwise specified and approved in mixture designs. F. Hot-Weather Placement: Comply with ACI 305.1 and as follows: 1. Maintain concrete temperature below 95 deg F at time of placement. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. 2. Fog-spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade uniformly moist without standing water, soft spots, or dry areas. 3.08 FINISHING FORMED SURFACES A. Rough-Formed Finish: As-cast concrete texture imparted by form-facing material with tie holes and defects repaired and patched. Remove fins and other projections that exceed specified limits on formed- surface irregularities. 1. Apply to concrete surfaces not exposed to public view. B. Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch tie holes and defects. Remove fins and other projections that exceed specified limits on formed-surface irregularities. 1. Apply to concrete surfaces exposed to public view C. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise indicated. 3.09 MISCELLANEOUS CONCRETE ITEMS A. Filling In: Fill in holes and openings left in concrete structures, unless otherwise indicated, after work of other trades is in place. Mix, place, and cure concrete, as specified, to blend with in-place construction. Provide other miscellaneous concrete filling indicated or required to complete the Work. B. Equipment Bases and Foundations: Provide machine and equipment bases and foundations as shown on Drawings. Set anchor bolts for machines and equipment at correct elevations, complying with diagrams or templates from manufacturer furnishing machines and equipment. 3.10 CONCRETE PROTECTING AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection and ACI 305.1 for hot-weather protection during curing. B. Evaporation Retarder: Apply evaporation retarder to unformed concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. C. Formed Surfaces: Cure formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces. If forms remain during curing period, moist cure after loosening forms. If removing forms before end of curing period, continue curing for the remainder of the curing period. D. Unformed Surfaces: Begin curing immediately after finishing concrete. Cure unformed surfaces, including floors and slabs, concrete floor toppings, and other surfaces. E. Cure concrete according to ACI 308.1, by one or a combination of the following methods: 1. Moisture Curing: Keep surfaces continuously moist for not less than seven days with the following materials: a. Water. b. Continuous water-fog spray. c. Absorptive cover, water saturated, and kept continuously wet. Cover concrete surfaces and edges with 12-inch lap over adjacent absorptive covers. 2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches, and sealed by waterproof tape or adhesive. Cure for not less than seven days. Immediately repair any BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CAST-IN-PLACE CONCRETE FOR STRUCTURES © 2022 TERRACON 03 30 00 Page 9 of 10 holes or tears during curing period using cover material and waterproof tape. a. Moisture cure or use moisture-retaining covers to cure concrete surfaces to receive floor coverings. b. Moisture cure or use moisture-retaining covers to cure concrete surfaces to receive penetrating liquid floor treatments. c. Cure concrete surfaces to receive floor coverings with either a moisture-retaining cover or a curing compound that the manufacturer certifies will not interfere with bonding of floor covering used on Project. 3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Maintain continuity of coating and repair damage during curing period. 3.11 CONCRETE SURFACE REPAIRS A. Surface Defects in Concrete: Repair and patch defective areas when approved by Engineer. Remove and replace concrete that cannot be repaired and patched to Owner's approval. B. Contractor shall submit a detailed, descriptive procedure listing proposed pre-packaged repair materials and methods for the repair of surface defects prior to the start of repair work. 3.12 STRUCTURAL REPAIRS A. Structurally Defective Concrete: Structural defects include spalls, honeycombs or rock pockets with exposed reinforcement, hollow-sounding concrete, cracks that penetrate to the reinforcement or completely through concrete elements, inadequate cover over reinforcement, and other conditions that affect the structural performance or durability of the concrete as determined by the Engineer. B. Repair structural defects in concrete in accordance with plans, specifications, details, etc. provided by the Engineer. The cost of the additional services provided by the Engineer to prepare the repair documents, and to oversee the repair work shall be borne by the Contractor. C. Unapproved and defective repairs shall be removed and replaced in accordance with requirements provided by the Engineer at no additional cost to the Owner. 3.13 CLEANUP A. Imperfect or damaged work or any material damaged or determined to be defective before final completion and acceptance of the entire job shall be satisfactorily replaced at the Contractor's expense, and in conformity with all of the requirements of the Drawings and Specifications. Removal and replacement of concrete work shall be done in such manner as not to impair the appearance or strength of the structure in any way. B. Cleaning: Upon completion of the work all forms, equipment, protective coverings and any rubbish resulting therefrom shall be removed from the site. After sweeping floors, wash floors with clean water. Finished concrete surfaces shall be left in a clean condition, satisfactory to the Owner. 3.14 FIELD QUALITY CONTROL A. Testing and Inspecting: Owner will engage a special inspector and qualified testing and inspecting agency to perform field tests and inspections and prepare test reports. B. Inspections may include: 1. Steel reinforcement placement. 2. Verification of use of required design mixture. 3. Concrete placement, including conveying and depositing. 4. Curing procedures and maintenance of curing temperature. C. Concrete Tests: Testing of composite samples of fresh concrete obtained according to ASTM C 172 shall be performed according to the following requirements: 1. Testing Frequency: Obtain one composite sample for each day's pour of each concrete mixture ex- ceeding 5 cu. yd., but less than 25 cu. yd., plus one set for each additional 50 cu. yd. or fraction thereof. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CAST-IN-PLACE CONCRETE FOR STRUCTURES © 2022 TERRACON 03 30 00 Page 10 of 10 a. When frequency of testing will provide fewer than five compressive-strength tests for each concrete mixture, testing shall be conducted from at least five randomly selected batches or from each batch if fewer than five are used. 2. Slump: ASTM C 143; one test at point of placement for each composite sample, but not less than one test for each day's pour of each concrete mixture. Perform additional tests when concrete con- sistency appears to change. 3. Air Content: ASTM C 231, pressure method, for normal-weight concrete; one test for each compo- site sample, but not less than one test for each day's pour of each concrete mixture. 4. Concrete Temperature: ASTM C 1064; one test hourly when air temperature is 40 deg F and below and when 80 deg F and above, and one test for each composite sample. 5. Compression Test Specimens: ASTM C 31. a. Cast and laboratory cure four cylinders for each composite sample. 1) Do not transport field-cast cylinders until they have cured for a minimum of 24 hours. 6. Compressive-Strength Tests: ASTM C 39. a. Test one cylinder at 7 days b. Test two cylinders at 28 days c. Test one cylinder at 56 days d. If 4” by 8” cylinders are used, provide 1 additional cylinder at each stage 7. Strength of each concrete mixture will be satisfactory if every average of any three consecutive compressive-strength tests equals or exceeds specified compressive strength and no compressive- strength test value falls below specified compressive strength by more than 500 psi. 8. Test results shall be reported in writing to Architect, concrete manufacturer, and Contractor within 48 hours of testing. Reports of compressive-strength tests shall contain Project identification name and number, date of concrete placement, name of concrete testing and inspecting agency, location of concrete batch in Work, design compressive strength at 28 days, concrete mixture proportions and materials, compressive breaking strength, and type of break for both 7- and 28-day tests. 9. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permit- ted by Architect but will not be used as sole basis for approval or rejection of concrete. 10. Additional Tests: Testing and inspecting agency shall make additional tests of concrete when test results indicate that slump, air entrainment, compressive strengths, or other requirements have not been met, as directed by Architect. Testing and inspecting agency may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42 or by other methods as di- rected by Architect. a. When the strength level of the concrete for any portion of the structure, as indicated by cylinder tests, falls below the specified requirements, the Contractor shall provide improved curing conditions and/or adjustments to the mix design as required to obtain the required strength. If the average strength of the laboratory control cylinders falls so low as to be deemed unacceptable, the Contractor shall follow the core test procedure set forth in ACI 301. Locations of core tests shall be approved by the Architect. Core sampling and testing shall be at Contractors expense. b. If the results of the core tests indicate that the strength of the structure is inadequate, any replacement, load testing, or strengthening as may be ordered by the Architect shall be provided by the Contractor without cost to the Owner. 11. Additional testing and inspecting, at Contractor's expense, will be performed to determine compli- ance of replaced or additional work with specified requirements. 12. Correct deficiencies in the Work that test reports and inspections indicate does not comply with the Contract Documents. END OF SECTION 03 30 00 BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CEMENTITIOUS BACKER BOARDS © 2022 TERRACON 09 28 13 Page 1 of 3 SECTION 09 28 13 - CEMENTITIOUS BACKER BOARDS PART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Underlayment for interior and exterior applications. 1.2 RELATED SECTIONS A. Section 09 30 19 Ceramic Tile. 1.3 REFERENCES A. ASTM International 1. C947 Standard Test Method for Flexural Properties of Thin-Section Glass-Fiber-Reinforced Concrete. 2. C1325 Standard for Non-Asbestos Fiber-Mat Reinforced Cementitious Backer Units. 3. C1629 - Standard Classification for Abuse-Resistant Non-decorated Interior Gypsum Panel Products and Fiber-Reinforced Cement Panels. B. Tile Council of North America 1. TCNA Handbook. 1.4 SUBMITTALS A. Manufacturer's data: 1. Each product to be installed. 2. Accessory data. 3. Installation requirements. 1.5 QUALITY ASSURANCE A. Manufacturer Qualifications: Ten (10) years manufacturing moisture resistant backer boards. B. Installer Qualifications: Five (5) years commercial tile or drywall installation experience. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver, store and handle product following manufacturer instructions. B. Store indoors in manufacturer's packaging and protect from damage prior to installation. C. Inspect panels for damage and notify manufacturer of materials requiring replacement. 1.7 PROJECT CONDITIONS A. Weatherproof and enclose building to maintain a minimum of 60 degrees F (15 degrees C) and 60% relative humidity. 1.8 WARRANTY A. Provide manufacturer's repair/replacement warranty. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CEMENTITIOUS BACKER BOARDS © 2022 TERRACON 09 28 13 Page 2 of 3 PART 2 PRODUCTS 2.1 MATERIALS A. High density waterproof, moisture and mold resistant Backer Board 1. Base: Reinforced cementitious board. 2. Thickness: 1/2 inch. 3. Width: 3 feet (914 mm). 4. Length: +5 feet (1524 mm). 5. Edges: Wrapped and tapered. 6. Density: 88 lb. per cubic foot. 7. ASTM C1325: Type A and B. 2.2 ACCESSORIES A. Fasteners 1. Manufacturer’s recommended corrosion resistant screws. B. Sealant/Adhesive: 1. Manufacturer’s recommended SIKA Flex 11 FC one part advanced polyurethane elastomeric sealant/adhesive. C. Liquid Waterproofing: 1. Manufacturers Water Armor AWB VOC compliant, 100% acrylic air and water barrier for interior and exterior applications. D. Seaming Tape: 1. Manufacturer’s alkali-resistant 2-inch (51 mm) wide fiberglass mesh tape for joint reinforcement. E. Air and Damp Proofing Sealer: 1. Manufacturer’s recommended 100% acrylic sealer for vapor and damp proofing boards. PART 3 EXECUTION 3.1 EXAMINATION A. Verify framing is level, plumb and adjacent surfaces meet tolerances for installation. B. Do not proceed with installation until unsatisfactory conditions have been corrected. Installation deems acceptance. 3.2 INSTALLATION A. Review manufacturer’s instructions and submittals prior to installation. B. Apply boards horizontally, with ends occurring over supports. Stagger end joints in adjacent rows. C. Cut boards to fit around openings and projections. D. Mechanically fasten in accordance with manufacturer’s instructions. E. Apply sealant, adhesive, seaming tape and liquid waterproofing as recommended by manufacturer for a warranted installation. F. Apply air and damp proofing sealer to boards in immediate contact with water and damp conditions. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CEMENTITIOUS BACKER BOARDS © 2022 TERRACON 09 28 13 Page 3 of 3 3.3 FIELD QUALITY CONTROL A. Repair or replace items damaged prior to installing final finished surfaces. 3.4 SCHEDULE A. Levels of Finish: 1. High Impact Resistant board installed up to 6 foot room height and all exterior locations. END OF SECTION 09 28 13 BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 GYPSUM WALL BOARD © 2022 TERRACON 09 29 00 Page 1 of 3 SECTION 09 29 00: GYPSUM WALL BOARD PART 1 GENERAL 1.01 The Contract Documents including General Conditions and Special Conditions apply to all work in this Section. 1.02 Description: A. Work Included: All labor, materials, equipment and services necessary to complete all the gypsum wallboard finish complete with related metal components and accessories and finish surfaces as indicated or specified. 1.03 Quality Assurance: A. Manufacturers: 1. Wallboard components shall be as manufactured by U.S. Gypsum Company, Kaiser Gypsum Company, National Gypsum Company, Georgia-Pacific, or Flintkote Blue Diamond. it is intended that all materials furnished be a part of a single system, whether supplied by one or several manufacturers. B. ANSI A-97.1, insofar as any portion is applicable, is hereby made a direct part of this specification as though repeated herein. 1.04 Submittals: A. Certificates: 1. Furnish manufacturer's certification that materials meet or exceed specification requirements. B. Manufacturer's Instructions: 1. Furnish manufacturer's printed instructions for installation of assemblies. 1.06 Product Delivery, Storage and Handling: A. Deliver wallboard materials in manufacturer's unopened containers, packages or bundles identified with manufacturer's name, brand, type, and grade. Store inside in dry areas and protect from dampness and deterioration. Protect redi-mixed products from freezing and protect metal accessories from rusting. Remove damaged or deteriorated materials from the premises. 1.07 Job Conditions: A. Temperature and Humidity Conditions: 1. Do not install wallboard unless installation areas comply with the minimum temperature and ventilation requirements recommended by the manufacturer. B. Protection: 1. Protect work installed by other trades previous to work under this Section. Replace any work damaged without added cost to the Owner. Provide closures for exterior openings, where required. Room temperature during installation of wallboard shall be not less than 50 degrees F., with adequate ventilation maintained to eliminate excessive moisture until joint compound is completely dry. Protect wallboard from wetting, and replace any damage material. C. Provide ventilation during and following adhesives and joint treatment applications. Use temporary air circulators in enclosed areas lacking natural ventilation. Under slow drying conditions, allow additional drying time between coats of joint treatment. Protect installed materials from drafts during hot, dry weather. PART 2 PRODUCTS 2.01 Wallboard (Level 4): A. Gypsum Wallboard: 1. Fire Rated Wallboard: ASTM C-36 (type X); or FS SS-L-30, type Ill, grade X, class I; 5/8" thickness, tapered edge. 2. Water-Resistant Wallboard: ASTM C-630, grade (regular) type WR), 5/8" thickness, tapered edge. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 GYPSUM WALL BOARD © 2022 TERRACON 09 29 00 Page 2 of 3 B. Wallboard Accessories: 1. Comer Bead Reinforcement: ANS CB 114 x 114. 2. Metal Edge Reinforcement: ANS LS 12 or LS 58; or ANS US 12 or US 58. C. Control Joints: U.S. Gypsum Company,# 093. D. Fasteners: 1. Nails: Annular ring shank nail, GWB-54, ASTM C-380, 1-1/4" for 1/2" wallboard, 1-3/8" for 5/8" wallboard; or smooth shank nail, ASTM C-514, 1-3/8" for 1/2" wallboard, 1-1/2" for 5/8" wallboard. 2. Screws: Self drilling, self tapping, bugle head, for use with power driven tool. Type S for application to metal framing, minimum 1", type W for application to wood framing, minimum 1- 1/4" (single !ayer) 1-5/8" (double !ayer); type G for wallboard to wallboard application, minimum 1-1/2". E. Finishing Materials: 1. Joint Treatment System shall be Perf-A-Tape joint system consisting of: a. Perf-A-Tape reinforcementtape. b. Peri-A-Tape all purpose ready mixed compound for embedding, fill and finishing. 