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18-223 Galeb Paving, Inc., McClellan Ranch Parking Lot Improvement, Project No. 2017-05Contract This public works contract ("Contract") is entered into by and between the City of Cupertino ("City "), a municipal corporation, and _G_a_l_eb_P_a_vi_ng:c..,_l_nc_. __________ _ ("Contractor"), for work on the< McClellan Ranch West Parking Lot 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 and accompanying Bid Schedule , a copy of which is attached for convenience as Exhibit A, to perform the Work to construct the Project. On October 16 , 20..!.!L_, 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 following: 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any ; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment Bond, Performance Bond and, if required, a Warranty Bond; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Drawings and Specifications; 2.10 Change Orders, if any ; 2.11 Notice of Award; 2.12 Notice to Proceed; 2.13 The following : No other documents 3. Contractor's Obligations. Contractor will perform all of the Work required for the Project , as specified in the Contract Documents . Contractor must provide , furnish , and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor , materials , supplies, tools, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents . Contractor must use its best efforts to 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 $ 605,082.88 ("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 90 calendar days from the date of the Notice to Proceed ("Contract Time"). By signing below , Contractor expressly waives any claim for delayed early completion. 6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of$ 1,500 per day for each day of une xc used delay in completion , and such liquidated damages may be deducted from City's payments due or to become due to Contractor under this Contract. McClellan Ranch West Parking Lot Improvement Project No . 2017-05 CONTRACT Page 22 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 . 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 under Labor Code section 1725.5, subject to limited legal exceptions. 8. Workers' Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers ' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract." 9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law , including under Government Code section 1090 et seq . and under the Political Reform Act as set forth in Government Code section 81000 et seq . and its accompanying regulations . No officer, official, employee, consultant, or other agent of the City ("City Representative") may have, maintain, or acquire a "financial interest" in the Contract, as that term is defined under the Political Reform Act (Government Code section 81000, et seq ., and regulations promulgated thereunder); or under Government Code section 1090 , et seq.; or in violation of any City ordinance or policy while serving as a City Representative or for one year thereafter. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. McClellan Ranch West Parking Lot Improvement Project No. 2017 -05 CONTRACT Page 23 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 (or comparable) file . Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows : City: Name : City of Cupertino Address: 10300 Torre Avenue City/State/Zip : Cupertino, CA 95014 Phone: (408) 777-3354 Email: AlexA@cupertino.org Copy to: PWinvoices@cupertino.org Contractor: Name: ___ G_a_l_eb_P_av_i_ng_,_l_nc_. _______ _ Address: ___ 1.:.:2=3-'-4=0-=S=a""'ra=to=--g=a'--S=u=n-"-n'--'-y-'-va=l=e-'-R=d"-. __ _ City/State/Zip :_S_a_ra_to~g~a~, _CA_9_5_07_0 ______ _ Phone: ___ (..__4_08__,_)_2_5_3-_4_7 4_7 ________ _ Attn: ____ L_e_e_P_e_ll_ic_c_io_tt_i --------- Email: ___ --'-le_e@'""""""g._a_le_b.,_pa_v_in~g,_.c_o_m ______ _ Copy to: ___ t_oy._o~@-g~a_le_b~p_a_vi_n_g_.c_om ______ _ 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 except as expressly provided in the General Conditions or Special Conditions . 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Santa Clara County, and no other place. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete , and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party . If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313 . [Signatures are on the following page.] McClellan Ranch West Parking Lot Improvement Project No. 2017-05 CONTRACT Page 24 The parties agree to this Contract as witnessed by the signatures below : CONTRACTOR Galeb Paving , Inc. By Name ________ ~ Title. _________ _ Date. _________ _ CITY OF CUPERTINO A~~D AS T0¢2F ~M: . , By ~~V Name fz_o c:,.,,-o . h -Uro Date I I _ C/__J_ i City Attorney . / ~ I ~C--)c) ATTEST : \ J/ 6 NL£~4d_4A JJl= Grace Schmidt City Clerk Date I/· ( S-· I [ Contract Amount: $ 60 5 ,082 .88 P.O. No . ---------- Account No . 420-99-030-900-905 END OF CONTRACT McClellan Ranch West Parking Lot Improvement Project No. 2017-05 CONTRACT Page 25 Exhibit A Bidder 's Name : Q.A<&;~ Ev, "'{4 ,, la.Jc . Bid Proposal McClellan Ranch West Parking Lot Improvement < 0.AU:.B ~Vt tJ~, 11\,tC::.. · > ("Bidder") hereby submits this Bid Proposal to the City of Cupertino ("City') for the above-referenced project ("Project") in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced therein . 1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents , w ithin the time required for full completion of the Work , including all labor , materials , suppl ie s, and equipment and all other direct or indirect costs including , but not limited to, taxes , insurance and all overhead for the following price ("Base Bid "): $ MD 1'24-~ 2. Bid Alternates. Bidder submits the following prices for th e specified bid alternates : BidAlternate#1 : ITG':1'2-01\-\-ltOV.c:,~ 1..-G l"-\c1..vs\ve:: a:> Add :$ I \4,J&e>- 3. Addenda . Bidder agrees that it has confirmed receipt of or access to , and reviewed, all addenda issued for this Bid. Bidder specifically acknowledges receipt of the following addenda: Addendum: #01 #02 #03 #04 Date Received : Gl~lt--lS q.u.,. ... ,e, Addendum : #05 #06 #07 #08 Date Received : 4. Bidder's Warranties. By signing a nd submitting this Bid Proposal , Bidder warrants the following : 4 .1 Examination of Cont ra ct Documents. Bidder has thoroughly examined the Contract Documents and rep resents that, to the best of Bidder's knowledge, there are no errors, omissions , or discrepancies in the Contract Documents , subject to th e limitations of Public Contract Code section 11 04. 4.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location . 4.3 Bidde r is Qualified. Bidder is fully qualified to perform the Work . 4.4 Responsi bility for Bid. Bidder has ca refu lly reviewed this Bid Proposal and is sole ly respons ibl e for any errors or omissions contained in its completed Bid . 5. Award of Contract. By signing and submitting this B id Proposal, Bidder agrees that if Bidder is awarded the Contract fo r th e Project, within ten days following issuance of the Notice of Award to Bidder, Bidder wi ll do all of the following: 5.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Propos a l, by sign ing and submitting to C ity the Contract prepared by City using the form included with the Con tract Documents ; McClellan Ranch West Parking Lot Imp ro vement Project No . 2017-05 BID PROPOSAL Page 9 Exhibit A Bidde r's Name : WU:5 Thv1 .Jt;, '""' · 5 .2 Submit Required Bonds. Submit to City a payment bond and a pe rforman ce bond , each for 100% of the Contract Price , using the bond forms provided and in acco rdan c e with the requ irements of the Contract Documents ; and 5.3 Insurance Requirements . Submit to City the insurance ce rt ificate (s) and endo rsement (s) as required by the Contract Documents. 6 . Bid Security . As a guarantee that, if awarded the Contract , Bidder w ill perform its obl igations under Section 4 above , B idder is enclosing bid secu r ity in t he a moun t of ten percent of its ma xi mum bid amount in one of the fo llowing forms (check one): A cashier's check or certified check payable to City and issued b y -------------[Bank name] in the amo unt of $ ___________ _ L A bid bond , us i ng the Bid Bond form inc lu ded wit h the Cont ract Documents , payabl e to City and executed by a surety licensed to do bus iness in the State of Ca lifornia . This Bid Proposal is hereby submitted on _O_~_:T_. _2-______ , 2o_Lf? Bidder Bus i ness Name ·---~ -..A J-- Signature ..,... P'1o G.A ~) v le t:.~$, C?<NT NamefTitle (If Corporat ion: Chairman , Preside nt or Vice Pres ident) -;t...~l t.. A\ G \~ Ol!f-. "?c.:> • l t::\ License#, E xpiration Date, and C lassification lt$4o GAflAf\>'4 ... !v"',.. yt1Au R,;,. Address SAUA1DGA. CA C/~ro City, State , Zip ' 4-oa . t ~i . 4:7-4-:+ Contact Phone Oc:t . Z , Z=>\~ Date ~-~ ~v \, Signature V MAU.A r2£1 dAcii. ~utrA~ Name/Title (If Corpora ti o ri: Secretary , A ss istant Secreta ry, Chief Financial Officer or Assistant Treasurer) IC>OtX:>Oc,461- DIR Regi strati on # Phone Ue. ~ LLUc , am , :;t,.ltor.. £ :;,r-1 ~,z_ Conta ct NamefTitle Uf_ {J {JAl£~ J'AVINt;. ~'1 Contact Ema il END OF BID PROPOSAL McC lell an Ranch West Parking Lot Improvem ent Project No. 2017 -05 BID PROPOSAL Pag e 10 Exhibit A Bidder's Name : 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 Subcontracto r. 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 iden tical to the Base Bid price entered in Sect io n 1 of the Bid Proposal Form . EA= Each LF = Linear Foot LS= Lump Sum SY=Square Yard SF = Square Feet LB= Pounds BASE BID: NO. ITEM DESCRIPTION QTY. 1 Temporary Tree Protection 1 2 Chain Barrier on Wood Post 1 3 Grape Stake Fence 155 4 Split Rail Fen ce 28 5 Vehicular Access Gate 1 6 General Electrical Requirements 1 7 Site Clearing 1 8 Earth Moving 1 9 Concrete Curb 306 10 Truncated Dome 102 Portland Cement Pervious Concrete 11 PavinQ 12,336 12 Sta bilized Decomposed Granite Pav ing 847 13 Pavement Markings 1 14 Sig nage 1 15 ADA Whee l Stops 1 16 Parking Lot Permeable Base w/ Header 1,860 board 17 Hydroseed 17 ,114 18 Log 17 19 Log Wheel Stop 25 CF= Cubic Feet CY = Cubic Yard TON= Ton (2000 lbs) AL= Allowance UNIT UNIT ITEM COST PRICE .... $ :t., e,10 ~ LS z,1,,0 - LS 4yU>C>~ $ 4, wo'-2 LF 1'1~ $It,*~ LF 2..'11~ $ s, ';>lb'=- LS &~~ $ 6,boC>~ LS '!:o/f ;l> a; $J0,91t>~ LS 1'!P, 11,() -$ 71P, Jt,t> ~ LS '1"1g~ ~ $ '1ft f]!t) TC LF 1i~ $ "l.:'3, 116 <.:::. SF ~'!! $ "5. IOC>~ I l~~ c:., SF $ lC\1 1 we>- SF e-$ {pl 17(p'::! LS i-?t:>D~ $ Z-1 ?OD':!! LS \ OC>D<:!. $ 11 DCJD ~ LS 2-.«>':! $ too~ SF !,~ $ 5,1&:>~ SF o. 'Z.~ $ ~,e&t~ EA 4ac>~ $~/BoD~ EA 1,.~0'1! $ ~t'~C>~ fji:f> TOTAL BASE BID: Items 1 through 19 inclusive: $ _____ M __ o_,_~_V/:_.__-____ _ McClellan Ranch West Parking Lot Improvement Project No. 2017-05 BID SCHEDULE Page 11 Exhibit A Bidder's Nam e: dAu;g. 'PAv lt.St: ' \"¥. Add e ndum N o. 1 BID ALTERNATE NO. 1: NO. ITEM DESCRIPTION QTY. UNIT UNIT ITEM COST PRICE 20 Irrigation 1 LS 't~~ $ Z.'? ,{)Ol) ~ 0. (.0 21 15 Gal Tree 18 EA l7D " $ ~,ObD - 22 5 Gal Tree 115 EA Go (oi>-$ 11 B'Z.D ~ 23 1 Gal Tree 178 EA ~,~ $ q, 07~-:::. 24 Mulch 1 LS '149D <i-$ 1, ~l)&.;' 25 Landscape Bould e r 198 TON '!46 "':, $u,4',i~o~ cc TOTAL BID ALTERNATE : Items 20 through 25 inclusive: $ I l 4-1 ~f> - BASE BID + BID ALTERNATE=$ ___ ~_0_61....__0_B.,_J,._f;§_ ________ _ Note: The amount entered as the "Total Base Bid " and "Total Bid Alternate " should b e identical to the Base Bid and Bid Alternate amounts entered in Section 1 of the Bid Proposal form . END OF BID SCHEDULE McCle ll an Ra nch West Parking Lot Improvement Project No . 20 17-05 BID SCHEDULE Page 12 Performance Bond Bond #070207579 Premium: $6,236 .00 The City of Cupertino ("City") and Galeb Paving, Inc. ("Contractor") have entered into a contract, dated October 16 , 201..!L_ ("Contract") for work on the < McClellan Ranch West Parking Lot Improvements > Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, Contractor as Principal and The Ohio Casualty Insurance Cqmpany its surety ("Surety"), are bound to City as obligee for an amount not less than $605,082.88 . By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond. 2. Surety's Obligations. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, and Contractor has timely provided a warranty bond as required under the Contract. Surety's obligations under this Bond will become null and void upon City's acceptance of the Project, excluding any exceptions to acceptance, if any. Otherwise Surety's obligation will remain in full force and effect until expiration of the one year warranty period under the Contract. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or back charges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City that Contractor is in 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: McClellan Ranch West Parking Lot Improvement Project No. 2017-05 PERFORMANCE BOND Page 28 Attn: Raymomd Wu Address: 255 California Street , Suite 950 City/State/Zip: San Francisco, CA 94111 Phone : (415) 537-2509 Fax :--=~-=-::-=:--:=-,--:-::-~...,....,,.--,,.......,..:---,---:------------ Email: RAYMOND .WU@LibertyMutual.com 8. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for Santa Clara County in which the Project is located , 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 October 22 , 20~. SURETY: The Ohio Casua Lty Insurance Company ~~a~ Jean U eu , Attorney-in-Fact Name/Title [print] (Acknowledgment with Notary Seal fo r Surety and Surety's Power of Attorney must be attached.) CONTRACTOR: Galeb Paving, Inc. ,i / Bu~nes~ '!Sw~Of\...f ~ffU-&i D~-r Name/Title s/ _________________________ _ Name/Title END OF PERFORMANCE BOND McClellan Ranch West Parking Lot Improvement Project No. 2017-05 PERFORMANCE BOND Page 29 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cert ificate is attached, and not the truthfulness , accuracy, or validity of that document. State of California S t Cl County of an a ara On OCT 2 . 2 2ll1& before me , Erin Bautista, Notary Public -----=--------(insert name and title of the officer) personally appeared _J_e_a_n_L._N_e_u ______________________ _ who proved to me on the basis of satisfactory evidence to be the person(~) whose name(s) is/~~ subscribed to the within instrument and acknowledged to me that ~e/she/~executed the same in nfSfher/~r::authorized capacity(fe'S{), and that by m s/her/~ signature(s) on the instrument the person(:s), or the entity upon behalf of which the person(s) acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ---"~"'r/ 'c,"-"=.,·,__~"""""'=--="""'·=-'--;f-----(Seal) THIS POWER OF ATTORNEY IS NOT VALID UN LE SS IT IS PRINT E D ON RED BAC K GROUND. · This Powe·r of Attorney limits the acts of those named herein , and they have no authority to bind the Company except in the manner and to the extent herein stated. Cert ifi ca te No. 7885430 Liberty Mutual In surance Company The Ohio Cas ualty Insurance Company West American In surance Company POWER OF ATTORNEY KNOWN AL L PERSO NS BY THESE PRESEN TS: That Th e Ohio Cas ualt y Insurance Co mpa ny is a corporation duly organized und er the la ws of th e Sta te of New Hamps hire, that Lib erty Mutu al In sura nce Compa ny is a corporat ion dul y orga nized under the laws of th e State of Massachusetts . and West Ameri ca n Insurance Company is a co rporation duly organized und er the laws of the State of Indiana (he rein co llective ly ca ll ed th e "Co mpanies"). pursuant to and by authority herein set forth. doe s he reby name , co nstitute and appoint , Bryan D. Martin; Erin Bautista ; Jean L. Neu all of th e city of San Mateo , state of CA each individu ally if th ere be more than one named. its tru e and lawful attorney-in-fact to make , execute , sea l, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all und ertakings, bo nd s, recog ni za nces an d oth er surety ob li gations , In pursua nce of these presents and shall be as binding upon the Companies as if they have been du ly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITN ESS WHERE OF, this Power of Attorney has been subscribed by an authorized officer or officia l of the Companies an d the corpora te sea ls of the Companies have bee n affixed thereto this 6th day of September , ~- STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss By : The Ohio Casualty Insurance Company Liberty Mutual Insuran ce Company West American In surance Company d/7~, David M. Carey~'--is-ta_n_t -S-e-cr-e-ta_ry _____ _ On th is ~ day of September , 2017 . before me perso nal ly appeared Da vid M. Ca rey, who acknow ledged himself to be th e Ass ista nt Sec retary of li berty Mu tua l Insuran ce Company, The Ohio Cas ualty Company, and West American Insurance Co mpa ny, and tha t he, as such , being authorized so to do, execute the foregoi ng in strume nt for th e purposes th erei n con tained by sig ning on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHERE OF, I have hereunto sub sc ribed my name and affixed my notarial sea l at King of Pru ss ia , Penn sy lvania, on the day and year first above wri tten. By:~~~--- Teresa Pastell a, Notary Pu bl ic COMMONWEA LTH OF PENNSYLVAN IA -----------·---- Notarial Seal Teresa Pc1stella, Notary Public OF Upp e r Merion Twp .. Monlgomery County :<;.,, ,'it' My Comm ission Expires March 28. 2021 1-::i::--'V/vsv\.~~" ,e, ""'4Frv ~v Member. Pennsylvania Associri tion of Notaries Th is Power of Attorney is rnade and exec uted pursuant to and by authority of th e follo wing By-l aws and Aut11orizations of The Ohio Casualty In surance Co mp any, Liberty Mutual In surance Compa ny, and Wes t Ame ri can Insurance Co mp any whi ch resolutions are now in full force and effect read in g as fo llows: ARTICLE IV-OFFICERS -Section 12. Power of Attorney. Any office r or olher officia l of the Corporation authorized for tha t pu rpose in wri ting by th e Chairman or the President , an d subject to such limitation as the Chairm an or the President may prescribe , sha ll ap point such attorneys-in-fact , as may be necessa ry to act in beha lf of the Corporation to make, execute, seal, acknowledge an d delive r as surety any and all unde rtakin gs , bond s. recog niza nces and othe r surety obligations. Such atto rn eys-i n-fa ct, subject to the limi tations set forth in th ei r res pecti ve powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instrument s and to attach thereto the sea l of the Corporation. When so executed, such instrument s shal l be as binding as if signed by the Presidenl and attested to by the Secretary. Any power or authority granted to any representative or attorn ey-in-fact under th e provisions of this art icle may be revoked at any time by the Board, the Chai rm an , th e President or by the office r or officers granting such power or authority. ARTICLE XIII -Execu tion of Contracts -SECT ION 5. Surety Bonds and Undertakings . Any offi cer of the Company authorized for tha t purpose in writin g by the chairma n or the president , and subject to such lim itations as the chai rm an or the pres ident may prescrib e. shall appoin t such attorneys -in-fac t, as may be necessary to act in be half of the Compa ny to make , exec ute, seal , acknowledge and delive r as su rety any and all undertaki ngs , bonds , recogniza nces and other su rety obligations. Such attorneys-i n-fact subject to the limitations set fort h in their respective powers of attorney, shall have fu ll power to bind th e Company by th ei r signature and execution of any such instruments and to attach th ereto th e seal of the Company. When so executed such instruments shall be as binding as if sign ed by th e pres ident and attes ted by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Byl aws of the Company. auth orizes David M. Carey, Assistant Secretary to appoi nt such attorney s-in f act as may be necessary to act on behalf of the Compa ny to make, execute , seal, acknowledge and deliver as surety any and all und ertak in gs , bonds , recognizances and other su rety ob ligations. Authorization -By un animous consent of th e Company's Boa rd of Directors, the Compa ny cons ents th at facsimile or mechani ca ll y reproduced signat ure of any assistant secretary of the Company, wherever appea ring upon a certifi ed copy of any power of attorne y iss ued by th e Company in co nnecti on with surety bonds, shall be va li d and binding upon the Co mpany with the same fo rce and effect as though manually affixed . I, Renee C. Llewellyn , th e undersigned , Assistant Secretary, Th e Ohio Cas ualty Insurance Company, Li berty Mutual Insurance Compa ny, and West America n Insu rance Company do hereby cert ify that the ori ginal power of attorney of which the foregoing is a full , true and correct copy of the Power of Attorney executed by said Companies , is in full force and effect and has not been revoked . 139 of 250 LMS_ 12873_022017 >, C1I "C (/) (/) Q) C: (/) ::::, ..c >, C: Ill C: -0 ~ 1->,cn Q) w EE 0 a. =o <(M 'o~ ... "C Q) C: :: Ill OE 0.. Ill .!!lo J:O ::m 0 C: ~~ :§~ -Q) ~..c Qlo J: -.:t .... C"II E~ .::~ 'E~ 00 u..- 0 (9 I-.... Bond #070207579 Premium: Incl. in Performance Bond Payment Bond The City of Cupertino ("Cityu) and Galeb Paving, Inc. ("Contractor") have entered into a contract, dated October 16 , 20j§_ ("Contract") for work on the < McClellan Ranch West Parking Lot Improvements > Project ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and McClellan Ranch West Parking L9t Improvements its surety ("Surety"), are bound to City as obligee in an amount not less than $ 605.082 .88 , under California Civil Code sections 9550, et seq. 2. Surety's Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code section 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract. or any amounts required to be deducted, withheld. and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors, under California Unemployment Insurance Code section 13020. with respect to the work and labor. then Surety will pay the obligation . 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond . Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond . 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract. in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives the requirement of a new bond for any supplemental contract Lmder Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Raymond Wu Address: 255 California Street. Suite 950 City/State/Zip: San Francisco. CA 94111 Phone : (415) 537-2509 Fax:_~.,....,.,...=~...,....,..,.,....,...,,,..,--,.,--...,.......,-,-,--.,------------ Email: RAYMOND.WU@LibertyMutual.com 6. Law and Venue. This Bond will be governed by California law. and any dispute pursuant to this Bond will be venued in the Superior Court of Santa Clara County in which the Project is located. and no other place. Surety will be responsible for City"s attorneys· fees and costs in any action to enforce tile provisions of this Bond. McClellan Ranch West Parking Lot Improvement Project No. 2017-05 PAYMENT BOND Page26 7. Effective Date; Execution . This Bond is entered into and is effective on October 22 , 20-1§ SURETY : The Ohio Casualty Insurance Company Business Name /) s/~~ {) Jean L. Neu, Attorney-in-Fact Name/Title (Acknowledgment with Surety's Notary Seal and Surety's Power of Attorney must be attached.) CONTRACTOR: Galeb Paving, Inc. ____ s_u-~sNa ~ &/ ~ -:;3,Cwe::ooAJ <141.E~. PJZGs, O'""-'• . Name/Title s/ __________________ _ Name/Title END OF PAYMENT BOND McClellan Ranch West Parking Lot Improvement Project No. 2017 -05 PAYMENT BOND Page 27 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy , or validity of that document. State of California S t Cl County of an a ara on OCT 2 . 2 2018 before me, Erin Bautista, Notary Public ----------'------(insert name and title of the officer) personally appeared _J_e_a_n_L_. _N_e_u ______________________ _ who proved to me on the basis of satisfactory evidence to be the person(~) whose name(s) is/~~ subscribed to the within instrument and acknowledged to me that liie/she/ttrerf executed the same in hlSfher/~rcauthorized capacity(test), and that by ti:s/her/ttrei¥ signature(s) on the instrument the person(:s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Yffet ~ (Seal) (1)0 0 Cl) C: iii -... Cll+-' C) 1/) ('(I Cl) C) ai ...... o.!: E -... s 0 ('(I ... >, THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein , and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No . 7885431 Liberty Mutual Insurance Company The Ohio Casualty Insuran ce Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESEN TS : That The Oh io Casua lty Insurance Company is a corporation duly organized und er the laws of the State of New Hampshire , that Liberty Mutual In surance Company is a corporation duly orga ni zed und er the la ws of the State of Massachusetts. and West America n In surance Company is a corpo rati on duly organized under the laws of the State of Indi ana (herein co ll ectively called the "Compa nies "), pursuant to and by authority herein se t forth. does hereby name, constitute and appoint , Bryan D. Martin ; Erin Bautista ; Jean L. Neu all of the city of San Mateo , state of CA each individually if there be more than one named, its true and lawfu l attorney-in-fact to make, execute, sea l, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings , bonds , recognizances and other surety ob ligations, in pursuance of these presents and sha ll be as binding upon the Companies as if they have been duly signed by the !)resid ent and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREO F, this Power of Attorney has been subscribed by an au th orized officer .or official of the Compan ies and the corpo rate seals of the Companies have been affixed thereto this 6th day of September , ~- STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss By: The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insu rance Company d/;{!;:' David M. Carey.A-· s-s-is-ta_n_t_S_e-cr-e-ta_ry ______ _ On this~ day of September , 2017 . before me persona lly appeared David IV\. Carey, who acknowledged himse lf to be the Assistant Secretary of Liberty Mutual Insurance Compa ny, The Ohio Casualty Company, and West American Insurance Company, and that he, as such , being authorized so to do, execute the foregoing inst ru ment fo r t11e pu rpo ses therein contained by signing on behalf of the corporations by himself as a duly autho ri zed officer. IN WITNES S WHEREOF, I have hereunto subscr ibed my name and affixed my notarial sea l at King of Prussia, Pennsylvania, on the day and yea r first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella. Notary Public Upper Merion Twp ., Montgomery County My Commission Expires March 28, 2021 Member. Pennsylvanit1 Associc1tinn of Notaries By:_~~ -----------Teresa Pastell a, Notary Public This Power of Attorney is made and exec uted pursuant to and by authority of th e following By-laws and Authorizat ions of Th e Ohio Cas ually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect re ading as follows: ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or othe r officia l of the Corporation authorized for that purpose in wri ting by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe , shall appoint such attorneys-in-fact, as may be necessa ry to act in beha lf of the Corporati on to make, execute, seal , acknowledge and deliver as surely any and all undertakings , bonds, recognizances and other surety obligations. Such attorneys-i n-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power lo bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation . When so executed, such instruments shall be as binding as if signed by the President and attested to by the Sec retary. Any power or aut hority granted lo any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board , the Chairman , the President or by the officer or officers granting such power or au thority. g ARTICLE XIII -Execution of Contracts -SECT ION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, e and subject to such limitations as the chairman or the president may prescribe. shall appoint such attorneys-in-facl. as may be necessary to act in behalf of the Company to make, execute. :5 seal, acknowledge and deliver as surety any and all undertakings , bonds , recognizances and o ther surety obligation s. Such attorneys-in-fact subject to the limitations set forth in their u respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and lo attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president _and attested by the secretary. · Certificate of Designation -Th e President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoi nt such attorneys-in tact as may be necessary to act on behalf of the Company to make. execuie , seal, acknowledge and deliver as surety any and all undertakings , bonds, recognizances and other surety obligations . Authorization -By unanimous co nsent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in conne.ctio n with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn , the undersigned , Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual In surance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full , true and correct copy of the Power of Attorney execu ted by said Companies, is in full force and effect and has not been revoked. OCT 2 2 20W IN TESTIMONY WHE REOF, I have hereunto set my hand and affixed the seals of sa id Companies this ___ day of _______ """" ________ , 20 ___ . 140 of 250 LMS_ 12873_022017 >, ('(I "C 1/) 1/) Cl) C: 1/) :, .0 >, C: C'O C: -o ('(11-u C/) ~w EE 0 a. :t::o <( C"') 0~ ... "C Cl) C: 3 ('(I OE a. ('(I .!!lo ..c:O ::m 0 C: ~~ :s~ :: Cl) ~ .0 (1)0 £~ E O? .::~ 'EC? 00 u.- o<l? I-.... RE: Project No. 2017-05 / McClel lan Ranch West Parking Lot Improvement Project ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) ~· 10/29/2018 THIS CERTIFICATE IS ISSUED AS A MATIER 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 cert ifi cate holder in lieu of such endorsement(s). PRODUCER ABO Insurance & Financial Services CONTACT Construction Certs NAME : Attn : Construction De~artment PHONE 650-488-8565 I FAX 650-488-8566 3 Waters Park Drive, uilding 3, Suite 100 IAIC No Extl : IA/C Nol: E-MAIL ConstructionCertReauest@.theabdteam .com San Mateo , CA 94403 ADDRESS : INSURER(S) AFFORDING COVERAGE NAIC# www.theabdteam .com OH55918 INSURER A: Landmark American Insurance Comoanv 33138 INSURED INSURER B : Nationwide Mutual Insurance C omoanv 23787 Galeb Paving , Inc. INSURER C: RSUI Indemnity Comoanv 22314 12340 Saratoga-Sunnyvale Road Saratoga CA 95070 INSURER D : State Compensation Insurance Fund 35076 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 45116831 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS URED NAMED ABOVE FOR THE POLI CY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CON DITION OF AN Y CO NTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , T HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCL USIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA IMS . INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE '""n "'",n POLICY NUMBER IMM/DDIYYYYI IMM/DDIYYYYI LIMITS A _!_ COMMERCIAL GENERAL LIABILITY I LHA 139208 v 1/1/2018 1/1/2019 ,./ EACH OCCURRENCE $1 000 000 v ~ CLAIMS-MADE W OCCU R ~~~t~iJYE~~~~~~encel 550,0 00 _!_ Contractual Liability MED EXP (Any one person) s Exc luded PERSONAL & ADV INJURY -s 1,000 ,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGAT E s2.ooo.ooo V POLICY JECT ~ [Zj PRO-D Loc PRODUCTS · COMP/OP AGG 52,0 00 ,00 0 ~ OTHER : s \ B AUTOMOBILE LIABILITY ACP3037477597 1/1/2018 -1/1/2019 V ~~~~~~d~~tflNGLE LIMIT s 1.000 .000 v' ' ANY AUTO BODILY INJURY (Per person) s -OWNED -SCHEDULED AUTOS ONLY ,...L AUTOS BODILY INJURY (Per accident) S -HIRED NON -OWNED iP~?~Zc~J~t~AMAGE _!_ AUTOS ONLY ,...L AUTOS ONLY $ I Como/Coll Deductible s ..... ~ I C UMBRELLA LIAB HOCCUR NHA244104 1/1/2018 1/1/2019 ../ EACH OCCURRENCE / S3 000 000 A,/ ~ I EXCESS LIAB CLAIM S-MADE AGG REG ATE ( S3 000 000 -1 OED I I RETENTION s / \ s / D WORKERS COMPENSATION I 9025499 v 1/1/2018 1/1/2019 II I PER I I OTH--- AND EMPLOYERS ' LIABILITY / STATUTE ER Y/N s 1 .0 00.000 v ANYPROPRIETOR/PARTN ER/EXECUTIVE ~ N/A E.L. EACH ACC IDENT OFFICER/MEMBER EXC LUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE S 1 000 000 If yes , describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT s 1 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 1 01 , Additional Remarks Schedule, may be attached if more spac e is required) RE : Project No . 2017-05 I McClellan Ranch West Parking Lot Improvemen t Project. The City of C upertino , its officers, agents , and employees are named as additional insu red in respects to general liability , on a primary and non-contributory basis , as required by written contract. 30 days notice of cancellation applies -10 days notice of cancellation for non-payment of premium applies. CERTIFICATE HOLDER CANCELLATION Cit~ of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN 10 00 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino CA 95014 AUTHORIZED REPRESENTATIVE ~ I Rod Sockolov © 1988-2015 ACORD CORPORATION . All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 45116831 I 18-19 GL-Auto-WC -XS-Prop(Leased Equi p ) I Laura Berry I 10 /29 /2018 1:29 40 PM (PDT) I Page 1 of 3 This certifica te cancels and supersedes ALL previously issued certificates. This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET -YOUR WORK This endorsement modifies insurance prov ided under the following : COM M ER C IAL GE NERAL LIABILIT Y COVERAG E FOR M SCHEDULE -----····-·--·--·--·--·--·-··-,.·--·---------' .... _________ ._ - iName of Person o r Organization: person or organization to whom or to which you are obligated by virtue a written contract or by the issuance or existence of a written permit , to insurance such as i s afforded by this policy . SECTION II -WHO IS A N INSURED is amended to include as an additional insu red 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 omiss ions of those acting on your behalf; in the performance of your ongoing operations ; and/or "your work " defined for the additional insured(s) designated above included in the "products-completed operat ions hazard ". This endorsement effective /2-9 /2 01"8~ forms part of Policy Numb r LHA139208 issued to Galeb Paving , In . ~-- by Landmark American Ins u rance Company RSG 15017 0615 Includes copyrighted material of Insurance Services Office , Inc . 1984 with its permission 45116831 I 18-19 GL-Auto-WC-XS-Prop(Leased Equip ) I Laura Berry [ 10 /2 9 /2 018 1:29 :40 PM (POT) I Page 2 of 3 T hi s certificat.e cancels and supersedes ALL p r eviou sly issued certificates . This Endorsement Changes The Policy . Please Read It Carefully. NOTICE OF CANCELLATION ADDITIONAL INSURED This endorsement modifies insurance provided under the following: ALLCOVERAGEFORMS If you are required by written contract to provide Notice of Cancellation (for reasons other than nonpayment of premium or deductible reimbursement) to any additional insured under this policy , we agree to provide such Notice stating when , no less than 30 days from the date of mailing , such cancellation shall take effect. You agree that as a condition precedent to us providing such notice, you will provide us with a complete list of such additional insureds including appropriate designees and complete mailing addresses . Such list shall be provided within 7 days from the date it is electronically requested . If notice is mailed, proof of mailing is sufficient proof of notice. This endorsement effective 10/29/2018 forms part of Policy Number LHA 139208 issued to Galeb Paving, Inc. by Landmark American Insurance Company RSG 94118 0214 45116831 I 18-19 GL-Auto-WC-XS-Prop (Leased Equip ) I Laura Berry I 10 /29 /2018 1 :29:40 PM (PDT) I Page 3 of 3 This certificate cancels and supersedes ALL previously iss ued certificates I ' M ""~' ' •,: ~:,., -- ST. TE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS~ BROKER COPY l OMPENr.:..TI ON I I<~ U ~AN~ e FUND ! ~ HOME OFFICE SAN FRANCISCO EFFECTIVE JANUARY 1, 2018 AT 12.01 A.M. NF 2-42-21-82 PAGE l OF ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME AND EXPIRING JANUARY 1, 2019 AT 12.01 A.M. GALEB PAVING INC. ARD/OR KINGS R 12340 SARATOGA SUNNYVALE RD SARATOGA, CA 95070 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. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE i.ooi OF THE TOTAL POLICY PREMIUH. PER-SON OR ORGANIZATIO!! ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JO!._DESCRI~ BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY , ALTER, WAIVE OR EXTEND ANY OF THE TERMS , CONDITIONS, AGREEMENTS , OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TEAMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERS.IGNED AND ISSUED AT SAN FRANCISCO'. ~:=:!tls~ JANUARY 4, 2018 IL~.~ PRESIDENT AND CEO 2572 i SCIF FOAM 10217 lREV.7·20141 45255824 I 18-19 GL-Auto-WC -XS-Prop(Leased Equip) I Laura Berry I 11 /6 /2018 10:23:47 AM (PST) This cercificace cance,ls and supersedes ALL previously issued certif i cates. I Page 4 of 4 r;JLO OP 217 Addendum No. 1 Project No. 2017-05 Project Name: McClellan Ranch West Parking Lot Improvement City of Cupertino Page 1 of 1 ADDENDUM NO. 1 Issue Date: September 12, 2018 McClellan Ranch West Parking Lot Improvement PROJECT NO. 2017-05 Bid Opening: October 2, 2018 - 2:00 P.M. The following revision(s) is (are) hereby made to the above referenced project: Project Manual 1.Notice Inviting Bids: Replace Paragraph 2.3 Estimated Cost with the following: “The estimated construction cost is $615,000.” 2.Instructions to Bidders, Paragraph 20, Additive and Deductive Alternates: Replace Paragraph 20.1 with the following: “The apparent low bidder will be determined by adding each of the Alternate bid items to the Base Bid in ascending numerical sequence, until a total is reached to which no further Alternate Bids may be added without exceeding the expected expenditure amount of $615,000. The low bidder will be the bidder whose total amount calculated under the preceding sentence (1) includes the greatest number of Alternates, or (2) offers an equal number of Alternates for the lowest price. If the addition of the first Alternate Bid to the Base Bid results in a figure greater than the above-stated dollar amount in the case of every bidder, the lowest bid will be determined by the Base Bid alone. Once the lowest bidder has been identified in the preceding manner, the City may elect to award the Base Bid alone or any or all Alternate items in any sequence to the low bidder even if the resulting contract amount no longer represents the lowest total price for the particular items chosen. All Bidders are required to submit bids on all bid items including any and all Alternate items.” 3.Bid Schedule: Replace this section with the revised Bid Schedule, attached. IMPORTANT: Bidders must indicate receipt of this addendum in the Bid Proposal. Failure to do so may cause rejection of the bid. APPROVED BY: Michael Zimmermann Capital Improvement Program Manager Bidder’s Name: ___________________________ McClellan Ranch West Parking Lot Improvement BID SCHEDULE Project No. 2017-05 Page 11 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. LS = Lump Sum EA = Each LF = Linear Foot CF = Cubic Feet CY = Cubic Yard SY=Square Yard SF = Square Feet LB = Pounds TON = Ton (2000 lbs) AL = Allowance BASE BID: NO. ITEM DESCRIPTION QTY. UNIT ITEM COST 1 Temporary Tree Protection 1 LS $ 2 Chain Barrier on Wood Post 1 LS $ 3 Grape Stake Fence 155 LF $ 4 Split Rail Fence 28 LF $ 5 Vehicular Access Gate 1 LS $ 6 General Electrical Requirements 1 LS $ 7 Site Clearing 1 LS $ 8 Earth Moving 1 LS $ 9 Concrete Curb 306 LF $ 10 Truncated Dome 102 SF $ 11 12,336 SF $ 12 Stabilized Decomposed Granite Paving 847 SF $ 13 Pavement Markings 1 LS $ 14 Signage 1 LS $ 15 ADA Wheel Stops 1 LS $ 16 1,860 SF $ 17 Hydroseed 17,114 SF $ 18 Log 17 EA $ 19 Log Wheel Stop 25 EA $ TOTAL BASE BID: Items 1 through 19 inclusive: $ Bidder’s Name: ___________________________ McClellan Ranch West Parking Lot Improvement BID SCHEDULE Project No. 2017-05 Page 12 BID ALTERNATE NO. 1: NO. ITEM DESCRIPTION QTY. UNIT ITEM COST 20 Irrigation 1 LS $ 21 15 Gal Tree 18 EA $ 22 5 Gal Tree 115 EA $ 23 1 Gal Tree 178 EA $ 24 Mulch 1 LS $ 25 Landscape Boulder 198 TON $ TOTAL BID ALTERNATE: Items 20 through 25 inclusive: $ TOTAL BID = BASE BID + BID ALTERNATE = $ _____________________________________________ Note: The amount entered as the “Total Base Bid” and “Total Bid Alternate” should be identical to the Base Bid and Bid Alternate amounts entered in Section 1 of the Bid Proposal form. BIDDER NAME: END OF BID SCHEDULE Addendum No. 2 Project No. 2017-05 Project Name: McClellan Ranch West Parking Lot Improvement City of Cupertino Page 1 of 3 ADDENDUM NO. 2 Issue Date: September 26, 2018 McClellan Ranch West Parking Lot Improvement PROJECT NO. 2017-05 Bid Opening: October 2, 2018 - 2:00 P.M. The following revision(s) is (are) hereby made to the above referenced project: Items 1 through 7 pertain to Section 32 14 40 – Stabilized Decomposed Granite Paving 1. Granitecrete has recently updated its material composition and installation methods. Please confirm this specification is current and installation is applicable. Response: Use the current version as found in the manufacturer’s “Technical Information & Downloads” website - https://www.granitecrete.com/technical-infodownloads/ 2. What is the optimum percentage of moisture content necessary? Please advise. Response: Refer to the testing results as found in the manufacturer’s “Technical Information & Downloads” website - https://www.granitecrete.com/technical-infodownloads/ 3. Please provide objective testing criteria and ASTM/ANSI testing standards for required aggregate. Response: ASTM D558, D2844 and D5084 per the testing results found in the manufacturer’s “Technical Information & Downloads” website - https://www.granitecrete.com/technical- infodownloads/ 4. Please provide objective testing criteria and ASTM/ANSI testing standards for required binder/resin. Response: Consult the manufacturer for this information. 5. Please provide sufficient installation instructions to enable objective third party compliance certification. Addendum No. 2 Project No. 2017-05 Project Name: McClellan Ranch West Parking Lot Improvement City of Cupertino Page 2 of 3 Response: Per 3.03, I., surface shall not have depressions or humps greater than 1/4 inch per 10 feet. 6. Please verify that testing required to verify material compliance will be performed by others. Response: Testing required to verify material compliance will be performed by others. 7. Please verify that installation compliance certification will be performed by others. Response: Installation compliance certification will be performed by others. 8. L-2.0 calls out (2.0) Parking lot permeable base with headerboard – see Civil Drawings. C-1, C-2, C-3 do not state anything about the headerboard size or material. Please clarify material to be used as this headerboard and where the headerboard is located. Response: Refer to Detail B on Sheet L-4.0 for headerboard information. 9. Section 32 90 00 – 2.6 Landscape Boulders. States boulders shall be cleaned prior to delivery. If moss rock is utilized, does the moss need to be removed? Response: Boulders only need to be washed enough to see their true color; no pressure- washing that would remove moss is required. 10. L-2.0 states the boulder weight in the legend (5.01). Due to the quality of the PDF, some letters are missing and the small boulder says “1 2 Tons”. Can you please clarify the weight wanted for the small boulders? Response: The boulder quantities are: Large = 70, Medium = 41, Small = 33. Translated into tonnage, it would be 70x2 plus 41 plus 33x0.5 = 198 tons. 11. Under spec section 32 90 00 – 2.05D Hydroseed, both wood fiber hydromulch mulch and BFM are called out to be used in the mix. Please clarify which is to be used. Response: The hydroseed will use the hydromulch, not the BFM. Addendum No. 2 Project No. 2017-05 Project Name: McClellan Ranch West Parking Lot Improvement City of Cupertino Page 3 of 3 12. L-2.0 calls out Joint TYP on the Pervious Concrete Paving. Please include a detail for these joints. Response: These are “Weakened Plane Joints” - 1.5" deep x 1/4" width with 3/8 radius (better than 1/4" radius for permeable). See detail below. 13. Note #3 on the Coversheet states the contractor will be responsible for all permits that are required for the job. Please provide a list of permits needed to complete this scope of work, their associated cost and the permitting agency. Response: City is obtaining all permits required for the project. 14. Note #12 on the Coversheet states that the contractor shall pay all fees to acquire a metered hookup to a city water source. Please specify what permits are needed to acquire a metered hookup, what the associated fees are and the permitting agency to contact. Response: Portable meters for construction water can be obtained from San Jose Water Company, Purchasing Department located at 1251 Bascom Avenue, San Jose CA 95128. For applications and additional information please refer to the San Jose Water Company website or follow this link: https://www.sjwater.com/portable-meters 15. City has discovered that the Project Plans uploaded to the download site has some legibility issues. These issues have been fixed and the Project Plans have been re-uploaded. IMPORTANT: Bidders must indicate receipt of this addendum in the Bid Proposal. Failure to do so may cause rejection of the bid. APPROVED BY: Michael Zimmermann Capital Improvement Program Manager Performance Bond Bond #070207579 Premium: $6,236 .00 The City of Cupertino ("City") and Galeb Paving, Inc. ("Contractor") have entered into a contract, dated October 16 , 201..!L_ ("Contract") for work on the < McClellan Ranch West Parking Lot Improvements > Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, Contractor as Principal and The Ohio Casualty Insurance Cqmpany its surety ("Surety"), are bound to City as obligee for an amount not less than $605,082.88 . By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond. 2. Surety's Obligations. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, and Contractor has timely provided a warranty bond as required under the Contract. Surety's obligations under this Bond will become null and void upon City's acceptance of the Project, excluding any exceptions to acceptance, if any. Otherwise Surety's obligation will remain in full force and effect until expiration of the one year warranty period under the Contract. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or back charges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City that Contractor is in 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: McClellan Ranch West Parking Lot Improvement Project No. 2017-05 PERFORMANCE BOND Page 28 Attn: Raymomd Wu Address: 255 California Street , Suite 950 City/State/Zip: San Francisco, CA 94111 Phone : (415) 537-2509 Fax :--=~-=-::-=:--:=-,--:-::-~...,....,,.--,,.......,..:---,---:------------ Email: RAYMOND .WU@LibertyMutual.com 8. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for Santa Clara County in which the Project is located , 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 October 22 , 20~. SURETY: The Ohio Casua Lty Insurance Company ~~a~ Jean U eu , Attorney-in-Fact Name/Title [print] (Acknowledgment with Notary Seal fo r Surety and Surety's Power of Attorney must be attached.) CONTRACTOR: Galeb Paving, Inc. ,i / Bu~nes~ '!Sw~Of\...f ~ffU-&i D~-r Name/Title s/ _________________________ _ Name/Title END OF PERFORMANCE BOND McClellan Ranch West Parking Lot Improvement Project No. 2017-05 PERFORMANCE BOND Page 29 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cert ificate is attached, and not the truthfulness , accuracy, or validity of that document. State of California S t Cl County of an a ara On OCT 2 . 2 2ll1& before me , Erin Bautista, Notary Public -----=--------(insert name and title of the officer) personally appeared _J_e_a_n_L._N_e_u ______________________ _ who proved to me on the basis of satisfactory evidence to be the person(~) whose name(s) is/~~ subscribed to the within instrument and acknowledged to me that ~e/she/~executed the same in nfSfher/~r::authorized capacity(fe'S{), and that by m s/her/~ signature(s) on the instrument the person(:s), or the entity upon behalf of which the person(s) acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ---"~"'r/ 'c,"-"=.,·,__~"""""'=--="""'·=-'--;f-----(Seal) THIS POWER OF ATTORNEY IS NOT VALID UN LE SS IT IS PRINT E D ON RED BAC K GROUND. · This Powe·r of Attorney limits the acts of those named herein , and they have no authority to bind the Company except in the manner and to the extent herein stated. Cert ifi ca te No. 7885430 Liberty Mutual In surance Company The Ohio Cas ualty Insurance Company West American In surance Company POWER OF ATTORNEY KNOWN AL L PERSO NS BY THESE PRESEN TS: That Th e Ohio Cas ualt y Insurance Co mpa ny is a corporation duly organized und er the la ws of th e Sta te of New Hamps hire, that Lib erty Mutu al In sura nce Compa ny is a corporat ion dul y orga nized under the laws of th e State of Massachusetts . and West Ameri ca n Insurance Company is a co rporation duly organized und er the laws of the State of Indiana (he rein co llective ly ca ll ed th e "Co mpanies"). pursuant to and by authority herein set forth. doe s he reby name , co nstitute and appoint , Bryan D. Martin; Erin Bautista ; Jean L. Neu all of th e city of San Mateo , state of CA each individu ally if th ere be more than one named. its tru e and lawful attorney-in-fact to make , execute , sea l, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all und ertakings, bo nd s, recog ni za nces an d oth er surety ob li gations , In pursua nce of these presents and shall be as binding upon the Companies as if they have been du ly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITN ESS WHERE OF, this Power of Attorney has been subscribed by an authorized officer or officia l of the Companies an d the corpora te sea ls of the Companies have bee n affixed thereto this 6th day of September , ~- STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss By : The Ohio Casualty Insurance Company Liberty Mutual Insuran ce Company West American In surance Company d/7~, David M. Carey~'--is-ta_n_t -S-e-cr-e-ta_ry _____ _ On th is ~ day of September , 2017 . before me perso nal ly appeared Da vid M. Ca rey, who acknow ledged himself to be th e Ass ista nt Sec retary of li berty Mu tua l Insuran ce Company, The Ohio Cas ualty Company, and West American Insurance Co mpa ny, and tha t he, as such , being authorized so to do, execute the foregoi ng in strume nt for th e purposes th erei n con tained by sig ning on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHERE OF, I have hereunto sub sc ribed my name and affixed my notarial sea l at King of Pru ss ia , Penn sy lvania, on the day and year first above wri tten. By:~~~--- Teresa Pastell a, Notary Pu bl ic COMMONWEA LTH OF PENNSYLVAN IA -----------·---- Notarial Seal Teresa Pc1stella, Notary Public OF Upp e r Merion Twp .. Monlgomery County :<;.,, ,'it' My Comm ission Expires March 28. 2021 1-::i::--'V/vsv\.~~" ,e, ""'4Frv ~v Member. Pennsylvania Associri tion of Notaries Th is Power of Attorney is rnade and exec uted pursuant to and by authority of th e follo wing By-l aws and Aut11orizations of The Ohio Casualty In surance Co mp any, Liberty Mutual In surance Compa ny, and Wes t Ame ri can Insurance Co mp any whi ch resolutions are now in full force and effect read in g as fo llows: ARTICLE IV-OFFICERS -Section 12. Power of Attorney. Any office r or olher officia l of the Corporation authorized for tha t pu rpose in wri ting by th e Chairman or the President , an d subject to such limitation as the Chairm an or the President may prescribe , sha ll ap point such attorneys-in-fact , as may be necessa ry to act in beha lf of the Corporation to make, execute, seal, acknowledge an d delive r as surety any and all unde rtakin gs , bond s. recog niza nces and othe r surety obligations. Such atto rn eys-i n-fa ct, subject to the limi tations set forth in th ei r res pecti ve powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instrument s and to attach thereto the sea l of the Corporation. When so executed, such instrument s shal l be as binding as if signed by the Presidenl and attested to by the Secretary. Any power or authority granted to any representative or attorn ey-in-fact under th e provisions of this art icle may be revoked at any time by the Board, the Chai rm an , th e President or by the office r or officers granting such power or authority. ARTICLE XIII -Execu tion of Contracts -SECT ION 5. Surety Bonds and Undertakings . Any offi cer of the Company authorized for tha t purpose in writin g by the chairma n or the president , and subject to such lim itations as the chai rm an or the pres ident may prescrib e. shall appoin t such attorneys -in-fac t, as may be necessary to act in be half of the Compa ny to make , exec ute, seal , acknowledge and delive r as su rety any and all undertaki ngs , bonds , recogniza nces and other su rety obligations. Such attorneys-i n-fact subject to the limitations set fort h in their respective powers of attorney, shall have fu ll power to bind th e Company by th ei r signature and execution of any such instruments and to attach th ereto th e seal of the Company. When so executed such instruments shall be as binding as if sign ed by th e pres ident and attes ted by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Byl aws of the Company. auth orizes David M. Carey, Assistant Secretary to appoi nt such attorney s-in f act as may be necessary to act on behalf of the Compa ny to make, execute , seal, acknowledge and deliver as surety any and all und ertak in gs , bonds , recognizances and other su rety ob ligations. Authorization -By un animous consent of th e Company's Boa rd of Directors, the Compa ny cons ents th at facsimile or mechani ca ll y reproduced signat ure of any assistant secretary of the Company, wherever appea ring upon a certifi ed copy of any power of attorne y iss ued by th e Company in co nnecti on with surety bonds, shall be va li d and binding upon the Co mpany with the same fo rce and effect as though manually affixed . I, Renee C. Llewellyn , th e undersigned , Assistant Secretary, Th e Ohio Cas ualty Insurance Company, Li berty Mutual Insurance Compa ny, and West America n Insu rance Company do hereby cert ify that the ori ginal power of attorney of which the foregoing is a full , true and correct copy of the Power of Attorney executed by said Companies , is in full force and effect and has not been revoked . 139 of 250 LMS_ 12873_022017 >, C1I "C (/) (/) Q) C: (/) ::::, ..c >, C: Ill C: -0 ~ 1->,cn Q) w EE 0 a. =o <(M 'o~ ... "C Q) C: :: Ill OE 0.. Ill .!!lo J:O ::m 0 C: ~~ :§~ -Q) ~..c Qlo J: -.:t .... C"II E~ .::~ 'E~ 00 u..- 0 (9 I-.... Bond #070207579 Premium: Incl. in Performance Bond Payment Bond The City of Cupertino ("Cityu) and Galeb Paving, Inc. ("Contractor") have entered into a contract, dated October 16 , 20j§_ ("Contract") for work on the < McClellan Ranch West Parking Lot Improvements > Project ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and McClellan Ranch West Parking L9t Improvements its surety ("Surety"), are bound to City as obligee in an amount not less than $ 605.082 .88 , under California Civil Code sections 9550, et seq. 2. Surety's Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code section 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract. or any amounts required to be deducted, withheld. and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors, under California Unemployment Insurance Code section 13020. with respect to the work and labor. then Surety will pay the obligation . 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond . Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond . 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract. in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives the requirement of a new bond for any supplemental contract Lmder Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Raymond Wu Address: 255 California Street. Suite 950 City/State/Zip: San Francisco. CA 94111 Phone : (415) 537-2509 Fax:_~.,....,.,...=~...,....,..,.,....,...,,,..,--,.,--...,.......,-,-,--.,------------ Email: RAYMOND.WU@LibertyMutual.com 6. Law and Venue. This Bond will be governed by California law. and any dispute pursuant to this Bond will be venued in the Superior Court of Santa Clara County in which the Project is located. and no other place. Surety will be responsible for City"s attorneys· fees and costs in any action to enforce tile provisions of this Bond. McClellan Ranch West Parking Lot Improvement Project No. 2017-05 PAYMENT BOND Page26 7. Effective Date; Execution . This Bond is entered into and is effective on October 22 , 20-1§ SURETY : The Ohio Casualty Insurance Company Business Name /) s/~~ {) Jean L. Neu, Attorney-in-Fact Name/Title (Acknowledgment with Surety's Notary Seal and Surety's Power of Attorney must be attached.) CONTRACTOR: Galeb Paving, Inc. ____ s_u-~sNa ~ &/ ~ -:;3,Cwe::ooAJ <141.E~. PJZGs, O'""-'• . Name/Title s/ __________________ _ Name/Title END OF PAYMENT BOND McClellan Ranch West Parking Lot Improvement Project No. 2017 -05 PAYMENT BOND Page 27 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy , or validity of that document. State of California S t Cl County of an a ara on OCT 2 . 2 2018 before me, Erin Bautista, Notary Public ----------'------(insert name and title of the officer) personally appeared _J_e_a_n_L_. _N_e_u ______________________ _ who proved to me on the basis of satisfactory evidence to be the person(~) whose name(s) is/~~ subscribed to the within instrument and acknowledged to me that liie/she/ttrerf executed the same in hlSfher/~rcauthorized capacity(test), and that by ti:s/her/ttrei¥ signature(s) on the instrument the person(:s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Yffet ~ (Seal) (1)0 0 Cl) C: iii -... Cll+-' C) 1/) ('(I Cl) C) ai ...... o.!: E -... s 0 ('(I ... >, THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein , and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No . 7885431 Liberty Mutual Insurance Company The Ohio Casualty Insuran ce Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESEN TS : That The Oh io Casua lty Insurance Company is a corporation duly organized und er the laws of the State of New Hampshire , that Liberty Mutual In surance Company is a corporation duly orga ni zed und er the la ws of the State of Massachusetts. and West America n In surance Company is a corpo rati on duly organized under the laws of the State of Indi ana (herein co ll ectively called the "Compa nies "), pursuant to and by authority herein se t forth. does hereby name, constitute and appoint , Bryan D. Martin ; Erin Bautista ; Jean L. Neu all of the city of San Mateo , state of CA each individually if there be more than one named, its true and lawfu l attorney-in-fact to make, execute, sea l, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings , bonds , recognizances and other surety ob ligations, in pursuance of these presents and sha ll be as binding upon the Companies as if they have been duly signed by the !)resid ent and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREO F, this Power of Attorney has been subscribed by an au th orized officer .or official of the Compan ies and the corpo rate seals of the Companies have been affixed thereto this 6th day of September , ~- STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss By: The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insu rance Company d/;{!;:' David M. Carey.A-· s-s-is-ta_n_t_S_e-cr-e-ta_ry ______ _ On this~ day of September , 2017 . before me persona lly appeared David IV\. Carey, who acknowledged himse lf to be the Assistant Secretary of Liberty Mutual Insurance Compa ny, The Ohio Casualty Company, and West American Insurance Company, and that he, as such , being authorized so to do, execute the foregoing inst ru ment fo r t11e pu rpo ses therein contained by signing on behalf of the corporations by himself as a duly autho ri zed officer. IN WITNES S WHEREOF, I have hereunto subscr ibed my name and affixed my notarial sea l at King of Prussia, Pennsylvania, on the day and yea r first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella. Notary Public Upper Merion Twp ., Montgomery County My Commission Expires March 28, 2021 Member. Pennsylvanit1 Associc1tinn of Notaries By:_~~ -----------Teresa Pastell a, Notary Public This Power of Attorney is made and exec uted pursuant to and by authority of th e following By-laws and Authorizat ions of Th e Ohio Cas ually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect re ading as follows: ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or othe r officia l of the Corporation authorized for that purpose in wri ting by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe , shall appoint such attorneys-in-fact, as may be necessa ry to act in beha lf of the Corporati on to make, execute, seal , acknowledge and deliver as surely any and all undertakings , bonds, recognizances and other surety obligations. Such attorneys-i n-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power lo bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation . When so executed, such instruments shall be as binding as if signed by the President and attested to by the Sec retary. Any power or aut hority granted lo any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board , the Chairman , the President or by the officer or officers granting such power or au thority. g ARTICLE XIII -Execution of Contracts -SECT ION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, e and subject to such limitations as the chairman or the president may prescribe. shall appoint such attorneys-in-facl. as may be necessary to act in behalf of the Company to make, execute. :5 seal, acknowledge and deliver as surety any and all undertakings , bonds , recognizances and o ther surety obligation s. Such attorneys-in-fact subject to the limitations set forth in their u respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and lo attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president _and attested by the secretary. · Certificate of Designation -Th e President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoi nt such attorneys-in tact as may be necessary to act on behalf of the Company to make. execuie , seal, acknowledge and deliver as surety any and all undertakings , bonds, recognizances and other surety obligations . Authorization -By unanimous co nsent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in conne.ctio n with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn , the undersigned , Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual In surance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full , true and correct copy of the Power of Attorney execu ted by said Companies, is in full force and effect and has not been revoked. OCT 2 2 20W IN TESTIMONY WHE REOF, I have hereunto set my hand and affixed the seals of sa id Companies this ___ day of _______ """" ________ , 20 ___ . 140 of 250 LMS_ 12873_022017 >, ('(I "C 1/) 1/) Cl) C: 1/) :, .0 >, C: C'O C: -o ('(11-u C/) ~w EE 0 a. :t::o <( C"') 0~ ... "C Cl) C: 3 ('(I OE a. ('(I .!!lo ..c:O ::m 0 C: ~~ :s~ :: Cl) ~ .0 (1)0 £~ E O? .::~ 'EC? 00 u.- o<l? I-.... Contract This public works contract ("Contract") is entered into by and between the City of Cupertino ("City "), a municipal corporation, and _G_a_l_eb_P_a_vi_ng:c..,_l_nc_. __________ _ ("Contractor"), for work on the< McClellan Ranch West Parking Lot 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 and accompanying Bid Schedule , a copy of which is attached for convenience as Exhibit A, to perform the Work to construct the Project. On October 16 , 20..!.!L_, 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 following: 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any ; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment Bond, Performance Bond and, if required, a Warranty Bond; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Drawings and Specifications; 2.10 Change Orders, if any ; 2.11 Notice of Award; 2.12 Notice to Proceed; 2.13 The following : No other documents 3. Contractor's Obligations. Contractor will perform all of the Work required for the Project , as specified in the Contract Documents . Contractor must provide , furnish , and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor , materials , supplies, tools, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents . Contractor must use its best efforts to 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 $ 605,082.88 ("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 90 calendar days from the date of the Notice to Proceed ("Contract Time"). By signing below , Contractor expressly waives any claim for delayed early completion. 6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of$ 1,500 per day for each day of une xc used delay in completion , and such liquidated damages may be deducted from City's payments due or to become due to Contractor under this Contract. McClellan Ranch West Parking Lot Improvement Project No . 2017-05 CONTRACT Page 22 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 . 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 under Labor Code section 1725.5, subject to limited legal exceptions. 8. Workers' Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers ' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract." 9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law , including under Government Code section 1090 et seq . and under the Political Reform Act as set forth in Government Code section 81000 et seq . and its accompanying regulations . No officer, official, employee, consultant, or other agent of the City ("City Representative") may have, maintain, or acquire a "financial interest" in the Contract, as that term is defined under the Political Reform Act (Government Code section 81000, et seq ., and regulations promulgated thereunder); or under Government Code section 1090 , et seq.; or in violation of any City ordinance or policy while serving as a City Representative or for one year thereafter. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. McClellan Ranch West Parking Lot Improvement Project No. 2017 -05 CONTRACT Page 23 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 (or comparable) file . Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows : City: Name : City of Cupertino Address: 10300 Torre Avenue City/State/Zip : Cupertino, CA 95014 Phone: (408) 777-3354 Email: AlexA@cupertino.org Copy to: PWinvoices@cupertino.org Contractor: Name: ___ G_a_l_eb_P_av_i_ng_,_l_nc_. _______ _ Address: ___ 1.:.:2=3-'-4=0-=S=a""'ra=to=--g=a'--S=u=n-"-n'--'-y-'-va=l=e-'-R=d"-. __ _ City/State/Zip :_S_a_ra_to~g~a~, _CA_9_5_07_0 ______ _ Phone: ___ (..__4_08__,_)_2_5_3-_4_7 4_7 ________ _ Attn: ____ L_e_e_P_e_ll_ic_c_io_tt_i --------- Email: ___ --'-le_e@'""""""g._a_le_b.,_pa_v_in~g,_.c_o_m ______ _ Copy to: ___ t_oy._o~@-g~a_le_b~p_a_vi_n_g_.c_om ______ _ 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 except as expressly provided in the General Conditions or Special Conditions . 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Santa Clara County, and no other place. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete , and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party . If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313 . [Signatures are on the following page.] McClellan Ranch West Parking Lot Improvement Project No. 2017-05 CONTRACT Page 24 The parties agree to this Contract as witnessed by the signatures below : CONTRACTOR Galeb Paving , Inc. By Name ________ ~ Title. _________ _ Date. _________ _ CITY OF CUPERTINO A~~D AS T0¢2F ~M: . , By ~~V Name fz_o c:,.,,-o . h -Uro Date I I _ C/__J_ i City Attorney . / ~ I ~C--)c) ATTEST : \ J/ 6 NL£~4d_4A JJl= Grace Schmidt City Clerk Date I/· ( S-· I [ Contract Amount: $ 60 5 ,082 .88 P.O. No . ---------- Account No . 420-99-030-900-905 END OF CONTRACT McClellan Ranch West Parking Lot Improvement Project No. 2017-05 CONTRACT Page 25 Exhibit A Bidder 's Name : Q.A<&;~ Ev, "'{4 ,, la.Jc . Bid Proposal McClellan Ranch West Parking Lot Improvement < 0.AU:.B ~Vt tJ~, 11\,tC::.. · > ("Bidder") hereby submits this Bid Proposal to the City of Cupertino ("City') for the above-referenced project ("Project") in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced therein . 1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents , w ithin the time required for full completion of the Work , including all labor , materials , suppl ie s, and equipment and all other direct or indirect costs including , but not limited to, taxes , insurance and all overhead for the following price ("Base Bid "): $ MD 1'24-~ 2. Bid Alternates. Bidder submits the following prices for th e specified bid alternates : BidAlternate#1 : ITG':1'2-01\-\-ltOV.c:,~ 1..-G l"-\c1..vs\ve:: a:> Add :$ I \4,J&e>- 3. Addenda . Bidder agrees that it has confirmed receipt of or access to , and reviewed, all addenda issued for this Bid. Bidder specifically acknowledges receipt of the following addenda: Addendum: #01 #02 #03 #04 Date Received : Gl~lt--lS q.u.,. ... ,e, Addendum : #05 #06 #07 #08 Date Received : 4. Bidder's Warranties. By signing a nd submitting this Bid Proposal , Bidder warrants the following : 4 .1 Examination of Cont ra ct Documents. Bidder has thoroughly examined the Contract Documents and rep resents that, to the best of Bidder's knowledge, there are no errors, omissions , or discrepancies in the Contract Documents , subject to th e limitations of Public Contract Code section 11 04. 4.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location . 4.3 Bidde r is Qualified. Bidder is fully qualified to perform the Work . 4.4 Responsi bility for Bid. Bidder has ca refu lly reviewed this Bid Proposal and is sole ly respons ibl e for any errors or omissions contained in its completed Bid . 5. Award of Contract. By signing and submitting this B id Proposal, Bidder agrees that if Bidder is awarded the Contract fo r th e Project, within ten days following issuance of the Notice of Award to Bidder, Bidder wi ll do all of the following: 5.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Propos a l, by sign ing and submitting to C ity the Contract prepared by City using the form included with the Con tract Documents ; McClellan Ranch West Parking Lot Imp ro vement Project No . 2017-05 BID PROPOSAL Page 9 Exhibit A Bidde r's Name : WU:5 Thv1 .Jt;, '""' · 5 .2 Submit Required Bonds. Submit to City a payment bond and a pe rforman ce bond , each for 100% of the Contract Price , using the bond forms provided and in acco rdan c e with the requ irements of the Contract Documents ; and 5.3 Insurance Requirements . Submit to City the insurance ce rt ificate (s) and endo rsement (s) as required by the Contract Documents. 6 . Bid Security . As a guarantee that, if awarded the Contract , Bidder w ill perform its obl igations under Section 4 above , B idder is enclosing bid secu r ity in t he a moun t of ten percent of its ma xi mum bid amount in one of the fo llowing forms (check one): A cashier's check or certified check payable to City and issued b y -------------[Bank name] in the amo unt of $ ___________ _ L A bid bond , us i ng the Bid Bond form inc lu ded wit h the Cont ract Documents , payabl e to City and executed by a surety licensed to do bus iness in the State of Ca lifornia . This Bid Proposal is hereby submitted on _O_~_:T_. _2-______ , 2o_Lf? Bidder Bus i ness Name ·---~ -..A J-- Signature ..,... P'1o G.A ~) v le t:.~$, C?<NT NamefTitle (If Corporat ion: Chairman , Preside nt or Vice Pres ident) -;t...~l t.. A\ G \~ Ol!f-. "?c.:> • l t::\ License#, E xpiration Date, and C lassification lt$4o GAflAf\>'4 ... !v"',.. yt1Au R,;,. Address SAUA1DGA. CA C/~ro City, State , Zip ' 4-oa . t ~i . 