2.02 Sealant: A. Sealant (non-acoustical) shall be as specified under Section 07900 of these specifications. PART 3 EXECUTION 3.01 Installation: A. Apply wallboard with long dimension at right angles to framing or furring members with all abutting ends and edges occurring over stud flanges. Use wallboard of the maximum practical length to minimize end joists. Neatly fit and stagger end joints. Arrange joints on opposite sides of the partition as to occur on different studs. Cut wallboard neatly to fit around all openings. Wall board to extend to within 1/4" of the floor. B. Wherever wallboard terminates against dissimilar materials or where edges of wallboard are exposed, install metal edge reinforcement as specified. At all outside corners install metal comer bead reinforcement as specified. C. At locations indicated install control joint over face of wallboard panels. Cut end joints square, butt together and align to provide neat fit. Attach control joint to wallboard with Bostitch 1/2" type g staples spaced not over 6" on center in each flange. D. At metal studs apply wallboard using screws spaced a maximum of 12" on center in the field of the board and 12" on center along the abutting end joints (use 8" 0.C. if assembly is rated). E. At wood framing apply wallboard with double nailing method. Apply first nails spaced 12" on center with the second nail in close proximity (2"). Nails shall not be staggered on adjoining edges or ends. While the nails are being driven, hold the wallboard in form contract with the underlying support. Nail from central portion of the wallboard towards ends and edges. Nails shall be driven home with the heads slightly below the surface of the wallboaid, in a dimple formed by the driving tool stubbing the last blow. A nail set shall not be sued and care shall be taken to avoid breaking the paper face. F. Where W/R wallboard is used or at showers coat all cut edges and fastener heads with USG sheetrock W/R Sealant. Treat all cut edges, utility holes, and joints, including those at angle intersections prior to installation. Treat fastener heads after installation. G. Apply acoustical sealant using air operated equipment. Inspect joints to receive sealant to be sure they are clean, dry and free of dust, dirt and other foreign matter. Sea! around all light boxes, outlets, switches, etc., with a continuous bead of sealant. Remove any excess of sealant or smears as work progresses. H. Where wallboard partitions intersect masonry walls, provide control joint not less than 1/4"; nor more than 3/8" wide between wallboard and masonry. Finish exposed edges of wallboard with square- nose metal casing beach and caulk space between casing bead and masonry with continuous sealant bead. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 GYPSUM WALL BOARD © 2022 TERRACON 09 29 00 Page 3 of 3 3.02 Finishing: A. Reinforce wall and ceiling angles and inside vertical corner angles with tape folded to conform to the adjoining surface and to form a straight, true angle. Apply a thin uniform layer of compound, approximately 3" wide, under and over the tape in the angle joint to be reinforced and seal into the compound, leaving sufficient compound under the tape to provide proper bond. Apply a skim coat of compound immediately after embedding tape. Clean excess compound from the wallboard surface. After drying, cover embedding compounds with an additional coat of compound. B. Allow joints to dry thoroughly (minimum of 24 hours) between each application of compound. C. All joints shall have tape embedded. filled and finished using specified compound. D. Cover fill coat with compound spread evenly over and slightly beyond the tapered edge of the board, feathered at the edges, with a smooth uniform slight crown over the joint. Al! dimples at fastener heads shall receive 3 coats of compound in succession as used in joints. E. Conceal flanges of all metal corner and edge reinforcing by at last 2 coats of compound. When completed, the compound shall extend approximately 8" to 1O" on either side of the exposed metal nosing. F. Sand all coats as necessary after each application of compound has dried. The final coat and subsequent sanding shall leave all wallboard and treated areas uniformly smooth and ready to receive decoration, to the extent that after painting of wallboard there shall be no distinguishable difference in appearance between taped and untapped surfaces. END OF SECTION 09 29 00 BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CERAMIC TILE © 2022 TERRACON 09 30 19 Page 1 of 3 SECTION 09 30 19: CERAMIC TILE PART 1 GENERAL 1.01 The Contract Documents including General Conditions and Special Conditions apply to all work in this Section. 1.02 Description: A. Work Included: All labor, materials, equipment and services necessary to provide the ceramic tile and related items as indicated or specified. 1.03 Substitutions: In accordance with Section 01 25 00. 1.04 General Requirements: A. Standards: 1. Materials, preparation and installation shall conform to American National Standard Institute as listed and the detailed installation instructions of the material manufacturer insofar as applicable. Reference TCNA 2012 edition. B. Installation of ceramic tile with Portland Cement Mortar: 1. ANSI A-108.1. 1.05 Product Delivery, Storage and Handling: A. Deliver tile to the job in unopened cartons sealed with a grade seal bearing name of manufacturer· and the words "standard grade" printed thereon. B. Manufactured mortars and grouts shall contain hallmark certifying compliance with referenced standards and be types recommended by tile manufacturer for specific applications. C. Adhesives shall be in containers labeled with hallmark certifying compliance with referenced standards. D. Deliver grout ready for use. E. Deliver dry-set mortar in sealed, moisture proof containers. F. Store materials under cover in manner to prevent damage or contamination. 1.06 Job Conditions: A. Set and grout tile in Portland cement mortar when ambient temperature is at least 50 degrees F. and rising. B. Comply with minimum temperature recommendations of manufacturer's for bonding and grouting materials in other than Portland cement mortar. C. Protect adjoining work surfaces before tie work begins. 1.07 Inspection: A. Inspect surfaces to receive tile before starting installation. Notify the Owner in writing of any defects or conditions that will prevent a satisfactory tile installation. Starting of work will imply acceptance of surfaces to receive tile. B. Close areas in which tile is being set to traffic and other work. Keep closed until tile if firmly set, minimum time of 3 days. Protect tile work from damage until acceptance. 1.08 Submittals: A Submit samples in accordance with Section 01 33 00 for all work under this Section. Submit samples of all types of tile specified herein of the size specified. B. Furnish manufacturer's printed instruction for use of Latex Portland cement and mortar. PART 2 PRODUCTS 2.01 Materials: A. Thin Lipped Coved Base shall be 6x6 (continuous with appropriate inside and outside comers.) Tile must be set in 1/4" concrete slab groove to be set correctly. B. Wall Tile (wainscot) shall be standard grade semi-gloss glazed gall tile not less than 5/16" thick with BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CERAMIC TILE © 2022 TERRACON 09 30 19 Page 2 of 3 cushion edges, a semi-gloss finish and in nominal face sizes of 3" x 6". Provide spacer lugs of other similar features on edges of tile. Tile shall comply with Section 5 of ANSI A-137.1. Provide 1-3401 base member at junction of floor and at internal corners; ABUR 3401 and ACU4 3401 as applicable. C. Portland Cement: ASTM C-150, type I. D. Aggregate: ASTM C-144 for mortar and grout. D. Hydrate Lime: ASTM C-206 or C-207, type S. F. Water: Potable. G. Reinforcing: 2" x 2" -16/16 gauge welded wire mesh. H. Membrane: 4 mil. polyethylene film, furnish and install under this Section. I. Glazed Tile Grout: Tilemate 719 color to match existing J. Floor Tile Grout Hydroment, color to match existing K. Dry-set Mortar: ANSI A-118.1. L. Latex Portland Cement Mortar: ANSI A-118.4. M. Sealant: Two component complying with FS TT-S-00227; type II for joint in vertical surfaces; type I for joints in horizontal surfaces. N. Back-Up: Flexible and compressible type of closed-cell foam polyethylene or butyl rubber, rounded at surface to contract sealant, as shown in TCA details, and as recommended by sealant manufacturer. it shall fit neatly into the joint without compacting and to such a height to allow a sealant depth of 1/2 the widih of the joint. Sealant shall not bond to the back-up material. PART 3 EXECUTION 3.01 Installation: A. Floors: 1. Install floors using Portland cement mortar in accordance with ANSI A-108.2 and TCA methods F-111-09 (over precast concrete) or F-112-09 (over cast-in-place concrete). Cleavage (ANSI 108.1A) Membrane is to be furnished and installed as a part of the work of this Section (method F-111) just prior to tile installation. 2. Grout tile with specified grout, slightly depressed to accommodate slope and floor drain typical. 3. Slope floors uniformly to floor drains to achieve no greater than ¼'' per foot slope and no less than 1/8" per foot to ensure positive flow. This is to occur whether or not concrete floor provides same slope. 4. Provide expansion joints as directed by TCA and installer experience. Reference EJ171, A, B&G. B. Walls: 1. Install wall tile in cement mortar in accordance with ANSl-108.5 and TCA methods W-211-09 (masonry or concrete). 2. Install exterior wall tile in organic adhesive in accordance with ANSI A-108.4 and TCA methods W-201-09 or W202-09 (masonry or concrete). 3. Align all joints in wall tile vertically and horizontally. 4. Grout ail tile with specified grout. 5. Provide expansion joints as recommended by TCA EJ171 based on substrate. C. Expansion Joints: 1. Provide expansion joints in all ceramic tile surfaces in accordance with TCA method EJ171-09. 2. Expansion joint width shall be 1/4" minimum. Joints through tile and mortar directly over structural joints in the backing must be at least the width of the structural joint. D. Preparation: BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 CERAMIC TILE © 2022 TERRACON 09 30 19 Page 3 of 3 1. Tile edges to which the sealant will bond must be clean and dry. Sand or grind as necessary to obtain optimum sealant bond. 2. Prime tile edges when recommended by the sealant manufacturer. Take care to keep primer off tile faces. E. Installation: 1. Set back-up when mortar is placed or utilize removable wood strip to provide space for back-up after mortar has cured. 2. Install sealant after tile work and grout dry. Follow sealant manufacturer's recommendations. F. Cleaning and Protection: 1. Clean tile after grouting and protect from other trades. Cure all ceramic tile floors for a minimum of 3 days. END OF SECTION 09 30 19 BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 PAINTING © 2022 TERRACON 09 90 00 Page 1 of 6 SECTION 09 90 00: PAINTING PART 1 GENERAL 1.01 RELATED DOCUMENTS A. The General Conditions and Special Conditions apply to all work in this Section. 1.02 DESCRIPTION A. Work Included: 1. All labor, materials, equipment and services necessary to complete all painting and finishing required for surfaces as indicated or specified herein. 1.03 DEFINITIONS A. Gloss Level 1: Not more than 5 units at 60 degrees and 1 to 2 units at 85 degrees (“flat”). B. Gloss Level 2: 5 to 9 units at 60 degrees and 10 to 15 units at 85 degrees (“velvet”). C. Gloss Level 3: 10 to 15 units at 60 degrees and 15 to 30 units at 85 degrees (“eggshell”). D. Gloss Level 4: 20 to 35 units at 60 degrees and 35 to 50 units at 85 degrees (“satin”). E. Gloss Level 5: 40 to 50 units at 60 degrees (“semi-gloss”). F. Gloss Level 6: 70 to 80 units at 60 degrees (“gloss”). G. Gloss Level 7: More than 80 units at 60 degrees (“high gloss”). H. Blocking: Two painted surfaces sticking together such as a painted door sticking to a painted jamb. I. Mildew Resistant: Certified products are specially formulated with microbicidal additives that resist mold, mildew, and algae growth on the paint film and inhibit growth of bacterial odors. J. CHPS: Collaborative for High Performance Schools. A national movement to improve student performance and the entire educational experience by building the best possible schools. www.chps.net. K. EG: Ethylene Glycol. Ethylene glycol is listed as a hazardous air pollutant (HAP) by the U.S. EPA. L. PDCA: Painting & Decorating Contractors of America www.pdca.org . M. RAVOC: Reactivity adjusted VOC. "Reactivity" means the ability of a VOC to promote ozone formation N. SSPC: The Society for Protective Coatings publishes Scopes of SSPC Surface Preparation Standards and Specifications www.sspc.org . 1.04 Substitutions: A. In accordance with Section 01 25 00. 1.05 Submittals: A. In accordance with Section 01 33 00. B. Prepare samples at the job as required until colors are satisfactory. Paint and sheen to match existing adjacent surfaces. 1. Submit Samples on rigid backing, no smaller than 7 inches by 10 inches (177.8 mm by 254 mm) or larger than 8.5 inches by 11 inches (215.9 mm by 279.4 mm). 2. Label each Sample for project, architect, general contractor, painting contractor, paint color name and number, paint brand name, "P" number if applicable, and application area. C. Before supplying any material to site, the painting subcontractor and the paint manufacturer's area representative shall prepare a complete schedule showing the materials proposed to be used for each treatment specified and submit same to Architect for review. 1.06 Product Delivery, Storage and Handling: A. Deliver all paint to site in manufacturer's labeled and sealed containers. Labels shall give manufacturer's name, brand, type, batch number, color of paint and instructions for reducing. Thin only in accordance BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 PAINTING © 2022 TERRACON 09 90 00 Page 2 of 6 with printed directions of manufacturer. B. Store all material used on the job in a single designated space. Such storage place shall be kept clean. Make good any damage to it or to its surroundings. Remove any oily rags, waste, etc., from the building every night and take every precaution to avoid any danger of fire. In no case shall amount of materials stored exceed that permitted by local ordinances, state laws, or fire underwriter regulations. 1.07 Environmental Conditions: A. Apply paints only when temperature of surfaces to be painted and ambient air temperatures are between 50 and 90 degrees F (10 and 32 degrees C). B. Do not apply paints in snow, rain, fog, or mist; when relative humidity exceeds 85 percent; or at temperatures less than 5 degrees F (3 degrees C) above the dew point; or to damp or wet surfaces. C. Painting contractor should follow proper painting practices and exercise judgment based on his or her experience and project specific conditions as to when to proceed. 1.08 Protection: A. Before painting, remove hardware, accessories, plates, lighting fixtures and similar items or provide ample protection of such items. On completion of each space, replace above items. Use only skilled mechanics for removing and connecting above items. Protect adjacent surfaces as required or directed. Any damage done shall be repaired by the painting contractor at his expense. A sufficient supply of clean drop cloths and other protective covering shall be properly distributed and maintained. B. Finishing of the following listed items and materials will not be required and shall be protected: 1. Stainless steel, brass, bronze, copper, chromium, anodized aluminum; specially finished articles such as porcelain enamel, plastic coated fabrics, and baked enamel. 2. Finished products such as ceramic tile, windows, glass, brick, resilient flooring, acoustical tiles, board and metal tees; other architectural features, such as "finish" hardware, furnished in aluminum, bronze or plated ferrous metal, prefinished panels, or other items that are installed prefinished. 1.09 Color Schedule: A. Color to match existing and adjacent. Verify on site and submit color chips to Architect and Owner for approval prior to installation. PART 2 PRODUCTS 2.01 Manufacturers: A. Basis-of-Design Product: Provide products listed from the Dunn-Edwards Corporation and BASF. 2.02 Paint, General: A. Material Compatibility: 1. Provide materials for use within each paint system that are compatible with one another and substrates indicated, under conditions of service and application as demonstrated by manufacturer, based on testing and field experience. 2. For each coat in a paint system, provide products recommended in writing by manufacturers of topcoat for use in paint system and on substrate indicated. B. VOC Content: Provide material that comply with VOC limits of authorities having jurisdiction. C. Colors: As selected by the Owner. 2.03 Masonry Sealer: A. MasterProtect H 107 silane/siloxane water repellent sealer by BASF, or approved equal. PART 3 EXECUTION 3.01 Examination: A. Examine substrates and conditions, with Applicator present, for compliance with requirements for maximum moisture content and other conditions affecting performance of the Work. B. Maximum Moisture Content of Substrates: When measured with an electronic moisture meter as BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 PAINTING © 2022 TERRACON 09 90 00 Page 3 of 6 follows: 1. Concrete: 12 percent. 2. Masonry (Clay and CMU): 12 percent. 3. Wood: 15 percent. 4. Portland Cement Plaster: 12 percent. 5. Gypsum Board: 12 percent. C. Portland Cement Plaster Substrates: Verify that plaster is fully cured, including pH testing to determine that alkalinity is within limits established by the manufacturer. D. Exterior Gypsum Board Substrates: Verify that finishing compound is sanded smooth. E. Verify suitability of substrates, including surface conditions and compatibility with existing finishes and primers. F. Proceed with coating application only after unsatisfactory conditions have been corrected. 1. Application of coating indicates acceptance of surfaces and conditions. 3.02 Preparation: A. Comply with manufacturer's written instructions. B. Remove hardware, covers, plates, and similar items already in place that are removable and are not to be painted. If removal is impractical or impossible because of size or weight of item, provide surface- applied protection before surface preparation and painting. 1. After completing painting operations, use workers skilled in the trades involved to reinstall items that were removed. Remove surface-applied protection. C. Clean substrates of substances that could impair bond of paints, including dust, dirt, oil, grease, and incompatible paints and encapsulants. 1. Remove incompatible primers and re-prime substrate with compatible primers or apply tie coat as required to produce paint systems indicated. D. Concrete Substrates: Remove release agents, curing compounds, efflorescence, and chalk. Do not paint surfaces if moisture content or alkalinity of surfaces to be painted exceeds that permitted in manufacturer's written instructions. E. Masonry Substrates: Clean surfaces of alkali, efflorescence, sand, surface dust or dirt, oil, grease, chemical films, and other contaminants. Do not paint surfaces if moisture content or alkalinity of surfaces or mortar joints exceeds that permitted in manufacturer's written instructions. F. Steel Substrates: Remove rust, loose mill scale, and shop primer if any. Clean using methods recommended in writing by paint manufacturer. G. Shop Primed Steel Substrates: Clean field welds, bolted connections, and abraded areas of shop paint, and paint exposed areas with the same material as used for shop priming to comply with SSPC-PA 1 for touching up shop primed surfaces. H. Galvanized Metal Substrates: Remove grease and oil residue from galvanized sheet metal fabricated from coil stock to produce clean, lightly etched surfaces that promote adhesion of subsequently applied paints. I. Wood Substrates: 1. Scrape and clean knots. Before applying primer, apply coat of knot sealer recommended in writing by topcoat manufacturer for exterior use in paint system indicated. 2. Sand surfaces that will be exposed to view and dust off. 3. Prime edges, ends, faces, undersides, and backsides of wood. 4. After priming, fill holes and imperfections in the finish surfaces with putty or plastic wood filler. Sand smooth when dried. 3.03 Application: A. Apply paints according to manufacturer's written instructions. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 PAINTING © 2022 TERRACON 09 90 00 Page 4 of 6 1. Use applicators and techniques suited for paint and substrate indicated. 2. The number of coats scheduled is the minimum number of coats required. Additional coat(s) shall be applied at no additional cost to the Owner, to completely hide base material, provide uniform color, and to produce satisfactory finish results. 3. Apply coatings without thinning except as specifically required by label directions or required by these specifications. In such cases, thinning shall be the minimum reduction permitted. 4. Paint surfaces behind movable items same as similar exposed surfaces. Before final installation, paint surfaces behind permanently fixed items with prime coat only. 5. Paint both sides and edges of exterior doors and entire exposed surface of exterior door frames. 6. Paint entire exposed surface of window frames and sashes. 7. Do not paint over labels of independent testing agencies or equipment name, identification, performance rating, or nomenclature plates. 8. Priming may not be required on items delivered with prime or shop coats, unless otherwise specified. Touch up prime coats applied by others as required ensuring an even primed surface before applying finish coat. B. Tint each undercoat to a lighter shade of the finish coat (not to exceed 2 ounces of colorant) to facilitate identification of each coat if multiple coats of same material are to be applied. C. If undercoats or other conditions show through topcoat, apply additional coats until cured film has a uniform paint finish, color, and appearance. D. Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks, roller tracking, runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color breaks. E. Block Fillers: Provide block fill as scheduled to conform to the following: PDCA Standard P12-05. 1. Level 3 - Premium fill: One or multiple coats of high performance block filler manufactured to be applied at a high dry film build. Block filler shall be back-rolled to eliminate voids and reduce the majority of the masonry profile depth. F. CMU Sealer: 1. Air, material and surface temperatures should be 40° F (4° C) or higher during application and curing. Surfaces can be slightly damp prior to application, but for best results and maximum penetration of sealer, a dry surface is recommended. Do not apply sealer when temperatures are expected to fall below 40° F (4° C) within 4 hours of completed application. 2. Repoint any loose or disintegrated mortar and allow a minimum of 72 hours drying time before application. Complete caulking and sealant work before application of sealer, allowing a minimum of 6–12 hours curing time (or until set). 3. Test a small area of the surface (generally a 5 by 5 ft [1.5 by 1.5 m] section) before starting general application of any penetrating sealer to ensure desired performance results, aesthetics and coverage rates. Allow 5–7 days for the product to fully react before evaluating. 4. Mix material thoroughly before and during application. 5. Apply by low-pressure, non-atomizing spray. G. Painting Fire Suppression, Plumbing, HVAC, Electrical, Communication, and Electronic Safety and Security Work: 1. Paint the following work where exposed to view: a. Tanks that do not have factory-applied final finishes. b. Other items as directed by the Architect. 3.04 Cleaning and Protection: A. At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from Project site. B. After completing paint application, clean spattered surfaces. Remove spattered paints by washing, scraping, or other methods. Do not scratch or damage adjacent finished surfaces. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 PAINTING © 2022 TERRACON 09 90 00 Page 5 of 6 C. Protect work of other trades against damage from paint application. Correct damage to work of other trades by cleaning, repairing, replacing, and refinishing, as approved by Architect, and leave in an undamaged condition. D. At completion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces. 3.05 Exterior Painting Schedule: A. CMU (without block filler) Substrates: 1. Premium Latex System: a. Prime Coat: Primer, alkali resistant, water based, interior/exterior Dunn-Edwards, Eff- Stop Select ESSL00. b. Intermediate Coat: Latex, exterior, matching topcoat. c. Topcoat: Latex, exterior, eggshell, Dunn-Edwards, Spartashield SSHL30 100% acrylic, (Gloss Level 3). B. CMU Substrates: 1. Premium Latex System: a. Prime Coat: Block filler, latex, interior/exterior, Dunn-Edwards, Smooth BLOCFIL Select SBSL00. b. Intermediate Coat: Latex, exterior, matching topcoat. c. Topcoat: Latex, exterior, eggshell, Dunn-Edwards, Spartashield SSHL30 100% acrylic, (Gloss Level 3). C. Steel Substrates: 1. Waterborne Urethane Alkyd Enamel System: a. Prime Coat: Primer, rust inhibitive, waterborne alkyd, interior/exterior, Dunn-Edwards, Bloc-Rust Premium BRPR00 Series or Enduraprime Rust Preventative Primer ENPR00. b. Intermediate Coat: Waterborne urethane alkyd, interior/exterior matching topcoat. c. Topcoat: Waterborne urethane alkyd, interior/exterior, eggshell, Dunn-Edwards, Aristoshield ASHL30, (Gloss Level 3). D. Galvanized Metal Substrates: 1. Waterborne Urethane Alkyd Enamel over a Latex Primer System: a. Prime Coat: Primer, waterbased, interior/exterior, Dunn-Edwards Ultrashield Galvanized Metal Primer ULGM00. b. Intermediate Coat: Waterborne urethane alkyd, interior/exterior, matching topcoat. c. Topcoat: Waterborne urethane alkyd, interior/exterior, eggshell, Dunn-Edwards Aristoshield ASHL30, (Gloss Level 3). E. Wood Substrates: 1. Premium Latex System: a. Prime Coat: Primer, waterbased, exterior, Dunn-Edwards, EZ-Prime Premium EZPR00. b. Intermediate Coat: Latex, exterior, matching topcoat. c. Topcoat: Latex, exterior, low sheen, Dunn-Edwards, Spartashield SSHL40 100% acrylic (Gloss Level 4). 3.06 Interior Painting Schedule: A. CMU Substrates: 1. Silane/siloxane water repellent sealer. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 PAINTING © 2022 TERRACON 09 90 00 Page 6 of 6 B. Steel Substrates: 1. Enamel System: a. Prime Coat: Primer, alkyd, anti-corrosive, for metal, Dunn-Edwards, Bloc-Rust Premium BRPR00 Series or Enduraprime Rust Preventative Primer ENPR00. b. Intermediate Coat: Waterborne urethane alkyd matching topcoat. c. Topcoat: Waterborne urethane alkyd, interior/exterior, eggshell, Dunn-Edwards, Aristoshield ASHL30, (Gloss Level 3). C. Galvanized Metal Substrates: 1. Waterborne Urethane Alkyd Enamel over a Latex Primer System: a. Prime Coat: Primer, waterbased, Dunn-Edwards, Ultrashield Galvanized Metal Primer ULGM00. b. Intermediate Coat: Waterborne urethane alkyd matching topcoat. c. Topcoat: Waterborne urethane alkyd, interior/exterior, eggshell, Dunn-Edwards, Aristoshield ASHL30, (Gloss Level 3). D. Wood Substrates: 1. Waterborne Urethane Alkyd Enamel over a Latex Primer System: a. Prime Coat: Primer, latex, for interior wood, Dunn-Edwards, Inter-Kote IKPR00. b. Intermediate Coat: Waterborne urethane alkyd matching topcoat. c. Topcoat: Waterborne urethane alkyd enamel, interior/exterior, eggshell, Dunn- Edwards, Aristoshield ASHL30, (Gloss Level 3). G. Gypsum Board Substrates: 1. Waterborne Urethane Alkyd Enamel over Latex Sealer System: a. Prime Coat: Primer sealer, latex, interior, Dunn-Edwards, Vinylastic Premium VNPR00. b. Intermediate Coat: Waterborne urethane alkyd matching topcoat. c. Topcoat: Waterborne urethane alkyd, interior/exterior, eggshell, Dunn-Edwards Aristoshield ASHL30, (Gloss Level 3). END OF SECTION 09 90 00 BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 SIGNAGE © 2022 TERRACON 10 14 00 Page 1 of 2 SECTION 10 14 00: SIGNAGE PART 1 GENERAL 1.01 Description: A. Work Included: 1. Furnish all labor, materials, equipment and services necessary to complete the applicable work within this Section of the Specifications as shown on the drawings and/or specified herein, Owner will dictate exact placement of signage which may or may not be indicated on drawings. 2. Deck signs (occupant load sign with clearly legible letters not less than 4" high located per County Health Department representative instructions). 3. Chemical Storage signs (hazmat). 4. Accessible Parking Signs & ADA path of travel signs, restroom signs per CBC 11B-502.6 and 11B-703.7.2.6. 5. Pool Safety Signs PART 2 PRODUCTS 2.01 Signage: A. Stock traffic signs to denote accessible parking and path of travel as well as accessibility, loading & fire lanes etc. B. Sign material to be scratch resistant, non-static, fire retardant, washable non-glare surface. impervious to most acids, alkalines, alcohol, solvent, abrasives and boiling water. NEMA rated self- extinguishing. C. Pool Occupancy & Safety Signs: 1. Pool Rules - Lincoln #45-005 2. Rescue Breathing & 911 - Lincoln #45-025 3. No Running - Lincoln #45-040 4. Pool Capacity- Lincoln #45-095 5. Shower before entering pool - Lincoln #45-110 6. No Diving Allowed - Lincoln #45-115 D. Chemical safety signs for Acid & Chlorine: Lincoln #45-049 (for each chemical stored). Submit shop drawings the hazmat MSDS sheets. E. MSDS Station - Wall mounted station - #1F-17463 by Lab Safety Supply 800 356 0783 F. Code Requirements: Raised characters shall comply with CBC Section 11B-7-3.2: 1. Depth shall be 1/32 inch (0.8 mm) minimum above their background and shall be sans serif upper case, duplicated in Braille. 2. Height shall be 5/8 inch (15.9 mm) and 2 inches (51 mm) maximum based on the height of the upper case letter “I”. CBC Section 11B-703.2.5. 3. Finish and contrast: Characters and their background shall have a non-glare finish. Characters shall contrast with their background with either light characters on a dark background or dark characters on a light background. CBC Section 703.5.1. 4. Proportions: It shall be selected from fonts where the width of the upper case letter “O” is 60% minimum and 110% maximum of the height of the character. CBC Sections 11B-703.2.4 and 11B-703.2.6. 5. Character spacing: Spacing between individual raised characters shall comply with SBS Section 11B-703.2.7 and 11B-703.2.8. 6. Format: text shall be in a horizontal format. CBC Section 703.2.9. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 SIGNAGE © 2022 TERRACON 10 14 00 Page 2 of 2 7. Braille shall be contracted (Grade 2) and shall comply with CBC Sections 703.3 and 11B-703.4. Braille dots shall have a domed or rounded shaped and shall comply with CBC table and Figure 11B-703.3.1. 8. Mounting height: Tactile characters on signs shall be located 48” minimum to the baseline of the lowest Braille cells and 60” maximum to the baseline of the highest line of raised characters above the finish floor or ground surface. CBC Section and Figure 11B-703.4.1. 9. Mounting location: A tactile sign shall be located per CBC Section and figure 11B-703.4.2 as follows: - alongside a single door at the latch side; - on the inactive leaf at double doors with one active leaf; - to the right of the right hand door at double doors with two active leaves; - on the nearest adjacent wall where there is no wall space at the latch side of a single door or at the right side of double doors with two active leaves; - so that a clear floor space of 18” x 18” minimum centered on the tactile characters, provided beyond the arc of any door swing between the closed position and 45 degree open position; 10. Visual characters shall comply with CBC Section 11B-703.5 and shall be 40” minimum above finish floor or ground. 11. Pictograms shall comply with CBC Section 11B-703.6. 12. Symbols of accessibility shall comply with CBC Section 11B-703.7. 13. Variable message signs shall comply with CBC Section 11B-703.8. 2.02 Submittals: A. Contractor shall submit in compliance with Section 01300. Do not order signs before review. PART 3 EXECUTION 3.01 Inspection and Preparation: A. Contractor shall be responsible for inspection of site, approval of mounting conditions and field measurements for this work. 3.02 Installation: A. Shall comply with all manufacturers’ recommendations. B. All signs shall be installed level, positively, securely and permanently. 3.03 Cleaning: A. Clean finished installation of dirt and finger marks, leave work area clean and free of debris. END OF SECTION 10 14 00 BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 COMMERCIAL TOILET ACCESSORIES © 2022 TERRACON 10 28 13.13 Page 1 of 3 SECTION 10 28 13.13 - COMMERCIAL TOILET ACCESSORIES PART 1 - GENERAL 1.01 SUMMARY A. Section Includes 1. Public-use washroom accessories. 1.02 REFERENCES A. ASTM International (ASTM): 1. ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc- Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process. 2. ASTM A 666 - Standard Specification for Annealed or Cold-Worked Austenitic Stainless Steel Sheet, Strip, Plate, and Flat Bar. 3. ASTM B 456 - Standard Specification for Electrodeposited Coatings of Copper Plus Nickel Plus Chromium and Nickel Plus Chromium. 4. ASTM F 446 - Standard Consumer Safety Specification for Grab Bars and Accessories Installed in the Bathing Area. B. California Building Code Chapter 11B. 1.03 ACTION SUBMITTALS A. Product Data: For each product: 1. Manufacturer's product data sheets indicating operating characteristics, materials and finishes. Mark each sheet with product designation. 2. Mounting requirements and rough-in dimensions. 1.04 INFORMATION SUBMITTALS A. Sample warranty. B. Operation, care and cleaning instructions. 1.05 MAINTENANCE SUBMITTALS A. Furnish indicated spare parts that are packaged with identifying labels listing associated products. B. Operation and Maintenance data. 1.06 QUALITY ASSURANCE A. Source Limitations: For products listed together in the same Part 2 articles, obtain products from single source from single manufacturer. B. Manufacturer Qualifications: Approved manufacturer listed in this section, with minimum [5] years’ experience in the manufacture of product types. Manufacturers seeking approval must submit the following: 1. Product data, including test data from qualified independent testing agency indicating compliance with requirements. 2. Submit substitution request not less than 15 days prior to bid date. C. Accessibility Requirements: Comply with requirements of California Building Code Chapter 11B. 1.07 WARRANTY A. Standard manufacturer’s warranty. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 COMMERCIAL TOILET ACCESSORIES © 2022 TERRACON 10 28 13.13 Page 2 of 3 PART 2 - PRODUCTS 2.01 MANUFACTURERS A. Basis-of-Design Products: Subject to compliance with requirements, provide commercial toilet accessories manufactured by: Bobrick Washroom Equipment, Inc. 6901 Tujunga Avenue North Hollywood, California 91605-6213 Corporate Offices: (818) 764-1000 Fax: (818) 765-2700 Customer Service: (818) 982-9300 Fax: (818) 503-9287 2.02 MATERIALS A. Stainless Steel: ASTM A 666 Type 304 (18-8); satin finish exposed surfaces unless otherwise indicated. B. Steel Sheet: ASTM A 1008/A 1008M, Designation CS, manufacturer’s standard thickness. C. Galvanized-Steel Sheet: ASTM A 653/A 653M, with G60 hot-dip zinc coating, manufacturer’s standard thickness. D. Galvanized-Steel Mounting Devices: ASTM A 153/A 153M, hot-dip galvanized after fabrication. E. Fasteners: 1. Exposed: Screws, bolts, and other devices of same material as accessory unit and tamper- and-theft resistant. 2. Concealed: Galvanized steel. F. Chrome Plating: ASTM B 456, Service Condition Number SC 2, moderate service. 2.03 PUBLIC-USE WASHROOM ACCESSORIES A. Toilet Tissue Roll Dispenser, Surface Mount TTDS: 1. Application: At locations shown on drawings. 2. Capacity: Single roll plus spare roll. 3. Finish and Base Material: Satin-finish stainless steel with polymer spindles. 4. Roll Access: Exposed. 5. Delivery: Non-controlled. 6. Mounting: Surface-mounted. 7. Service Access: Vandal resistant lock. B. Shared, Partition Mounted Toilet Tissue Dispensers TTDP: 1. Application: At locations shown on drawings. 