4:7-4-:+ Contact Phone Oc:t . Z , Z=>\~ Date ~-~ ~v \, Signature V MAU.A r2£1 dAcii. ~utrA~ Name/Title (If Corpora ti o ri: Secretary , A ss istant Secreta ry, Chief Financial Officer or Assistant Treasurer) IC>OtX:>Oc,461- DIR Regi strati on # Phone Ue. ~ LLUc , am , :;t,.ltor.. £ :;,r-1 ~,z_ Conta ct NamefTitle Uf_ {J {JAl£~ J'AVINt;. ~'1 Contact Ema il END OF BID PROPOSAL McC lell an Ranch West Parking Lot Improvem ent Project No. 2017 -05 BID PROPOSAL Pag e 10 Exhibit A Bidder's Name : 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 Subcontracto r. 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 iden tical to the Base Bid price entered in Sect io n 1 of the Bid Proposal Form . EA= Each LF = Linear Foot LS= Lump Sum SY=Square Yard SF = Square Feet LB= Pounds BASE BID: NO. ITEM DESCRIPTION QTY. 1 Temporary Tree Protection 1 2 Chain Barrier on Wood Post 1 3 Grape Stake Fence 155 4 Split Rail Fen ce 28 5 Vehicular Access Gate 1 6 General Electrical Requirements 1 7 Site Clearing 1 8 Earth Moving 1 9 Concrete Curb 306 10 Truncated Dome 102 Portland Cement Pervious Concrete 11 PavinQ 12,336 12 Sta bilized Decomposed Granite Pav ing 847 13 Pavement Markings 1 14 Sig nage 1 15 ADA Whee l Stops 1 16 Parking Lot Permeable Base w/ Header 1,860 board 17 Hydroseed 17 ,114 18 Log 17 19 Log Wheel Stop 25 CF= Cubic Feet CY = Cubic Yard TON= Ton (2000 lbs) AL= Allowance UNIT UNIT ITEM COST PRICE .... $ :t., e,10 ~ LS z,1,,0 - LS 4yU>C>~ $ 4, wo'-2 LF 1'1~ $It,*~ LF 2..'11~ $ s, ';>lb'=- LS &~~ $ 6,boC>~ LS '!:o/f ;l> a; $J0,91t>~ LS 1'!P, 11,() -$ 71P, Jt,t> ~ LS '1"1g~ ~ $ '1ft f]!t) TC LF 1i~ $ "l.:'3, 116 <.:::. SF ~'!! $ "5. IOC>~ I l~~ c:., SF $ lC\1 1 we>- SF e-$ {pl 17(p'::! LS i-?t:>D~ $ Z-1 ?OD':!! LS \ OC>D<:!. $ 11 DCJD ~ LS 2-.«>':! $ too~ SF !,~ $ 5,1&:>~ SF o. 'Z.~ $ ~,e&t~ EA 4ac>~ $~/BoD~ EA 1,.~0'1! $ ~t'~C>~ fji:f> TOTAL BASE BID: Items 1 through 19 inclusive: $ _____ M __ o_,_~_V/:_.__-____ _ McClellan Ranch West Parking Lot Improvement Project No. 2017-05 BID SCHEDULE Page 11 Exhibit A Bidder's Nam e: dAu;g. 'PAv lt.St: ' \"¥. Add e ndum N o. 1 BID ALTERNATE NO. 1: NO. ITEM DESCRIPTION QTY. UNIT UNIT ITEM COST PRICE 20 Irrigation 1 LS 't~~ $ Z.'? ,{)Ol) ~ 0. (.0 21 15 Gal Tree 18 EA l7D " $ ~,ObD - 22 5 Gal Tree 115 EA Go (oi>-$ 11 B'Z.D ~ 23 1 Gal Tree 178 EA ~,~ $ q, 07~-:::. 24 Mulch 1 LS '149D <i-$ 1, ~l)&.;' 25 Landscape Bould e r 198 TON '!46 "':, $u,4',i~o~ cc TOTAL BID ALTERNATE : Items 20 through 25 inclusive: $ I l 4-1 ~f> - BASE BID + BID ALTERNATE=$ ___ ~_0_61....__0_B.,_J,._f;§_ ________ _ Note: The amount entered as the "Total Base Bid " and "Total Bid Alternate " should b e identical to the Base Bid and Bid Alternate amounts entered in Section 1 of the Bid Proposal form . END OF BID SCHEDULE McCle ll an Ra nch West Parking Lot Improvement Project No . 20 17-05 BID SCHEDULE Page 12 Performance Bond Bond #070207579 Premium: $6,236 .00 The City of Cupertino ("City") and Galeb Paving, Inc. ("Contractor") have entered into a contract, dated October 16 , 201..!L_ ("Contract") for work on the < McClellan Ranch West Parking Lot Improvements > Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, Contractor as Principal and The Ohio Casualty Insurance Cqmpany its surety ("Surety"), are bound to City as obligee for an amount not less than $605,082.88 . By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond. 2. Surety's Obligations. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, and Contractor has timely provided a warranty bond as required under the Contract. Surety's obligations under this Bond will become null and void upon City's acceptance of the Project, excluding any exceptions to acceptance, if any. Otherwise Surety's obligation will remain in full force and effect until expiration of the one year warranty period under the Contract. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or back charges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City that Contractor is in 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: McClellan Ranch West Parking Lot Improvement Project No. 2017-05 PERFORMANCE BOND Page 28 Attn: Raymomd Wu Address: 255 California Street , Suite 950 City/State/Zip: San Francisco, CA 94111 Phone : (415) 537-2509 Fax :--=~-=-::-=:--:=-,--:-::-~...,....,,.--,,.......,..:---,---:------------ Email: RAYMOND .WU@LibertyMutual.com 8. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for Santa Clara County in which the Project is located , 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 October 22 , 20~. SURETY: The Ohio Casua Lty Insurance Company ~~a~ Jean U eu , Attorney-in-Fact Name/Title [print] (Acknowledgment with Notary Seal fo r Surety and Surety's Power of Attorney must be attached.) CONTRACTOR: Galeb Paving, Inc. ,i / Bu~nes~ '!Sw~Of\...f ~ffU-&i D~-r Name/Title s/ _________________________ _ Name/Title END OF PERFORMANCE BOND McClellan Ranch West Parking Lot Improvement Project No. 2017-05 PERFORMANCE BOND Page 29 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cert ificate is attached, and not the truthfulness , accuracy, or validity of that document. State of California S t Cl County of an a ara On OCT 2 . 2 2ll1& before me , Erin Bautista, Notary Public -----=--------(insert name and title of the officer) personally appeared _J_e_a_n_L._N_e_u ______________________ _ who proved to me on the basis of satisfactory evidence to be the person(~) whose name(s) is/~~ subscribed to the within instrument and acknowledged to me that ~e/she/~executed the same in nfSfher/~r::authorized capacity(fe'S{), and that by m s/her/~ signature(s) on the instrument the person(:s), or the entity upon behalf of which the person(s) acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ---"~"'r/ 'c,"-"=.,·,__~"""""'=--="""'·=-'--;f-----(Seal) THIS POWER OF ATTORNEY IS NOT VALID UN LE SS IT IS PRINT E D ON RED BAC K GROUND. · This Powe·r of Attorney limits the acts of those named herein , and they have no authority to bind the Company except in the manner and to the extent herein stated. Cert ifi ca te No. 7885430 Liberty Mutual In surance Company The Ohio Cas ualty Insurance Company West American In surance Company POWER OF ATTORNEY KNOWN AL L PERSO NS BY THESE PRESEN TS: That Th e Ohio Cas ualt y Insurance Co mpa ny is a corporation duly organized und er the la ws of th e Sta te of New Hamps hire, that Lib erty Mutu al In sura nce Compa ny is a corporat ion dul y orga nized under the laws of th e State of Massachusetts . and West Ameri ca n Insurance Company is a co rporation duly organized und er the laws of the State of Indiana (he rein co llective ly ca ll ed th e "Co mpanies"). pursuant to and by authority herein set forth. doe s he reby name , co nstitute and appoint , Bryan D. Martin; Erin Bautista ; Jean L. Neu all of th e city of San Mateo , state of CA each individu ally if th ere be more than one named. its tru e and lawful attorney-in-fact to make , execute , sea l, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all und ertakings, bo nd s, recog ni za nces an d oth er surety ob li gations , In pursua nce of these presents and shall be as binding upon the Companies as if they have been du ly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITN ESS WHERE OF, this Power of Attorney has been subscribed by an authorized officer or officia l of the Companies an d the corpora te sea ls of the Companies have bee n affixed thereto this 6th day of September , ~- STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss By : The Ohio Casualty Insurance Company Liberty Mutual Insuran ce Company West American In surance Company d/7~, David M. Carey~'--is-ta_n_t -S-e-cr-e-ta_ry _____ _ On th is ~ day of September , 2017 . before me perso nal ly appeared Da vid M. Ca rey, who acknow ledged himself to be th e Ass ista nt Sec retary of li berty Mu tua l Insuran ce Company, The Ohio Cas ualty Company, and West American Insurance Co mpa ny, and tha t he, as such , being authorized so to do, execute the foregoi ng in strume nt for th e purposes th erei n con tained by sig ning on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHERE OF, I have hereunto sub sc ribed my name and affixed my notarial sea l at King of Pru ss ia , Penn sy lvania, on the day and year first above wri tten. By:~~~--- Teresa Pastell a, Notary Pu bl ic COMMONWEA LTH OF PENNSYLVAN IA -----------·---- Notarial Seal Teresa Pc1stella, Notary Public OF Upp e r Merion Twp .. Monlgomery County :<;.,, ,'it' My Comm ission Expires March 28. 2021 1-::i::--'V/vsv\.~~" ,e, ""'4Frv ~v Member. Pennsylvania Associri tion of Notaries Th is Power of Attorney is rnade and exec uted pursuant to and by authority of th e follo wing By-l aws and Aut11orizations of The Ohio Casualty In surance Co mp any, Liberty Mutual In surance Compa ny, and Wes t Ame ri can Insurance Co mp any whi ch resolutions are now in full force and effect read in g as fo llows: ARTICLE IV-OFFICERS -Section 12. Power of Attorney. Any office r or olher officia l of the Corporation authorized for tha t pu rpose in wri ting by th e Chairman or the President , an d subject to such limitation as the Chairm an or the President may prescribe , sha ll ap point such attorneys-in-fact , as may be necessa ry to act in beha lf of the Corporation to make, execute, seal, acknowledge an d delive r as surety any and all unde rtakin gs , bond s. recog niza nces and othe r surety obligations. Such atto rn eys-i n-fa ct, subject to the limi tations set forth in th ei r res pecti ve powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instrument s and to attach thereto the sea l of the Corporation. When so executed, such instrument s shal l be as binding as if signed by the Presidenl and attested to by the Secretary. Any power or authority granted to any representative or attorn ey-in-fact under th e provisions of this art icle may be revoked at any time by the Board, the Chai rm an , th e President or by the office r or officers granting such power or authority. ARTICLE XIII -Execu tion of Contracts -SECT ION 5. Surety Bonds and Undertakings . Any offi cer of the Company authorized for tha t purpose in writin g by the chairma n or the president , and subject to such lim itations as the chai rm an or the pres ident may prescrib e. shall appoin t such attorneys -in-fac t, as may be necessary to act in be half of the Compa ny to make , exec ute, seal , acknowledge and delive r as su rety any and all undertaki ngs , bonds , recogniza nces and other su rety obligations. Such attorneys-i n-fact subject to the limitations set fort h in their respective powers of attorney, shall have fu ll power to bind th e Company by th ei r signature and execution of any such instruments and to attach th ereto th e seal of the Company. When so executed such instruments shall be as binding as if sign ed by th e pres ident and attes ted by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Byl aws of the Company. auth orizes David M. Carey, Assistant Secretary to appoi nt such attorney s-in f act as may be necessary to act on behalf of the Compa ny to make, execute , seal, acknowledge and deliver as surety any and all und ertak in gs , bonds , recognizances and other su rety ob ligations. Authorization -By un animous consent of th e Company's Boa rd of Directors, the Compa ny cons ents th at facsimile or mechani ca ll y reproduced signat ure of any assistant secretary of the Company, wherever appea ring upon a certifi ed copy of any power of attorne y iss ued by th e Company in co nnecti on with surety bonds, shall be va li d and binding upon the Co mpany with the same fo rce and effect as though manually affixed . I, Renee C. Llewellyn , th e undersigned , Assistant Secretary, Th e Ohio Cas ualty Insurance Company, Li berty Mutual Insurance Compa ny, and West America n Insu rance Company do hereby cert ify that the ori ginal power of attorney of which the foregoing is a full , true and correct copy of the Power of Attorney executed by said Companies , is in full force and effect and has not been revoked . 139 of 250 LMS_ 12873_022017 >, C1I "C (/) (/) Q) C: (/) ::::, ..c >, C: Ill C: -0 ~ 1->,cn Q) w EE 0 a. =o <(M 'o~ ... "C Q) C: :: Ill OE 0.. Ill .!!lo J:O ::m 0 C: ~~ :§~ -Q) ~..c Qlo J: -.:t .... C"II E~ .::~ 'E~ 00 u..- 0 (9 I-.... Bond #070207579 Premium: Incl. in Performance Bond Payment Bond The City of Cupertino ("Cityu) and Galeb Paving, Inc. ("Contractor") have entered into a contract, dated October 16 , 20j§_ ("Contract") for work on the < McClellan Ranch West Parking Lot Improvements > Project ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and McClellan Ranch West Parking L9t Improvements its surety ("Surety"), are bound to City as obligee in an amount not less than $ 605.082 .88 , under California Civil Code sections 9550, et seq. 2. Surety's Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code section 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract. or any amounts required to be deducted, withheld. and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors, under California Unemployment Insurance Code section 13020. with respect to the work and labor. then Surety will pay the obligation . 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond . Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond . 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract. in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives the requirement of a new bond for any supplemental contract Lmder Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Raymond Wu Address: 255 California Street. Suite 950 City/State/Zip: San Francisco. CA 94111 Phone : (415) 537-2509 Fax:_~.,....,.,...=~...,....,..,.,....,...,,,..,--,.,--...,.......,-,-,--.,------------ Email: RAYMOND.WU@LibertyMutual.com 6. Law and Venue. This Bond will be governed by California law. and any dispute pursuant to this Bond will be venued in the Superior Court of Santa Clara County in which the Project is located. and no other place. Surety will be responsible for City"s attorneys· fees and costs in any action to enforce tile provisions of this Bond. McClellan Ranch West Parking Lot Improvement Project No. 2017-05 PAYMENT BOND Page26 7. Effective Date; Execution . This Bond is entered into and is effective on October 22 , 20-1§ SURETY : The Ohio Casualty Insurance Company Business Name /) s/~~ {) Jean L. Neu, Attorney-in-Fact Name/Title (Acknowledgment with Surety's Notary Seal and Surety's Power of Attorney must be attached.) CONTRACTOR: Galeb Paving, Inc. ____ s_u-~sNa ~ &/ ~ -:;3,Cwe::ooAJ <141.E~. PJZGs, O'""-'• . Name/Title s/ __________________ _ Name/Title END OF PAYMENT BOND McClellan Ranch West Parking Lot Improvement Project No. 2017 -05 PAYMENT BOND Page 27 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy , or validity of that document. State of California S t Cl County of an a ara on OCT 2 . 2 2018 before me, Erin Bautista, Notary Public ----------'------(insert name and title of the officer) personally appeared _J_e_a_n_L_. _N_e_u ______________________ _ who proved to me on the basis of satisfactory evidence to be the person(~) whose name(s) is/~~ subscribed to the within instrument and acknowledged to me that liie/she/ttrerf executed the same in hlSfher/~rcauthorized capacity(test), and that by ti:s/her/ttrei¥ signature(s) on the instrument the person(:s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Yffet ~ (Seal) (1)0 0 Cl) C: iii -... Cll+-' C) 1/) ('(I Cl) C) ai ...... o.!: E -... s 0 ('(I ... >, THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein , and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No . 7885431 Liberty Mutual Insurance Company The Ohio Casualty Insuran ce Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESEN TS : That The Oh io Casua lty Insurance Company is a corporation duly organized und er the laws of the State of New Hampshire , that Liberty Mutual In surance Company is a corporation duly orga ni zed und er the la ws of the State of Massachusetts. and West America n In surance Company is a corpo rati on duly organized under the laws of the State of Indi ana (herein co ll ectively called the "Compa nies "), pursuant to and by authority herein se t forth. does hereby name, constitute and appoint , Bryan D. Martin ; Erin Bautista ; Jean L. Neu all of the city of San Mateo , state of CA each individually if there be more than one named, its true and lawfu l attorney-in-fact to make, execute, sea l, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings , bonds , recognizances and other surety ob ligations, in pursuance of these presents and sha ll be as binding upon the Companies as if they have been duly signed by the !)resid ent and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREO F, this Power of Attorney has been subscribed by an au th orized officer .or official of the Compan ies and the corpo rate seals of the Companies have been affixed thereto this 6th day of September , ~- STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss By: The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insu rance Company d/;{!;:' David M. Carey.A-· s-s-is-ta_n_t_S_e-cr-e-ta_ry ______ _ On this~ day of September , 2017 . before me persona lly appeared David IV\. Carey, who acknowledged himse lf to be the Assistant Secretary of Liberty Mutual Insurance Compa ny, The Ohio Casualty Company, and West American Insurance Company, and that he, as such , being authorized so to do, execute the foregoing inst ru ment fo r t11e pu rpo ses therein contained by signing on behalf of the corporations by himself as a duly autho ri zed officer. IN WITNES S WHEREOF, I have hereunto subscr ibed my name and affixed my notarial sea l at King of Prussia, Pennsylvania, on the day and yea r first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella. Notary Public Upper Merion Twp ., Montgomery County My Commission Expires March 28, 2021 Member. Pennsylvanit1 Associc1tinn of Notaries By:_~~ -----------Teresa Pastell a, Notary Public This Power of Attorney is made and exec uted pursuant to and by authority of th e following By-laws and Authorizat ions of Th e Ohio Cas ually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect re ading as follows: ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or othe r officia l of the Corporation authorized for that purpose in wri ting by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe , shall appoint such attorneys-in-fact, as may be necessa ry to act in beha lf of the Corporati on to make, execute, seal , acknowledge and deliver as surely any and all undertakings , bonds, recognizances and other surety obligations. Such attorneys-i n-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power lo bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation . When so executed, such instruments shall be as binding as if signed by the President and attested to by the Sec retary. Any power or aut hority granted lo any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board , the Chairman , the President or by the officer or officers granting such power or au thority. g ARTICLE XIII -Execution of Contracts -SECT ION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, e and subject to such limitations as the chairman or the president may prescribe. shall appoint such attorneys-in-facl. as may be necessary to act in behalf of the Company to make, execute. :5 seal, acknowledge and deliver as surety any and all undertakings , bonds , recognizances and o ther surety obligation s. Such attorneys-in-fact subject to the limitations set forth in their u respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and lo attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president _and attested by the secretary. · Certificate of Designation -Th e President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoi nt such attorneys-in tact as may be necessary to act on behalf of the Company to make. execuie , seal, acknowledge and deliver as surety any and all undertakings , bonds, recognizances and other surety obligations . Authorization -By unanimous co nsent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in conne.ctio n with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn , the undersigned , Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual In surance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full , true and correct copy of the Power of Attorney execu ted by said Companies, is in full force and effect and has not been revoked. OCT 2 2 20W IN TESTIMONY WHE REOF, I have hereunto set my hand and affixed the seals of sa id Companies this ___ day of _______ """" ________ , 20 ___ . 140 of 250 LMS_ 12873_022017 >, ('(I "C 1/) 1/) Cl) C: 1/) :, .0 >, C: C'O C: -o ('(11-u C/) ~w EE 0 a. :t::o <( C"') 0~ ... "C Cl) C: 3 ('(I OE a. ('(I .!!lo ..c:O ::m 0 C: ~~ :s~ :: Cl) ~ .0 (1)0 £~ E O? .::~ 'EC? 00 u.- o<l? I-.... RE: Project No. 2017-05 / McClel lan Ranch West Parking Lot Improvement Project ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) ~· 10/29/2018 THIS CERTIFICATE IS ISSUED AS A MATIER 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 cert ifi cate holder in lieu of such endorsement(s). PRODUCER ABO Insurance & Financial Services CONTACT Construction Certs NAME : Attn : Construction De~artment PHONE 650-488-8565 I FAX 650-488-8566 3 Waters Park Drive, uilding 3, Suite 100 IAIC No Extl : IA/C Nol: E-MAIL ConstructionCertReauest@.theabdteam .com San Mateo , CA 94403 ADDRESS : INSURER(S) AFFORDING COVERAGE NAIC# www.theabdteam .com OH55918 INSURER A: Landmark American Insurance Comoanv 33138 INSURED INSURER B : Nationwide Mutual Insurance C omoanv 23787 Galeb Paving , Inc. INSURER C: RSUI Indemnity Comoanv 22314 12340 Saratoga-Sunnyvale Road Saratoga CA 95070 INSURER D : State Compensation Insurance Fund 35076 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 45116831 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS URED NAMED ABOVE FOR THE POLI CY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CON DITION OF AN Y CO NTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , T HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCL USIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA IMS . INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE '""n "'",n POLICY NUMBER IMM/DDIYYYYI IMM/DDIYYYYI LIMITS A _!_ COMMERCIAL GENERAL LIABILITY I LHA 139208 v 1/1/2018 1/1/2019 ,./ EACH OCCURRENCE $1 000 000 v ~ CLAIMS-MADE W OCCU R ~~~t~iJYE~~~~~~encel 550,0 00 _!_ Contractual Liability MED EXP (Any one person) s Exc luded PERSONAL & ADV INJURY -s 1,000 ,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGAT E s2.ooo.ooo V POLICY JECT ~ [Zj PRO-D Loc PRODUCTS · COMP/OP AGG 52,0 00 ,00 0 ~ OTHER : s \ B AUTOMOBILE LIABILITY ACP3037477597 1/1/2018 -1/1/2019 V ~~~~~~d~~tflNGLE LIMIT s 1.000 .000 v' ' ANY AUTO BODILY INJURY (Per person) s -OWNED -SCHEDULED AUTOS ONLY ,...L AUTOS BODILY INJURY (Per accident) S -HIRED NON -OWNED iP~?~Zc~J~t~AMAGE _!_ AUTOS ONLY ,...L AUTOS ONLY $ I Como/Coll Deductible s ..... ~ I C UMBRELLA LIAB HOCCUR NHA244104 1/1/2018 1/1/2019 ../ EACH OCCURRENCE / S3 000 000 A,/ ~ I EXCESS LIAB CLAIM S-MADE AGG REG ATE ( S3 000 000 -1 OED I I RETENTION s / \ s / D WORKERS COMPENSATION I 9025499 v 1/1/2018 1/1/2019 II I PER I I OTH--- AND EMPLOYERS ' LIABILITY / STATUTE ER Y/N s 1 .0 00.000 v ANYPROPRIETOR/PARTN ER/EXECUTIVE ~ N/A E.L. EACH ACC IDENT OFFICER/MEMBER EXC LUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE S 1 000 000 If yes , describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT s 1 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 1 01 , Additional Remarks Schedule, may be attached if more spac e is required) RE : Project No . 2017-05 I McClellan Ranch West Parking Lot Improvemen t Project. The City of C upertino , its officers, agents , and employees are named as additional insu red in respects to general liability , on a primary and non-contributory basis , as required by written contract. 30 days notice of cancellation applies -10 days notice of cancellation for non-payment of premium applies. CERTIFICATE HOLDER CANCELLATION Cit~ of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN 10 00 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino CA 95014 AUTHORIZED REPRESENTATIVE ~ I Rod Sockolov © 1988-2015 ACORD CORPORATION . All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 45116831 I 18-19 GL-Auto-WC -XS-Prop(Leased Equi p ) I Laura Berry I 10 /29 /2018 1:29 40 PM (PDT) I Page 1 of 3 This certifica te cancels and supersedes ALL previously issued certificates. This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET -YOUR WORK This endorsement modifies insurance prov ided under the following : COM M ER C IAL GE NERAL LIABILIT Y COVERAG E FOR M SCHEDULE -----····-·--·--·--·--·--·-··-,.·--·---------' .... _________ ._ - iName of Person o r Organization: person or organization to whom or to which you are obligated by virtue a written contract or by the issuance or existence of a written permit , to insurance such as i s afforded by this policy . SECTION II -WHO IS A N INSURED is amended to include as an additional insu red 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 omiss ions of those acting on your behalf; in the performance of your ongoing operations ; and/or "your work " defined for the additional insured(s) designated above included in the "products-completed operat ions hazard ". This endorsement effective /2-9 /2 01"8~ forms part of Policy Numb r LHA139208 issued to Galeb Paving , In . ~-- by Landmark American Ins u rance Company RSG 15017 0615 Includes copyrighted material of Insurance Services Office , Inc . 1984 with its permission 45116831 I 18-19 GL-Auto-WC-XS-Prop(Leased Equip ) I Laura Berry [ 10 /2 9 /2 018 1:29 :40 PM (POT) I Page 2 of 3 T hi s certificat.e cancels and supersedes ALL p r eviou sly issued certificates . This Endorsement Changes The Policy . Please Read It Carefully. NOTICE OF CANCELLATION ADDITIONAL INSURED This endorsement modifies insurance provided under the following: ALLCOVERAGEFORMS If you are required by written contract to provide Notice of Cancellation (for reasons other than nonpayment of premium or deductible reimbursement) to any additional insured under this policy , we agree to provide such Notice stating when , no less than 30 days from the date of mailing , such cancellation shall take effect. You agree that as a condition precedent to us providing such notice, you will provide us with a complete list of such additional insureds including appropriate designees and complete mailing addresses . Such list shall be provided within 7 days from the date it is electronically requested . If notice is mailed, proof of mailing is sufficient proof of notice. This endorsement effective 10/29/2018 forms part of Policy Number LHA 139208 issued to Galeb Paving, Inc. by Landmark American Insurance Company RSG 94118 0214 45116831 I 18-19 GL-Auto-WC-XS-Prop (Leased Equip ) I Laura Berry I 10 /29 /2018 1 :29:40 PM (PDT) I Page 3 of 3 This certificate cancels and supersedes ALL previously iss ued certificates I ' M ""~' ' •,: ~:,., -- ST. TE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS~ BROKER COPY l OMPENr.:..TI ON I I<~ U ~AN~ e FUND ! ~ HOME OFFICE SAN FRANCISCO EFFECTIVE JANUARY 1, 2018 AT 12.01 A.M. NF 2-42-21-82 PAGE l OF ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME AND EXPIRING JANUARY 1, 2019 AT 12.01 A.M. GALEB PAVING INC. ARD/OR KINGS R 12340 SARATOGA SUNNYVALE RD SARATOGA, CA 95070 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. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE i.ooi OF THE TOTAL POLICY PREMIUH. PER-SON OR ORGANIZATIO!! ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JO!._DESCRI~ BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY , ALTER, WAIVE OR EXTEND ANY OF THE TERMS , CONDITIONS, AGREEMENTS , OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TEAMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERS.IGNED AND ISSUED AT SAN FRANCISCO'. ~:=:!tls~ JANUARY 4, 2018 IL~.~ PRESIDENT AND CEO 2572 i SCIF FOAM 10217 lREV.7·20141 45255824 I 18-19 GL-Auto-WC -XS-Prop(Leased Equip) I Laura Berry I 11 /6 /2018 10:23:47 AM (PST) This cercificace cance,ls and supersedes ALL previously issued certif i cates. I Page 4 of 4 r;JLO OP 217 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 30 General Conditions Article 1 – Definitions Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated. 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 City of Cupertino, 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. 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 Award and Notice to Proceed; the payment, performance and warranty bonds; the General Conditions; the Special Conditions; the Project Drawings and Specifications; any Change Orders; and any other documents expressly made part of the Contract Documents. Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as 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. Design Professional means the licensed individual(s) or firm(s) retained by City to provide architectural or engineering 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. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 31 DIR means the California Department of Industrial Relations. Drawings means the City-provided plans and graphical depictions of the Project requirements, and does not include Shop Drawings. Engineer means the City Engineer for the City of Cupertino and his or her authorized delegees. 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 warranty bond, 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 pursuant to the Contract Documents, including liquidated damages, up to 125% of the amount of any unreleased stop notice, amounts subject to setoff, up to 150% of any unresolved third-party claim for which Contractor is required to indemnify City, and up to 150% of any amount in dispute as authorized by Public Contract Code section 7107. Furnish means to purchase and deliver for the Project. Hazardous Materials means any substance or material identified now or in the future as hazardous under any federal, state, or local law or regulation, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirements 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 applicable codes, regulations, and permits. Install means to fix in place for materials, and to fix in place and connect for equipment. Plans has the same meaning as Drawings. Project means the public works project referenced in the Contract. Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer. Request for Information or RFI means Contractor’s written request for information submitted to City, in the manner and format specified by City, about the Contract Documents, the Work or the Project. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 32 Section as used in these General Conditions, means a numbered Section of the General Conditions, unless otherwise indicated by the context, e.g., statutory references. 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 Drawings and Specifications. Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and not by the Contractor. Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into this Project 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, suppliers, fabricators, and equipment lessors of all tiers, unless otherwise indicated by the context. Technical Specifications means 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 or furlough days when City staff is unavailable. If a holiday falls on a Saturday, the preceding Friday will be the holiday. If a holiday falls on a Sunday, the following Monday will be the holiday. 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. Independence Day, July 4; g. Labor Day, first Monday in September; h. Veterans’ Day, November 11; i. Thanksgiving Day, as designated by the President; j. The Day following Thanksgiving Day; k. Christmas Day, December 25; l. City Closure, December 24, 26, 27,28,29,30 and 31: and m. 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 or fabrication. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 33 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) 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 Contract Documents. The Design Professional’s interpretation of the Drawings or Specifications is final and conclusive. 2.2 Contractor. (A) General. Contractor must provide all labor, materials, supplies equipment and services and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economic and efficient manner in the best interests of City, and with minimal inconvenience to the public. (B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, 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 the 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. 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 34 comply may result in temporary suspension of the Work, at Contractor’s sole expense and with no extension of Contract Time, until the 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; Compliance. 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 all applicable laws, regulations, codes, standards, and permits, including City’s municipal code, rules, and regulations, and any orders of the administrative or judicial bodies with jurisdiction over the Work. (F) Meetings. Contractor, its superintendent, and its major Subcontractors and suppliers will be required to attend a Preconstruction Conference before beginning Work on the Project, and will also be required to attend regular progress meetings, as further specified below. City will notify Contractor in advance of the date, time, place and required attendees for the Preconstruction Conference and progress meetings and will provide and administer the agenda. Contractor is responsible for notifying its major Subcontractors and suppliers, and other required attendees, as applicable, of the date, time and place for the Preconstruction Conference and progress meetings; for providing them with the City’s agenda; and for requiring their attendance at these meetings. (1) Preconstruction Conference. The Preconstruction Conference agenda items may include schedules, personnel and vehicle permit procedures, use of the premises, locations for staging area(s) and jobsite trailers, security, housekeeping, submittal and RFI procedures, Project forms and procedures, inspection and testing procedures, utility shutdown procedures, control and reference point procedures, injury and illness prevention program, Contractor’s schedule of values, Contractor’s schedule of submittals, and such other matters that the City deems necessary to address before the Work begins. (2) Progress Meetings. During the course of the Project, progress meetings will be conducted on a weekly basis by the City and at Contractor’s on-site office, unless otherwise specified. Progress meeting agenda items may include review of past meeting minutes, review of Work in progress since previous progress meeting, schedule status and updates, status of submittals or change orders, worker safety, and other such matters pertaining to the progress of the Work. (G) 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. (H) 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 or equipment that do not conform to the requirements under the Drawings, 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. However, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Contractor. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 35 (I) Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos and electronic records. Project records subject to this provision include, but are not limited to, Project cost records and records relating to preparation of Contractor’s bid. (1) Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost. (2) Contractor must continue to maintain its Project records in an organized manner for a period of four years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, City is entitled to inspect or audit any of Contractor’s Project records relating to the Project or to investigate Contractor’s plant or equipment during Contractor’s normal business hours. (J) Copies of Contract Documents. Contractor and its Subcontractors must keep copies, at the Project site, of the Work-related documents, including the Contract, permit(s), Drawings, Specifications, Addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, and any related written interpretations. The Contract Documents, as-built drawings, and all Worksite copies must be available to City for reference at all times. 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 (B) Contractual Obligations. Contractor must require every Subcontractor to be bound to the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, and to likewise bind their subcontractors or suppliers. 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 City accepts 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 section 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 36 2.4 Coordination of Work. (A) Concurrent Work. City reserves the right to perform or to have performed other work on or adjacent to the Project site while the W ork is being performed. 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 and subcontractors. 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) Defects. 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 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. 2.5 Submittals. Unless otherwise specified, Contractor must submit to the Engineer for review and acceptance of 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 in the Special Conditions or elsewhere in the Contract Documents. Unless otherwise specified, all submittals should be transmitted electronically using standard commercial software programs. (A) General. Contractor is responsible for ensuring that its submittals are complete, legible, accurate and conform to the Contract Documents. Incomplete or illegible submittals will be rejected and returned for resubmission. Contractor must use the applicable forms provided or specified for use by the City, including the Project Forms provided with the Contract Documents, and forms provided by City at the pre- construction conference. (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. If a submittal remains non-compliant after being re-submitted for a second time, City may back-charge Contractor for all further review time and additional administrative costs. For City employees the hourly amount charged will be 2.5 times the employee’s direct hourly payroll cost to the City. For consultants, the amount charged will be 1.25 times the amount billed to the City for additional review and administrative time. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 37 (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 Request for Information (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, on the same basis as excessive submittal review, under subsection (D) (Required Corrections). 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. Article 3 - Contract Documents 3.1 Interpretation of Contract Documents. (A) Drawings and Specifications. The Drawings and Specifications included in the Contract Documents are complementary. If Work is shown on one but not on the other, Contractor must perform the Work as though fully described on both, consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The Drawings 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 Drawings and Specifications, the Specifications will control. Detailed Drawings take precedence over general Drawings, and large scale Drawings take precedence over smaller scale Drawings. Any arrangement or division of the Drawings and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Drawings 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. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 38 (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 under the Drawings or Specifications, Contractor must immediately 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. City will not extend the Contract Time due to Contractor’s failure to submit a timely RFI to the Engineer. (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 at the Worksite before ordering any material or performing any Work, and will be responsible for the correctness of those measurements. (F) Limitations. Any arrangement or division of the Drawings and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Drawings 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. 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: (A) Change Orders; (B) Addenda; (C) Contract; (D) Notice to Proceed; (E) Notice of Award; (F) Special Conditions; (G) General Conditions; (H) Payment, Performance and Warranty Bonds; (I) Specifications; (J) Drawings; (K) Contractor’s Bid Proposal and attachments; (L) Notice Inviting Bids; (M) Instructions to Bidders; (N) The City of Cupertino’s Standard Details; and (O) Any 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 39 “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 modified by any perceived or actual conflict with provisions in any document that is provided For Reference Only. 3.5 Current Versions. Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code or regulation in effect at the time the Contract is signed. 3.6 Conformed Copies. If City prepares a conformed set of the Contract Documents following award of the Contract, it will provide Contractor with a 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. Article 4 - Bonds, Indemnity, and Insurance 4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of 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, using the bond forms included with the Contract Documents. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 40 (A) Surety. Each bond must be issued by a surety admitted in California, and the surety must have a financial rating from A.M. Best Company of A-, class 7 or better, or as otherwise acceptable to the City. 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, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in bidding or performing the Work or in failing to comply with any obligation of Contractor under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract. Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code section 9201. Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract. 4.3 Insurance. Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor’s or Subcontractor’s acts or omissions, including Contractor’s protected coverage, blanket contractual, products and completed operations, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be $4,000,000 which is twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 41 broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non- contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $2,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. ☐ N/A if box checked (Contractor provides signed, written verification it has no employees). 4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. ☒ N/A if box checked (Contract is not design/build). 5. Builder’s Risk. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. ☒ N/A if box checked (Project does not involve construction or improvements/installations to property). 6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. ☒ N/A if box checked (Project does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. City reserves the right to modify these insurance requirements based on Contractor’s prior experience, insurer, coverage, and considering the nature of the risk involved in the work and other circumstances. Contractor should discuss these requirements with its insurer and the designated Public Works Agency representative. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 42 retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project, Contractor’s insurance coverage shall be “primary and non-contributory” and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a “primary and non-contributory” basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder’s Risk Contractor may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. Policy limits must be per occurrence and for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect in its sole discretion to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site. Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 43 Acceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best’s financial strength rating of “A-” or better and a financial size rating of “VII” or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Claims Made Policies If any coverage required is written on a claims-made coverage form: 1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. 4. A copy of the claims reporting requirements must be submitted to the Entity for review. 5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. 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) Notice to Proceed. 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. The Notice to Proceed will not be issued until Contractor has executed and returned the Contract, the required bonds, insurance certificates and endorsements and any other submittals required prior to issuance of the Notice to Proceed, subject to City’s approval of all such documents. Contractor may not begin performing Work on the Project Site before the date authorized in the Notice to Proceed. After receiving the Notice to Proceed, Contractor must notify the City in writing of the date Contractor intends to begin Work on the Project, at least 24 hours in advance of beginning the Work. 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 that must be provided or performed before issuance of the Notice to Proceed. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 44 (B) 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 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 Special Conditions), Contractor must submit to City for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how Contractor plans to perform and fully complete the Work within the Contract Time, including labor, equipment, materials and fabricated items. The baseline schedule must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed, Contractor must order any specialized material or equipment for the Work that is not readily available from material suppliers. Contractor must also retain documentation of the purchase orders date(s). (B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. Contractor is solely responsible for resolving any exceptions noted in a schedule and must, within seven days, correct the schedule to address them. (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 W ork 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. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 45 (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 waiver of any claims for Excusable Delay or loss of productivity arising when Contractor is out of compliance, subject only to the limits of Public Contract Code section 7102. (D) Recovery Schedule. If City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, Contractor must submit a recovery schedule, showing how Contractor intends to perform and complete the Work within the Contract Time, based on actual progress to date. (E) Effect of Acceptance. Contractor and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City. City’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time. (F) Posting. Contractor must at all times maintain a copy of the most current City- accepted progress or recovery schedule posted prominently 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 46 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. 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. (C) 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 timely completion of the Work; (3) Contractor’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for the timely performance and completion of the Work; (4) Foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the Worksite or review of the Contract Documents or other information provided or available to Contractor; or (5) Contractor’s financial inability to perform the Work, including insufficient funds to pay its Subcontractors or suppliers. (D) Compensable Delay. Pursuant to Public Contract Code section 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”). (E) Concurrent Delay. Contractor is not entitled to an extension of Contract Time or recovery of costs for any Compensable Delay that is concurrent with Non-Excusable Delay. (F) Weather Delay. 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 Worksite cleanup 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. (1) Based on historic records for the Project location from the Western Regional Climate Center, Contractor’s schedule should assume the following number of normal Weather Delay Days and precipitation for each month: McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 47 Month # Normal Weather Precipitation Delay Days January 6 2.86 February 6 2.66 March 6 2.29 April 3 1.20 May 1 0.44 June 0 0.10 July 0 0.02 August 0 0.07 September 1 0.19 October 2 0.76 November 4 1.51 December 5 2.43 Total 34 14.53 (2) 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 set forth in Section 5.3(F)(1) above, subject to the following limitations: a. Contractor must fully comply with the applicable procedures in Article 5 and 6 of these General Conditions regarding requests to modify the Contract Time. b. Normal Weather Delay Days which do not occur during a given month do not carry over to another month. c. 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. (G) 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. (H) 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 48 impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include Contractor’s plan for continued mitigation of the delay or its effects. (2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed, or provide a realistic estimate if the duration of the delay is not yet known. If Contractor believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed, or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay. Contractor is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to City. (4) Burden of Proof. Contractor has the burden of proving that: the delay was an Excusable or Compensable Delay, as defined above; Contractor has 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 section 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 working 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 section 7203, if Contractor fails to achieve Final Completion within the Contract Time, City will charge Contractor in the amount specified in the Contract for each day that Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 49 (A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable or Compensable Delay, as set forth above. (B) Milestones. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents. (C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to Contractor, including 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, or for defective materials or workmanship. Article 6 - Contract Modification 6.1 Contract Modification and Changes in Work. Modifications to the Contract are valid and legally binding only if duly authorized by a written and signed Change Order. City may also make changes in the Work without invalidating the Contract. City may direct changes in the Work, which may include Extra Work as set forth in subsection (B) below, deletion or modification of portions of the Work, or other modifications determined by City, acting in its sole discretion, to be in City’s best interest. Pursuant to section 3.23.170 of the Cupertino Municipal Code, City reserves the right to delete up to 25% of the Work. Any change in the Work, whether directed by City or pursuant to Contractor’s request for a Change Order under Section 6.2 below, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, which may include commensurate changes in the Contract Price or Contract Time as applicable. 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 pursuant to Public Contract Code section 7101 based on cost reduction changes or “value engineering,” unless otherwise specified in the Special Conditions, or unless expressly authorizing in advance in writing by City. (A) 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 W ork or cease W ork 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. 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 50 dispute, as directed by City. 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. (B) 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 W ork. Contractor must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that Contractor performs Extra Work, or Work that Contractor contends is Extra Work, Contractor must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The Engineer will make any adjustments to Contractor’s Extra Work Report(s) based on the Engineer’s records of the W ork. 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. (C) 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. (D) Required Form. Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 51 (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 costs, expenses, or time extension request not included herein is deemed waived. Contractor understands that submission of claims which have no basis in fact or which Contractor knows to be false may violate the False Claims Act, as set forth in Government Code sections 12650 et seq.” 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, but in the order provided with unit pricing taking precedence over the other methods: (A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or schedule of values, will apply if unit pricing has previously been provided in Contractor’s accepted bid schedule or schedule of values for the affected Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation. (B) Lump Sum. A mutually agreed upon lump sum 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, including allowed markup for overhead, profit, and all other indirect costs, and which may include a not-to-exceed limit, calculated as the total of the following sums: (1) All direct labor costs plus 15% markup; (2) All direct material costs, including sales tax, plus 15% markup; (3) All direct plant and equipment rental costs, plus 15% markup; (4) All direct subcontract costs plus ten percent markup; 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 amount of compensation or added time that the City believes is merited. Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below. 6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to fully comply with the provisions of this Article. Contractor will not be paid for unauthorized Extra W ork. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 52 Article 7 - General Construction Provisions 7.1 Permits and Taxes. (A) General. Contractor must obtain and pay for all permits, fees, or licenses required to perform the Work, except that if a City building permit is required, no fee will be charged. 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 notices, permits, licenses, and renewals required for the Work. (B) Federal Excise Tax. 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 material 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. (A) Standards. Temporary facilities must be safe and adequate for the intended use, and installed and maintained in accordance with all applicable federal, state, and local laws, codes, and regulations. (B) Screening. Contractor must fence and screen the Project site and staging area, and its operation must minimize inconvenience to neighboring properties and be approved by the City. (C) Utilities. Contractor must install and maintain the light, power, water and all other utilities required for the Project site, including the piping, wiring, lamps and related equipment necessary to perform the Work. (D) 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. (E) Additional Requirements. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. 7.3 Noninterference and Additional Work Areas. 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 notify the affected parties of the pending closure and allow them to remove vehicles. Private driveways, residences and parking lots must have access to a roadway during non-Work hours. (A) Offsite Acquisition. Unless otherwise provided by City, Contractor must acquire, use and dispose of, at its sole expense, any additional Work areas, easements, and temporary facilities necessary to access and perform the Work. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 53 (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. 7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by law or by the Contract Documents, without City’s prior written approval as to size, design, and location. 7.5 Worksite 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 notice of completion has been recorded. Except as specifically authorized by City, Contractor must confine its operations to the area of the Project site indicated in the Drawings. 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. In addition, Contractor is responsible for damage caused by its 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, the Project site, City’s real or personal property, and the real or personal property of adjacent or nearby property owners. (2) Cupertino Sanitary District and the City of Sunnyvale own and operate wastewater systems within Cupertino and they may not be interrupted. If the Work disrupts existing sewer facilities, Contractor must immediately notify City to determine who owns the system and establish a plan, subject to the systems owner’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. (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. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 54 (C) Unforeseen Conditions. If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Drawings or apparent from inspection of the Project site, Contractor must immediately notify the City and promptly submit a Request for Information to 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 law. 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 below. Contractor will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered. (B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, Contractor is solely responsible for the proper examination, handling, storage, and installation in accordance with the Contract Documents. Contractor must promptly notify City of any defects discovered in City-provided materials or equipment. 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) Existing City Equipment. Contractor will carefully remove all existing equipment from the Worksite. If the City specifies or indicates that equipment is to be salvaged and reused or to remain the property of City then the Contractor will reuse or return the equipment to the City. Contractor will store and protect salvaged equipment specified to be reused in the Work. Contractor will delivery to the City in good condition the equipment that is to remain City property but not be reused in the Work. (1) If an item specified to be salvaged is damaged during its removal, storage, or handling through carelessness or improper procedures, then Contractor will replace that equipment in kind or with a new item. For those items specified to be salvaged Contractor may choose to instead furnish and install new equipment, in which case the original, removed items will become Contractor’s property. Existing materials and equipment removed by Contractor will only be reused in the Work if so specified or indicated by the City. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 55 (D) 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. (E) Certificate of Compliance. When a Certificate of Compliance is specified, or for any material or item (“material”) produced or assembled outside of the United States, Contractor must submit a Certificate of Compliance before incorporating that material into the Project. A Certificate of Compliance must be submitted for each lot of material delivered to the Project site, and in a form acceptable to the Engineer, identifying the material, its source, and the lot. Each Certificate of Compliance must be signed by the material producer stating that the material fully complies with the applicable requirements of the Specifications. Submission of a Certificate of Compliance will not limit Contractor’s continuing obligation to use only materials that conform with the requirements of the Contract Documents. Any materials furnished pursuant to a Certificate of Compliance may be inspected or tested at any time by City, subject to the inspection and testing provisions of Article 7, and defective or non-conforming material may be rejected at any time, even if already installed. (F) Site Materials. Except as otherwise specified, City retains full ownership of and all rights to use any water, soil, stone, gravel, sand, minerals or other materials (“Site Materials”) on City property, including the Project site, and including any site materials that have been extracted, excavated, or otherwise affected or made accessible by performance of the Work. However, City, acting in its sole discretion, may provide written authorization in the Specifications or in a Change Order for Contractor to make use of or incorporate specified Site Materials in the Work. 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. (B) Request for Substitution. A 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. The request must be submitted on the City’s Substitution Request Form. (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, including testing using methods acceptable to City. 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 56 service. If the proposed substitution is rejected, Contractor must, without delay, install the item or use the service as specified by City. (F) Contractor’s Obligations. City’s approval of a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements. 7.8 Inspection and Testing. (A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by City at all times and locations during construction and/or fabrication and at any W orksite, including at shops and yards as well as at the Project site, or at the plant of a manufacturer of materials or items to be incorporated into the Work. 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 inspection. (B) Scheduling and Notification. Contractor must cooperate with City in coordinating the inspections and testing. Contractor must submit samples of materials, 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 in writing no later than two Working Days before any inspection or testing is being requested, 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 seek, in writing, Engineer’s approval at least two Working Days in advance. 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 and Inspector, 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 inspections and/or testing consultants retained by City, subject to the following exceptions: (1) Contractor will be responsible for the costs of any subsequent inspections and/or tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs. (2) Contractor will be responsible for inspection and testing costs, at the rate charged by the consultant retained by the City to provide inspection and testing services, and for inspection and testing 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 57 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. All Work and materials must conform with the lines, grades, typical cross sections, dimensions, material requirements, and tolerances shown or described by the Drawings and Specifications. City, acting in its sole discretion, will determine whether Work or materials conform with the Drawings and Specifications, including allowable deviations. City’s determination as to conformity or allowable deviations is final. Contractor is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection of the Work does not in any way relieve Contractor of its obligations to perform the Work as specified. Any Work done without the required inspection(s) will also be subject to rejection by City. (E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, Contractor is solely responsible for the additional travel costs required for testing and/or inspection at such locations. (F) Plant Inspection. If specified in the Contract Documents, or upon written request by City, Contractor must use its best efforts to facilitate and arrange for City’s inspection, sampling or testing of materials or items required for the Work at the plant or facility from which the materials or items are to be obtained. Contractor’s best efforts must include contacting the producer or manufacturer on a timely basis to schedule inspection by City’s selected representative, including appropriate access and any safety equipment, all at no cost to City. The inspection must be scheduled sufficiently in advance of the planned shipping or production date to allow for alternative arrangements if the City determined that the materials or items do not meet the requirements of the Drawings and Specifications. Nothing in this provision obligates City to inspect materials or items at the source plant or facility. (G) Final Inspection. The provisions of this Section 7.8 apply to final inspection under Article 11, Completion and Warranty Provisions. 7.9 Worksite 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 and neat condition and in compliance with all regulatory requirements for air quality and dust control. 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) Protection of Existing Property, Structures, and Utilities. If the Drawings indicate existing above-grade and below-grade structures, drainage lines, storm drains, sewers, water, gas, electrical, phone and data cable, and other similar items or utilities known to the City, then Contractor will locate these known existing installations before proceeding with trenching or other operations which may cause damage, will maintain them in service where appropriate, and will repair any damage caused to them by the Work, at no increase in the Contract Price. (1) The Contractor may temporarily mark or paint the ground, pavement, sidewalk, or any other improvements, but must not do so in a public right-of-way or on the Site more than 30 days prior to the commencement of excavation work performed in connection with an installation. Any mark or paint must be removed from all surfaces, including any decorative work, within 30 days of the completion of the excavation work. The Contractor is responsible for any expense associated with damages caused by the Contractor’s mark or paint, including the removal thereof. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 58 (2) The Contractor will record the location and existence of pavement markers and striping prior to construction, and will provide such records to the Engineer. The Contractor will replace in kind any permanent paving marker or striping that it removes or damages, or as marked in the Plans, at its expense. (B) Air Emissions Control. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any applicable law, regulation or rule. (C) 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 the Engineer 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 Worksite and any dirt deposited on public streets. (D) 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, waste 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. (E) 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 City’s storm drain system. (F) Completion. At the completion of the Work, Contractor must remove from the Worksite all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Worksite, Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. Contractor must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Contractor must provide all cutting, fitting and patching needed to accomplish that requirement. Contractor must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. (G) 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 59 or Contract Price, or undertake appropriate cleanup measures without further notice and the cost will be deducted from any amounts due or to become due to Contractor. 7.10 Instructions and Manuals. Contractor must provide to City two bound copies and an electronic PDF copy of 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 instruct City’s personnel in the operation and maintenance of any complex equipment 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 Drawings which will be used solely for the purpose of recording changes made in any portion of the original Drawings 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. Progress payments may be delayed, in whole or in part, 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 Drawings 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 approval as a condition precedent to Final Completion and Final Payment. 7.12 Existing Utilities. As required by Government Code section 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 trunk line 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 Drawings 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 operator requirements in Government Code sections 4216 through 4216.5. Government Code section 4216.2 requires that, except in an emergency, Contractor must contact the McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 60 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, and, if practical, Contractor must delineate with white paint or other suitable markings the area to be excavated. 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 section 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 section 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 law; (2) Subsurface or latent physical conditions at the Worksite differing from those indicated by information about the Worksite made available to bidders prior to the deadline for submitting bids; or (3) Unknown physical conditions at the Worksite of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents. (B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions materially differ 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 (A) above, 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 law which pertain to the resolution of disputes between Contractor and City. 7.15 Trenching of Five Feet or More. As required by Labor Code section 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 61 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. 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 imm ediately 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 W ork on a time and materials basis under Article 6, Contract Modification. Any suspension of Work required due to discovery of Historic or Archeological Items will be treated as a suspension for convenience under Article 13. 