2. Capacity: Single roll plus spare roll. 3. Finish and Base Material: Satin-finish stainless steel with polymer spindles. 4. Roll Access: Exposed. 5. Delivery: Non-controlled. 6. Mounting: Surface-mounted. 7. Service Access: Vandal resistant lock. C. Fixed Grab Bars: 1. Basis of Design, Fixed Grab Bar: Bradley Corp., Model 812 series 1-1/2 inch (38 mm) diameter. 2. Application: Where indicated. 3. Mounting: Flanges with concealed fasteners. 4. Material: Stainless steel, 0.05 inch (1.27 mm) thick. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 COMMERCIAL TOILET ACCESSORIES © 2022 TERRACON 10 28 13.13 Page 3 of 3 5. Length: As indicated. 6. Finish: Satin. D. Sanitary Product Disposal Unit SDU: 1. Application: Where indicated on drawings. 2. Mounting: Partition mounted. 3. Receptacle: Removable, with vandal-proof lock, capacity 1.25 gal (4.7 L). 4. Finish: Stainless steel satin. E. Seat-Cover Dispenser SCD: 1. Application: Where indicated on drawings. 2. Mounting: Surface mounted. 4. Capacity: 500 single fold or half-fold covers. 5. Finish: Stainless steel satin. 6. Service: Vandal proof lock access. F. Folding Shower Seat FSS: 1. Configuration: Rectangular seat. 2. Color: Manufacturer's standard. 3. Seat: Laminated phenolic. 4. Frame and Mounting Mechanism: Stainless steel. 5. Static Load Capacity: 250 lb. (113 kg). PART 3 - EXECUTION 3.01 INSTALLATION A. Assemble fixtures and associated fittings and trim in accordance with manufacturer's instructions. B. Install supports attached to building structure for equipment requiring supports. C. Grab Bars: Install grab bars to withstand downward force of not less than 250 lbf (1112 N) per ASTM F 446. D. Install equipment level, plumb, and firmly in place in accordance with manufacturer's rough-in drawings. 3.02 CLEANING AND PROTECTION A. Repair or replace defective work, including damaged equipment and components. B. Clean unit surfaces and leave in ready-to-use condition. C. Turn over keys, tools, maintenance instructions, and maintenance stock to Owner. 3.03 TESTING AND ADJUSTING A. Test each piece of equipment provided with moving parts to assure proper operation, freedom of movement, and alignment. Install new batteries in battery-powered items. B. Repair or replace malfunctioning equipment, or equipment with parts that bind or are misaligned. END OF SECTION 10 28 13.13 BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 © 2022 TERRACON Page 1 of 1 SECTION 220719 - PLUMBING PIPING INSULATION PART 1 - GENERAL 1.01 SUMMARY A. Section includes insulating the following plumbing piping services: 1. Supplies and drains for handicap-accessible lavatories and sinks. 1.02 SUBMITTALS A. Product Data: For each type of product indicated. 1.03 QUALITY ASSURANCE A. Comply with the following applicable standards and other requirements specified for miscellaneous components: 1. Supply and Drain Protective Shielding Guards: ICC A117.1. PART 2 - PRODUCTS 2.01 INSULATION MATERIALS A. Products shall not contain asbestos, lead, mercury, or mercury compounds. B. Products that come in contact with stainless steel shall have a leachable chloride content of less than 50 ppm when tested according to ASTM C 871. C. Insulation materials for use on austenitic stainless steel shall be qualified as acceptable according to ASTM C 795. 2.02 ADHESIVES A. Materials shall be compatible with insulation materials, jackets, and substrates and for bonding insulation to itself and to surfaces to be insulated, unless otherwise indicated. 2.03 PROTECTIVE SHIELDING GUARDS A. Protective Shielding Piping Enclosures: 1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Truebro; a brand of IPS Corporation. b. Zurn Industries, LLC; Tubular Brass Plumbing Products Operation. 2. Description: Manufactured plastic enclosure for covering plumbing fixture hot- and cold-water supplies and trap and drain piping. Comply with California Building Code Chapter 11B requirements. PART 3 - EXECUTION 3.01 PREPARATION A. Surface Preparation: Clean and dry surfaces to receive insulation. Remove materials that will adversely affect insulation application. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Install insulation materials, accessories, and finishes with smooth, straight, and even surfaces; free of voids throughout the length of piping including fittings, valves, and specialties. B. Install insulation with longitudinal seams at top and bottom of horizontal runs. C. Keep insulation materials dry during application and finishing. D. Install insulation with least number of joints practical. E. Finish installation with systems at operating conditions. Repair joint separations and cracking due to thermal movement. END OF SECTION 22 07 19 PLUMBING INSULATION 22 07 19 BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 PERVIOUS CONCRETE PAVING © 2022 TERRACON 32 13 14 Page 1 of 6 SECTION 32 13 14 - PERVIOUS CONCRETE PAVING PART 1 GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General & Special Conditions and all Specification sections, may apply to work of this section. 1.02 DESCRIPTION OF WORK A. The Work to be completed under this contract includes the furnishing of all labor, materials and equipment necessary for construction of Pervious Concrete Pavement for restoration of sawcut trenches. Restoration of Percious Concrete shall be extended beyond the width of trench per City Standard Detail 1.03 REFERENCES A. American Concrete Institute 1. ACI 305 “Hot Weather Concreting” 2. ACI 522 “Pervious Concrete Committee Recommendations” (when available) 3. ACI 522R-10 “Report on Pervious Concrete” B. American Society for Testing and Materials 1. ASTM C29 “Test for Unit Weight and Voids in Aggregate” 2. ASTM C33 “Specification for Concrete Aggregates” 3. ASTM C42 “Test Method for Obtaining and Testing Drilled Cores and Sawed Beams of Concrete.” 4. ASTM C117 “Test Method for Material Finer than 75 microns (No. 200) Sieve in Mineral Aggregates by Washing.” 5. ASTM C138 “Test Method for Unit Weight, Yield and Air Content (Gravimetric) of Concrete.” 6. ASTM C140 “Test Method for Concrete Masonry Units 7. ASTM C150 “Specifications for Portland Cement” 8. ASTM C172 “Practice for Sampling Fresh Concrete” 9. ASTM C260 “Specification for Air-Entraining Admixtures for Concrete” 10. ASTM C494 “Specification for Chemical Admixtures for Concrete” 11. ASTM C595 “Specification for Blended Hydraulic Cements” (Types IP or IS only) 12. ASTM C618 “Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for use as a Mineral Admixture in Portland Cement Concrete.” 13. ASTM C989 “Specification for Ground Granulated Blast-Furnace Slag for Use in Concrete and Mortars.” 14. ASTM C1077 “Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction and criteria for Laboratory Evaluation.” 15. ASTM D1557 “Tests for Moisture-Density Relations of Soils and Soil Aggregate Mixtures Using 10 Pound Rammer and 18-inch Drop.” 16. ASTM E329 “Standard Recommended Practice for Inspection and testing Agencies for Concrete, Steel and Bituminous Materials as Used in Construction.” 1.04 QUALITY ASSURANCE A. ACI Certified Concrete Flatwork Finishers are recommended. 1.05 SPECIAL EQUIPMENT Pervious concrete requires specific equipment for compaction and jointing. The pavement shall be compacted using one of two methods. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 PERVIOUS CONCRETE PAVING © 2022 TERRACON 32 13 14 Page 2 of 6 A. Rolling compaction shall be achieved using a minimum 10-inch diameter steel pipe that spans the width of the section placed and exerts a vertical pressure of at least 10 psi on the concrete. Approximate weight of 12 ft roller is 500 lbs. B. Plate compaction shall be achieved using a standard soil plate compactor that has a base area of at least two square feet and exerts a minimum of 10 psi vertical pressure on the pavement surface. C. Joints may either be constructed by rolling or sawing. Rolled joints shall be formed using a “salt roller” to which a beveled fin has been welded around the circumference. Sawed joints shall be constructed as soon as the pervious pavement can be sawed without raveling the sawed edge and before initial cracking occurs using either a dry-cut or wet saw. At no time during the sawing process shall more pavement surface be exposed than that needed for sawing. 1.06 SUBMITTALS Prior to commencement of the work the contractor shall submit the following: A. Concrete materials: 1. Proposed concrete mixture proportions including all material weights, volumes, unit weight, water cement ratio, aggregate cement ratio and void content. 2. Aggregate type, source and gradation data. 3. Cement, fly ash and admixture manufacturer certifications. 4. Integral color. 5. Test panels, placed jointed and cured per 1.07. C. Qualifications: Evidence of experience placing pervious concrete. D. Project details: Specific plans, details, schedule, construction procedures and quality control plan. E. Subcontractors: List all materials suppliers and subcontractors to be used on the work. F. Base: Gradation data. G. Fabric: Specification Sheet. H. Geogrid: Specification Sheet. 1.07 TEST PANELS Prior to construction, a test panel shall be placed to the satisfaction of the Owner unless this requirement is waived by the Owner. A. Each test panel shall be a minimum of 30 sq. ft and shall be placed, jointed and cured using materials, equipment, and personnel proposed for the project. B. Test panels, if acceptable, can be incorporated into the project. C. Test panel cost, and removal if necessary, shall be included. D. Quality: Test panels shall have acceptable surface finish, color, joint details and porosity and shall comply with the testing and acceptance standards listed in 3.07 Quality Control section of this specification. E. If test panels placed at the site are found to be deficient in thickness, unit weight or percentage of voids, or of an unacceptable appearance, they shall be removed at the contractor’s expense and taken to an approved landfill or recycling facility. If test panels are found to be satisfactory, they may be left in-place and included in the completed work. PART 2 MATERIALS 2.01 Base: A. Satisfactory Aggregate Base per Caltrans Standard Specifications. Base below Special Tree Root Areas shall be clean, crushed rock, No 57 Stone per ASTM C33. 2.02 Cement: A. Portland cement Type II or V conforming to ASTM C150 or Portland cement Type IP or IS conforming to ASTM C595. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 PERVIOUS CONCRETE PAVING © 2022 TERRACON 32 13 14 Page 3 of 6 2.03 Supplementary Cementitious Materials: A. Fly ash conforming to ASTM C618 may be used in amounts not to exceed 25% of total cementitious material. B. Ground Iron Blast-Furnace Slag conforming to ASTM C989 may be used in amounts not to exceed 50% by weight of total cementitious material. 2.04 Chemical Admixtures: A. Air entraining agents shall comply with ASTM C260. B. Water Reducing Admixtures shall comply with ASTM C494. C. Hydration stabilizer shall meet the requirements of ASTM C494. Hydration stabilizers are recommended to 2.05 Color: A. Pigment colors shall be metallic oxide unless otherwise specified. Integral colors shall be manufactured by Solomon, or approved equal. Color shall be Solomon ColorFlo #757 Buckwheat or approved equal approved by Owner. 2.06 Aggregates: A. Use a maximum 1/4” coarse aggregate that meets ASTM C33 (1/4” x No. 8). Fine aggregate meeting ASTM C33, if used, shall not exceed 3 cu. ft. If other aggregate sizes are proposed, testing to assure unit weight, void content and workability must be submitted for approval. 2.07 Non-woven Fabric: A. Mirafi 140N or equal. 2.08 Geogrid: A. Tensar TX160 or equal. 2.09 Water: Potable water shall comply with local water standards. 2.10 Mixture Proportions: A. Cementitious Content: For vehicle pavements, total cementitious content not less than 630 lbs/cy. For pedestrian pavements, total cementitious content not less than 600 lbs/cy. B. Supplementary cementitious content: Fly ash: 25% maximum. Slag: 50% maximum. C. Water / Cementitious Ratio: For vehicle pavements: 0.30. D. Aggregate Content: The volume of aggregate per cubic yard shall be equal to 27 cubic foot when calculated as a function of the unit weight determined in accordance with ASTM C29 jigging procedure. E. Admixtures: Admixture shall be used in accordance with the manufacturer’s instructions and recommendations. F. Mix Water: Mix water quantity shall be such that the cement paste displays a wet metallic sheen without causing the paste to flow from the aggregate. Mix water yielding a cement paste with a dull-dry appearance has insufficient water for hydration. Insufficient water results in inconsistency in the mix and poor bond strength between aggregate particles. High water content results in the paste reducing or eliminating the void system required for porosity. PART 3 EXECUTION 3.01 Subgrade and Base: A. Typical Subgrade Preparation: Scarify to a depth of 6 inches, water condition at least two percent over optimum and compact sub-grade to 95% as per ASTM D 1557-07 and place Geogrid. B. Fill: If fill material is required to bring the subgrade to final elevation, it shall be clean and free of deleterious materials. It shall be placed in 8-inch maximum layers and compacted by a mechanical vibratory compactor to a minimum density of 95% within 12 inches of the subgrade as established by ASTM D1557. C. Special Tree Root Zone Trail Subgrade Preparation Compaction: Check for yielding areas by proof-rolling with a loaded water truck or equivalent. Any yielding areas should be removed and replaced with compacted crushed rock. Place Geogrid. increase concrete placement time to 90 minutes and improve placement and finishing operations. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 PERVIOUS CONCRETE PAVING © 2022 TERRACON 32 13 14 Page 4 of 6 D. Base: Compacted to 95%. E. Moisture: The subgrade and base moisture content shall be 1% - 3% above optimum as determined by ASTM D1557. F. Owner shall inspect subgrade preparation, elevations, and conduct density tests for conformance to specifications. 3.02 Formwork: A. Forms may be of wood or steel and shall be the depth of the pavement. Forms shall be of sufficient strength and stability to support mechanical equipment without deformation of plan profiles following spreading, strike- off and compaction operations. Forms may have a removable spacer of ½” to ¾” thickness placed above the depth of pavement. The spacers are removed following placement and vibratory strike-off to allow roller compaction. 3.03 Mixing and Hauling: A. Mixing: Truck mixers shall be operated at the speed designated as mixing speed by the manufacturer for 75 – 100 revolutions. B. Transportation: The Pervious concrete mixture may be transported or mixed on site and shall be used within one (1) hour of the introduction of mix water to the cement unless a hydration stabilizer is utilized in the concrete mixture. Times may be extended to 90 minutes using a hydration stabilizer. C. Discharge: Each truckload will be inspected for consistency of concrete mixture as per the description listed under Water Content in the Materials section of this specification. Water may be added to obtain the required mix consistency. A minimum of 30 revolutions at the manufacturer’s designated mixing speed shall be required following the addition of any water to the mix. Discharge shall be a continuous operation and shall be completed as quickly as possible. Concrete shall be deposited as close to its final position as practical and such that fresh concrete enters the mass of previously placed concrete. 3.04 Placing and Finishing: A. The Contractor shall provide either slip form or vibratory form riding equipment to place the concrete unless otherwise approved by the Owner in writing. No internal vibration shall be allowed. Normal placement procedures involve utilizing a mechanical vibratory screed to strike off the concrete ½” to 3/4” above final height, utilizing the form spacers described in Formwork. B. Workers shall avoid stepping on the plastic concrete immediately after its placement. Foot pressure can compress and force cement paste into the voids at the bottom of the slab, forming resistance to the percolation through the slab. Apparent defects in the surface shall be carefully remedied by placing fresh concrete into any depressions and compacting with a hand tamper. C. Following strike-off, remove spacers and compact the concrete to the form level, utilizing either a steel roller or a plate compactor or other method approved by the Owner. This compaction secures the surface materials assuring pavement durability. Care shall be taken during compaction that sufficient compactive force is achieved without working the concrete surface enough to seal off the surface porosity. D. Hand tampers shall be used to compact the concrete along the slab edges immediately adjacent to the forms. After compacting and defect inspection and repair, no further finishing shall be performed on the concrete. Do not overwork the surface which can bring up too much paste and seal off the surface porosity. Surface shall be immediately cured. E. The pervious concrete pavement shall be compacted to the required cross-section and shall not deviate more than +/- 2/8 inch in 10 feet from profile grade. 3.05 Curing: A. Curing procedures shall begin no longer than 20 minutes after final placement operations. The pavement surface shall be covered with a minimum of six (6) mil thick heavy duty polyethylene sheet or other approved covering material. The cover shall overlap all exposed edges and shall be secured to prevent dislocation due to winds or adjacent traffic conditions. For additional guidance on hot weather concreting, see ACI 305. B. The low water/cement ratio and high amount of exposed surface of pervious concrete makes it especially susceptible to drying out. Keep the surface moist using a spray applied curing compound and/or evaporation retarder immediately after screeding. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 PERVIOUS CONCRETE PAVING © 2022 TERRACON 32 13 14 Page 5 of 6 C. The curing cover shall remain securely in place for 7 days minimum. No vehicular traffic shall be allowed on the pavement until curing is complete and no truck traffic shall be allowed for 14 days unless authorized by the Owner. 3.06 Jointing: A. Control (contraction) joints shall be installed at regular intervals not to exceed 10 feet. The control joints shall be installed at ¼ the depth (to a maximum depth of 1½”) of the thickness of the pavement. These joints can be installed in the plastic concrete or saw cut. B. Jointing plastic concrete: Joints installed in the plastic concrete are generally rolled in utilizing a small roller with a beveled flange welded to the circumference. This type of jointing is done immediately after roller compaction and prior to curing. C. Jointing hardened concrete: Joints may be saw-cut using an early entry saw. Saw-cuts shall be made as soon as the pavement has hardened sufficiently to prevent raveling and uncontrolled cracking. Early entry sawing occurs later with pervious concrete than with conventional concrete. For either method, the curing cover shall be removed and the surface kept misted to prevent moisture loss. After sawing the curing cover shall be securely replaced for the remainder of the curing cycle. D. Transverse construction joints: Transverse construction joints shall be installed whenever placing is suspended for 30 minutes or whenever concrete is no longer workable. Isolation joints: E. Isolation Joints: Isolation joints shall used when abutting fixed vertical structures such i.e. light pole bases, building foundations, etc. Use preformed expansion joint filler per ASTM D1751 and Caltrans Standard Specification Section 73. 3.07 Quality Control: A. Inspection and testing maybe performed by the Owner for Owner’s sole convenience. Re-testing due to defective materials or workmanship will be back charged to the Contractor. The testing laboratory shall conform to the requirements of ASTM E329 and ASTM C1077. All personnel engaged in testing shall be certified by the American Concrete Institute as ACI Concrete Field Technicians and be able to present their wallet cards upon request. B. Traditional portland cement pavement testing procedures based on strength and slump control are not applicable to this type of pavement material. Concrete tests shall be performed for each 150 cubic yards or fraction thereof with a minimum of one test for each day’s placement. C. Plastic concrete shall be sampled in accordance with ASTM C 172 and tested for unit weight in accordance with ASTM C 29 using the jigging procedure for compaction. The unit weight of the delivered concrete shall be +/- 5 pcf of the design unit weight. D. Plastic void content shall be calculated as per ASTM C138, Gravimetric Air Determination and compared to the void percentage used in Hydraulic design. Void content shall normally be between 15% and 25%. E. Hardened concrete shall be tested at a rate of one set of three cores per 150 cy of concrete placed on one day or fraction thereof. The cores shall be drilled in accordance with ASTM C 42. The cores when measured for length shall not be less than the specified design thickness. F. The cores shall be tested for saturated unit weight using ASTM C42 and void content using ASTM C140. Measured unit weight shall be +/- 5 pcf of the design unit weight. Measured void content shall not be less than the void content used in the hydraulic design. PART 4 – MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The work performed under this Section will be measured by the square foot in place. 4.02 PAYMENT A. The contract square foot price paid for Pervious Concrete Paving shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete and in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. Pervious concrete pavement shall be paid for based on the square foot of in-place product including all subgrade and base materials and preparation. Payment shall be reduced for the following deficiencies: BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 PERVIOUS CONCRETE PAVING © 2022 TERRACON 32 13 14 Page 6 of 6 Deficiency Measurement Payment Reduction Thickness - ½” to – 1” 25% Thickness Greater than – 1” remove and replace Void Content Less than 15% 25% END OF SECTION 32 13 14 BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 PAVEMENT MARKINGS © 2022 TERRACON 32 17 23 Page 1 of 2 SECTION 32 17 23: PAVEMENT MARKINGS PART 1 - GENERAL 1.01 Section includes: A. Preparation for painting pavements and curbs. B. Painting parking stall striping, symbols, and lettering. 1.02 Reference Standards: A. CalTrans Standard Details. 1.03 Submittals: A. Product Data: Pavement marking materials and colors. 1.04 Quality Assurance: A. Pre-Installation Meeting: 1. Coordinate and attend meeting prior to painting. 2. Attendees to include paving contractor/installer, Owner, and Engineer. 3. Agenda: a. Owner expectations and installation requirements. b. Sequence of Work, schedule, and responsibilities. c. Existing pavement conditions and whether hot sprayed thermoplastic is suitable application for a parking lot because of pavement conditions. 1.05 Regulatory Requirements: A. Comply with CalTrans standards. 1.06 Environmental Requirements: A. Pavement must be clean and dry. B. Comply with manufacturer’s recommendations. PART 2 – PRODUCTS 2.01 Paint: A. Parking Stalls and ADA Access Aisles, Pedestrian Pathways, No-Parking Markings, Symbols, Lettering, Parking Stall End Bands, and all other Pavement Markings - Outdoor: 1. Reflectorized thermoplastic marking material for parking stalls and symbols in accordance with CalTrans Standard Specification PTH-02ALKYD. PART 3 – EXECUTION 3.01 Examination A. Verify surface is ready to receive marking material. B. Verify surfaces to receive marking material are dry and free of loose debris. C. Verify weather forecast during planned time of placement is within weather limitations. D. For parking lots, verify distance between curbs to ensure adequate width for the indicated number of stalls. E. For thermoplastic application on existing pavement, assess pavement to verify whether pavement conditions are suitable for hot sprayed thermoplastic. 3.02 Construction: A. Comply with CalTrans Standard Specification PTH-02ALKYD. 3.04 Tolerances: BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 PAVEMENT MARKINGS © 2022 TERRACON 32 17 23 Page 2 of 2 3.05 Field Quality Control: A. Inspection: Owner will observe Work at the following milestones: 1. After completion of surface preparation and before installing preliminary pavement marking layouts. 2. After completion of preliminary pavement marking layouts. Owner will check dimensions of parking stall layouts. 3. After completion of pavement markings. 3.06 Protection: A. Protect markings per CalTrans Standard Specification PTH-02ALKYD. END OF SECTION 32 17 23 BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 TACTILE WARNING SURFACING © 2022 TERRACON 32 17 26 Page 1 of 3 SECTION 32 17 26 – TACTILE WARNING SURFACING PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Surface applied detectable warning tiles. 1.02 REFERENCES A. California Building Code Chapter 11B. B. American Society for Testing and Materials (ASTM) Test Methods B 117, C 501, C 1028, D 543, D 570, D 638, D 695, D 790, G 151, G 155, and E 84. 1.03 SUBMITTALS A. Product Data: For each type of product, submit manufacturer's literature describing products. B. Shop Drawings: For each type of tactile warning surface. 1. Submit standard manufacturer shop drawings showing all pertinent characteristics and installation methods. 1.04 SITE CONDITIONS A. Cold‐Weather Protection: Do not use frozen materials or materials mixed or coated with ice or frost. Do not build on frozen subgrade or setting beds. Remove and replace unit paver work damaged by frost or freezing. B. Weather Limitations for Adhesive Application: 1. Apply adhesive only when ambient temperature is above 50° F and when temperature has not been below 35° F for 12 hours immediately before application. Do not apply when substrate is wet or contains excessive moisture. C. Weather Limitations for Mortar and Grout: 1. Cold‐Weather Requirements: Comply with cold‐weather construction requirements contained in ACI 530.1/ASCE 6/TMS 602. 2. Hot‐Weather Requirements: Comply with hot‐weather construction requirements contained in ACI 530.1/ASCE 6/TMS 602. Provide artificial shade and windbreaks, and use cooled materials as required. Do not apply mortar to substrates with temperatures of 100° F and higher. a. When ambient temperature exceeds 100° F or when wind velocity exceeds 8 mph and ambient temperature exceeds 90° F, set unit pavers within 1 minute of spreading setting‐bed mortar. D. Grade Control: Establish and maintain required lines, grades and elevations. 1.05 WARRANTY A. Warranty: Manufacturer agrees to repair or replace components of tactile warning surfaces that fail in materials within specified warranty period. 1. Warranty Includes: manufacturing defects, breakage, and deformation. 2. Warranty Period: Five years from date of Substantial Completion. PART 2 PRODUCTS 2.01 PERFORMANCE REQUIREMENTS A. Compliance: Tactile Warning Tiles: Compliant with California Building Code Chapter 11B requirements. B. Test Criteria: Meet or exceed the following test criteria, using the most current test methods. 1. Water Absorption: Not to exceed 0.20 percent, when tested in accordance with ASTM D 570. 2. Slip Resistance: 0.80 minimum combined wet/dry static coefficient of friction, when tested in accordance with ASTM D 695. 3. Compressive Strength: 25,000 psi minimum, when tested in accordance with ASTM C 1028. BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 TACTILE WARNING SURFACING © 2022 TERRACON 32 17 26 Page 2 of 3 4. Tensile Strength: 10,000 psi minimum, when tested in accordance with ASTM D 638. 5. Flexural Strength: 25,000 psi minimum, when tested in accordance with ASTM D 790. 6. Chemical Stain Resistance: No reaction to 1 percent hydrochloric acid, motor oil, calcium chloride, gum, soap solution, bleach, and antifreeze, when tested in accordance with ASTM D 543. 7. Abrasion Resistance: 300 minimum, when tested in accordance with ASTM C 501. 8. Flame Spread: 25 maximum when tested in accordance with ASTM E 84. 2.03 DETECTABLE WARNING TILES A. Accessible truncated‐dome detectable warning tiles: 1. Surface Applied: surface application on existing or new concrete walkway surfaces, with slip‐resistant surface treatment on domes; large perimeter beveled edges for smooth transition, secured with color matched fasteners, and structural adhesive. Surface applied tiles are 3/16 inch thick with beveled edges. B. Basis‐of‐Design Product: Subject to compliance with requirements, provide ADA Solutions, Inc.; Cast in Place Detectable Warning Tile or comparable product by one of the following: 1. Armorcast Products Co. 2. Detectile, Inc. C. Material: Homogeneous glass and carbon composite material which is colorfast and UV stable. D. Color: Uniform throughout, and not reliant on any type of paint coating to achieve color stability. Federal Yellow (Y) per Federal Standard 595B Table IV, Color No. 33538. E. Shapes and Sizes: 1. Rectangular panel, 1.67 inch or 2.35 inch dome spacing: 24 by 48 inches. 2. Radius panel, 1.6 ‐ 2.4 inch dome spacing: nominal 24 inches deep by 33.25 inches with reverse score lines on each 24 inch dimension for radius condition. F. Mounting: 1. Surface Applied: Adhered and fastened to existing concrete substrate. 2.04 ACCESSORIES A. Fasteners and Anchors: Manufacturer's standard as required for secure anchorage of tactile warning surfaces, noncorrosive and compatible with each material joined, and complying with the following: 1. Furnish color appropriate nylon sleeve, stainless‐steel fasteners for exterior use. 2. Fastener Heads: For nonstructural connections, use flathead or oval countersunk screws and bolts with tamper‐resistant heads, colored to match tile. B. Adhesive: As recommended by manufacturer for adhering tactile warning surfacing unit to substrate. C. Sealant: As recommended by manufacturer for sealing perimeter of tactile warning surfacing unit. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that concrete is in suitable condition to begin installation according to manufacturer's written instructions. Verify that installation of tactile warning surfacing will comply with accessibility requirements upon completion. 3.02 INSTALLATION OF TACTILE WARNING SURFACING A. General: Prepare substrate and install tactile warning surfacing according to manufacturer's written instructions unless otherwise indicated. B. Place tactile warning surfacing units in dimensions and orientation indicated in contract documents. 3.03 INSTALLATION OF DETECTABLE WARNING TILES A. Surface Applied Detectable Warning Tiles: BLACKBERRY FARMS POOL IMPROVEMENTS AQUATIC FACILITY RENOVATION NOVEMBER 4, 2022 BE206069 TACTILE WARNING SURFACING © 2022 TERRACON 32 17 26 Page 3 of 3 1. Tile Installation: Follow manufacturer's detailed installation guidelines. 2. Cutting of Surface Applied Tiles may be required to accommodate specific site conditions. Attempts shall be made to minimize cutting of the tiles. Minimum acceptable width of the cut tile shall be 9 inches. 3. Apply adhesive following the manufacturer’s instructions. 4. Use mechanical fasteners per the manufacturer’s instructions. 5. Set the tiles true and square to the area designated for tactile warnings. 6. Following the installation of the tiles, apply sealant per the manufacturer’s instructions. 7. Allow foot traffic on the installed tiles after a minimum of 24 hours or per the manufacturer’s instructions, whichever is longer. 3.04 CLEANING AND PROTECTION A. Protect detectable warning tiles against damage during construction period to comply with tile manufacturer's specifications. B. During and after the detectable warning tiles installation and the concrete curing stage, it is imperative that there are no walking, leaning, or external forces placed on the tile to rock the tile, causing a void between the underside of the tile and the concrete substrate. C. Remove protective plastic sheeting from detectable warning tiles within 24 hours of installation. D. Clean tiles not more than four days prior to date scheduled for inspection intended to establish date of substantial completion in each area of the project. END OF SECTION 32 17 26 2. 3 " M I N . 2. 4 M A X . 2.3" MIN. 2.4 MAX. 0.45" MIN. 0.47" MAX. O.90" MIN. 0.92" MAX. .2" NOTE: USE FEDERAL YELLOW CAST IN PLACE COMPOSITE TACTILE BY ADA SOLUTIONS, INC. OR CITY APPROVED EQUAL. INSTALL PER MANUFACTURER'S SPECIFICATIONS. TRUNCATED DOME WARNING N.T.S. 6 NO PARKING ADA PARKING STALL REQUIREMENTS 1/4" = 1'-0" 3 12'-0"5'-0"9'-0" INTERNATIONAL SYMBOL OF ACCESSIBILITY 36" x 36" MIN (WHITE SYMBOL ON BLUE BACKGROUND) ACCESSIBLE PARKING STRIPING: 4" WIDE (TYP.) COLOR = BLUE 6'-0"6'-0"4'-6"4'-6" ACCESS AISLE PER IBC 11B-502.3 BORDER=BLUE ℄℄ WOOD POST MOUNTED ADA PARKING SIGN (TYP.) ACCESS AISLE STRIPING: 4" WIDE WHITE OR BLUE @ 36" O.C. 36" O.C. TYP (E) LANDSCAPING 12" HIGH MINIMUM WHITE LETTERS 3' - 0 " 5' - 0 " (E) RAISED CURB (E) WALKWAY (TYP.)(E) FENCE 18 ' - 0 " (VAN ACCESSIBLE STALL) 36" MIN. FENCE FABRIC 1 16" THICK x 13 8" WIDE STEEL STRAP DRILL HOLES AS REQUIRED CUT FLUSH WITH NUT TAMPER PROOF CAP NUT SIGN 1 4" Ø CARRIAGE BOLT NOTES: 1.ALL HARDWARE HOT DIPPED GALVANIZED. 2.LOCATE SIGNS WHERE DIRECTED BY DISTRICT. SIGN MOUNT ON FENCING N.T.S. 7 ADA PARKING SIGN 3/4" = 1'-0" 5 PARKING ONLY VAN ACCESSIBLE 18" 3"Ø GALVANIZED POLE, WHEN APPLICABLE WHERE OCCURS 80" MIN AFF NOTES: 1.ALL TEXT TO BE MIN 1" HIGH WHITE LETTERS ON BLUE BACKGROUND. 2.SIGNS TO BE REFLECTIVE. 3.ISA PROPORTIONS PER CBC FIGURE 11B-C. 4.ADA SIGN TO BE LOCATED AT THE CENTER OF EACH ADA PARKING STALL. 5.TOW AWAY SIGN TO BE LOCATED AT ENTRANCE(S) TO PARKING LOT. 6.VERIFY TOWING ADDRESS & PHONE NUMBER PRIOR TO SIGN FABRICATION. 27 " MINIMUM FINE $250 6" UNAUTHORIZED VEHICLES PARKED IN DESIGNATED ACCESSIBLE SPACES NOT DISPLAYING DISTINGUISHING PLACARDS OR SPECIAL LICENSE PLATES ISSUED FOR PERSONS WITH DISABILITIES WILL BE TOWED AWAY AT THE OWNER'S EXPENSE. TOWED VEHICLES MAY BE RECLAIMED AT ( ) OR BY CALLING ( ) CENTER TEXT ON SIGN SEE NOTE 6 18" 80" MIN AFF 27 " 18" 80" MIN AFF 27 " 9" EMBED 1'-6" 3"Ø GALVANIZED STEEL POST METAL SIGN FINISHED CONCRETE WALKWAY 9"Ø 1 2" SLOPE CONCRETE FOOTING SIGN POST 3/4" = 1'-0" 4 NOTE: 1.SEE CITY STANDARD DETAIL 2-20 FOR POST SLEEVE AND ANCHOR REQUIREMENTS. SIGN MOUNTING AT FENCE 3/4" = 1'-0" 9 (E) 2X6 FENCE RAIL (TYP. 3 PL.) (E) 4X4 FENCE POST @ 6'-0" O.C. (E) CONCRETE WALK METAL SIGN (N) 4X4 P.T.D.F. @ ℄ EACH ACCESSIBLE STALL (2) 1 2" GALV. CARRIAGE BOLTS EA. POST (TYP.) (E) LANDSCAPING 80 " M I N . B.O. SIGN THREADED OR WELDED CAP 3"Ø GALVANIZED POLE METAL SIGN 3 16"Ø GALVANIZED BOLT (THRU SIGN) W/ GALVANIZED WASHER & NUT (ROUND HEAD BOLT) FIBER WASHER 1 4"Ø GALVANIZED "U" BOLT W/ GALVANIZED NUTS 1 8" THICK GALVANIZED BRACKET SIGN MOUNT ON POST 1" = 1'-0" 8 A0.1 REV 1 DATE DESCRIPTION APPROVED: REVIEWED: SCALE: PROJECT NO: 2 3 4 5 6 7 8 DRAWN: DATE: Copyright Ó RS+M, Inc.-All Rights Reserved-This document was prepared for use only by the client, only for the purposes stated, and within a reasonable time from issuance. Non-commercial, educational, and scientific use of this document by regulatory agencies is regarded as a "fair use" and not a violation of copyright. Regulatory agencies may make additional copies of this document for internal use. Copies may also be made available to the public as required by law. The reprint must acknowledge the copyright and indicate that permission to reprint has been received.2023 1981 N. BROADWAY, SUITE 202 WALNUT CREEK, CA 94596 PH. (925) 464-4600 www.rsm-de.com ROGERS STRINGER + MCCLELLAND 044-2301 BL A C K B E R R Y F A R M A Q U A T I C C E N T E R 21 9 7 9 S A N F E R N A N D O A V E N U E CU P E R T I N O , C A L I F O R N I A AS NOTED MAY 26, 2023 R. DINELLI R. BRAVO J. MCCLELLAND C-21797 JAMES P. McCLELLAND RENEWAL DATE 07/31/2023 LIC E N S E D ARCHI T E C T S T A T E OF CA L I F O R NIA ACCESSIBILITY PACKAGE 07/11/23 HD COMMENTS 09/07/23 PC COMMENTS AC C E S S I B I L I T Y D E T A I L S ACCESSIBILITY NOTES: 1.ALL WORK SHALL ADHERE TO REQUIREMENTS OF THE CALIFORNIA BUILDING CODE CH 11B. ACCESSIBILITY STANDARDS (TAS) 2012 EDITION AND ALL AMENDMENTS THERETO BY THE LOCAL AUTHORITIES. 2.SANITARY FACILITIES AND DRINKING FOUNTAINS SHALL BE ACCESSIBLE TO THE PHYSICALLY DISABLED. 3.ALL PRIMARY ENTRANCES & EXITS TO BUILDINGS SHALL BE ACCESSIBLE. 4.MAXIMUM EFFORT TO OPERATE DOORS SHALL NOT EXCEED 8.5 POUNDS FOR EXTERIOR DOORS AND 5 POUNDS FOR INTERIOR DOORS, SUCH PUSH OR PULL EFFORT BEING APPLIED AT RIGHT ANGLES TO HINGED DOORS AND AT THE CENTER PLANE OF SLIDING OR FOLDING DOORS. FIRE DOORS ARE NOT TO EXCEED 15 POUNDS. 5.THRESHOLDS SHALL NOT EXCEED ½” IN HEIGHT AT 1:2 MAXIMUM SLOPE. 6.FLUSH CONTROLS SHALL BE HAND OPERATED AND SHALL BE MOUNTED 36 INCHES ABOVE THE FLOOR 7.WATER CLOSETS SHALL HAVE FLUSH CONTROL OSCILLATING LEVEL HANDLE MAXIMUM OPERATION FORCE NOT TO EXCEED 5 POUNDS. 8.AT WATER CLOSETS, VALVE HANDLES SHALL BE ON THE APPROACH SIDE OF THE FIXTURE. 9.ACCESSIBLE LAVATORIES SHALL BE MOUNTED WITH A CLEARANCE OF AT LEAST 29 INCHES FROM FLOOR TO THE BOTTOM OF THE APRON AND 8 INCHES FROM THE BOTTOM EDGE OF THE APRON TO ANY OBSTRUCTION, WITH KNEE CLEARANCE UNDER THE FRONT LIP EXTENDING A MINIMUM OF 17 INCHES DEEP FRONT OF THE LAVATORY. 10.HOT WATER AND DRAIN PIPES UNDER LAVATORIES SHALL BE INSULATED OR OTHERWISE COVERED. THERE SHALL BE NO SHARP OR ABRASIVE SURFACES UNDER LAVATORIES. 11.FAUCET CONTROLS AND OPERATING MECHANISMS SHALL BE OPERABLE WITH ONE HAND AND SHALL NOT REQUIRE TIGHT GRASPING, PINCHING OR TWISTING OF THE WRIST. THE FORCE SHALL BE NOT GREATER THAN FIVE POUNDS. 12.ALL WALKS AND SIDEWALKS ACCESSIBLE TO THE HANDICAPPED SHALL HAVE A CONTINUOUS COMMON SURFACE, NOT INTERRUPTED BY STEPS OR BY ABRUPT CHANGES IN LEVEL EXCEEDING ½ INCH, AND SHALL BE A MINIMUM OF 48 INCHES IN WIDTH. 13.SURFACES WITH A SLOPE OF LESS THAN 6 PERCENT GRADIENT SHALL BE AT LEAST AS SLIP-RESISTANT AS THAT DESCRIBED AS A MEDIUM BROOM FINISH. 14.SURFACE CROSS SLOPE SHALL NOT EXCEED 2% IN ANY DIRECTION. 15.WALKS, SIDEWALKS, AND PEDESTRIAN WAYS SHALL BE FREE OF GRATINGS WHENEVER POSSIBLE FOR GRATINGS LOCATED IN THE SURFACE OF ANY OF THESE AREAS, GRID OPENINGS IN GRATINGS SHALL BE LIMITED TO 1/2 INCH IN THE DIRECTION OF TRAFFIC FLOW. 16.ALL WALKS OR AREAS ADJACENT TO EACH ACCESS DOOR SHALL HAVE A LEVEL AREA NOT LESS THAN 60” X 60” WITH AT LEAST 24” WIDE LEVEL AREA EXTENDING FROM THE STRIKE SIDE OF THE DOOR. 17.EXTERIOR ACCESSIBILITY SIGNS: SEE: “IDENTIFYING DEVICES” IN THE SPECIFICATIONS. 18.ALL FACILITIES SHALL BE ACCESSIBLE FOR PHYSICALLY HANDICAPPED PER IBC CHAPTER 11B. 19.THE WIDTH OF THE LEVEL AREA ON THE SIDE TO WHICH DOOR SWINGS SHALL EXTEND 24 INCHES PAST THE STRIKE EDGE OF THE DOOR FOR EXTERIOR DOORS AND 18 INCHES PAST THE STRIKE EDGE OF INTERIOR DOORS. THE WIDTH OF THE LEVEL AREA ON THE OTHER SIDE OF EITHER DOOR SHALL EXTEND 12 INCHES PAST THE STRIKE SIDE EDGE OF THE DOOR. 20.ALL EMERGENCY EXITING ALARMS AND SIGNAGE SHALL COMPLY WITH FEDERAL, STATE AND MUNICIPAL CODES FOR ACCESSIBILITY. 21.GC SHALL ALLOW FOR APPLIED FINISH DIMENSIONS IN ADDITION TO STANDARD CONSTRUCTION TOLERANCES IN ACHIEVING ALL ACCESSIBILITY CLEARANCES PER DRAWINGS AND/OR TITLE 24 GUIDELINES. 22.ABRUPT CHANGES IN LEVEL ALONG ANY ACCESSIBLE ROUTE SHALL NOT EXCEED 1/2". WHEN THESE CHANGES DO OCCUR, THEY SHALL BE BEVELED WITH A SLOPE NO GREATER THAN 1:2, EXCEPT LEVEL CHANGES NOT EXCEEDING 1/4" VERTICAL. 23.ALL ACCESSIBLE ENTRANCES SHALL BE IDENTIFIED WITH AT LEAST ONE STANDARD UNIVERSAL ACCESSIBILITY SIGN AND WITH ADDITIONAL SIGNS AS REQ'D, VISIBLE FROM APPROACHING PEDESTRIAN WAYS. 24.TOILET ROOM ACCESSORY OPERATING PARTS SHALL BE WITHIN 40" AFF. 2 ADA THRESHOLD 3" = 1'-0" 1 1 4" MAX 1 4" MAX 1 2" MAX1 2 1 2" MAX PILE HEIGHTTHRESHOLD FINISHED FLOOR EVEN COMPRESSED CARPET 1 4" MAX BELOW THRESHOLD TRANSITION BETWEEN FLOOR FINISHES THRESHOLD LEVEL CHANGES ADA DOOR REQUIREMENTS 1/4" = 1'-0" 3 ADA DOOR REQUIREMENTS 1/4" = 1'-0" 5 ADA REQUIREMENTS 1/4" = 1'-0" 6ADA DOOR CLEARANCE REQUIREMENTS 1/4" = 1'-0" 9 60 " M I N 48 " M I N 54" PREF 48" MIN 32" MIN CLR 12" MIN IF DOOR HAS BOTH A CLOSER & A LATCH WHERE ADJACENT OBSTRUCTION OR WALL OCCURS 60" MIN DO O R W I D T H PL U S 4 2 " 24" MIN EXTERIOR & 18" MIN INTERIOR BEYOND STRIKE EDGE OF A GATE OR DOOR ON THE SIDE TOWARD WHICH IT SWINGS 18" MIN INTERIOR 24" MIN EXTERIOR DOOR WIDTH PLUS 18" MIN INTERIOR 24" MIN EXTERIOR 48" MIN 32" CLR 18" MIN INTERIOR 24" MIN EXTERIOR 12" MIN48 " M I N 54" MIN 44" MIN OR 48" MIN IF DOOR HAS BOTH A CLOSER & A LATCH 36" MIN 60 " M I N DOOR RAMP LANDING @ DOORWAY VESTIBULE CORRIDOR NOTES: 1.CLEAR SPACES MUST BE LEVEL TO PREVENT WHEELCHAIRS FROM ROLLING WHEN THE OCCUPANT RELEASES THE WHEEL GRIPS TO REACH FOR THE DOOR. 1 4" PER FOOT IS ALLOWED FOR DRAINAGE. 2.WHERE DOORS OPEN ONTO, BUT NOT INTO A CORRIDOR, THE REQUIRED LEVEL AREA BEYOND THE DOORS MAY BE A MINIMUM OF 48". FOR ADDITIONAL INFORMATION, REFER TO APPLICABLE NOTES ON TYPICAL ACCESSIBILITY NOTES SHEET. REQUIRED CLEAR SPACE PULL SIDE PUSH SIDE 32" CLR 32" CLR 90° 32" CLR 90° STOP CLEAR OPENINGS MUST BE BETWEEN THE DOOR IN IT'S 90 DEGREE OPENING POSITION & THE FACE OF THE STOP CLEAR OPENINGS FOR TWO LEAF DOORS MUST BE BETWEEN EITHER DOOR IN IT'S 90 DEGREE OPEN POSITION & THE EDGE OF THE OTHER DOOR AN ADULT SIZE WHEELCHAIR AVERAGES 27 INCHES IN WIDTH. THE REQUIRED 32 INCH CLEAR OPENING ALLOWS 2 1 2 INCHES ON EACH SIDE FOR HANDS. PASSAGE CLEARANCE DOUBLE DOOR SINGLE DOOR 36" TO 42" LEVER OR U-SHAPED HANDLE RUBBER BUMPER ON CHAIR 10" MIN BOTTOM RAIL OR PROVIDE KICK PLATE DOOR TYPE: 1.MINIMUM 10" HIGH SMOOTH SURFACE AT DOOR BOTTOM, EITHER ATTACHED PANEL OR BOTTOM RAIL. HARDWARE: 1.CAN BE OPENED FROM INSIDE WITHOUT USE OF KEY OR SPECIAL KNOWLEDGE OR EFFORT. 2.CAN BE OPENED BY SINGLE EFFORT LEVER-TYPE DEVICE (NOT REQUIRING GRASPING) MOUNTED 36" TO 44" AFF. 3.EFFORT TO OPERATE ALL DOORS & GATES SHALL NOT EXCEED 5 LBS. AUTOMATIC DOORS: 1.AUTOMATIC DOORS SHALL COMPLY WITH ANSI/BHMA A15610-1985. 2.SLOW OPENING, LOW POWERED, AUTOMATIC DOORS SHALL COMPLY WITH ANSI A15619-1984. 3.DOORS SHALL TAKE AT LEAST THREE SECONDS TO OPEN BEFORE BACK CHECKING AND NOT REQUIRE MORE THAN A 15-POUND FORCE TO STOP THE DOOR MOVEMENT. 4.THE DOOR OPENING FORCE OF A POWER-ASSISTED DOOR SHALL COMPLY WITH SECTION C-5212, IT'S CLOSING SHALL CONFORM WITH ANSI. 80 " M I N 27" MIN 4" MAX CLEAR WIDTH ANY AMOUNT 27" MIN 27" MAX 27" MAX 12" MAX CANE HITS POST OR PYLON BEFORE PERSON HITS OBJECT FIGURE A FIGURE B FIGURE C FIGURE D ADA DOOR REQUIREMENTS 1/8" = 1'-0" 2 48" MIN X (12" MIN) 24" PREF 18" MIN 60" MIN Y X Y 42" MIN 54" MIN Y 48" MIN X 24" MIN Y 42" MIN X 24" MIN NOTE: Y=48" MIN IF DOOR HAS BOTH A LATCH & CLOSER NOTE: X=36" MIN IF Y=60" X=42" MIN IF Y=54" NOTE: Y=54" MIN IF DOOR HAS CLOSER NOTE: Y=48" MIN IF DOOR HAS CLOSER NOTE: X=12" IF DOOR HAS BOTH A CLOSER & LATCH HINGE SIDE APPROACHES LATCH SIDE APPROACHES FRONT APPROACHES NOTE: ALL DOORS IN ALCOVES SHALL COMPLY WITH CLEARANCES FOR FRONT APPROACHES. ADA SIGNAGE 3/4" = 1'-0" 7 WOMEN RESTROOMS MEN PROPORTIONS INTERNATIONAL SIGN OF ACCESSIBILITY RAISED 5 8" INTERNATIONAL ACCESSIBILITY SYMBOL INTERNATIONAL SYMBOL OF ACCESS FOR HEARING IMPAIRED INTERNATIONAL TDD SYMBOL LETTERS & NUMBERS: 1.WIDTH TO HEIGHT RATIO BETWEEN 3:5 AND 1:1 2.STROKE WIDTH TO HEIGHT BETWEEN 1:5 AND 1:10 3.CONTRAST CHARACTERS & SYMBOLS WITH BACKGROUND 4.SANS SERIF CHARACTERS SIGNS & PICTOGRAMS: 1.PICTOGRAMS/PICTORIAL SYMBOL SIGNS SHALL BE ACCOMPANIED BY THE EQUIVALENT VERBAL DESCRIPTION PLACED DIRECTLY BELOW THE PICTOGRAM. THE BORDER DIMENSION SHALL BE 6" MIN HEIGHT. 2.CHARACTERS & BACKGROUNDS SHALL BE NON-GLARE CONTRASTING COLORS. 3.SIGNS/PICTOGRAMS SHALL BE INSTALLED ON THE WALL ADJACENT TO DOOR LEADING TO THE ROOM OR SPACE THEY DESCRIBE AND @ 60" AFF TO SIGN CENTERLINE & WHERE A PERSON MAY APPROACH WITHIN 3" OF SIGNAGE WITHOUT ENCOUNTERING PROTRUDING OBJECTS OF STANDING WITHIN THE DOOR SWING AREA. 4.VERTICAL CLEARANCE @ SUSPENDED SIGNS WITH MIN HEADROOM OF 80" REQUIRE MIN 3" CHARACTER HEIGHT MEASURED BY USING UPPERCASE "X" CHARACTERS & NUMBERS SHALL BE SIZED ACCORDING TO VIEWING DISTANCE FROM WHICH READ. LOWER CASE CHARACTERS PERMITTED. SIGN LOCATIONS: 1.ALL ACCESSIBLE ENTRANCES IDENTIFIED WITH MINIMUM OF ONE STANDARD SIGN. 2.ADDITIONAL DIRECTIONAL SIGNS ALONG ACCESSIBLE PATH OF TRAVEL REQUIRED. 3.BUILDING REMODELED TO PROVIDE ACCESSIBLE SANITARY FACILITIES FOR PUBLIC USE SHALL HAVE INFORMATION POSTED IN THE LOBBY AS PART OF THE BUILDING DIRECTORY. INTERNATIONAL SYMBOL OF ACCESSIBILITY: 1.STANDARD USED TO IDENTIFY ACCESSIBLE FACILITIES. 2.WHITE FIGURE ON BLUE BACKGROUND, COLOR #15090 ON FEDERAL STANDARD #595A. 3.WHEN ENFORCING AGENCY DETERMINES, IF APPROPRIATE, SPECIAL DESIGNS AND COLORS MAY BE APPROVED. BRAILLE: 1.USE CONTRASTED GRADE 2 BRAILLE DOTS TO BE .01 INCH ON CENTER IN EACH CELL. 2..02 INCH SPACE BETWEEN CELLS. 3.DOTS RAISED MIN .0025 INCH ABOVE BACKGROUND. Men Men Women MEN'S RESTROOM WOMEN'S RESTROOM Women 1" RAISED LETTERS, TYP 6"6" 6"6" 6"6" 16"16" 12 " Ø 12 " Ø 12" EQUILATERAL TRIANGLE 12" EQUILATERAL TRIANGLE GRADE 2 BRAILLE DETAIL NOTES: 1.LETTERS & NUMERALS SHALL BE RAISED 1 32", UPPERCASE, SANS SERIF OR SIMPLE SERIF TYPE, CONTRAST BACKGROUND COLOR, AND SHALL BE ACCOMPANIED WITH GRADE 2 BRAILLE. 2.RAISED CHARACTERS SHALL BE 5 8" HIGH MIN, 2" HIGH MAX. 3.SIGNS COLOR & CONTRAST SHALL BE DISTINCTLY DIFFERENT FROM THE COLOR & CONTRAST OF THE DOOR. DOOR SIGN DOOR SIGN DOOR SIGN DOOR SIGN WALL SIGN WALL SIGN RESTROOM SIGNAGE 3/4" = 1'-0" 10 Women WOMEN'S RESTROOM 60 " T O C E N T E R O F S I G N FINISH FLOOR WALL SIGN SEE NOTE 5 FOR MOUNTING HEIGHT EQ EQ 1'-0" DOOR SIGN ℄ DETAIL NOTES: 1.DOOR SIGN: SHALL BE CENTERED ON DOOR & MOUNTED 60" AFF. USE ADHESIVE ONLY AND CAULK EDGES W/ CLEAR SILICONE. 2.ROOM SIGN: RAISED & BRAILED CHARACTERS & PICTORIAL SYMBOL SIGNS. 3.FINISH CONTRAST: THE CHARACTERS & BACKGROUND OF SIGNS SHALL BE EGGSHELL, MATTE, OR OTHER NON-GLARE FINISH. 4.CHARACTERS & SIGNS: SHALL BE INSTALLED ON THE WALL ADJACENT TO THE LATCH SIDE OF THE DOOR. 5.THE BOTTOM OF THE HIGHEST LINE OF RAISED CHARACTERS TO BE A MAX OF 60" AFF. THE BOTTTOM OF THE LOWEST LINE OF BRAILLE TO BE A MIN. 48" AFF. RESTROOM SIGNANGE MOUNTING 3/4" = 1'-0" 11 ENTRANCE 6" M I N 6" MIN 6" M I N 6" MIN 6" M I N 6" MIN 40" MIN TO 70" MAX AFF VERSION A VERSION B VERSION C 40" MIN TO 70" MAX AFF 40" MIN TO 70" MAX AFF TYPICAL SIGN COLORS ·BLUE BACKGROUND ·WHITE ADA SYMBOLS ·WHITE LETTERING ·WHITE BORDER ·WHITE ARROWS NOTE: 1.ALL BUILDING ENTRANCES THAT ARE ACCESSIBLE TO & USABLE BY PERSONS WITH DISABILITIES SHALL BE IDENTIFIED WITH AT LEAST ONE STANDARD SIGN AND WITH ADDITIONAL DIRECTIONAL SIGNS, AS REQUIRED, TO BE VISIBLE TO PERSONS ALONG APPROACHING PEDESTRIAN WAYS. 2.SEE CITY STANDARD DETAIL 2-20 FOR POST SLEEVE AND ANCHOR REQUIREMENTS. ADA ENTRANCE/EXIT SIGNAGE 1 1/2" = 1'-0" 4 A0.2 REV 1 DATE DESCRIPTION APPROVED: REVIEWED: SCALE: PROJECT NO: 2 3 4 5 6 7 8 DRAWN: DATE: Copyright Ó RS+M, Inc.-All Rights Reserved-This document was prepared for use only by the client, only for the purposes stated, and within a reasonable time from issuance. Non-commercial, educational, and scientific use of this document by regulatory agencies is regarded as a "fair use" and not a violation of copyright. Regulatory agencies may make additional copies of this document for internal use. Copies may also be made available to the public as required by law. The reprint must acknowledge the copyright and indicate that permission to reprint has been received.2023 1981 N. BROADWAY, SUITE 202 WALNUT CREEK, CA 94596 PH. (925) 464-4600 www.rsm-de.com ROGERS STRINGER + MCCLELLAND 044-2301 BL A C K B E R R Y F A R M A Q U A T I C C E N T E R 21 9 7 9 S A N F E R N A N D O A V E N U E CU P E R T I N O , C A L I F O R N I A AS NOTED MAY 26, 2023 R. DINELLI R. BRAVO J. MCCLELLAND C-21797 JAMES P. McCLELLAND RENEWAL DATE 07/31/2023 LIC E N S E D ARCHI T E C T S T A T E OF CA L I F O R NIA ACCESSIBILITY PACKAGE 07/11/23 HD COMMENTS 09/07/23 PC COMMENTS AC C E S S I B I L I T Y D E T A I L S 6x10 GA STAINLESS STEEL PLATE WELDED TO STUDS - EXTEND (1) STUD BEYOND GRAB BAR @ EA END 6x10 GA STAINLESS STEEL PLATE W/ SATIN FINISH 11 2"11 2" 1 1 2" OD STAINLESS STEEL NON-ROTATING GRAB BAR CAPABLE OF SUPPORTING 250 OF POINT POUND LOADING 13 GA CONCEALED MOUNTING PLATE W/ 2 1 4" MB TILE FINISH 4 SET SCREWS PER ESCUTCHEON MARINE PLYWOOD @ WET AREAS 1 2" CEMENTITOUS BOARD TOILET PARTITION 11 2"11 2"13 GA CONCEALED MOUNTING PLATE W/ 2 1 4" MB 4 SET SCREWS PER ESCUTCHEON 1 1 2" OD STAINLESS STEEL NON-ROTATING GRAB BAR CAPABLE OF SUPPORTING 250 OF POINT POUND LOADING AT TOILET PARTITIONAT STUD WALL GRAB BAR ANCHORAGE 3" = 1'-0" 2 NOTE: INSTALL TILE PER TCNA SPECIFICATION NO. W244C-22. 32" CLR . ( S I N G L E ) 48" CRL . ( D O U B L E ) 5'-0" PLAN ELEVATION 17 " - 1 9 " CLEAR FLOOR SPACE FOLDING SHOWER SEAT ACCESSIBLE SHOWER CONTROLS 11 2" TYP 1 1 4"-2" Ø S.S. GRAB BARS TO BE NON-ROTATING AND CAPABLE OF SUPPORTING 250LB POINT LOADING, TYP 1'-10" 19" MIN. 27" MAX. 1'-6"2'-53 4"6" 15"-16" MAX. 30 " M I N 36 " M I N 19" MIN. 27" MAX.6" 2' - 0 " 4' - 0 " B R A C K E T T O T O P O F M O U N T I N G ACCESSIBLE SHOWER 3/4" = 1'-0"8 38 " M I N - 4 3 " M A X 6" MAX. 6" MIN. EA. SIDE 18" MIN. CLR. NOTES: 1.LOW DRINKING FOUNTAIN SHALL COMPLY W/ CBC 11B-602.1. 2.HIGH DRINKING FOUNTAIN SHALL COMPLY W/ CBC 11B-602.7 3.RECESSED FOUNTAIN BARRIERS SHALL BE 18" MIN. 19" MAX. CLEARANCE WHEN A SINGLE FOUNTAIN IS PERMITTED. 4.CONTRACTOR SHALL USE THE SIZE OF THE WATER FOUNTAIN TO BE USED TO SIZE THE BARRIERS ACCORDINGLY (COMPLYING W/ MANUFACTURER REQUIREMENTS & RECOMMENDATIONS). 5.SPOUT TO BE 5" MAX. FROM FRONT OF UNIT AND 15" MIN. FROM REAR OF UNIT. 6.PROVIDE WATER FLOW IN COMPLIANCE WITH CBC 11B-602.6. 7.CONTROLS SHALL BE IN COMPLIANCE WITH CBC 11B-602.3. DRINKING FOUNTAIN REQUIREMENTS 3/4" = 1'-0" 10 24" 9" MIN CLR 6" MAX 11" MIN 17" MIN 27 " M I N . C L R . 34 " M A X . INSULATE ALL EXPOSED PIPES AND DRAINS WITH PRE-FORMED WHITE PLASTIC IMPERVIOUS SURFACE INSULATION SYSTEM REQUIRED CLEAR SPACE 8" MIN ACCESSIBLE LAVATORY SINK 3/4" = 1'-0" 5 1 1 2" M I N . 39 " - 4 1 " C O N T R O L A R E A 29 " M I N . C L R . PROVIDE ADJUSTABLE HEIGHT SHOWER HEAD HAND HELD SHOWER HEADS TO BE PROVIDED WITH AN ON/OFF CONTROL WITH NON-POSITIVE SHUT OFF PROVIDE 59" MIN. HOSE FOR HAND HELD HEADS 44 " M I N 27 " M I N M A T C H D . F . D E P T H 1 1 36 " M A X . SP O U T H E I G H T 2 5 3 5' - 0 " M I N 5'-6" MIN 60" MIN 32 " M I N 11 2" T Y P 1 1 4"-2" Ø S.S. GRAB BARS TO BE NON-ROTATING AND CAPABLE OF SUPPORTING 250LB POINT LOADING, TYP 12" 24" MIN 1' - 6 " 1' - 6 " 30 " M I N SEAT COVER DISPENSER TOILET PAPER DISPENSER 35 " - 3 7 " 60" MIN 44" MIN 32 " M I N 11 2" T Y P 1 1 4"-2" Ø S.S. GRAB BARS TO BE NON-ROTATING AND CAPABLE OF SUPPORTING 250LB POINT LOADING, TYP BOTH SIDES 12"42" 24" MIN EQ EQ ACCESSIBLE COMPARTMENT DOORS SHALL BE PROVIDED A CLOSER AND REQUIRE AND OPENING EFFORT NOT TO EXCEED 5LBS PER CBC SEC. 11B-604.8.1.2 24" MIN 60" MIN 48" MIN 32 " 33 " - 3 6 " 6"℄℄ ℄ METAL BACKING PLATE FOR GRAB BAR METAL BACKING PLATE FOR GRAB BAR 6" ADA ACCESSIBLE TOILET CLEARANCE 1/2" = 1'-0"4AMBULATORY TOILET CLEARANCE 1/2" = 1'-0"7 GRAB BAR MOUNTING PLATES 1/2" = 1'-0" 1 1' - 0 " 40 " M A X TY P T O P O F CO N T R O L S 9" M I N 29 " C L R 34 " M A X 40 " M A X 4"1'-5" THERMAL SHIELD @ HOT WATER & DRAIN PIPES 30" MIN 12 " M A X 60 " M I N 17 " M A X 44 " M A X T O FL U S H V A L V E EXTEND PARTITION 6" MIN BEYOND THE OUTMOST FRONT LIP OF URINAL 7" MIN 9" MAX 17 " M I N 19 " M A X 19 " T O C N T R 17" MIN 18" MAX 24" MIN 12 MAX 42" MIN 54" MIN 33 " 24" MIN 12" MIN 36" MIN 12"x14"x4" HIGH 1 4" BENT STEEL BARRIER CURB 36 " M I N 48 " M A X 1 42" GRAB BAR 36" GRAB BAR SOAP DISPENSER TOILET PAPER DISPENSER MIRROR TOILET URINAL LAVATORY SINK GRAB BAR BACKING PLATE WALL MOUNTED SOAP DISPENSER TOILET PARTITION URINAL PARTITION PAPER TOWEL DISPENSER & WASTE RECEPTACLE SANITARY NAPKIN, TAMPON/CONDOM VENDER SURFACE MOUNTED PAPER TOWEL DISPENSER SURFACE MOUNTED WASTE RECEPTACLE ELECTRICAL HAND DRYER BABY CHANGING STATION TOILET SEAT COVER DISPENSER SANITARY NAPKIN DISPOSAL 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TOILET ACCESSORIES & FIXTURES KEY NOTES: 1.ALL SWITCHES/CONTROLS/THERMOSTATS, ETC. ARE TO BE INSTALLED AT A RANGE OF 15" TO 48" FOR FORWARD REACH, OR 9" TO 54" FOR SIDE REACH, ABOVE THE FLOOR (CBC 1117B.6.3 AND CEC 380). 2.RECEPTACLE OUTLETS ARE TO BE INSTALLED AT LEAST 15" ABOVE THE FLOOR (CBC 1117B.6.3 AND CEC 210). 3.FAUCET CONTROLS AND OPERATING MECHNISMS AT TOILET ROOMS. CONTROLS SHALL BE SUCH THAT THEY SHALL: A.BE OPERABLE WITH ONE HAND AND SHALL NOT REQUIRE GRASPING, PINCHING, OR TWISTING OF THE WRIST B.REQUIRE NO MORE THAN 5 LBS FORCE TO ACTIVATE C.BE LEVER OPERATED, PUSH TYPE, ELECTRONICALLY CONTROLLED, OR SIMILAR (CBC 11B-309 AND 11B-606.4.) 1 4 6 2 6 6 941 712 12 8 10 8 5 13 14 15 16 17 18 19 20 LIGHT SWITCHES21 2111 MOUTING HEIGHTS-RESTROOM FIXTURES & ACCESSORIES 1/4" = 1'-0" 3 34 " M A X 3 40 " M A X 2'-0" 5 FRONT LIP OF URINAL SHALL PROTRUDE 13 1 2" MIN. FROM WALL. 28 " T O 34 " M A X . DRESSING ROOM BENCH 1/4" = 1'-0" 9 PLAN _ SECTION _ 24" MAX. 17 " M I N . 19 " M A X . RE-USE EXISTING MOUNTING BRACKETS BENCH AND MOUNTING SHALL WITHSTAND 250 LB LOAD APPLIED AT ANY POINT. (E) WALL 48 " M I N . REDUCE BENCH DEPTH TO MIN. 20" TO MAX. 24" CUT BENCH AT AN EXISTING BLOCK SEAM. SAND SMOOTH ALL EDGES AND RE-SEAL. 33 " A0.3 REV 1 DATE DESCRIPTION APPROVED: REVIEWED: SCALE: PROJECT NO: 2 3 4 5 6 7 8 DRAWN: DATE: Copyright Ó RS+M, Inc.