7.19 Recycling and Waste Disposal. (A) Approved Recycling Facility. Contractor must dispose of all recyclable materials at a recycling facility approved by the Engineer. (B) Inert Solids and Plant Materials. Contractor must remove all asphalt concrete, Portland cement concrete, aggregate base material, inert solids and any plant material from the Project site and deposit at an approved recycling facility. Contractor must conform the above material to an acceptable size and composition for recycling. (C) Recyclable Materials. Contractor must recycle at least 65% of all materials at an approved recycling facility. (D) Waste Management Plan and Disposal Report. If the California Green Building Standards Code applies to the Project, Contractor must submit to the City a waste management plan prior to starting work. A disposal report is required upon completion of the Project, for materials that are hauled by Contractor or by the City’s franchised hauler. If a waste management plan is required it must be available throughout the duration of the Project for examination by the City. Electronic submittals are acceptable. The waste management plan must include the following: (1) Project title and number; (2) Identify the construction methods that will be employed to reduce waste; (3) Type of material(s) to be recycled, salvaged or landfilled; McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 62 (4) Specify if the waste will be sorted onsite or bulk-mixed; and (5) Name and address of recycling facilit(ies) and landfill(s) to be used; The disposal report must include the following: (1) Project title; (2) Date and time of disposal; (3) Truck number; (4) Type of material recycled, salvaged, or landfilled; (5) Weight of material recycled, salvaged, or landfilled; (6) Name and address of recycling facility or landfill; (7) Certification or weight tags from facility; (8) Weight tags for all material landfilled; and (9) If the recycling goal is not met, provide an explanation, to be approved by City, for why it was not met. (E) Collection of Waste and Debris. Collection of garbage, mixed non-organic recyclables, organic waste, and any construction or demolition materials in debris boxes, compactors, or bin-by-the-day services that are not City franchisees or otherwise agents of the City is prohibited. Notwithstanding the above, Contractor must dispose of debris from the Project in one of the following: (1) Franchised hauler bin; (2) A bin owned by Contractor or a demolition Subcontractor provided that it is hauled by an employee of the Contractor or the demolition Subcontractor and by a vehicle owned and registered to the Contractor or the demolition Subcontractor; or (3) Private truck with a bed. (F) Recycling Containers. The disposal of garbage in containers designated for compostable waste recycling is prohibited. 7.20 Storm Water Pollution Control (A) Storm Drains. Contractor will comply with all state and federal storm water regulations. Contractor will not allow any waste materials or pollutants to enter the storm drainage system. (B) Best Management Practices. Contractor must remove any waste found or generated at the Project site using the appropriate Best Management Practices (BMPs), and must properly dispose of the waste or pollutants off-site. If solid or liquid waste materials or pollutants from the Project enter the storm drain system, Contractor must immediately notify the City’s Environmental Services Division, and thoroughly clean up the affected catch basins, storm sewer, and storm manholes to the satisfaction of the McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 63 Engineer. If Contractor fails to meet the requirements of this section, the City may issue a stop-work notice and take necessary action to require Contractor to set up preventive measures or clean up the storm drainage system. Contractor will bear all costs related to the stop-work action and corrective work, and will not be entitled to an extension of the Contract time for any resulting delay. (C) Stormwater Permit. Contractor must control all water pollution pursuant to the Contract Documents, the State Water Resources Control Board National Pollutant Discharge Elimination System (“NPDES”) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (“Stormwater Permit”). 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 the same 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 applicable state, municipal or regional laws, ordinances, rules or regulations governing discharge of stormwater, including applicable municipal stormwater management programs. (D) Failure to Comply with Stormwater Permit. Contractor must pay all costs and liabilities imposed by law as a result of Contractor's failure to comply with the provisions set forth in the Contract Documents. Such costs and liabilities include, but are not limited to, fines, penalties, and damages, whether assessed against the City or Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act. (E) Storm Water Pollution Prevention Plan Preparation. Contractor must incorporate the following BMPs, as applicable, into a site-specific Storm Water Pollution Prevention Plan (SWPPP) if required for this Project. The SWPPP must be approved by the Engineer prior to construction. (1) Non Hazardous Material/Waste Management. a. Contractor must designate areas of the Project site suitable for material delivery, storage, and waste collection that, to the maximum extent practicable, are near construction entrances and away from catch basins, gutters, drainage courses, and creeks. b. Contractor must store granular material at least 10 feet away from catch basin and curb returns. c. Contractor must prevent granular material to enter the storm drains or creeks. d. During wet weather and when rain is forecast in the next 24 hours, Contractor must cover granular material with a tarpaulin and surround the material with sand bags or other weights to ensure that tarpaulin does not expose the material during wind and rain. e. Contractor will use minimal amounts of water to control dust on a daily basis or as directed by the Engineer. f. At the end of each working day or as directed by the City, Contractor must clean and sweep roadways and on-site paved areas of all materials on or adjacent to the Worksite. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 64 g. Throughout the working day and at the end of each working day, or as directed by the City, Contractor must pick up litter, trash, scrap, waste material, and debris from the Project site and any adjacent sidewalk, curb, and gutter area. Contractor must keep the site and perimeter free from cigarette butts and other litter. h. Contractor must ensure that lids for trash receptacles are kept closed and that trash receptacles are maintained in a manner that prevents overflows. i. Contractor must maintain a clean and litter-free area around all trash receptacles on the site. j. Contractor will not use water to flush down streets in place of street sweeping or other dry methods of spill cleanup such as applying absorbent, sweeping up material and disposing it in a waste bin. k. In addition to Contractor’s obligation to recycle materials pursuant to Section 7.19 of the General Conditions, Contractor must, to the maximum extent practicable, reuse or recycle any useful construction materials generated during the Project. l. Contractor must inspect any waste and recycling receptacles for leaks, and must contact the City’s trash hauling franchisee to immediately replace or repair any leaking receptacles. m. Contractor will not discharge water on-site as a result of cleaning recycling or trash receptacles. n. Contractor must arrange for regular waste collection before receptacles overflow, and must adjust the frequency of service or the receptacle size as needed to ensure that overflows do not occur. (2) Hazardous Material/Waste Management. a. Contractor must label and store all hazardous materials including but not limited to pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, including but not limited to waste oil and antifreeze; in accordance with the City’s Hazardous Materials Storage Ordinance and all applicable state and federal regulations. b. Contractor must keep an accurate, up-to-date inventory, including Materials Safety Data Sheets (MSDSs), of hazardous materials and hazardous wastes stored on-site. c. When rain is forecast within 24 hours or during wet weather, the Contractor must not apply chemicals such as pesticides and cleaners, or any materials that may potentially enter the storm drain system, in outside areas. d. Contractor must not over-apply pesticides or fertilizers and must follow materials manufacturer’s instructions regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals. Over- application of a pesticide constitutes a “label violation” subject to an enforcement action by the Santa Clara County Agriculture Department. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 65 e. Contractor must arrange for regular hazardous waste collection to comply with all applicable time limits on storage of hazardous wastes. f. Contractor must dispose of hazardous waste only at authorized and permitted treatment, storage and disposal facilities, and must use only licensed hazardous waste haulers to remove the waste off-site, unless quantities to be transported are below applicable threshold limits for transportation specified in state and federal regulations. g. If Contractor’s business office is located in Santa Clara County, Contractor may dispose of this waste through the Countywide Hazardous Waste Program. Businesses generating less than 27 gallons or 220 pounds of hazardous waste per month are legally classified as conditionally exempt small quantity generators (CESQGs). Information on the CESQG program may be requested by calling the County at (408) 299-7300. (3) Spill Prevention and Control. a. Contractor must keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site. b. Contractor must immediately contain and prevent leaks and spills from entering storm drains, and properly clean up and dispose of the waste and cleanup materials, using dry methods to the extent feasible. If the waste is hazardous, Contractor must handle the waste as described in subsection (2) above. c. Contractor will not wash any spilled material into streets, gutters, storm drains, or creeks and will not bury spilled hazardous materials. d. Contractor must report any hazardous materials spill by calling 911 and must notify the City’s Public Works Environmental Division at 408-777-3354. (4) Vehicle/Equipment Cleaning. a. Contractor will not perform vehicle or equipment cleaning on-site or in the street using soaps, solvents, degreasers, steam cleaning equipment, or equivalent methods. b. Contractor must perform vehicle or equipment cleaning, with water only, in a designated, bermed, pervious area that will not allow rinse water to run offsite or into streets, gutters, storm drains, or creeks. (5) Vehicle/Equipment Maintenance and Fueling. a. Contractor will not perform maintenance and fueling of vehicles onsite. b. Contractor must perform maintenance and fueling of equipment only when necessary, and in a designated, bermed area or over a drip pan that will not allow run-on of storm water or runoff of spills. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 66 c. Contractor must use secondary containment, such as a drip pan, to catch leaks or spills any time that equipment fluids are dispensed, changed, or poured. d. Contractor must keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site to clean up drips and spills. e. Contractor must clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste, as described above. f. Contractor will not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials. g. Contractor must report any hazardous materials spill by calling 911. After the emergency has been reported, Contractor must notify the City’s Public Works Environmental Division. h. Contractor must inspect vehicles and equipment arriving on-site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans must be used to catch leaks until repairs are made. Shut-off valves on equipment must be working properly. i. Contractor must comply with federal, state and City requirements for above-ground storage tanks. (6) Contractor Training and Awareness. a. Contractor must train all employees and Subcontractors on the SWPPP requirements contained in these General Conditions. b. Contractor must include appropriate provisions in its subcontracts to ensure that these SWPPP requirements are met. c. Contractor must post warning signs in areas treated with chemicals. d. Contractor must paint City-approved stencil or, preferably, apply steel medallions to, any new catch basins with the “No Dumping, Flows to Creek” stencil or medallion markers available from the City’s Public Works Environmental Division. (7) Activity-Specific Requirements. The following requirements apply if the Project includes the listed activities. a. Dewatering or Pumping Operations. (i) Contractor must not discharge water to the storm drain system. Water discharges must be directed to a pervious, landscaped, or bioretention area where water will be infiltrated without causing runoff, or routed to the sanitary sewer system after obtaining a permit from Cupertino Sanitary District or Sunnyvale Sanitary, depending on which has jurisdictional authority, or contained using a Baker tank or other means to collect the water for re-use or safe and legal disposal. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 67 Contractor may contact the City’s Environmental Division for more information on these control measures. (ii) Contractor must obtain approval of the Engineer for any control measure in advance. (iii) Contractor must reuse water for other needs, including but not limited to dust control or irrigation, to the maximum extent practicable. b. Paving Operations. (i) When rain is forecast within 24 hours or during wet weather, the Engineer may require that paving be delayed for more suitable conditions. (ii) The Engineer may direct Contractor to protect drainage courses by using control measures, including but not limited to, earth dike, straw bale, and sand bag, to divert runoff or trap and filter sediment. Contractor must refer to California Storm Water Best Management Practice Handbook for these control measures. (iii) Contractor must place drip pans or absorbent material under paving equipment when not in use. (iv) Contractor must securely cover catch basins and manholes when paving or applying seal coat, tack coat, slurry seal, or fog seal. (v) Contractor must remove, clean and reapply or replace catch basin covers as often as needed to ensure protection of the storm drain system from any material other than rain. (vi) Before Final Completion, Contractor must remove and dispose of all catch basin covers and material trapped by the covers. If Contractor fails to remove and dispose of the covers and materials trapped, City reserves the right to delay final inspection and/or deduct monies from payments due Contractor to compensate the City for its additional costs for removal and disposal of catch basin protection (BMPs). (vii) If the paving operation includes an on-site mixing plant, Contractor must comply with Santa Clara County General Industrial Activities Storm Water Permit requirements. (viii) Contractor must preheat, transfer or load hot bituminous material away from drainage systems or watercourses. (ix) Contractor will not sweep or wash down excess sand (placed as part of a sand seal or to absorb excess oil) into streets, gutters, storm drains, or creeks. Contractor must either collect the sand and return it to the stockpile, or dispose of it in a trash container. Contractor will not use water to wash down fresh asphalt concrete pavement. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 68 c. Saw Cutting. (i) Contractor must use as little water as possible during saw cutting and grinding operations. (ii) Contractor must cover or barricade catch basins using control measures, including but not limited to as filter fabric, straw bales, sand bags, and fine gravel dams, to keep slurry out of the storm drain system. When protecting a catch basin, Contractor must ensure that the entire opening is covered. Contractor must refer to California Storm Water Best Management Practice Handbook for these control measures. (iii) Contractor must remove, clean and reapply or replace catch basin covers. (iv) Before Final Completion, Contractor must remove and dispose of all catch basin covers. (v) Contractor must shovel, absorb or vacuum saw cut slurry and pick up the waste prior to moving to the next location or at the end of each working day, whichever is sooner. (vi) If saw cut slurry enters catch basins, Contractor must remove the slurry from the storm drain system immediately. d. Traffic Detector Loop Installation and Repair. (i) Contractor must protect nearby storm drain inlets prior to cutting or flushing slot for traffic detector loops. Contractor must block or berm around nearby storm drain inlets using sand bags or an equivalent barrier or use absorbent materials such as pads, pillows and socks to contain slurry. (ii) Before Final Completion, Contractor must remove all sand bags and equivalent barriers and absorbent materials from the site and sweep the area clean and away from the storm drain inlet. (iii) Contractor must clean up residues by sweeping up as much material as possible and must dispose of material properly. e. Concrete, Grout and Mortar Waste Management. (i) Contractor must avoid mixing excess amounts of fresh concrete or cement mortar on-site. (ii) Contractor must store concrete, grout and mortar away from drainage areas and ensure that these materials do not enter the storm drain system. (iii) Contractor will not wash out concrete trucks or equipment into streets, gutters, storm drains, or creeks. (iv) Contractor must perform washout of concrete trucks or equipment off-site or in a designated area on-site where the McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 69 water will flow onto dirt or into a temporary pit in a dirt area. Contractor must let the water percolate into the soil and dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, Contractor must collect the wash water and remove it off-site. (v) Contractor will prevent creating runoff by draining water from washing of exposed aggregate concrete to a dirt area. If a suitable dirt area is not available, Contractor must collect the wash water and remove it off-site. (vi) Before Final Completion, Contractor must remove all protective measures and treatment materials and sweep the site clean. (vii) Contractor must collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in a trash container. f. Painting. (i) Contractor must conduct cleaning of painting equipment and tools in a designated area that will not allow run-on of storm water or runoff of spills. (ii) Contractor will not allow wash water from cleaning of painting equipment and tools into streets, gutters, storm drains or creeks. (iii) Contractor will remove as much excess paint as possible from brushes, rollers and equipment before starting cleanup. (iv) To the maximum extent practicable and with permission from Cupertino Sanitary District, Contractor will dispose of wash water from aqueous cleaning of equipment and tools to the sanitary sewer. (v) If Contractor cannot dispose of wash water to the sanitary sewer, Contractor must direct wash water onto dirt area and spade in. (vi) To the maximum extent practicable, Contractor will filter paint thinner and solvents for reuse. (vii) Contractor must dispose of thinners, solvents, oil and water-based paint, and sludge from cleaning of equipment and tools as hazardous waste, as described in these General Conditions. (viii) Contractor must store paint, solvents, chemicals, and waste materials in compliance with the City of Cupertino Hazardous Materials Storage Ordinance and all applicable state and federal regulations. Contractor must store these materials in a designated area that will not allow run-on of storm water or runoff of spills. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 70 (ix) Contractor must dispose of dry or empty paint cans and buckets, old brushes, rollers, rags, and drop cloths in the trash. g. Earthwork. (i) Contractor must use the BMPs for erosion and sedimentation in either the California Storm Water Best Management Practice Handbook - Construction Activity or the ABAG Manual of Standards for Erosion and Sediment Control Measures. h. Thermoplastic. (i) Contractor must transfer and load hot thermoplastic away from drainage systems or watercourses. (ii) Contractor must sweep thermoplastic grindings into plastic bags. Yellow thermoplastic grindings may require special handling as they may contain paint. i. Pesticide Usage and Pest Management. (i) Contractor must follow all federal, state, and local policies (including the City’s Integrated Pest Management Policy), laws, and regulations governing the use, storage, and disposal of pesticides and training of pest control advisors and applicators. (ii) Contractor must submit pest management control methods to Engineer for approval. Such control methods may include, but are not limited to: no controls; physical or mechanical methods; environmental controls (mulching, pest- resistant vegetation); biological controls (predators, parasites, etc.); less toxic controls (soaps, oils, etc.); and hot water. (iii) Contractor must notify and receive permission from the Engineer and the Public Works Environmental Division before applying any pesticides. (iv) If permitted to use pesticides, Contractor must use the least toxic pesticides available and the use and type of such pesticides must be approved by the City. The City will consider the LD50, overall risk to the applicator, and impact to the environment when approving the use of pesticides. (v) Contractor must apply pesticides at the appropriate time to maximize their effectiveness and minimize the likelihood of discharging non-degraded pesticides in stormwater runoff. Contractor will not apply pesticides if rain is expected. (vi) Contractor must mix and apply only as much material as is necessary for treatment. Contractor must calibrate application equipment prior to and during use to ensure desired application rate. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 71 (vii) Contractor will not mix or load pesticides in application equipment adjacent to a storm drain inlet culvert or watercourse. (viii) Contractor will not use Clopyralid, Diazinon, Chlorpyrifos, Chloradane, DDT, Dieldrin or other organophosphates. Fipronil and pyrethroids including, but not limited to Deltamethrin and Bifenthrin, will not be applied on City property. (ix) Contractor must submit monthly summaries of pesticide use to the Public Works Environmental Division on appropriate City form. Information provided must include, at a minimum, the product used, the method of application, date applied, the area to which it is applied, and the amount applied. 7.21 Traffic Control and Public Safety A. Fences and Barriers. Contractor must furnish, erect, and maintain fences, barriers, lights, and signs, and must provide flagging and guards as necessary to give adequate warning to the public of the construction and of any dangerous condition at Contractor’s sole cost and expense. City must approve all signs as to size, wording, and location. City, in its sole discretion, may direct Contractor to implement additional measures. Contractor may be required to cover certain signs which regulate or direct public traffic to roadways that are not open to traffic. The Engineer will determine which signs must be covered. B. Manual on Uniform Traffic Control Devices (MUTCD). Notwithstanding the requirements of this Section 7.21, all fences, barriers, signs, lights, flags, and other warning and safety devices and their use must conform to the requirements of Part 6 of the United States Department of Transportation MUTCD and the MUTCD California Supplement. C. Sign Conflicts. Signs and other protective devices furnished and erected by Contractor will not obscure the visibility of, nor conflict in intent, meaning, and function of, existing signs, lights, and traffic control devices or any construction area signs and traffic control devices D. Public Access. Contractor must conduct operations in the manner that offers the least possible obstruction and inconvenience to the public. Contractor must complete the Work in a manner that allows for access to public rights-of-way. Unless otherwise provided in the Contract Documents, all public traffic must be permitted to pass through the Work with as little inconvenience and delay as possible. Where possible, public traffic must be routed on new or existing paved surfaces. E. Public Spills. Spillage resulting from hauling operations along or across any public right-of-way must be removed immediately by Contractor at Contractor's sole cost and expense. F. Existing Traffic Signals. Existing traffic signals and highway lighting must be kept in operation and available for routine maintenance during construction. G. Abutting Properties. Construction operations must be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Contractor must maintain convenient access to driveways, houses, and buildings, and temporary approaches to crossings or intersecting highways must be provided and kept in good condition. When an abutting property owner's access across the right-of-way line McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 72 is to be eliminated or replaced by other access facilities, the existing access will not be closed until the replacement access facilities are usable. H Lane Closures. Lane closures are not permitted before 7:00 A.M. or after 5:00 P.M. from Monday through Friday or as otherwise specified in the Special Conditions or Specifications. City may, at its sole discretion, approve lane closures during this time upon written request from Contractor. Contractor must maintain a minimum of two travel lanes for traffic use (one in each direction) at all times. I. Costs. Contractor is solely responsible for all costs for all required traffic control and public safety measures. 7.22 Noise Control. Contractor must comply with all applicable noise control laws, ordinances, regulations and rules. 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. 7.23 Fire Protection Plan. If a fire protection plan is required for this Project, within 21 days after the date of issuance of the Notice of Award, Contractor must submit to the Engineer a fire protection plan that has been reviewed and approved by the Santa Clara County Fire Department. In addition to any specified requirements for the fire protection plan, the plan should address all of the following: (A) Equipment spark arresters; (B) Fire-extinguishing equipment at the Worksite(s); (C) Fire response procedures; (D) Notification to authorities of any fire; (E) Fire equipment access during performance of the Work and after hours; (F) Educating and training workers to comply with the fire protection plan (G) Safe storage and transport of flammable materials; and (H) Equipment for ventilation and illumination. 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 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 stipulated in the Contract Documents. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 73 (B) Deleted or Reduced Work. Contractor will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that Contractor reasonably incurred before Contractor learned that the Work could be deleted or reduced. Contractor will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits. 8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit to the Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month. (A) Application for Payment. Each application for payment must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Worksite, as well as authorized and approved Change Orders. Each pay application must be supported by Contractor’s Bid Schedule 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 thirty (30) days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code section 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 modifications 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 Worksite, 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. (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 or deduct an amount equal to five percent of the total amount requested; McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 74 (G) For Contractor’s failure to maintain or submit as-built documents in the manner and within the time specified in the Contract Documents, City may withhold or deduct an amount based on the City’s cost to prepare the as-builts; (H) For Work performed without approved Shop Drawings, when approved Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated costs to correct unsatisfactory work or diminution in value; (I) For fines assessed under the Labor Code, as require by law; (J) For any other costs or charges that may be withheld, deducted from, or offset against payments due, as provided in the Contract Documents, including liquidated damages; or (K) For failure to release claims as to undisputed amounts pursuant to Section 8.9, below. 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 amount due on each progress payment, or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and satisfactory performance of the Work. (A) Substitution of Securities. As provided by Public Contract Code section 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 section 22300, and will be subject to approval as to form by City’s legal counsel. (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 under Section 8.3 or Section 8.6, 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(E) below, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete under Public Contract Code section 7107(c). 8.6 Setoff. City is entitled to set off any amounts due from Contractor against any payments due to Contractor. City’s entitlement to setoff includes progress payments as well as Final Payment and unreleased retention. 8.7 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 Worksite by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of the law, and those of the Contract Documents and applicable subcontract or supplier contract. (A) Withholding for Stop Notice. Pursuant to Civil Code section 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. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 75 (B) Joint Checks. City reserves the right to issue joint checks made payable to Contractor and its Subcontractors or suppliers. 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 City. 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. 8.8 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. The date of Final Payment is deemed to be effective on the date that City acts to release undisputed retention as final payment to Contractor, or otherwise provides written notice to Contractor of Final Payment. 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. 8.9 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment (excepting undisputed retention subject to release under Public Contract Code section 7107) 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 limits of Public Contract Code section 7100. The waiver and release of claims must be submitted using the City’s Release of Claims form. Any disputed amounts may be specifically excluded from the release. 8.10 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work or delivered to a Worksite, and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon any payment to Contractor pursuant to this Article 8. 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 federal and California laws, including the California Fair Employment and Housing Act (Government Code sections 12900 et seq.), Government Code section 11135, and Labor Code sections 1735, 1777.5, 1777.6, and 3077.5. 9.2 Labor Code Requirements. (A) Eight Hour Day. Under Labor Code section 1810, eight hours of labor constitute a legal day’s work under this Contract. (B) Penalty. Under Labor Code section 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 section 1815. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 76 (C) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference. (D) Notices. Under Labor Code section 1771.4, Contractor is required to post all job site notices prescribed by law or regulation. 9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code section 1720 or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in sections 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 Worksite. (A) Penalties. Under Labor Code section 1775, Contractor and any Subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion a day, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker. (B) Federal Requirements. If this Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements, Contractor and its Subcontractors are required to pay the higher of the current applicable prevailing wage rates under federal law, available online at http://www.access.gpo.gov/davisbacon/ca.html. 9.4 Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. (A) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) Contractor or the Subcontractor has complied with the requirements of Labor Code sections 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 section 1776, Contractor or Subcontractor has ten days in which to comply with requirements of this section. If Contractor or Subcontractor fails to do so within the ten day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 77 request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from progress payments then due. 9.5 Labor Compliance. Under Labor Code section 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 safety laws, rules and regulations and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at the Worksite, materials and equipment stored on or off site, and property at or adjacent to the Worksite. (A) Reporting Requirements. Contractor must immediately provide a written report to City of all recordable accidents and injuries occurring at the Worksite. 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 law or regulation. (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 Worksite is unsafe, City may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If Contractor fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with City’s request for corrective measures pursuant to this provision. 10.2 Hazardous Materials. Unless otherwise specified in the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Worksite 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 section 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 Material Safety Data Sheets (“MSDS”) at the Worksite, as required by law, for materials or substances used or McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 78 consumed in the performance of the Work. The MSDS 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 Worksite 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 Worksite 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 Worksite condition, the method of construction, or the way any Work must be performed. Article 11 - Completion and Warranty Provisions 11.1 Final Completion. (A) Final Inspection. When the Work required by this Contract is fully performed, Contractor must provide written notification to City requesting final inspection. The Engineer will schedule the date and time for final inspection, which must include Contractor’s primary representative for this Project and its superintendent. Based on that inspection, City will prepare a punch list of items that are incomplete, incorrectly installed, or not operating as required by the Contract Documents. The omission of any such item from this punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents. (B) Punch List. City will deliver the punch list to Contractor and 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. (C) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, including a warranty bond as required under Section 4.4, instructions and manuals as required under Section 7.10, and as-built drawings as required under Section 7.11, all to City’s satisfaction. (D) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, or if the Engineer is authorized to accept the Project, the Project will be considered accepted upon the date of the Engineer’s issuance of a written notice of acceptance. 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. (E) Final Payment. 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 79 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. 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. 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 W ork for a period of one year from the date of recordation of the notice of completion (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. Contractor must obtain from its Subcontractors, suppliers and manufacturers any special or extended warranties required by the Contract Documents. (C) Warranty Documents. As a condition precedent to acceptance, 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 W arranty 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 W arranty Period as to any defects in Work for which Contractor was notified prior to expiration of the W arranty Period. (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, Contractor expressly agrees that City may correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse City for its costs within 30 days following City’s submission of a demand(s) 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. (G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, Contractor expressly agrees that 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 within 30 days following City’s submission of a demand(s) 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 80 Contractor’s warranty obligations herein in addition to any and all costs City incurs to immediately correct the defective Work, including any associated overtime charges. 11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion. City will notify Contractor in writing of its intent to occupy or make use of the Project or any portions of the Project, pursuant to this provision. (A) Non-Waiver. Occupation or use prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or Contractor’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect. (B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to Contractor’s cost or time to complete the Work within the Contract Time. 11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Subcontractor performs Work on the Project prior to recordation of the notice of completion, 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 change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, that 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. (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 section 9204 and sections 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 81 perform the Work and may not delay or cease Work pending resolution of the 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. 12.2 Claims Submission. The following requirements apply to any Claim subject to this Article: (A) Substantiation. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Article 12, and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all 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 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. A Claim must be submitted in the following format: (1) General introduction, specifically identifying the submission as a “Claim” submitted under this Article 12. (2) Relevant background information, including identification of the specific demand at issue, and the date of City's rejection of that demand. (3) Detailed explanation of the issue(s) in dispute. For multiple issues, separately number and identify each issue and include the following for each separate issue: a. The background of the issue, including references to relevant provisions of the Contract Documents; b. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position; c. A chronology of relevant events; d. The identification and attachment of all supporting documents (see subsection (A), above, on Substantiation); and e. Use of a separate page for each issue. (4) Summary of issues and damages. (5) 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 are true and correct. Contractor warrants that this Claim is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay claim not included herein are deemed waived. Contractor understands that submission of a Claim which has no basis McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 82 in fact or which Contractor knows to be false may violate the False Claims Act (Government Code Section 12650 et seq.).” (C) Submission Deadlines. (1) A Claim 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. (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 8.8, above. (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 section 9204. However, if City determines that the Claim is not adequately documented, 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. If Contractor fails to submit the additional documentation to City within 15 days of receipt of City’s request, the Claim will be deemed waived. (A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and Contractor. (B) Non-Waiver. Any failure by City to respond within the times specified above may not be construed as acceptance of the Claim in whole or in part, or as a waiver of any provision of these Contract Documents. 12.4 Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response, or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, Contractor may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to dispute City’s response in writing within the specified time, Contractor’s Claim will be deemed waived. (A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 83 (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 section 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 mediation equally, except costs incurred by each party for its representation by legal counsel or any other consultants. (B) Government Code Claims. (1) Timely presentment of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. (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 California Code of Civil Procedure section 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 Damages. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to recovery of any alleged home office overhead. The Eichleay Formula or similar formula may not be used for any recovery under the Contract. Contractor is not entitled to special, incidental, or consequential damages, including home office overhead or any form of overhead not directly incurred at the 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. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 84 12.9 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, 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, City may immediately order the Work, or any portion of it, suspended until the cause for the suspension has been eliminated to City’s satisfaction. (A) Failure to Comply. Contractor will not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. (B) 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, and not due to any act or omission by Contractor or its Subcontractors. 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. The Contract Price and the Contract Time will be equitably adjusted by Change Order to reflect the cost and delay impact occasioned by such suspension for convenience. However, the time for completing the Project will only be extended if the suspension causes or will cause delay in Final Completion. 13.3 Termination for Default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the Work within the Contract Time; or responsibility for any other material breach of the Contract requirements. (A) Notice. Upon City’s determination that Contractor is in default, City may provide Contractor and its surety written notice of default and intent to terminate the Contract. (B) Termination. Within seven calendar days after notice of intent to terminate for default has been given, unless the default is cured or arrangements to cure the default have been made and memorialized in writing, to City’s satisfaction, City may terminate the Contract by written notice to Contractor with a copy to Contractor’s surety. (C) 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, Contractor’s surety will be deemed to have waived its right to complete the Work under the Contract, and 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 85 means that City determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination. In addition, City will have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work. (D) Wrongful Termination. 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 consequential damages, lost opportunity costs or lost profits. 13.4 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must: immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City’s instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. Subject to City’s directions in the notice, 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. Contractor must also promptly cancel, all existing subcontracts that relate to performance of the discontinued Work. (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 to date, 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. Actual and substantiated demobilization costs; and (3) Markup. Five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date. 13.5 Effect of Any Contract Termination. Upon any termination pursuant to this Article, City may enter upon and take possession of the Project and the Work. City may also take possession of, for the sole purpose of completing the Work, all of Contractor’s tools, equipment and appliances, and all materials on the Worksite or stored off the Worksite that will be incorporated in the Work. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, subm ittals of as-built drawings, instructions, or manuals, 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 section 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. section 15) or under the Cartwright Act (Chapter 2 (commencing with section McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 86 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 that bids were due. END OF GENERAL CONDITIONS McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 87 Special Conditions 1. Existing Equipment. 1.1 Contractor will carefully remove all existing equipment from the Worksite. If the City specifies or indicates that equipment is to be salvaged and reused or to remain the property of City then the Contractor will reuse or return the equipment to the City. Contractor will store and protect salvaged equipment specified to be reused in the Work. Contractor will delivery to the City in good condition the equipment that is to remain City property but not be reused in the Work. 1.2 If an item specified to be salvaged is damaged during its removal, storage, or handling through carelessness or improper procedures, then Contractor will replace that equipment in kind or with a new item. For those items specified to be salvaged Contractor may choose to instead furnish and install new equipment, in which case the original, removed items will become Contractor’s property. Existing materials and equipment removed by Contractor will only be reused in the Work if so specified or indicated by the City. 2. Work Days and Hours. Work hours and noise pose a special concern for projects in residential neighborhoods. The City is very concerned for its residents and will diligently enforce the restrictions below. 2.1 Work Hours. 7:00 a.m.-5:00 p.m. local time, Monday through Friday; 9:00 a.m. – 5:00 p.m. on Saturdays, 9:00 – 4:00 p.m. Sundays and holidays. 2.2 Worker Arrival and Parking. Workers may arrive at the Worksite no earlier than 7:00 a.m. Violations of these requirements will result in a $3,000 dollar penalty to Contractor, per occurrence. 2.3 Equipment and Material Delivery and Off-Haul Hours. No equipment or material may be delivered or off-hauled except between the hours of 7:00 a.m. and 5:00 p.m. No equipment that has a safety back up beeper may be operated before 7:00 a.m. on any day. 2.4 Work Days Only. Work will only be performed on Work Days, as defined in the General Conditions, unless Contractor requests otherwise from City in writing at least 2 working days in advance, and City approves the request in its sole discretion. In the case of Work by Contractor after normal working hours, 2.5 Connections to Existing Facilities. Unless otherwise specified or indicated, Contractor will make all necessary connections to existing facilities, including structures, drain lines, and utilities such as water, sewer, gas, telephone, and electric. In each case, Contractor will receive permission from City or the owning utility prior to undertaking connections and coordinate as needed to accommodate the facilities operations. Contractor will protect facilities against deleterious substances and damage. 2.6 Noise Limitation. No non-construction noise will be allowed, this includes amplified music, radio or other noise not due to construction activities. 3. SUBMITTALS FOR QUALITY ASSURANCE. In the Technical Specifications, the City may specify quality assurance requirements, including qualifications for special skills and experience required of the Contractor. For any specified skill, the Contractor may use a subcontractor that specializes in the work and meets the performance requirements or McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 88 the Contractor may self-perform the work, subject to demonstrating the necessary skill, experience, and/or certifications to perform the work. The Contractor will submit verification that the materials and labor skills meet the specified requirements prior to implementing the specific work though the submittal process. 4. Parking Restrictions. Contractor and its Subcontractors may park only at City- designated stalls or areas. Parking anywhere else at the Project site will not be permitted. 5. 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: 5.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent; 5.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours; 5.3 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; 5.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer; 5.5 Draft baseline schedule for the Work as required under Section 5.2, to be finalized within 10 days after City issues the Notice to Proceed; 5.6 Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to Contractor; 5.7 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers; 5.8 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements; 5.9 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; 5.10 If requested by City, Contractor’s cash flow projections; and 5.11 Any other documents specified in the Special Conditions or Notice of Award. 6. Construction Manager Role and Authority. City will designate a Construction Manager to assist City in the management of the construction of the Project. The Construction Manager may perform services in the areas of supervising and coordination of the work of Contractor and/or other contractors, scheduling the Work, monitoring the progress of the Work, providing City with evaluations and recommendations concerning McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 89 the quality of the Work, recommending the approval of progress payments to Contractor, or other services for the Project in accordance with the Construction Manager’s contract with City. 6.1 Communications. Contractor must submit all notices and communications relating to the Work directly to the Construction Manager in writing. 6.2 On-Site Management and Communication Procedures. The Construction Manager will provide contract administration as an agent of City, and will establish and implement coordination and communication procedures among City, the Design Professional, Contractor, and others. 6.3 Contract Administration Procedures. The Construction Manager will establish and implement procedures for reviewing and processing requests for clarifications and interpretations of the Contract Documents, Shop Drawings, samples, other submittals, schedule adjustments, Change Order proposals, written proposals for substitutions, payment applications, and maintenance of logs. 6.4 Pre-Construction Conference. Contractor will attend the Pre-Construction Conference, during which the Construction Manager will review the Contract administration procedures and Project requirements. 6.5 Contractor’s Construction Schedule. The Construction Manager will review Contractor’s construction schedules and will verify that each schedule is prepared in accordance with the requirements of the Contract Documents. 7. Close Out Requirements. Contractor’s close out requirements include the following, if applicable: 7.1 Contractor must replace in kind, any existing striping within and adjacent to the Project site that is damaged during the Work. Partially damaged striping must be replaced in its entirety. 7.2 Contractor must replace any survey monuments that are damaged or removed during the Work, with a Record of Survey filed by a licensed land surveyor as required by California law. 7.3 Before removing any traffic control or street signs on the Project site, Contractor must take photographs showing their original locations. Upon completion of each phase of construction, Contractor must temporarily reset the signs at those locations. Contractor must then replace the signs permanently upon completion of the Work and the cost of their removal and replacement must be included in the Bid Proposal. END OF SPECIAL CONDITIONS McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 90 Special Environmental Conditions 1. SECTION INCLUDES: Requirements for compliance with environmental documents, resource agency standards, and related environmental regulations. 2. REFERENCES: Draft Mitigated Negative Declaration – See Appendix 3. ARCHAEOLOGICALLY SENSITIVE AREAS General: It is the intent of the City to comply with all State and Federal laws related to the protection of cultural resources. Contractor’s attention is directed to Section 106 of the National Historic Preservation Act of 1966 (36 CFR 800, revised 1999). California Public Resources Code Chapter 1.7, Section 5097.5 makes it a misdemeanor for anyone to knowingly disturb a historical feature. California Public Resources Code Sections 5097.98 and 5097.99 require protection of Native American remains which might be discovered and outline procedures for handling any burial found. The California Public Resources Code Section 5097.9 and Health and Safety Code 7050 require coordination with the State Native American Heritage Commission (NAHC). Contractor’s attention is directed to the fact that the project site is near an archaeologically sensitive area, but is not known to contain any archaeological or cultural resources. However, it is possible that the project could reveal as yet unknown prehistoric or historic archaeological resources. Work must comply with applicable measures. Additional requirements are noted below. A. Prior to the initiation of construction or ground-disturbing activities, the City will conduct a tailgate meeting to inform all construction personnel of the potential for exposing subsurface cultural resources and to recognize possible buried cultural resources. Personnel must be informed of the procedures that would be followed upon the discovery of suspected discovery of archaeological materials, including Native American remains and their treatment. 1. If all construction personnel are not available to attend the City conducted tailgate meeting prior to initiation of construction or ground-disturbing activities, the Contractor may video-tape the tailgate meeting to inform construction personnel not present at the tailgate meeting. Contractor is be responsible for and provide the following at no cost to the City: a. Video: i. The video must capture the presentation in such a manner to provide quality audio and visual information to all Contractors’ personnel working at the site to assure optimum training outcomes. Audio must be clear, consistent and audible without adjusting volume throughout the video delivery method. Extraneous noises not related to the City representative’s presentation must be limited. Visual images must be focused on the City’s representative and/or to a point of reference the City’s representative has called attention to. Visual quality should be clear, consistent and without distractions. Distractions include but are not limited to jittery, skipping or bumped images, over or under exposure or other visual quality impairments. McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 91 ii. A copy of the video must be provided by the Contractor to the City for City review and approval. Once approved by the City, the Contractor must provide the City with a copy of the video and the Contractor must maintain a copy of the approved video at the Project site until the Project is accepted by the City. b. Training coordination: At the City’s discretion, a City representative may be present at all video training occurrences. In order to facilitate City attendance, the Contractor must provide the City a minimum of five working days’ notice prior to conducting video training. c. Training certification: At the conclusion of the video training, each Contractor personnel must sign a training certification form that they have received and understood the training content. Contractor personnel must not be allowed on the Project site until Contractor personnel have received the training and signed the training certification form. The Contractor must maintain a binder of original signed training certification forms at the construction site and provide the City one copy of each original within 2 days of the training occurrence. The binder must become the training record. d. Training records: Access to Contractor training records may be requested by the City or a City representative at any time. Random checking of Contractor personnel on the job site by the City or City representative may occur at any time. Contractor personnel that have not received the training or do not have a signed training certification on file will be immediately removed from the Project site until such time that the Contractor demonstrates that Contractor personnel possess training certification as described above. Removal of Contractor personnel under this condition will be at no cost or schedule delay to the City. B. Upon discovery of possible buried prehistoric and historic cultural materials (including potential Native American skeletal remains), work within 25 feet of the find must be halted and the City must be notified. The City will retain a qualified archaeologist to review and evaluate the find. Construction work must not begin again until the archaeological or cultural resources consultant has been allowed to examine the cultural materials, assess their significance, and offer proposals for any additional exploratory measures deemed necessary for the further evaluation of, and/or mitigation of adverse impacts to, any potential historical resources or unique archaeological resources that have been exposed. If the discovery is determined to be a unique archaeological or historical resource, and if avoidance of the resource is not possible, the archaeologist must inform the City of the necessary plans for treatment of the find(s) and mitigation of impacts. The treatment plan must be designed to result in the extraction of sufficient non-redundant archaeological data to address important regional research considerations. The City will insure that the treatment program is completed. The work must be performed by the archaeologist and must result in a detailed technical report that must be filed with the Northwest Information Center, Sonoma State University. Construction in the immediate vicinity of the find must not recommence until treatment has been completed. If human remains are discovered, they must be handled in accordance with State law including immediate notification of the County Medical Examiner/Coroner. McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 92 C. All excavation contracts for the project must contain provisions for stop-work in the vicinity of a find exposing archaeological resources during subsurface construction. In addition, the contract documents must recognize the need to implement any mitigation conditions required by the permitting agency. In general, the appropriate construction conditions should be included in any contract that has the potential for ground disturbing operations. Full compensation for work involved in complying with the requirements of this section will be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefore, except for the following: Contractor labor, equipment and materials used in assisting an archaeologist, if required, will be paid for as extra work as provided in Doc. 00700 General Conditions. 4. TREE PROTECTION ZONES AND ENVIRONMENTALLY SENSITIVE AREAS Tree protection zones (TPZs) as noted elsewhere in the technical specifications construction documents, include installation of protective fencing and sensitive work within these areas, under the direction of the City and City’s Arborist. If for any reason construction requires the removal of a protected tree not already noted in the plans, a tree removal permit would have to be obtained in advance from the City. All requirements for removal as stated in the tree removal permit, including installation of replacement trees, would have to be followed. Contractor’s attention is directed to the fact that the project site is in a natural setting which includes wildlife that may be temporarily disturbed by construction activities. An Environmentally Sensitive Area (ESA) may be established if a sensitive or protected species establishes in the project area. If needed, the exact location of the boundaries of ESA(s) must be established by the City’s representative. Contractor must place temporary high visibility fence at the boundary of each ESA. Within the boundaries of the fenced ESA, no project related activities must take place. Contractor must preserve and protect the ESA at all times and is prohibited from entering fenced ESA for any purpose. This specifically prohibits vehicle access, storage, or transport of any materials, including hydrocarbon and lead contaminated materials or any other project related activities. An ESA must only be removed upon written direction from the Engineer. If Contractor’s work progress is delayed by reason of establishment of an ESA, it will be cause for a time extension if the delay affects the controlling item of work, per the General Conditions. 5. WILDLIFE PROTECTIVE MEASURES The environmental review process has identified biological measures that must be applied as wildlife protective measures and must be implemented before, during, and after construction. Contractor must comply with all project permits and the following provisions as a requirement of the Contract: A. Creek Corridor & Wetlands Contractor must take all reasonable precautions to prevent incidental incursions of personnel, equipment or materials into wetlands, creek channel areas and adjacent vegetation that are outside the noted work limits. Contractor must remain within designated work area limits during construction along creek areas within the project limits. No work is permitted below the top of bank unless specifically noted in the contract documents. McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 93 B. Western Pond Turtle, California Red-Legged Frog and San Francisco Dusky-footed Woodrat Special-status wildlife species could potentially be affected by project activities. All work must be performed in accordance with applicable permit and resource agency requirements and applicable regulations: The following avoidance measures must be implemented. • Preconstruction Survey. In the 2 days prior to the start of construction activities, a City-provided biologist will perform one daytime survey for California Red-Legged (CRLF), Western Pond Turtle (WPT) and San Francisco Dusky-footed Woodrat (woodrat). The entire work area including any burrows, rocks and woodpiles that may be disturbed by construction activities must be inspected for CRLF, WPT and woodrat. If CRLF is detected, work must be suspended and the U.S. Fish & Wildlife Service (USFWS) must be contacted on how to proceed. If during this survey WPT or woodrat are detected, the California Department of Fish and Wildlife (CDFW) should be contacted on how to proceed. If at any time during construction CRLF is detected, work must be suspended in the vicinity, Contractor must immediately notify the City and the U.S. Fish & Wildlife Service (USFWS) must be contacted on how to proceed. If during this survey, WPT or woodrats are detected, work in the vicinity must be suspended and the Contractor must immediately notify the City. City will provide a biologist or qualified monitor to assist in providing proper guidance and protection of the animal(s). In the past, CDFW has approved protocols for the WPT stating that if a turtle is detected, the turtle will be observed to determine if it is moving through the area in which it was detected or if the animal is occupying the habitat for nesting, foraging, or basking. During construction activities within the immediate area of the turtle detection, a City-provided biologist or qualified monitor will work with construction crews. If the animal is relocated during construction activities, the monitor will observe the turtle and alert work crews to delay work if it is within the work area or begins to move toward or into the work area. If the turtle appears to be traveling from upland habitat to a nearby aquatic site, work must cease until the turtle has traveled a safe distance from the immediate project site. The monitor must observe the animal from a distance to ensure it does not wander back into the work area. If the turtle is relocated and appears to be occupying the habitat within the project footprint for activities such as nesting, basking, or foraging, the City or its representatives will contact CDFW for guidance. If at any time during construction San Francisco dusky-footed woodrat are detected, work must be suspended in the vicinity and Contractor must immediately notify the City. City will provide a biologist or qualified monitor to assist in providing proper guidance and protection of the animal(s). CDFW should be contacted on how to proceed (since they are State Species of Special Concern). CDFW has generally accepted the following guidelines for avoidance/minimization of effects on San Francisco dusky-footed woodrat houses, listed in order of priority and implementation: • The project work will be rerouted to avoid the woodrat house by at least 50 feet. • If the work cannot be rerouted at least 50 feet from the house, it will be rerouted as far away from the house as possible but not closer than 5 feet McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 94 from the house. Safety and/or silt fencing (for houses downslope) will be erected around all houses within 25 feet of the construction activity to avoid impacts during construction. • If the project footprint must go directly through or within 5 feet of a house, CDFG should be consulted with one of the two following options: 1. If the house appears inactive seek approval from CDFW to dismantle the house and replace the lost resource by building an artificial house. One artificial house should be built for every one existing inactive house. 2. If the house appears active, approval will be sought from CDFW to: 1) trap the occupant(s) of the house, 2) dismantle the house, 3) construct a new artificial house with the materials from the dismantled house, and 4) release the occupant into the new artificial house. The new house should be placed as close to its original location as feasible and as far from the project footprint as necessary to be protected from construction activities. If the house is to be moved downslope of the project footprint, extra precautions should be taken, such as a plywood barrier, to stop falling/sliding materials from impacting the new house. Houses should only be moved in the early morning during the non- breeding season (October through February). If trapping has occurred for 3 consecutive nights and no woodrats have been captured, the house should be dismantled and a new house constructed. • Employee Education Program. An employee education program must be conducted prior to the initiation of project activities. The program must consist of a brief presentation by persons knowledgeable in federally listed and state special status species biology and legislative protection to explain concerns to contractors and their employees. The program would include the following: a description of WPT, CRLF, and woodrats and their habitat needs; an explanation of the status of these species and their protection under state and federal laws; and a list of measures to reduce impacts to wildlife during project activities. Crews must be instructed that if a CRLF is found, it is to be left alone and the project foreman and the City and U.S. Fish and Wildlife Service must be notified immediately. Likewise if a WPT or woodrat nest is found, it is to be left alone and the project foreman and the City must be notified immediately. Project crew is to sign a sheet for receipt of training. • If all project crews are not available to attend the City conducted employee education program prior to initiation of project activities, the Contractor may video-tape the employee education program to inform project crews not present at the employee education program. Contractor must be responsible for and provide the video-taping at no cost to the City as described under 1.02.A of these Special Environmental Conditions. • Speed Limit. Vehicles must not drive more than 5 miles per hour within the project area. If any woodrats, WPT or CRLF are seen in the path of a vehicle, the vehicle must stop until the animal is out of the path. Parked vehicles must be thoroughly checked underneath before they are moved to ensure that no protected wildlife is on the ground below the vehicle. Contractor must provide City with at least fifteen (15) and no more than thirty (30) days advance notice of planned start of construction activities so that Preconstruction Surveys noted above can be scheduled. A City-provided biologist will conduct the survey. McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 95 All pre-construction biological surveys are valid for a period of two (2) calendar days maximum, except as otherwise noted herein. Contractor must begin work within two (2) calendar days after the completion of the pre-construction surveys, or a new pre- construction survey for that species will be required. If the Contractor does not begin work within two (2) days after the completion of the original pre-construction surveys, the cost of the new pre-construction survey or surveys will be paid by the Contractor and such costs will be deducted from any money due or to become due to the Contractor. No additional time will be allowed for any delays that accrue due to the need for new pre- construction surveys. If Contractor’s work progress is delayed due to compliance with the requirements of this Section, it will be cause for a time extension if the delay affects the controlling item of work, per Document 00700, General Conditions. Contractor must provide City with at least fifteen (15) days advance notice of initiation of project activities so that the Education Program can be scheduled. City’s representative will conduct an Education Program in the City of Cupertino within two weeks of such notification. Contractor must be responsible for arranging for attendance by all personnel working at the site, including but not limited to subcontractors, foremen, superintendents, employees and contractor’s representatives. If subsequent Education Programs are needed because contractor personnel at the site have not received this required education, City reserves the right to charge Contractor for the cost. C. Bats Bats are protected by California Department of Fish and Game Code Section 4150 and are considered nongame mammals. Nongame mammals or parts thereof may not be taken or possessed except as provided by code or in accordance with adopted regulations. All work must be performed in accordance with the measure below. The following avoidance measure must be implemented: • Preconstruction Surveys. A pre-demolition survey for roosting bats must be conducted no more than 14 days prior to any construction and to any large tree removal during maternity season (March 1 to August 31). The survey must be conducted by a qualified City-provided biologist. City has retained a qualified biologist that will provide the preconstruction survey. D. Noise Contractor must limit work to the hours noted elsewhere in the contract documents. Any deviation from these hours must be approved in writing by City. Contractor must maintain and operate all equipment consistent with the manufacturer’s specifications. Construction equipment will include available noise suppression devices and properly maintained mufflers. Contractor must site fixed and mobile equipment to minimize noise emissions outside the right-of- way, and must minimize the staging of construction equipment and unnecessary idling of equipment in the vicinity of residences and other sensitive receptors. 