-All Rights Reserved-This document was prepared for use only by the client, only for the purposes stated, and within a reasonable time from issuance. Non-commercial, educational, and scientific use of this document by regulatory agencies is regarded as a "fair use" and not a violation of copyright. Regulatory agencies may make additional copies of this document for internal use. Copies may also be made available to the public as required by law. The reprint must acknowledge the copyright and indicate that permission to reprint has been received.2023 1981 N. BROADWAY, SUITE 202 WALNUT CREEK, CA 94596 PH. (925) 464-4600 www.rsm-de.com ROGERS STRINGER + MCCLELLAND 044-2301 BL A C K B E R R Y F A R M A Q U A T I C C E N T E R 21 9 7 9 S A N F E R N A N D O A V E N U E CU P E R T I N O , C A L I F O R N I A AS NOTED MAY 26, 2023 R. DINELLI R. BRAVO J. MCCLELLAND C-21797 JAMES P. McCLELLAND RENEWAL DATE 07/31/2023 LIC E N S E D ARCHI T E C T S T A T E OF CA L I F O R NIA ACCESSIBILITY PACKAGE 07/11/23 HD COMMENTS 09/07/23 PC COMMENTS AC C E S S I B I L I T Y D E T A I L S 2 2 SITE ACCESSIBILITY ENTRANCE PLAN 1" =20'1 KEEP CLEAR EXISTING RECREATION POOL EXISTING SLIDE POOL EXISTING ACCESSIBLE PATH OF TRAVEL EX I S T I N G A C C E S S I B L E P A R K I N G SE E N O T E # 7 VA N E1 E2 E3 E4 A0.1 3 A0.1 9 TYP. HEAD OF ALL STALLS TYP. 9 PL. TYP. 9 PL.A0.1 5 POOL HOUSE RECREATION POOL LI F E G U A R D B U I L D I N G CO N C E S S I O N S T A N D D.F. ACCESSIBLE ENTRANCE D.F. D.F. A0.1 5 ACCESSIBILITY LIFT ACCESSIBILITY LIFT S A N F E R N A N D O A V E N U E 4 0 0 F T . RAISED SIDEWALK SLOPE = NON COMPLIANT (± 10%) UNREASONABLE HARDSHIP ITEM. P R I V A T E E N T R A N C E R O A D REV 1 DATE DESCRIPTION APPROVED: REVIEWED: SCALE: PROJECT NO: 2 3 4 5 6 7 8 DRAWN: DATE: Copyright Ó RS+M, Inc.-All Rights Reserved-This document was prepared for use only by the client, only for the purposes stated, and within a reasonable time from issuance. Non-commercial, educational, and scientific use of this document by regulatory agencies is regarded as a "fair use" and not a violation of copyright. Regulatory agencies may make additional copies of this document for internal use. Copies may also be made available to the public as required by law. The reprint must acknowledge the copyright and indicate that permission to reprint has been received.2023 1981 N. BROADWAY, SUITE 202 WALNUT CREEK, CA 94596 PH. (925) 464-4600 www.rsm-de.com ROGERS STRINGER + MCCLELLAND 044-2301 BL A C K B E R R Y F A R M A Q U A T I C C E N T E R 21 9 7 9 S A N F E R N A N D O A V E N U E CU P E R T I N O , C A L I F O R N I A AS NOTED MAY 26, 2023 R. DINELLI R. BRAVO J. MCCLELLAND C-21797 JAMES P. McCLELLAND RENEWAL DATE 07/31/2023 LIC E N S E D ARCHI T E C T S T A T E OF CA L I F O R NIA ACCESSIBILITY PACKAGE 07/11/23 HD COMMENTS 09/07/23 PC COMMENTS SD1.0 SI T E A C C E S S I B I L I T Y E N T R A N C E P L A N ACCESSIBILITY NOTES: 1.ACCESSIBLE PATH OF TRAVEL AS INDICATED ON PLAN IS A BARRIER FREE ACCESS ROUTE WITHOUT ANY ABRUPT LEVEL CHANGES EXCEEDING 1 4" MAX AND AT LEAST 48" IN WIDTH. 2.PATH SURFACE IS STABLE, FIRM, AND SLIP RESISTANT. 3.PATH CROSS SLOPE DOES NOT EXCEED 1:48 AND SLOPE IN THE DIRECTION OF TRAVEL IS LESS THAN 1:20, UNLESS NOTED OTHERWISE. 4.ACCESSIBLE PATH OF TRAVEL SHALL BE MAINTAINED FREE OF OVERHANGING OBSTRUCTIONS TO 80" MINIMUM AND PROTRUDING OBJECTS GRATER THAN 4" PROJECTION FROM WALL AND ABOVE 27" AND LESS THAN 80". 5.SEE TERRACON ACCESSIBILITY ASSESSMENT REPORT DATED MARCH 10, 2022 6.REFER TO SHEET SP1.2 FOR POOL ACCESSIBLE LIFT INFORMATION. 7.RESTRIPE ACCESSIBLE STALL PER DETAIL 3/A0.1. SEE ALSO TERRACON ACCESSIBILITY ASSESSMENT REPORT DATED MARCH 10, 2022, FINDINGS 2 THROUGH 6. 8.EXISTING ENCLOSURE FENCE = 8'-0" HIGH W/ 1-3/4" WEAVE. 9.EXISTING ENCLOSURE GATES = 4'-0" X 7'-0". EACH (E) GATE SHALL BE IN COMPLIANCE WITH DETAILS 2,3 AND 5 SHEET A0.2 INCLUDES CLOSER, KICKPLATE, PANIC HARDWARE. DESIGN PROFESSIONAL IN GENERAL RESPONSIBLE CHARGE STATEMENT: THE PATH OF TRAVEL IDENTIFIED IN THESE CONSTRUCTION DOCUMENTS IS COMPLIANT WITH THE CURRENT APPLICABLE CALIFORNIA BUILDING CODE ACCESSIBILITY PROVISIONS FOR PATH OF TRAVEL REQUIREMENTS FOR ALTERATIONS, ADDITIONS AND STRUCTURAL REPAIRS. AS PART OF THE DESIGN OF THIS PROJECT, THE PATH OF TRAVEL WAS EXAMINED AND ANY ELEMENTS, COMPONENTS OR PORTIONS OF THE PATH OF TRAVEL THAT WERE DETERMINED TO BE NONCOMPLIANT 1) HAVE BEEN IDENTIFIED AND 2) THE CORRECTIVE WORK NECESSARY TO BRING THEM INTO COMPLIANCE HAS BEEN INCLUDED WITHIN THE SCOPE OF THIS PROJECT'S WORK THROUGH DETAILS, DRAWINGS, AND SPECIFICATIONS INCORPORATED INTO THESE CONSTRUCTION DOCUMENTS. ANY NONCOMPLIANT ELEMENTS, COMPONENTS, OR PORTIONS OF THE PATH OF TRAVEL THAT WILL NOT BE CORRECTED BY THIS PROJECT BASED ON VALUATION THRESHOLD LIMITATIONS OR A FINDING OF UNREASONABLE HARDSHIP ARE SO INDICATED IN THESE CONSTRUCTION DOCUMENTS. DURING CONSTRUCTION, IF PATH OF TRAVEL ITEMS WITHIN THE SCOPE OF THE PROJECT REPRESENTED AS CODE COMPLIANT ARE FOUND TO BE NONCONFORMING BEYOND REASONABLE CONSTRUCTION TOLERANCES, THEY SHALL BE BROUGHT INTO COMPLIANCE WITH THE CBC AS A PART OF THIS PROJECTS BY MEANS OF A CONSTRUCTION CHANGE DOCUMENT. ACCESSIBLE PARKING TOTAL PARKING SPACES PROVIDED 165 ACCESSIBLE PARKING SPACES REQUIRED 6 (1 VAN) ACCESSIBLE PARKING SPACES PROVIDED 9 (1 VAN) 0 Approximate Scale (Feet) 40'20' LEGEND ACCESSIBLE PATH OF TRAVEL PATH OF TRAVEL HARDSHIP ITEM 2 2 2 KEEP CLEAR EXITING PLAN 1" =20'1 3838 38 13 9 353 4 27 1 5 5 208 50 158 158 50 208 38 50 EXISTING SIDEWALK EXISTING FENCE LINE EXISTING PLANTER 145 208 50 50 185 215 214 353 E1 E2 E3 E4 SLIDE POOL POOL HOUSE RECREATION POOL LI F E G U A R D B U I L D I N G CO N C E S S I O N S T A N D REV 1 DATE DESCRIPTION APPROVED: REVIEWED: SCALE: PROJECT NO: 2 3 4 5 6 7 8 DRAWN: DATE: Copyright Ó RS+M, Inc.-All Rights Reserved-This document was prepared for use only by the client, only for the purposes stated, and within a reasonable time from issuance. Non-commercial, educational, and scientific use of this document by regulatory agencies is regarded as a "fair use" and not a violation of copyright. Regulatory agencies may make additional copies of this document for internal use. Copies may also be made available to the public as required by law. The reprint must acknowledge the copyright and indicate that permission to reprint has been received.2023 1981 N. BROADWAY, SUITE 202 WALNUT CREEK, CA 94596 PH. (925) 464-4600 www.rsm-de.com ROGERS STRINGER + MCCLELLAND 044-2301 BL A C K B E R R Y F A R M A Q U A T I C C E N T E R 21 9 7 9 S A N F E R N A N D O A V E N U E CU P E R T I N O , C A L I F O R N I A AS NOTED MAY 26, 2023 R. DINELLI R. BRAVO J. MCCLELLAND C-21797 JAMES P. McCLELLAND RENEWAL DATE 07/31/2023 LIC E N S E D ARCHI T E C T S T A T E OF CA L I F O R NIA ACCESSIBILITY PACKAGE 07/11/23 HD COMMENTS 09/07/23 PC COMMENTS SD1.1 EX I T I N G P L A N 0 Approximate Scale (Feet) 40'20' OCCUPANT LOAD CALCULATION AREA S.F.FACTOR OCC. LOAD. RECREATION POOL 3,036 20 152 RECREATION POOL DECK 4,169 15 278 SLIDE POOL 2011 20 100 SLIDE POOL DECK 4,727 15 315 POOL HOUSE MEN'S TOILET ROOM 177 50 4 POOL HOUSE WOMEN'S TOILET ROOM 350 50 7 POOL HOUSE MEN'S DRESSING ROOM 422 50 9 POOL HOUSE WOMEN'S DRESSING ROOM 630 50 13 PUBLIC MEN'S TOILET ROOM (LIFEGUARD BLDG.)243 50 5 PUBLIC WOMEN'S TOILET ROOM (LIFEGUARD BLDG.)235 50 5 RECREATION POOL MECHANICAL ROOM 619 300 2 SLIDE POOL MECHANICAL ROOM 382 300 1 TOTAL OCCUPANT LOAD 891 EXITS REQUIRED 3 EXITS EXITS PROVIDED 3 EXITS EXIT WIDTH REQUIRED 178 INCHES EXIT WIDTH PROVIDED 184 INCHES EACH EXISTING EXIT GATE = 4'-0" X 7'-0" (3'-8" CLEAR AT 90 DEGREES) EACH EXISTING EXIT GATE INCLUDES CLOSER, KICKPLATE, AND PANIC HARDWARE. KEEP CLEAR CIVIL SITE PLAN 1/32" = 1'-0"4 DISCONNECT (E) DECK DRAINAGE FROM SANITARY SEWER AND ROUTE TO CATCH BASIN PER DETAILS THIS SHEET CONTRACTOR TO VERIFY NO CONNECTION FROM THE DECK DRAIN TO THE SANITARY SEWER FROM THIS AREA DRAIN. CAP IF EXISTS INV 309 (E) CATCH BASIN DISCHARGE TO BIOSWALE SS SS SS SS SS SS SS SS SS SS SS .W. .W. .W. .W. .W. .W. .W. .W. .W. .W. .W. .W. SS .W. LEGEND WATER SANITARY SEWER STORM DRAIN (N) 6" DUCTTILE IRON PIPE 175' MAX, 1% SLOPE MIN. SAWCUT EXISTING PERMEABLE CONCRETE AND RESTORE TO MATCH EXISTNG CONDITIONS. SEE DETAIL 2/SD1.2 (E) CATCH BASIN RIM 304.40 INV 302.90 SD SD SD PIPE COVER NTS 1 PERVIOUS CONCRETE PAVING SECTION NTS 2 10 " (N) 6" DUCTILE IRON PIPE 2" HAND PLACED SAND AROUND THE PIPE BACKFILL PER SITE NOTES 4 (N) 6" PERVIOUS CONCRETE NOTE: CONTRACTOR TO DISCONNECT (E) DECK DRAINAGE PIPE FROM SANITARY SEWER AND RECONNECT TO (N) DUCTILE IRON PIPE (N) 6" DIP PIPE TO CATCH BASIN(E) 6" PVC DECK DRAINAGE PIPE FROM POOL DECK (N) 6" FERNCO COMPRESSION COUPLING PVC TO DIP CONNECTION NTS 3 C.J. VER. #3 @ 10" O.C. DOWELS INTO (E) CONCRETE W/#3 BARS @ 10" O.C. 8" OF 95% COMPACTED SUBGRADE 6" PCC 12" AB (CLASS 2) OG SD1.2 DE C K D R A I N A G E P L A N REV 1 DATE DESCRIPTION APPROVED: REVIEWED: SCALE: PROJECT NO: 2 3 4 5 6 7 8 DRAWN: DATE: Copyright Ó RS+M, Inc.-All Rights Reserved-This document was prepared for use only by the client, only for the purposes stated, and within a reasonable time from issuance. Non-commercial, educational, and scientific use of this document by regulatory agencies is regarded as a "fair use" and not a violation of copyright. Regulatory agencies may make additional copies of this document for internal use. Copies may also be made available to the public as required by law. The reprint must acknowledge the copyright and indicate that permission to reprint has been received.2023 1981 N. BROADWAY, SUITE 202 WALNUT CREEK, CA 94596 PH. (925) 464-4600 www.rsm-de.com ROGERS STRINGER + MCCLELLAND 044-2301 BL A C K B E R R Y F A R M A Q U A T I C C E N T E R 21 9 7 9 S A N F E R N A N D O A V E N U E CU P E R T I N O , C A L I F O R N I A AS NOTED MAY 26, 2023 R. DINELLI R. BRAVO J. MCCLELLAND C-21797 JAMES P. McCLELLAND RENEWAL DATE 07/31/2023 LIC E N S E D ARCHI T E C T S T A T E OF CA L I F O R NIA ACCESSIBILITY PACKAGE 07/11/23 HD COMMENTS 09/07/23 PC COMMENTS SITE NOTES: 1.PIPING IS SHOWN DIAGRAMMATICALLY. ACTUAL PIPE ROUTING SHALL BE DETERMINED BY THE CONTRACTOR ONSITE. 2.CONTRACTOR SHALL VERIFY THAT THE DECK DRAINAGE SYSTEM IS COMPLETELY DISCONNECTED FROM THE SANITARY SEWER SYSTEM. 3.ALL CONCRETE REMOVED SHALL BE REPLACED TO MATCH EXISTING ADJACENT CONDITIONS, PER DETAIL 2. 4.CONTRACTOR TO REFER TO THE CITY OF CUPERTINO'S EXISTING STREET TRENCH RESTORATION DETAIL FOR TRENCHING OF NEW SEWER PIPE. 4.1.NOTE: THE TRENCH SHALL BE CAPPED WITH PERMEABLE CONCRETE PER NOTE 3, ABOVE. 5.STORMWATER DATA 5.1.DECK AREA: 9,000 SF CONCRETE, ALL DRAINED INTO (E)AREA DRAINS ON THE DECK. 5.2.PARKING LOT AREA: 70,000 SF PERVIOUS CONCRETE , ASSUMED TO ALL DRAIN TO THE (E) BIORETENTION BASIN 5.3.(E) BIORETENTION BASIN: 2,800 SF 6.CONTRACTOR TO REFERENCE CITY OF CUPERTINO'S GENERAL NOTES. 7.APPROXIMATE LOCATIONS OF EXISTING UTILITIES SHOWN. CONTRACTOR TO VERIFY LOCATIONS OF AND AVOID CONFLICT WITH ALL OTHER UTILITIES. AMBULATORY STALL POOL HOUSE ACCESSIBILITY CORRECTIONS PLAN 1/4" = 1'-0"1 WOMENS RESTROOM 102 MENS RESTROOM 101 (E) POOL EQUIPMENT 100 (E) STORAGE 105 MENS DRESSING ROOM 104 WOMENS DRESSING ROOM 103 CHEMICAL STORAGE 100A .50 51 .42 .48 .46 45 44 . 47 .49 .6058.58 57 . 59 (E) 4X10 ABOVE .61 (E) 4X10 ABOVE .55 52 54 68 54 68F.D.43 53 62 63 F.D.56 F.D.56 . 6564 .50 51 SIM. F.D.F.D. 2 S1.0 2 S1.0 70 (E) ENTRANCE RAMP 30" x 48" CLR. SPACE A0.3 10 ACCESSIBLE DRINKING FOUNTAIN A0.3 8 ACCESSIBLE SHOWER 7777 30 " x 4 8 " CL R . S P A C E 60" MIN. CLR.30" x 48" CLR. SPACE 30" x 48" CLR. SPACE 30" x 48" CLR. SPACE 60" MIN. CLR. BASED ON TERRACON ACCESSIBILITY ASSESSMENT REPORT DATED 03/10/2022. 30 " x 4 8 " CL R . S P A C E A0.3 4ACCESSIBLE STALL A0.3 4 ACCESSIBLE STALL NO WORK IN THIS ROOMNO WORK IN THIS ROOM A0.3 5ACCESSIBLE URINAL ACCESSIBILITY COMPLIANCE NOTE KEY No.Corrective Measure Detail Code Section Accessible Parking Stalls Detectable Warning Surfaces 9/A0.1 11B-406.5.12 Stall Striping 3/A0.1 11B-502.3.3 Signage 5/A0.1 11B-502.8 Pool House Men's Restroom #101 7 Demolish and repour new concrete slab to compliant slope. Determine extent of area to be replaced in order to achieve slope less than 2% in any direction. Finish to match existing adjacent floor. New concrete slab to match existing thickness, base course, vapor barrier, and reinforcing. Sheet A0.1 Note 14 11B-303.3, 11B-304.2 8 Provide compliant dimension to centerline of toilet. Reposition toilet partitions as needed. 3/A0.3 11B-604.2 9 Replace toilet seat to provide seat at compliant height.3/A0.3 11B-604.4 10 Reposition grab bar to be level with floor.3/A0.3 11B-609.4 11 Reposition toilet paper dispenser.3/A0.3 11B-604.7.1 12 Replace partition door hardware to provide required 32" minimum clear opening. 4/A0.3 11B-604.8.1.2 14 Adjust door partition hardware to reduce force required to operate. 4/A0.3 11B-604.8.1.2 16 Replace lavatory. Mount at required height. Reposition to left to provide required clearance at paper towel dispenser. Reposition mirror accordingly. 3/A0.3 5/A0.3 11B-606.3 17 Included with #16.3/A0.3 11B-606.2 18 Install required undersink pipe insulation.3/A0.3 11B-606.5 19 Included with #16.3/A0.3 11B-306.2.4 20 Reposition soap and paper towel dispensers at compliant height.3/A0.3 11B-603.5 21 New drinking fountains in existing location to provide compliant water flow and clearances 10/A0.3 11B-602.6 Pool House Women's Restroom #102 22 Reposition wall sign.11/A0.2 11B-703.4.1 23 Widen landing to provide required width at door. Install min. 4" thick 2500 lb. concrete, color to match existing. Dowel into (e) landing w/ #4 reinf. at 12" O.C. 2/A0.2 11B-404.2.4.1 24 Demolish and repour new concrete slab to compliant slope. Determine extent of area to be replaced in order to achieve slope less than 2% in any direction. Finish to match existing adjacent floor. New concrete slab to match existing thickness, base course, vapor barrier, and reinforcing. Sheet A0.1 Note 14 11B-303.3, 11B-304.2 26 Replace toilet seat to provide seat at compliant height.3/A0.3 11B-604.4 27 Reposition grab bar to be proper position w toilet.3/A0.3 11B-604.5.2 28 Replace grab bar to provide required clearance at seat dispenser. 3/A0.3 11B-609.3 29 Reposition dispenser unit to position toilet paper dispenser at compliant dimension. Fill remaining void with stud and drywall construction. Match existing adjacent marlite paneling. 3/A0.3 11B-604.7.1 30 Adjust door partition hardware to reduce force required to operate.4/A0.3 11B-604.8.1.2 31 Replace partition door hardware to provide required 32" minimum clear opening.4/A0.3 11B-604.8.1.2 33 Replace toilet seat to provide seat at compliant height.3/A0.3 11B-604.4 34 Reposition dispenser unit to position toilet paper dispenser at compliant dimension. Requires replacement of toilet partition. Match existing partition material and color. 3/A0.3 11B-604.7.1 35 Replace partition door hinges with new to ensure door is self closing.-11B-604.8.2 36 Install required undersink pipe insulation.3/A0.3 11B-606.5 37 Reposition paper towel dispenser at compliant height.3/A0.3 11B-603.5 Exterior Pool House Showers 38 Reposition shower spray unit. Repair remaining wall openings to match adjacent construction and finish (match existing ceramic tile). 8/A0.3 11B-608.5.2 39 Install non-positive shut off valve.-11B-608.6 40 Replace grab bar to ensure required space from wall.8/A0.3 11B-609.3 Pool House Men's Dressing Room #104 42 Modify roof beam to provide required vertical clearance.S1.0 11B-307.4 43 Demolish and repour new concrete slab to compliant slope. Determine extent of area to be replaced in order to achieve slope less than 2% in any direction. Refinish entire dreessing room floor per owner. Confirm extent of demo with client prior to commencement of work. Sheet A0.1 Note 14 11B-303.3, 11B-304.2 44 Reposition shower controls. Repair remaining wall openings to match adjacent construction and finish (match existing ceramic tile). 8/A0.3 11B-608.5.2 45 Install non-positive shut off valve.8/A0.3 11B-608.6 46 Replace grab bar to ensure required space from wall.8/A0.3 11B-609.3 47 Replace bench.8/A0.3 11B-610.3 48 Included w/ #47.8/A0.3 11B-610.3.2 49 Reposition shower drain to be flush with shower floor.8/A0.3 11B-608.9 50 Reposition dressing room bench to compliant height. Provide new mounting holes in existing brackets to achieve compliant height. 9/A0.3 11B-903.5 51 Modify dressing room bench to compliant depth. Cut bench at existing material (butcher block) joint. 9/A0.3 11B-903.3 52 Reposition changing table to compliant height.3/A0.3 11B-902.3 53 Provide additional seat cover dispenser behind toilet.3/A0.3 11B-603.5 54 Install required undersink pipe insulation.3/A0.3 11B-606.5 Pool House Women's Dressing Room #103 55 Modify roof beam to provide required vertical clearance.6/A0.2 11B-307.4 56 Demolish and repour new concrete slab to compliant slope. Determine extent of area to be replaced in order to achieve slope less than 2% in any direction. Refinish entire dreessing room floor per owner. New concrete slab to match existing thickness, base course, vapor barrier, and reinforcing.. Sheet A0.1 Note 14 11B-303.3, 11B-304.2 57 Reposition shower controls. Repair remaining wall openings to match adjacent construction and finish (match existing ceramic tile). 8/A0.3 11B-608.5.2 58 Install non-positive shut off valve.8/A0.3 11B-608.6 59 Replace bench.8/A0.3 11B-610.3 60 Included w/ #59.8/A0.3 11B-610.3.2 61 Reposition shower drain to be flush with shower floor.8/A0.3 11B-608.9 62 Reposition changing table to compliant height.3/A0.3 11B-902.3 63 Included w/ #62.3/A0.3 11B-902.3 64 Reposition dispenser unit to position toilet paper dispenser at compliant dimension. Requires replacement of toilet partition. Match existing partition material and color. 3/A0.3 11B-604.7.1 65 Included w/ #64.3/A0.3 11B-307.2 68 Install required undersink pipe insulation.3/A0.3 11B-606.5 Pool Deck 70 Repair drinking fountain to provide compliant water flow.10/A0.3 11B-602.6 Lifeguard Building: Public Men's Restroom #201 71 Provide required geometric sign at Men's Room door.11/A0.2 11B-703.7.2.6.1 72 Install required undersink pipe insulation.3/A0.3 11B-606.5 Lifeguard Building: Public Women's Restroom #202 73 Provide required geometric sign at Women's Room door.11/A0.2 11B-703.7.2.6.1 74 Demolish and repour new concrete slab to compliant slope. Determine extent of area to be replaced in order to achieve slope less than 2% in any direction. Finish to match existing adjacent floor. Confirm extent of demo with client prior to commencement of work. Sheet A0.1 Note 14 11B-303.3, 11B-304.2 75 Install required undersink pipe insulation.3/A0.3 11B-606.5 76 Provide required signage 11/AO.2 11B-703:4.1 77 Adjust/Replace door closers 3/A0.2 11B-404.2.9 REV 1 DATE DESCRIPTION APPROVED: REVIEWED: SCALE: PROJECT NO: 2 3 4 5 6 7 8 DRAWN: DATE: Copyright Ó RS+M, Inc.