6. RAPTORS AND OTHER NESTING BIRDS The Contractor is to note that nesting/breeding birds, including raptors, may be present in the project area. For all migratory birds except raptors, the nesting season in the project area is McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 96 considered to be from February 15th to August 31st. It is against the law to harm these birds or their eggs or active nests, and other wildlife, as per the Migratory Bird Treaty Act and the California Fish and Game Code. All work must be performed in accordance with the measures below. • Vegetation, tree, and building or structure removal activities within the project area should be scheduled if feasible to take place outside of the nesting season (Feb. 1 to Aug. 31) to avoid impacts to nesting birds. In order to avoid impacts to raptor nests during the non nesting season, a preconstruction survey of trees that could support raptor nests will be completed. The survey must be conducted by a City-provided biologist. Every attempt must be made to protect trees that contain raptor nests. • If construction is to occur during the nesting season, a qualified City-provided biologist must conduct a pre-construction survey for nesting raptors and other birds within 5 days prior to start of construction activities. If active nests are not present, construction activities can take place as scheduled. If more than 5 days elapse between the initial nest search and the beginning of construction activities, another nest survey must be conducted. If any active nests are detected, a biologist must determine the appropriate buffer to be established around the nest. CDFG generally accepts a 50-foot radius buffer around passerine and non-passerine bird nests, and up to a 250-foot radius for raptors, however the biologist must have the flexibility to reduce or expand the buffer depending on the specific circumstances. City’s biologist must conduct the required pre-construction survey. The Contractor must notify City at least fifteen (15) days and no more than thirty (30) days in advance of the date for any active construction activity at the project site to allow scheduling of the pre-construction surveys for nesting birds. The pre-construction wildlife survey in this section is valid for a period of two (2) calendar days maximum, except as otherwise noted herein. Contractor must begin work within two (2) calendar days after the completion of the pre-construction surveys, or a new pre-construction survey for that species must be required. If the Contractor does not begin work within two (2) days after the completion of the original pre-construction surveys, the cost of the new pre-construction survey or surveys will be paid by the Contractor and such costs will be deducted from any money due or to become due to the Contractor. No additional time will be allowed for any delays that accrue due to the need for new pre-construction surveys. • Raptors: If an active raptor nest is located during the raptor breeding season, (February 1 to August 31), Contractor must establish an ESA at approximately 250 feet around the active raptor nest, or as directed by City. • Other Nesting Birds: In the event that an active nest or roost is discovered in the construction areas, or in adjacent areas considered by the City biologist to be disturbed by construction, the Contractor must establish an ESA at approximately 50-feet around the nest or as directed by the City. No construction activity may occur within the ESA until City coordinates with appropriate authorities to develop alternatives to avoid take of the nest. Once consultation is complete, work may begin/resume when written permission is obtained from City to remove the ESA. The work site is may contain active nests. If construction is to begin during breeding season, a joint site walk will be held prior to initiation of construction activities, and after the pre-construction nesting survey. Active nests will be identified and jointly marked in the field at that time. McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 97 If Contractor’s work progress is delayed due to compliance with the requirements of this Section, it will be cause for a time extension if the delay affects the controlling item of work, per General Conditions. 7. BEE HIVES Bee hives are known to occur within trees and below ground in close proximity to and within the work limits. At the joint site walk referenced in Section 1.06 above, known existing bee hives will also be identified. Contractor must address stinging insects in their Safety Plan, and must conduct safety training and provide personal protective equipment (PPEs) for working around stinging insects as needed. Contractor must inform workers to be aware of bee hives and exercise caution not to disturb hives during work related activities. No hives must be disturbed outside the work limits. If a previously unidentified hive is discovered within the work limits, Contractor must notify the Engineer immediately and inform workers of the newly identified hive. In the event that a hive is disturbed, Contractor must notify the Engineer and conduct work in proximity of hive in accordance with the approved Safety Plan. The Contractor must be responsible for any work rescheduling, relocation or stoppages due to disturbance of a bee hive and must be expected to complete all work as specified elsewhere in these specifications. 8. SUDDEN OAK DEATH The Contractor is responsible for complying with any requirements regarding Sudden Oak Death (SOD), including any requirements from the Santa Clara Agricultural Commissioner or federal agencies regarding quarantines for plant material. The Contractor must be thoroughly familiar with the provisions of 7 CFR Part 301, Phytophthora Ramorum; Quarantine and Regulations (Federal Register Vol. 67, No. 31 6827-6837, dated Thursday, February 14, 2002), hereafter referred to as the Rules and Regulations. The Contractor must avoid activities that could result in a need to comply with the specified Rules and Regulations to the maximum extent practicable. In the event that a situation arises that cannot be avoided involving one or more of the quarantined species, soils or other regulated materials as defined therein, the Contractor must implement the provisions in the specified Rules and Regulations. Furthermore, the Contractor must contact the Santa Clara County Agriculture Commissioner (SCCAC) for additional information and direction. The Engineer must be notified immediately in the event a situation arises requiring compliance with the Rules and Regulations and subsequent notification of the SCCAC. Furthermore, documentation must be provided to the Engineer enumerating the steps taken to comply. The Contractor must follow precautionary measures to help limit the inadvertent spread of SOD disease, including but not limited to the following: a. Conduct operations during the dry season as much as possible and in a manner that will minimize and prevent wet soil, mud and plant material adhering to vehicles, equipment, and boots; utilize paved and rocked roads and landings to the extent possible. b. Inspect material and equipment before it enters the site to ensure that no host material (soil or attached pieces of plants) is being transported into the site. c. Completely clean all mud, dirt and soil from shoes, boots, vehicles and equipment that were used on any site within a SOD zone, to remove soil and any imbedded host plant material, prior to bringing such items to the work site. McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 98 d. Equipment coming from potentially SOD-infested sites must be completely cleaned of soil and plant material at that site and inspected carefully to ensure potential SOD-containing soil, or parts of plants, is not transported to the project site. e. All plants and all soil material that is brought to the site for use in the project must be from SOD- free sources and SOD-free regions, and must be able to provide appropriate documentation or certification. f. If Contractor equipment or forces have worked in a SOD zone: • Prepare and use sanitation kits consisting of chlorine bleach and water (10:90 mixture of bleach: water), Clorox Cleanup (registered trademark) or Lysol (registered trademark), a scrub brush, metal scraper, or boot brush; and plastic gloves. • Disinfect tools used in tree removal and pruning with Lysol spray, a 70% or greater solution of alcohol or a Clorox solution (1 part Clorox: 9 parts water, or Clorox Clean- up). If equipment such as a chain saw cannot be treated with disinfectants, consider running it through a non-host plant before leaving the infested site to break fee any lodged material. • Sanitize shoes, pruning gear, and other equipment before working in the project area. • Before leaving a SOD disease infected site, use all reasonable methods to sanitize gear and equipment. Scrape, brush, and/or hose off accumulated soil and mud from clothing, gloves, boots, and shoes. Remove mud, earth and plant debris by blowing out or power washing trucks and other equipment and vehicles. If complete on-site sanitation is not possible, finish decontaminating at a local power was facility or an isolated area in an equipment yard. • Additional information on Sudden Oak Death may be obtained by visiting http://suddenoakdeath.cnr.berkeley.edu/html/treatment___management.html. 9. HYDROLOGY AND FLOODING Much of the land along Stevens Creek including Blackberry Farm Park, McClellan Ranch Park, and some or all of the proposed work site, falls within a known flood plain and is subject to flooding during storm and high water events. Flooding can occur swiftly and with no advance notice. Upstream of the project site, the Santa Clara Valley Water District (SCVWD) operates the Stevens Creek Reservoir and Dam. SCVWD may choose to implement releases of water from the reservoir without notice that may exacerbate high water or flood conditions in the Stevens Creek Corridor. Flooding can inundate portions of the work site within the flood plain at any time during the rainy season. Furthermore, such flood waters can bring aquatic wildlife, including federally-threatened steelhead, into the work site. Steelhead are federally protected and any harm to them or to their habitat can result in severe penalties. Because of these circumstances, the Contractor must be prepared to completely clear the work site and to completely remove all equipment, tools, materials and other property from the work site if flooding conditions may occur. A special effort must be made to remove first any items that could harm water quality or harm wildlife should they come into contact with creek waters. Contractor must be prepared to implement such a clearing effort immediately, 24 hours per day, 7 days per week throughout the flood season (October 15 to April 30). It will be the Contractor’s responsibility to keep himself or herself apprised of weather and storm conditions during this time that could lead to a high water event. The Contractor’s attention is directed to the SCVWD website which contain information about reservoirs’ status at http://alert.valleywater.org/gageresv-cross.html., and information about stream guaging stations including an upstream Stevens Creek stream guage, Alert ID #1482 at http://alert.valleywater.org/gagestrm.html. The data are guaranteed as accurate but provide reference information that can be useful. McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 99 10. SCHEDULE AND COMPENSATION Full compensation for work involved in complying with the requirements of this Section will be considered as included in the contract prices paid for the various items of work involved and no additional time or compensation will be allowed therefor. If Contractor’s work progress is delayed due to compliance with the requirements of this Section, it will be cause for a time extension if the delay affects the controlling item of work, per the General Conditions. END OF SPECIAL ENVIRONMENTAL CONDITIONS McClellan Ranch West Parking Lot Improvement INSTRUCTIONS TO BIDDERS Project No. 2017-05 Page 3 Instructions to Bidders Each Bid Proposal submitted to the City of Cupertino (“City”) for its McClellan Ranch West Parking Lot Improvement Project (“Project”) must be submitted in accordance with the following instructions and requirements: 1. Bid Submission. 1.1 General. The Contract for the Project will be awarded, if at all, to the lowest responsible bidder, as determined by City. Each Bid Proposal must be signed, sealed and submitted to City, using the form provided in the Contract Documents, by or before the date and time set forth in the Notice Inviting Bids, or as amended by subsequent addendum. Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will be returned unopened. City reserves the right to postpone the date and 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 Bid Envelope. The envelope containing the sealed Bid Proposal and all required forms and attachments must be clearly labeled and addressed as follows: BID PROPOSAL: McClellan Ranch West Parking Lot Improvement Project No. 2017-05 City Clerk’s Office Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 Attn: Grace Schmidt, City Clerk The envelope must also be clearly labeled, as follows, with the bidder’s name, address for bidding on public works contracts (Labor Code sections 1725.5 and 1771.1): [Contractor company name] [street address] [city, state, zip code] 1.3 DIR Registration. City will not accept a Bid Proposal from or enter into the Contract with a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code section 1725.5, subject to limited legal exceptions. If City is unable to confirm that the bidder’s DIR registration is current at the time of bidding, City must disqualify the bidder and return its bid. (Labor Code section 1725.5.) 2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed in ink using the Bid Proposal form included in the Contract Documents. The Bid Proposal form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible, and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,” “will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by bid security, as set forth in Section 4 below, and by a completed Bid Schedule, Subcontractor McClellan Ranch West Parking Lot Improvement INSTRUCTIONS TO BIDDERS Project No. 2017-05 Page 4 List, and Non-Collusion Declaration using the forms included in the Project manual as directed. 3. Authorization and Execution. Each Bid Proposal must be signed by the bidder’s authorized representative. A Bid Proposal submitted by a partnership must be signed in the partnership name by a general partner with authority to bind the partnership. A Bid Proposal submitted by a corporation must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid Proposal, under California Corporation Code section 313. 4. Bid Security. Each Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s check, certified check, 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, made payable to City. The bid security must guarantee that, within ten days after issuance of the Notice of 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 Award. 5. Bid Schedule. Each bidder must complete the Bid Schedule form with unit prices as indicated, and submit the completed Bid Schedule with its Bid Proposal. 5.1 Incorrect Totals. In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount (as the product of the estimated quantity and the unit cost), unless the cumulative amount of correction changes the total amount of the base bid or bid alternate. 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 section 5100 et seq. 5.2 Estimated Quantities. The quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price. 6. Subcontractor Work Limits. The prime contractor must perform at least the percentage of the Work on the Project specified in the Notice Inviting Bids, which is calculated as a percentage of the base bid price, with its own forces, except for any Work identified as “Specialty Work” in the Bid Schedule. 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 percentage the contractor must self-performance. The remaining Work may be performed by qualified Subcontractor(s). McClellan Ranch West Parking Lot Improvement INSTRUCTIONS TO BIDDERS Project No. 2017-05 Page 5 7. Bidder’s Questionnaire. A completed, signed Bidder’s Questionnaire using the form provided with the Contract Documents and including all required attachments must be submitted within 2 working days following a request by City. A bid submitted by a bidder that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non- responsible. 8. Pre-Bid Investigation 8.1 General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documents and documents provided “For Reference Only,” which may include geotechnical reports, as-built or record drawings, utility diagrams, or other such information. Each bidder is also responsible for appropriate examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid Proposal. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to the public at large, bidders may not enter City’s property or the Project site without prior written authorization from City, and subject to the site investigation requirements set forth below. Bidders are responsible for reporting any errors or omissions in the Contract Documents to City prior to submitting a Bid Proposal, subject to the limitations of Public Contract Code section 1104. 8.2 Project Site. Soil and soil test data, water table elevations, and soil analyses for test holes, if any, may be available for inspection at the City’s offices or as otherwise specified in the Contract Documents. Any subsurface exploration at the Project site must be done at the bidder’s expense, but only with prior written authorization from City, and as further specified below in subsection 8.4. All soil data and analyses available for inspection or provided in the Contract Documents or in documents provided “For Reference Only,” 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. City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City. City does not warrant the accuracy of any representation of visible, above-ground conditions that may be independently investigated and verified by the bidder. The City disclaims responsibility for the accuracy of information regarding subsurface conditions that has been provided to City by others, such as utility owners. 8.3 Utilities. The Project must be completed in a manner that satisfies the standards and requirements of the affected utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the 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 utility owners about their requirements before submitting a Bid Proposal. 8.4 Site Investigation Requirements. Potential bidders will be required to execute an agreement to indemnify City and hold it harmless against any liability arising from site McClellan Ranch West Parking Lot Improvement INSTRUCTIONS TO BIDDERS Project No. 2017-05 Page 6 investigation, testing or inspection using City’s form Indemnity Agreement (Site Inspection) included with the Project Forms provided with the Contract Documents. The prospective bidder must ensure that any such site investigation is conducted in a manner to avoid endangering persons or damaging property, and must promptly and fully restore the site to its pre-investigation condition, including filling in holes and cleaning up. City reserves the right to impose additional conditions to site access or investigation in order to protect persons or property, including, but not limited to limitations on machinery used during the site investigation. 9. 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, and may also submit a Bid Proposal as a prime contractor. 10. 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: Alex Acenas, Public Works Project Manager, at AlexA@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. 11. Addenda and Plan Holder’s List. Any addenda issued prior to the bid opening are part of the Contract Documents. Subject to the limitations of Public Contract Code section 4104.5, City reserves the right to issue addenda prior to bid time. Addenda will be posted electronically on the City’s website at: https://apps.cupertino.org/bidmanagement/Index.aspx Notifications will also be transmitted to known plan holders. Contractors have the option to be included on the plan holders list when downloading the project documents from the City’s website only. Each bidder is responsible for ensuring it has received and reviewed all addenda prior to submitting its bid. All bidders, including bidders on the plan holder’s list, should regularly check City’s website for any addenda or updates on the Project. 12. Pre-Bid Substitution Requests. Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. A pre-bid request for substitution must be submitted no later than ten working days before the scheduled bid opening, using the City’s Substitution Request Form. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution, and all such requests are subject to the requirements and limitations applicable to substitution requests under Section 7.7 of the General Conditions, on Substitutions. These substitution provisions do not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code section 3400(c). 13. Withdrawal of Bid Proposals. A Bid Proposal may not be withdrawn for a period of 90 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code section 5100 et seq. 14. Bid Protest. Any bid protest must be in writing and received by City at 10300 Torre Ave., Cupertino, CA 95014 or via email at AlexA@cupertino.org before 5:00 p.m. no later than two Working Days following bid opening (the “Bid Protest Deadline”) and must comply with the following requirements: McClellan Ranch West Parking Lot Improvement INSTRUCTIONS TO BIDDERS Project No. 2017-05 Page 7 14.1 Eligibility. Only a bidder who has actually submitted a responsive Bid Proposal, as determined by City, 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, 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 section 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. 14.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and 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 representing the protesting bidder. 14.3 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. 14.4 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 W orking Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include 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 representing the protested bidder if different from the protested bidder. 14.5 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. 14.6 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. 14.7 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 W ork notwithstanding any pending or continuing challenge to its determination. 15. Reservation of Rights. To the full extent permitted by law, City reserves the right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities, to accept or reject any and all bids, or to abandon the Project entirely. The Contract will be awarded, if at all, within 90 days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid. Any date given for planned commencement of the Project given in Section 2.2 of the Notice McClellan Ranch West Parking Lot Improvement INSTRUCTIONS TO BIDDERS Project No. 2017-05 Page 8 Inviting Bids is provided as informative of 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 commencement date, and reserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. 16. Bonds. The successful bidder is required to submit payment and performance bonds as specified in the Contract Documents using the bond forms included in the Contract Documents, within ten days following City’s issuance of the Notice of Award. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable. 17. 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 and must also obtain a City Business License before beginning Work on the Project, unless its sole business contact within the City is the sale of goods or services to the City itself. 18. Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public works project under Labor Code sections 1777.1 or 1777.7 is prohibited from performing work on the Project. 19. 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 section 6707. 20. Additive and Deductive Alternates. As required by Public Contract Code section 20103.8, if this bid solicitation includes additive or deductive items, the method described below 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. 20.1 The lowest bid will be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items. END OF INSTRUCTIONS TO BIDDERS Project No. 2017-05 City of Cupertino Notice to Proceed McClellan Ranch West Parking Lot Improvement PUBLIC WORKS DEPARTMENT Timm Borden, Director CITY HALL 10300 TORRE AVENUE ~ CUPERTINO, CA 95014-3266 (408) 777-3354 ~ FAX (408) 777-3333 NOTICE TO PROCEED Sent via: lee@galebpaving.com January 4th 2019 To: Galeb Paving Inc. 12340 Saratoga-Sunnyvale Road Saratoga, CA 95070 CONTRACT FOR: McClellan Ranch West Parking Lot Improvement You are notified that the Contract Time under the above Contract will commence to run from January 22, 2019. On that date, you are to start performing your obligations with respect to Work at the Site under the Contract Documents. In accordance with Article 5 of the Contract, the date of Completion for the entire Work is on or before April 21th 2019. Before you may start any Work at the Site, you must: 1. Provide work area perimeter stakes & install Environmentally Sensitive Area (ESA) fencing, 10 days prior to Jan 15th. isolating the work from the riparian corridor. Pre-work, allowing time to survey, inspect and monitored for endangered species as required by California Department of Fish and Wildlife (CDFW)’s Streambed Alteration Agreement. 2. Submit certified Safety Program and related information, and comply with all requests of the City’s safety officer. 3. Submit copies of staging plan. 4. Submit approved traffic control plan. 5. Submit 24-hour contact information and list of key project personnel. Project No. 2017-05 City of Cupertino Notice to Proceed McClellan Ranch West Parking Lot Improvement CITY OF CUPERTINO, a Municipal Corporation of the State of California By: _________________________________________ Its: _________________________________________ Acknowledgment of Notice to Proceed On behalf of Galeb Paving Inc, I acknowledge receipt of the Notice to Proceed for the McClellan Ranch West Parking Lot Improvement Project: s/____________________________________ Name: ________________________________ Title: _________________________________ Date: _________________________________ PUBLIC WORKS DEPARTMENT 10300 TORRE AVENUE CUPERTINO, CALIFORNIA 95014 PROJECT MANUAL FOR THE McCLELLAN RANCH WEST PARKING LOT IMPROVEMENT Bid Date: October 2, 2018 Project Number: 2017-05 PROJECT MANUAL FOR McClellan Ranch West Parking Lot Improvement PROJECT NO. 2017-05 REVIEWED BY: _________________________ Michael Zimmermann Capital Improvements Program Manager APPROVED BY: _________________________ Timm Borden Director of Public Works PROJECT DIRECTORY Project Name: McClellan Ranch West Parking Lot Improvement Project Number: 2017-05 Location: 22241 McClellan Rd., Cupertino, CA 95014 City Representative: City of Cupertino Alex Acenas, Public Works Project Manager Public Works Department 10300 Torre Avenue Cupertino, CA 95014 PH: 408-777-3354 FX: 408-777-3333 E-mail: AlexA@cupertino.org Address for Stop Notices: City of Cupertino Alex Acenas, Public Works Project Manager Public Works Department 10300 Torre Avenue Cupertino, CA 95014 PH: 408-777-3354 FX: 408-777-3333 E-mail: AlexA@cupertino.org Landscape Architect of Record: SSA Landscape Architects Scott Reeves, Landscape Architect 303 Potrero Street, Suite 40C Santa Cruz, CA 95060 PH: 831-459-0455 E-mail: scott@ssala.com Civil Engineer of Record: Underwood and Rosenblum, Inc. Frank Rosenblum, PE 1630 Oakland Rd., Suite A114 San Jose, CA 95131 PH: 408-453-1222 E-mail: frank@uandr.com i T ABLE OF CONTENTS Notice Inviting Bids .......................................................................................................................... 1 Instructions to Bidders ..................................................................................................................... 3 Bid Proposal .................................................................................................................................... 9 Bid Schedule .................................................................................................................................. 11 Subcontractor List .......................................................................................................................... 13 Noncollusion Declaration ............................................................................................................... 14 Bid Bond ........................................................................................................................................ 15 Bidder’s Questionnaire .................................................................................................................. 17 Contract ......................................................................................................................................... 22 Payment Bond ............................................................................................................................... 26 Performance Bond ......................................................................................................................... 28 General Conditions ........................................................................................................................ 30 Article 1 – Definitions ..................................................................................................................... 30 Definitions .................................................................................................................................. 30 Article 2 - Roles and Responsibilities ............................................................................................ 33 2.1 City ................................................................................................................................ 33 2.2 Contractor ...................................................................................................................... 33 2.3 Subcontractors .............................................................................................................. 35 2.4 Coordination of Work ..................................................................................................... 36 2.5 Submittals ...................................................................................................................... 36 2.6 Shop Drawings .............................................................................................................. 37 Article 3 - Contract Documents ...................................................................................................... 37 3.1 Interpretation of Contract Documents ........................................................................... 37 3.2 Order of Precedence ..................................................................................................... 38 3.3 Caltrans Standard Specifications .................................................................................. 38 3.4 For Reference Only ....................................................................................................... 39 3.5 Current Versions ........................................................................................................... 39 3.6 Conformed Copies. ....................................................................................................... 39 Article 4 - Bonds, Indemnity, and Insurance .................................................................................. 39 4.1 Payment and Performance Bonds ................................................................................ 39 4.2 Indemnity ....................................................................................................................... 40 4.3 Insurance ....................................................................................................................... 40 Article 5 - Contract Time ................................................................................................................ 43 5.1 Time is of the Essence .................................................................................................. 43 5.2 Schedule Requirements ................................................................................................ 44 5.3 Delay and Extensions of Contract Time ........................................................................ 45 5.4 Liquidated Damages ..................................................................................................... 48 Article 6 - Contract Modification ..................................................................................................... 49 6.1 Contract Modification and Changes in Work ................................................................. 49 6.2 Contractor Change Order Requests ............................................................................. 50 6.3 Adjustments to Contract Price ....................................................................................... 51 6.4 Unilateral Change Order ............................................................................................... 51 6.5 Non-Compliance Deemed Waiver ................................................................................. 51 Article 7 - General Construction Provisions ................................................................................... 52 7.1 Permits and Taxes ........................................................................................................ 52 7.2 Temporary Facilities ...................................................................................................... 52 7.3 Noninterference and Additional Work Areas ................................................................. 52 7.4 Signs .............................................................................................................................. 53 7.5 Worksite and Nearby Property Protections. ................................................................. 53 7.6 Materials and Equipment............................................................................................... 54 7.7 Substitutions .................................................................................................................. 