-All Rights Reserved-This document was prepared for use only by the client, only for the purposes stated, and within a reasonable time from issuance. Non-commercial, educational, and scientific use of this document by regulatory agencies is regarded as a "fair use" and not a violation of copyright. Regulatory agencies may make additional copies of this document for internal use. Copies may also be made available to the public as required by law. The reprint must acknowledge the copyright and indicate that permission to reprint has been received.2023 1981 N. BROADWAY, SUITE 202 WALNUT CREEK, CA 94596 PH. (925) 464-4600 www.rsm-de.com ROGERS STRINGER + MCCLELLAND 044-2301 BL A C K B E R R Y F A R M A Q U A T I C C E N T E R 21 9 7 9 S A N F E R N A N D O A V E N U E CU P E R T I N O , C A L I F O R N I A AS NOTED MAY 26, 2023 R. DINELLI R. BRAVO J. MCCLELLAND C-21797 JAMES P. McCLELLAND RENEWAL DATE 07/31/2023 LIC E N S E D ARCHI T E C T S T A T E OF CA L I F O R NIA ACCESSIBILITY PACKAGE 07/11/23 HD COMMENTS 09/07/23 PC COMMENTS A1.0 PO O L H O U S E A C C E S S I B I L I T Y P L A N 2 2 2 REMOVE BOTTOM 2-INCHES OF EXISTING 4X BEAM OVER EXISTING RAMP WIDTH + 6", F.V. SEE DETAIL 2/S1.0 REMOVE BOTTOM 2-INCHES OF EXISTING 4X BEAM OVER EXISTING RAMP WIDTH + 6", F.V. SEE DETAIL 2/S1.0 ~13'-6" F.V. ~6'-9" F.V.~6'-9" F.V. ~6 ' - 0 " F . V . EXISTING 4X10 BEAM ABOVE. F.V. EXISTING 4X4 POST, F.V. LOAD BEARING WALL EXISTING 4X4 POST, F.V. ~24'-0" F.V. ~14'-0" F.V.~10'-0" F.V. EXISTING 4X10 BEAM ABOVE. F.V. LOAD BEARING WALL CANOPY FRAMING ABOVE CONSISTS OF 2x6 RAFTERS AT 16" O.C. CANOPY FRAMING CONSISTS OF 2x6 RAFTERS AT 16" O.C. F.V. EXISTING 4X10 BEAM. F.V. PORTION OF BEAM TO BE REMOVED (2-INCHES MAX) WHERE INDICATED ON PLAN. CONTRACTOR SHALL TAKE CARE DURING REMOVAL TO NOT OVERCUT. STRUCTURAL OBSERVATIONS REQUIRED AFTER CUT. CONTRACTOR SHALL PRE-DRILL CORNERS OF CUT AREA TO BE REMOVED TO ENSURE THAT OVERCUTTING DOES NOT OCCUR LOAD BEARING WALL, BEYOND F.V. PAINT EXPOSED SURFACES AFTER CUT TO MATCH EXISTING, SEE ARCH. 21975 SAN FERNANDO AVE CUPERTINO, CALIFORNIA BLACKBERRY FARM POOL HOUSE CANOPY BEAM MODIFICATION AREA VICINITY PLAN - SEE A1.0 SITE VICINITY PLAN - SEE A1.0 SUBJECT BEAMS GENERAL STRUCTURAL NOTES: ·THE CONTRACTOR SHALL COMPARE THE ARCHITECTURAL, AQUATIC, STRUCTURAL, AND OTHER SERIES DRAWINGS AND REPORT ANY DISCREPANCIES BETWEEN EACH SET AND WITHIN EACH SET TO PRIOR TO CONSTRUCTION ·THE DETAILS DESIGNATED AT 'TYPICAL' DETAILS SHALL APPLY GENERALLY TO THE STRUCTURAL DRAWINGS IN ALL AREAS WHERE CONDITIONS ARE SIMILAR ·ALL STRUCTURAL ELEMENTS HAVE BEEN DESIGNED TO RESIST THE REQUIRED CODE VERTICAL FORCES THAT COULD OCCUR IN THE FINAL COMPLETED STRUCTURE. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO PROVIDE BRACING AS REQUIRED TO MAINTAIN THE STABILITY AND SAFETY OF THE BUILDING DURING THE CONSTRUCTION PROCESS. ·THE STRUCTURAL DRAWINGS REPRESENT THE FINISHED STRUCTURE AND DO NOT INDICATE THE MEANS OR METHODS OF CONSTRUCTION. THE CONTRACTOR AND THEIR SUBCONTRACTORS SHALL SUPERVISE AND DIRECT THE WORK AND SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS, METHODS, PROCEDURES, TECHNIQUES, SEQUENCES, AND SAFETY MEASURES INCLUDING, BUT NOT LIMITED TO, ADHERENCES TO ALL OSHA GUIDELINES. TERRACON SHALL NOT HAVE CONTROL OF, AND SHALL NOT BE RESPONSIBLE FOR, CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, OR PROCEDURES, FOR SAFETY PRECAUTIONS AND PROGRAMS IN CONNECTION WITH THE WORK, FOR THE ACTS OR OMISSIONS OF THE CONTRACTOR, SUBCONTRACTORS, OR ANY OTHER PERSON PERFORMING THE WORK OR FOR THE FAILURE OF THESE PERSONS TO CARRYOUT THE WORK IN A SAFE MANNER. ·THE GENERAL BUILDING CODE USED AS A BASIS OF DESIGN IS THE 2019 CALIFORNIA EXISTING BUILDING CODE (TITLE 24 PART 10). THIS WORK IS CONSIDERED AN ALTERATION OF EXISTING STRUCTURAL ELEMENTS CARRYING GRAVITY LOAD PER SECTION 503.3 ·THE FOLLOWING LOADS ARE CONSIDERED TO BE ACTING ON THE SUBJECT BEAM WITH A TRIBUTARY WIDTH OF 3-FEET DEAD LOAD = 25 PSF. THE ACTUAL LOAD SHALL BE VERIFIED BY THE CONTRACTOR AND TERRACON NOTIFIED IF DIFFERENT. LIVE LOAD = 20 PSF STATEMENT OF STRUCTURAL OBSERVATIONS: ·INFORMATION ON THIS SHEET IS PROVIDED IN ACCORDANCE WITH THE STRUCTURAL OBSERVATION REQUIREMENTS OF THE 2019 CALIFORNIA BUILDING CODE (TITLE 24 PART 2). THIS INFORMATION CONSTITUTES THE STATEMENT OF STRUCTURAL OBSERVATIONS REQUIRED FOR THE STRUCTURAL PORTION OF THE WORK. ·STRUCTURAL OBSERVATIONS SHALL BE PERFORMED IN ACCORDANCE WITH CHAPTER 17 OF THE 2019 CBC. STRUCTURAL OBSERVATIONS ARE THE VISUAL OBSERVATIONS OF THE ELEMENTS AND CONNECTIONS OF THE STRUCTURAL SYSTEM FOR GENERAL CONFORMANCE TO THE APPLIED PLANS AND SPECIFICATIONS. ·THE STRUCTURAL OBSERVER SHALL PERFORM SITE VISITS AT THOSE STEPS IN THE PROGRESS OF WORK THAT ALLOW FOR CORRECTION OF DEFICIENCIES WITHOUT SUBSTANTIAL EFFORT OR UNCOVERING. AT A MINIMUM THE FOLLOWING CONSTRUCTION STAGES REQUIRE A SITE VISIT AND AN OBSERVATION REPORT FROM THE STRUCTURAL OBSERVER OF RECORD: o CUTTING OF EXISTING TIMBER BEAMS. ·THE STRUCTURAL OBSERVER OF RECORD SHALL BE RESPONSIBLE TO VERIFY THAT THE ITEMS DETAILED IN THE STRUCTURAL CONSTRUCTION DRAWINGS WERE BUILT ACCORDINGLY AND SHALL PREPARE, SIGN, AND FURNISH INSPECTION REPORTS FOR EACH SITE VISIT. THE STRUCTURAL OBSERVER'S FINAL REPORT SHALL STATE THE FOLLOWING: “IN MY PROFESSIONAL OPINION AND TO THE BEST OF MY INFORMATION, KNOWLEDGE, AND BELIEF, THE STRUCTURAL OBSERVATIONS REQUIRED FOR THIS PROJECT, AS ITEMIZED IN THE STATEMENT OF STRUCTURAL OBSERVATIONS HAVE BEEN PERFORMED AND ALL DISCOVERED DISCREPANCIES HAVE BEEN REPORTED AND RESOLVED” ·THE CONTRACTOR SHALL PAY FOR ALL REMEDIAL ENGINEERING DESIGN, DRAFTING, AND CONSULTING SERVICES REQUIRED TO INVESTIGATE AND CORRECT WORK THAT DOES NOT CONFORM TO THE STRUCTURAL DRAWINGS OR IS FOUND TO BE DEFICIENT OR DEFECTIVE. POOL HOUSE FRAMING PLAN NOT TO SCALE 1 PLAN NOTES: 1.THESE DRAWINGS ARE BASED ON INFORMATION PROVIDED BY OTHERS. IN THE EVENT THAT THE INFORMATION IN THESE DRAWINGS IS INCORRECT OR IF ADDITIONAL INFORMATION BECOMES AVAILABLE, THIS DESIGN SHOULD NOT BE CONSIDERED VALID UNLESS TERRACON REVIEWS THIS INFORMATION AND EITHER VERIFIES OR MODIFIES THIS DESIGN IN WRITING. 2.EXISTING BUILDING INFORMATION IS SHOWN FOR CONTRACTOR'S CONVENIENCE ONLY. IT MAY OR MAY NOT REFLECT THE ACTUAL CONDITIONS IN THE FIELD. THE CONTRACTOR SHALL FIELD VERIFY ALL EXISTING CONDITIONS. 3. = PORTION OF BEAM TO REMOVE BOTTOM 2-INCHES FROM. SEE DETAIL 2/S1.0 TYPICAL PHOTO NOT TO SCALE 2 REV 1 DATE DESCRIPTION APPROVED: REVIEWED: SCALE: PROJECT NO: 2 3 4 5 6 7 8 DRAWN: DATE: Copyright Ó RS+M, Inc.-All Rights Reserved-This document was prepared for use only by the client, only for the purposes stated, and within a reasonable time from issuance. Non-commercial, educational, and scientific use of this document by regulatory agencies is regarded as a "fair use" and not a violation of copyright. Regulatory agencies may make additional copies of this document for internal use. Copies may also be made available to the public as required by law. The reprint must acknowledge the copyright and indicate that permission to reprint has been received.2023 1981 N. BROADWAY, SUITE 202 WALNUT CREEK, CA 94596 PH. (925) 464-4600 www.rsm-de.com ROGERS STRINGER + MCCLELLAND 044-2301 BL A C K B E R R Y F A R M A Q U A T I C C E N T E R 21 9 7 9 S A N F E R N A N D O A V E N U E CU P E R T I N O , C A L I F O R N I A AS NOTED MAY 26, 2023 - - SCOTT D. LEFTON ACCESSIBILITY PACKAGE 07/11/23 HD COMMENTS 09/07/23 PC COMMENTS S1.0 ST R U C T U R A L P L A N A N D D E T A I L S 6911 Blanco Road San Antonio, Texas 78216 PH. (210) 641-2112 www.terracon.com Page 1 Sent via email 2/1/2024 Peter Hawkins Selway Construction, Inc. 728 Charcot Ave San Jose, CA 95131 peter@selwayconstruction.com Re: NOTICE OF POTENTIAL AWARD Blackberry Farm Accessibility Improvements Dear Mr. Hawkins, I am pleased to inform you that the City Council authorized award of the construction Contract for the above-referenced Project (“Project”) to Selway Construction, Inc. (“Contractor”) for the Contract Price of $289,601, based on Contractor’s Bid Proposal submitted on December 12, 2023. Contractor must execute the attached Payment Bond and Performance Bond, and return to the City along with insurance certificates and endorsements, no later than seven days from the date of this Notice of Potential Award. Failure to execute and return the enclosed bonds and insurance documentation within the specified time could result in forfeiture of Contrac tor’s bid security. This Notice of Potential Award does not bind the City to award the Contract. A copy of the draft contract is attached as reference. After review and approval of bonds and insurance documents, the City will route the Contract for electronic signatures. Please acknowledge receipt of this Notice of Potential Award by signing the attached Acknowledgement of Notice of Potential Award, as indicated, and transmitting the Acknowledgement to my office via email at: joannej@cupertino.org. Do not hesitate to contact me if you have any questions in this regard. Sincerely, Jo Anne Johnson Public Works Project Manager Enclosure NOTICE OF POTENTIAL AWARD Page 14 Acknowledgement of Notice of Potential Award On behalf of Selway Construction, Inc. (“Contractor”), I acknowledge receipt of the Notice of Potential Award for the Blackberry Farm Accessibility Improvement Project: s/_________________________________ Name: _____________________________ Title: ______________________________ Date: ______________________________ Blackberry Farm Accessibility Improvements 2023 Form CONTRACT Project # 2022-07A Page 2 Contract This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”) and Selway Constrjuction, Inc (“Contractor”), for work on the Blackberry Farm Accessibility Improvement Project (“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 January 17, 2024, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. 2.Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment and Performance Bonds; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Potential Award; 2.12 Notice to Proceed; and 2.13 The following: 3.Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4.Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $289,611.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5.Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 48 calendar days from the commencement date Blackberry Farm Accessibility Improvements 2023 Form CONTRACT Project # 2022-07A Page 3 given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion. 6.Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,500 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. 7.Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions . 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 8.Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 9.Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 10.Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11.Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Blackberry Farm Accessibility Improvements 2023 Form CONTRACT Project # 2022-07A Page 4 Public Works Department 10300 Torre Ave Cupertino, CA 95014 Attn: Jo Anne Johnson, Project Manager joannej@cupertino.org Copy to: PW Invoices pwinvoices@cupertino.org Contractor: Name: Selway Construction Inc_ Address:_728 Charcot Ave. City/State/Zip: San Jose CA 95131 Phone: 408 382 9841 Attn: Peter Hawkins Email: Peter@Selwayconstruction.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 party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 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 Blackberry Farm Accessibility Improvements 2023 Form CONTRACT Project # 2022-07A Page 5 binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. [Signatures are on the following page.] Blackberry Farm Accessibility Improvements 2023 Form CONTRACT Project # 2022-07A Page 6 The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Name, Title Name, Title Date: ___________________________ Date: ______________________________ Attest: s/_______________________________ _________________________________ Name, Title Date: ___________________________ CONTRACTOR: ___________________________________________________ Business Name s/_______________________________ Seal: _________________________________ Name, Title Date: ____________________________ Second Signature (See Section 12.8): s/_______________________________ _________________________________ Name, Title Date: ____________________________ ___________________________________________________ Contractor’s California License Number(s) and Expiration Date(s) END OF CONTRACT Blackberry Farm Accessibility Improvements 2023 Form PAYMENT BOND Project # 2022-07A Page 7 Payment Bond The City of Cupertino (“City”) and Selway Construction, Inc. (“Contractor”) have entered into a contract for work on the Blackberry Farm Accessibility Improvements Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”). 1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $289,611.00, 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. 2. 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: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Email: ____________________________________________________ 6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the <__________________> 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.] Blackberry Farm Accessibility Improvements 2023 Form PAYMENT BOND Project # 2022-07A Page 8 7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title APPROVED BY CITY: s/ __________________________________ ______________________________ Date ____________________________________ Name, Title END OF PAYMENT BOND Blackberry Farm Accessibility Improvements 2023 Form PERFORMANCE BOND Project # 2022-07A Page 9 Performance Bond The City of Cupertino (“City”) and Selway Construction, Inc (“Contractor”) have entered into a contract for work on the Blackberry Farm Accessibility Improvements Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”). 1. General. Under this Bond, Contractor as principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $289,611.00 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: _____________________________________________________ Address: __________________________________________________ Blackberry Farm Accessibility Improvements 2023 Form PERFORMANCE BOND Project # 2022-07A Page 10 City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the <___________> County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___. SURETY: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR: ___________________________________ Business Name s/__________________________________ ______________________________ Date ___________________________________ Name, Title APPROVED BY CITY: s/ __________________________________ ______________________________ Date ____________________________________ Name, Title END OF PERFORMANCE BOND Selway Construction for Blackberry Farm Accessibility Improvement Project Final Audit Report 2024-02-26 Created:2024-02-23 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA9ZXM7bCtxpJC_cA-3DbHcW0zLOqO0TTb "Selway Construction for Blackberry Farm Accessibility Improve ment Project" History Document created by Webmaster Admin (webmaster@cupertino.org) 2024-02-23 - 1:04:05 AM GMT- IP address: 35.229.54.2 Document emailed to Jindy Gonzalez (jindyg@cupertino.org) for approval 2024-02-23 - 1:14:20 AM GMT Email viewed by Jindy Gonzalez (jindyg@cupertino.org) 2024-02-23 - 1:15:17 AM GMT- IP address: 104.47.74.126 Document approved by Jindy Gonzalez (jindyg@cupertino.org) Approval Date: 2024-02-23 - 1:15:39 AM GMT - Time Source: server- IP address: 174.85.102.16 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-02-23 - 1:15:46 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-02-23 - 1:49:26 AM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to phil@selwayconstruction.com for signature 2024-02-23 - 1:49:33 AM GMT Email viewed by phil@selwayconstruction.com 2024-02-23 - 1:58:28 AM GMT- IP address: 172.225.89.4 Signer phil@selwayconstruction.com entered name at signing as Philip Selway 2024-02-23 - 10:12:03 PM GMT- IP address: 73.71.123.160 Document e-signed by Philip Selway (phil@selwayconstruction.com) Signature Date: 2024-02-23 - 10:12:05 PM GMT - Time Source: server- IP address: 73.71.123.160 Document emailed to anthony@selwayconstruction.com for signature 2024-02-23 - 10:12:13 PM GMT Email viewed by anthony@selwayconstruction.com 2024-02-23 - 10:12:41 PM GMT- IP address: 172.226.212.27 Signer anthony@selwayconstruction.com entered name at signing as Anthony Selway 2024-02-26 - 9:29:33 PM GMT- IP address: 108.65.74.109 Document e-signed by Anthony Selway (anthony@selwayconstruction.com) Signature Date: 2024-02-26 - 9:29:35 PM GMT - Time Source: server- IP address: 108.65.74.109 Document emailed to christopherj@cupertino.org for signature 2024-02-26 - 9:29:42 PM GMT Email viewed by christopherj@cupertino.org 2024-02-26 - 10:07:37 PM GMT- IP address: 104.47.73.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2024-02-26 - 10:07:58 PM GMT- IP address: 64.165.34.3 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-02-26 - 10:08:00 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Pamela Wu (pamelaw@cupertino.org) for signature 2024-02-26 - 10:08:08 PM GMT Email viewed by Pamela Wu (pamelaw@cupertino.org) 2024-02-26 - 11:15:33 PM GMT- IP address: 104.47.74.126 Document e-signed by Pamela Wu (pamelaw@cupertino.org) Signature Date: 2024-02-26 - 11:15:57 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-02-26 - 11:16:04 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-02-26 - 11:52:50 PM GMT- IP address: 104.47.73.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-02-26 - 11:53:07 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2024-02-26 - 11:53:07 PM GMT