55 ii 7.8 Inspection and Testing .................................................................................................. 56 7.9 Worksite Conditions and Maintenance .......................................................................... 57 7.10 Instructions and Manuals .............................................................................................. 59 7.11 As-built Drawings .......................................................................................................... 59 7.12 Existing Utilities ............................................................................................................. 59 7.13 Notice of Excavation ...................................................................................................... 59 7.14 Trenching and Excavations of Four Feet or More ......................................................... 60 7.15 Trenching of Five Feet or More ..................................................................................... 60 7.16 New Utility Connections ................................................................................................ 60 7.17 Lines and Grades. ......................................................................................................... 61 7.18 Historic or Archeological Items ...................................................................................... 61 7.19 Recycling and Waste Disposal. ..................................................................................... 61 7.20 Storm Water Pollution Control ....................................................................................... 62 7.21 Traffic Control and Public Safety ................................................................................... 71 7.22 Noise Control. ................................................................................................................ 72 7.23 Fire Protection Plan. ...................................................................................................... 72 Article 8 - Payment ........................................................................................................................ 72 8.1 Schedule of Values ....................................................................................................... 72 8.2 Progress Payments ....................................................................................................... 73 8.3 Adjustment of Payment Application .............................................................................. 73 8.4 Early Occupancy. .......................................................................................................... 74 8.5 Retention ....................................................................................................................... 74 8.6 Setoff ............................................................................................................................. 74 8.7 Payment to Subcontractors and Suppliers .................................................................... 74 8.8 Final Payment ............................................................................................................... 75 8.9 Release of Claims ......................................................................................................... 75 8.10 Warranty of Title ............................................................................................................ 75 Article 9 - Labor Provisions ............................................................................................................ 75 9.1 Discrimination Prohibited............................................................................................... 75 9.2 Labor Code Requirements ............................................................................................ 75 9.3 Prevailing Wages .......................................................................................................... 76 9.4 Payroll Records ............................................................................................................. 76 9.5 Labor Compliance ......................................................................................................... 77 Article 10 - Safety Provisions ......................................................................................................... 77 10.1 Safety Precautions and Programs ................................................................................ 77 10.2 Hazardous Materials ..................................................................................................... 77 10.3 Material Safety .............................................................................................................. 77 10.4 Hazardous Condition ..................................................................................................... 78 Article 11 - Completion and Warranty Provisions .......................................................................... 78 11.1 Final Completion ........................................................................................................... 78 11.2 Warranty ........................................................................................................................ 79 11.3 Use Prior to Final Completion ....................................................................................... 80 11.4 Substantial Completion ................................................................................................. 80 Article 12 - Dispute Resolution ...................................................................................................... 80 12.1 Claims............................................................................................................................ 80 12.2 Claims Submission ........................................................................................................ 81 12.3 City’s Response ............................................................................................................ 82 12.4 Meet and Confer ............................................................................................................ 82 12.5 Mediation and Government Code Claims ..................................................................... 83 12.6 Tort Claims .................................................................................................................... 83 12.7 Arbitration ...................................................................................................................... 83 12.8 Damages ....................................................................................................................... 83 12.9 Other Disputes .............................................................................................................. 84 Article 13 - Suspension and Termination ...................................................................................... 84 13.1 Suspension for Cause ................................................................................................... 84 13.2 Suspension for Convenience ........................................................................................ 84 iii 13.3 Termination for Default .................................................................................................. 84 13.4 Termination for Convenience ........................................................................................ 85 13.5 Effect of Any Contract Termination ............................................................................... 85 Article 14 - Miscellaneous Provisions ............................................................................................ 85 14.1 Assignment of Unfair Business Practice Claims ........................................................... 85 14.2 Provisions Deemed Inserted ......................................................................................... 86 14.3 Waiver ........................................................................................................................... 86 14.4 Titles, Headings, and Groupings ................................................................................... 86 14.5 Statutory and Regulatory References ........................................................................... 86 Special Conditions ......................................................................................................................... 87 Special Environmental Conditions ................................................................................................. 90 Project Forms .............................................................................................................................. 100 Substitution Request Form .......................................................................................................... 101 Indemnity Agreement .................................................................................................................. 103 Release of Claims........................................................................................................................ 105 Appendix A - City of Cupertino Truck Traffic Restrictions Appendix B – Draft Mitigated Negative Declaration Technical Specifications McClellan Ranch West Parking Lot Improvement INSTRUCTIONS TO BIDDERS Project No. 2017-05 Page 3 Instructions to Bidders Each Bid Proposal submitted to the City of Cupertino (“City”) for its McClellan Ranch West Parking Lot Improvement Project (“Project”) must be submitted in accordance with the following instructions and requirements: 1. Bid Submission. 1.1 General. The Contract for the Project will be awarded, if at all, to the lowest responsible bidder, as determined by City. Each Bid Proposal must be signed, sealed and submitted to City, using the form provided in the Contract Documents, by or before the date and time set forth in the Notice Inviting Bids, or as amended by subsequent addendum. Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will be returned unopened. City reserves the right to postpone the date and 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 Bid Envelope. The envelope containing the sealed Bid Proposal and all required forms and attachments must be clearly labeled and addressed as follows: BID PROPOSAL: McClellan Ranch West Parking Lot Improvement Project No. 2017-05 City Clerk’s Office Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 Attn: Grace Schmidt, City Clerk The envelope must also be clearly labeled, as follows, with the bidder’s name, address for bidding on public works contracts (Labor Code sections 1725.5 and 1771.1): [Contractor company name] [street address] [city, state, zip code] 1.3 DIR Registration. City will not accept a Bid Proposal from or enter into the Contract with a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code section 1725.5, subject to limited legal exceptions. If City is unable to confirm that the bidder’s DIR registration is current at the time of bidding, City must disqualify the bidder and return its bid. (Labor Code section 1725.5.) 2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed in ink using the Bid Proposal form included in the Contract Documents. The Bid Proposal form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible, and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,” “will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by bid security, as set forth in Section 4 below, and by a completed Bid Schedule, Subcontractor McClellan Ranch West Parking Lot Improvement INSTRUCTIONS TO BIDDERS Project No. 2017-05 Page 4 List, and Non-Collusion Declaration using the forms included in the Project manual as directed. 3. Authorization and Execution. Each Bid Proposal must be signed by the bidder’s authorized representative. A Bid Proposal submitted by a partnership must be signed in the partnership name by a general partner with authority to bind the partnership. A Bid Proposal submitted by a corporation must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid Proposal, under California Corporation Code section 313. 4. Bid Security. Each Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s check, certified check, 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, made payable to City. The bid security must guarantee that, within ten days after issuance of the Notice of 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 Award. 5. Bid Schedule. Each bidder must complete the Bid Schedule form with unit prices as indicated, and submit the completed Bid Schedule with its Bid Proposal. 5.1 Incorrect Totals. In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount (as the product of the estimated quantity and the unit cost), unless the cumulative amount of correction changes the total amount of the base bid or bid alternate. 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 section 5100 et seq. 5.2 Estimated Quantities. The quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price. 6. Subcontractor Work Limits. The prime contractor must perform at least the percentage of the Work on the Project specified in the Notice Inviting Bids, which is calculated as a percentage of the base bid price, with its own forces, except for any Work identified as “Specialty Work” in the Bid Schedule. 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 percentage the contractor must self-performance. The remaining Work may be performed by qualified Subcontractor(s). McClellan Ranch West Parking Lot Improvement INSTRUCTIONS TO BIDDERS Project No. 2017-05 Page 5 7. Bidder’s Questionnaire. A completed, signed Bidder’s Questionnaire using the form provided with the Contract Documents and including all required attachments must be submitted within 2 working days following a request by City. A bid submitted by a bidder that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non- responsible. 8. Pre-Bid Investigation 8.1 General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documents and documents provided “For Reference Only,” which may include geotechnical reports, as-built or record drawings, utility diagrams, or other such information. Each bidder is also responsible for appropriate examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid Proposal. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to the public at large, bidders may not enter City’s property or the Project site without prior written authorization from City, and subject to the site investigation requirements set forth below. Bidders are responsible for reporting any errors or omissions in the Contract Documents to City prior to submitting a Bid Proposal, subject to the limitations of Public Contract Code section 1104. 8.2 Project Site. Soil and soil test data, water table elevations, and soil analyses for test holes, if any, may be available for inspection at the City’s offices or as otherwise specified in the Contract Documents. Any subsurface exploration at the Project site must be done at the bidder’s expense, but only with prior written authorization from City, and as further specified below in subsection 8.4. All soil data and analyses available for inspection or provided in the Contract Documents or in documents provided “For Reference Only,” 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. City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City. City does not warrant the accuracy of any representation of visible, above-ground conditions that may be independently investigated and verified by the bidder. The City disclaims responsibility for the accuracy of information regarding subsurface conditions that has been provided to City by others, such as utility owners. 8.3 Utilities. The Project must be completed in a manner that satisfies the standards and requirements of the affected utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the 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 utility owners about their requirements before submitting a Bid Proposal. 8.4 Site Investigation Requirements. Potential bidders will be required to execute an agreement to indemnify City and hold it harmless against any liability arising from site McClellan Ranch West Parking Lot Improvement INSTRUCTIONS TO BIDDERS Project No. 2017-05 Page 6 investigation, testing or inspection using City’s form Indemnity Agreement (Site Inspection) included with the Project Forms provided with the Contract Documents. The prospective bidder must ensure that any such site investigation is conducted in a manner to avoid endangering persons or damaging property, and must promptly and fully restore the site to its pre-investigation condition, including filling in holes and cleaning up. City reserves the right to impose additional conditions to site access or investigation in order to protect persons or property, including, but not limited to limitations on machinery used during the site investigation. 9. 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, and may also submit a Bid Proposal as a prime contractor. 10. 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: Alex Acenas, Public Works Project Manager, at AlexA@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. 11. Addenda and Plan Holder’s List. Any addenda issued prior to the bid opening are part of the Contract Documents. Subject to the limitations of Public Contract Code section 4104.5, City reserves the right to issue addenda prior to bid time. Addenda will be posted electronically on the City’s website at: https://apps.cupertino.org/bidmanagement/Index.aspx Notifications will also be transmitted to known plan holders. Contractors have the option to be included on the plan holders list when downloading the project documents from the City’s website only. Each bidder is responsible for ensuring it has received and reviewed all addenda prior to submitting its bid. All bidders, including bidders on the plan holder’s list, should regularly check City’s website for any addenda or updates on the Project. 12. Pre-Bid Substitution Requests. Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. A pre-bid request for substitution must be submitted no later than ten working days before the scheduled bid opening, using the City’s Substitution Request Form. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution, and all such requests are subject to the requirements and limitations applicable to substitution requests under Section 7.7 of the General Conditions, on Substitutions. These substitution provisions do not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code section 3400(c). 13. Withdrawal of Bid Proposals. A Bid Proposal may not be withdrawn for a period of 90 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code section 5100 et seq. 14. Bid Protest. Any bid protest must be in writing and received by City at 10300 Torre Ave., Cupertino, CA 95014 or via email at AlexA@cupertino.org before 5:00 p.m. no later than two Working Days following bid opening (the “Bid Protest Deadline”) and must comply with the following requirements: McClellan Ranch West Parking Lot Improvement INSTRUCTIONS TO BIDDERS Project No. 2017-05 Page 7 14.1 Eligibility. Only a bidder who has actually submitted a responsive Bid Proposal, as determined by City, 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, 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 section 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. 14.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and 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 representing the protesting bidder. 14.3 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. 14.4 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 W orking Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include 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 representing the protested bidder if different from the protested bidder. 14.5 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. 14.6 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. 14.7 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 W ork notwithstanding any pending or continuing challenge to its determination. 15. Reservation of Rights. To the full extent permitted by law, City reserves the right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities, to accept or reject any and all bids, or to abandon the Project entirely. The Contract will be awarded, if at all, within 90 days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid. Any date given for planned commencement of the Project given in Section 2.2 of the Notice McClellan Ranch West Parking Lot Improvement INSTRUCTIONS TO BIDDERS Project No. 2017-05 Page 8 Inviting Bids is provided as informative of 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 commencement date, and reserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. 16. Bonds. The successful bidder is required to submit payment and performance bonds as specified in the Contract Documents using the bond forms included in the Contract Documents, within ten days following City’s issuance of the Notice of Award. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable. 17. 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 and must also obtain a City Business License before beginning Work on the Project, unless its sole business contact within the City is the sale of goods or services to the City itself. 18. Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public works project under Labor Code sections 1777.1 or 1777.7 is prohibited from performing work on the Project. 19. 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 section 6707. 20. Additive and Deductive Alternates. As required by Public Contract Code section 20103.8, if this bid solicitation includes additive or deductive items, the method described below 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. 20.1 The lowest bid will be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items. END OF INSTRUCTIONS TO BIDDERS Bidder’s Name: ___________________________ McClellan Ranch West Parking Lot Improvement BID PROPOSAL Project No. 2017-05 Page 9 Bid Proposal McClellan Ranch West Parking Lot Improvement <______________________________________________________> (“Bidder”) hereby submits this Bid Proposal to the City of Cupertino (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced therein. 1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead for the following price (“Base Bid”): $ _______________________________________________________. 2. Bid Alternates. Bidder submits the following prices for the specified bid alternates: Bid Alternate #1: _______________________________________________ Add: $_____________________ 3. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder specifically acknowledges receipt of the following addenda: Addendum: Date Received: Addendum: Date Received: #01 _____________ #05 _____________ #02 _____________ #06 _____________ #03 _____________ #07 _____________ #04 _____________ #08 _____________ 4. Bidder’s Warranties. By signing and submitting this Bid Proposal, Bidder warrants the following: 4.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code section 1104. 4.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location. 4.3 Bidder is Qualified. Bidder is fully qualified to perform the Work. 4.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid. 5. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded the Contract for the Project, within ten days following issuance of the Notice of Award to Bidder, Bidder will do all of the following: 5.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents; Bidder’s Name: ___________________________ McClellan Ranch West Parking Lot Improvement BID PROPOSAL Project No. 2017-05 Page 10 5.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; and 5.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents. 6. Bid Security. As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms (check one): ____ A cashier’s check or certified check payable to City and issued by _______________________________ [Bank name] in the amount of $____________________________. ____ A bid bond, using the Bid Bond form included with the Contract Documents, payable to City and executed by a surety licensed to do business in the State of California. This Bid Proposal is hereby submitted on _________________________, 20__. __________________ Business Name _______________________________________ Date Signature Name/Title (If Corporation: Secretary, Assistant Secretary, Chief Financial Officer or Assistant _____________________________________ ______________________________________ License #, Expiration Date, and Classification DIR Registration # _____________________________________ ______________________________________ Address Phone _____________________________________ ______________________________________ City, State, Zip Contact Name/Title _____________________________________ ______________________________________ Contact Phone Contact Email END OF BID PROPOSAL Bidder’s Name: ___________________________ McClellan Ranch West Parking Lot Improvement BID SCHEDULE Project No. 2017-05 Page 11 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. LS = Lump Sum EA = Each LF = Linear Foot CF = Cubic Feet CY = Cubic Yard SY=Square Yard SF = Square Feet LB = Pounds TON = Ton (2000 lbs) AL = Allowance BASE BID: NO. ITEM DESCRIPTION QTY. UNIT UNIT PRICE ITEM COST 1 Temporary Tree Protection 1 LS $ 2 Chain Barrier on Wood Post 1 LS $ 3 Grape Stake Fence 155 LF $ 4 Split Rail Fence 28 LF $ 5 Vehicular Access Gate 1 LS $ 6 General Electrical Requirements 1 LS $ 7 Site Clearing 1 LS $ 8 Earth Moving 1 LS $ 9 Concrete Curb 306 LF $ 10 Truncated Dome 102 SF $ 11 Portland Cement Pervious Concrete Paving 12,336 SF $ 12 Stabilized Decomposed Granite Paving 847 SF $ 13 Pavement Markings 1 LS $ 14 Signage 1 LS $ 15 ADA Wheel Stops 1 LS $ 16 Parking Lot Permeable Base w/ Header board 1,860 SF $ 17 Hydroseed 17,114 SF $ 18 Log 17 EA $ 19 Log Wheel Stop 25 EA $ TOTAL BASE BID: Items 1 through 19 inclusive: $ Bidder’s Name: ___________________________ McClellan Ranch West Parking Lot Improvement BID SCHEDULE Project No. 2017-05 Page 12 BID ALTERNATE NO. 1: NO. ITEM DESCRIPTION QTY. UNIT UNIT PRICE ITEM COST 20 Irrigation 1 LS $ 21 15 Gal Tree 18 EA $ 22 5 Gal Tree 115 EA $ 23 1 Gal Tree 178 EA $ 24 Mulch 1 LS $ 25 Landscape Boulder 198 TON $ TOTAL BID ALTERNATE: Items 20 through 25 inclusive: $ Note: The amount entered as the “Total Base Bid” and “Total Bid Alternate” should be identical to the Base Bid and Bid Alternate amounts entered in Section 1 of the Bid Proposal form. BIDDER NAME: END OF BID SCHEDULE Bidder’s Name: ___________________________ McClellan Ranch West Parking Lot Improvement SUBCONTRACTOR LIST Project No. 2017-05 Page 13 Subcontractor List For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Contract Price,1 the bidder must list a description of the W ork, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. Bidder may not list more than one Subcontractor for each such portion of the Work listed by Bidder below. DESCRIPTION OF WORK NAME CONTRACTOR BUSINESS REG. NO. OF END OF SUBCONTRACTOR LIST 1 For street or highway construction this requirement applies to any subcontract of $10,000 or more. Bidder’s Name: ___________________________ McClellan Ranch West Parking Lot Improvement NONCOLLUSION DECLARATION Project No. 2017-05 Page 14 Noncollusion Declaration TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the __________________________ [title] of _____________________________________ [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code section 7106 and Title 23 U.S.C section 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________________________ [city], _______ [state]. s/________________________________________ __________________________________________ Name [print] END OF NONCOLLUSION DECLARATION McClellan Ranch West Parking Lot Improvement BID BOND Project No. 2017-05 Page 15 Bid Bond ________________________________________________________ (“Bidder”) has submitted a bid, dated ___________________________, 20______ (“Bid”), to City of Cupertino (“City”) for work on the McClellan Ranch West Parking Lot Improvement Project (“Project”). Under this duly executed bid bond (“Bid Bond”), Bidder as Principal and ______________________________, its surety (“Surety”), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the “Bond Sum”). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows: 1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid. 2. Submittals. Within ten days following issuance of the Notice of Award to Bidder, Bidder must submit to City the following: 2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents (“Contract Documents”); 2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents; 2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; and 2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents, and any other documents required under the Instructions to Bidders. 3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 4. Duration; Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for 90 days following award of the Contract or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code sections 2819 and 2845. [Signatures are on the following page.] McClellan Ranch West Parking Lot Improvement BID BOND Project No. 2017-05 Page 16 This Bid Bond is entered into and effective on ___________________, 20_____. SURETY: ________________________________________________________ Business name s/ _______________________________________________________________ ________________________________________________________________ Name/Title (Acknowledgement with Notary Seal for Surety, and Surety’s Power of Attorney-In-Fact Certificate must be attached.) BIDDER: ________________________________________________________ Business name s/ _______________________________________________________________ ________________________________________________________________ Name/Title END OF BID BOND McClellan Ranch West Parking Lot Improvement BIDDER’S QUESTIONNAIRE Project No. 2017-05 Page 17 Bidder’s Questionnaire McCLELLAN RANCH WEST PARKING LOT IMPROVEMENT Within 2 working days following a request by the City of Cupertino (“City”), a bidder must submit to City a completed, signed Bidder’s Questionnaire using this form and including all required attachments. City may request the Questionnaire from one or more of the apparent low bidders following the bid opening, and may use the completed Questionnaire to evaluate a bidder’s qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid. Part 1: General Information Bidder’s Full Legal (Business) Name: _______________________________________________ (“Bidder”) Check One: ___ Corporation ___ Partnership ___ Sole Proprietorship ___ Joint Venture of: __________________________________ * ___ Other: ___________________________________________ Address: _________________________________________________________ ________________________________________________________________ Phone: __________________________________________________________ Owner of Business: ________________________________________________ Contact Person: ___________________________________________________ Email: ___________________________________________________________ Bidder’s California Contractor’s License Number(s): _______________________ Bidder’s Federal I.D. Number: ________________________________________ * If Bidder is a joint venture identify each member and the role of each member of the joint venture, and provide a completed Bidder’s Questionnaire for each member of the joint venture. Part 2: Bidder Experience 1. How many years has Bidder been in business under its present business name? ____ years 2. Has Bidder completed projects similar in type and size to this Project as a general contractor? _____ Yes _____ No 3. Has Bidder ever been disqualified on grounds that it is not responsible? _____ Yes _____ No If yes, provide additional information on a separate sheet of paper regarding the disqualification, including the name and address of the agency or owner of the subject project, the type and size McClellan Ranch West Parking Lot Improvement BIDDER’S QUESTIONNAIRE Project No. 2017-05 Page 18 of the project, the reasons that Bidder was disqualified as not responsible, and the month and year in which the disqualification occurred. 4. Has Bidder ever been terminated from a construction project, either as a general contractor or as a subcontractor? _____ Yes _____ No If yes, provide additional information on a separate sheet of paper regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred. 5. Has Bidder’s contractor’s license(s) ever been revoked? _____ Yes _____ No If yes, provide additional information on a separate sheet of paper regarding each revocation, including the license classification and license number, the reason(s) the license was revoked, the date of revocation, and the date of reinstatement. 6. Has Bidder ever been fined or disbarred for failure to comply with state or federal prevailing wage requirements? _____ Yes _____ No If yes, provide additional information on a separate sheet of paper regarding each fine or disbarment, including the reason(s) for the fine or disbarment, the agency that imposed the fine or disbarment, the date(s) of the fine or disbarment, and identify the project and project owner for which the Bidder was determined to be non-compliant with prevailing wage requirements. 7. Has Bidder ever been subject to civil or criminal penalties or other adverse action for violation(s) of health, safety or environmental laws or regulations? _____ Yes _____ No If yes, provide additional information on a separate sheet of paper regarding each such violation, including the reason(s) for the determination against Bidder, the agency that determined Bidder to be in violation, the nature and date(s) of such penalty or other adverse action, and identify the project and project owner for which the Bidder was determined to be in violation of health, safety or environmental laws or regulations. 8. Has Bidder ever been fined or convicted for unlawful labor practices, including, but not limited to, employment of undocumented workers? _____ Yes _____ No If yes, provide additional information on a separate sheet of paper regarding each such fine or conviction, including the nature and date(s) of the violation(s), the agency that determined Bidder to be in violation, and identify the project and project owner in relation to which the Bidder was fined or convicted of unlawful labor practices. 9. Provide information about Bidder’s past projects performed as general contractor as follows: 9.1 Six most recently completed public works projects within the last three years; 9.2 Three largest completed projects within the last three years; and 9.3 Any project which is similar to this Project including magnitude and character of the Work. McClellan Ranch West Parking Lot Improvement BIDDER’S QUESTIONNAIRE Project No. 2017-05 Page 19 10. Use separate sheets of paper to provide all of the following information for each project identified in response to the above three categories, under section 10: 10.1 Project name 10.2 Location 10.3 Owner 10.4 Owner contact (name and current phone number) 10.5 Architect or engineer name 10.6 Architect or engineer contact (name and current phone number) 10.7 Project manager (name and current phone number) 10.8 Description of project and scope of work performed by bidder, more particularly be specific as to what applies a similar character of work to this project 10.9 Initial contract value (at time of bid award) 10.10 Final cost of construction (including change orders) 10.11 Original scheduled completion date 10.12 Time extensions granted (number of days) 10.13 Actual date of completion 10.14 Number and amount of stop notices or mechanic’s liens filed 10.15 Amount of liquidated damages assessed against Bidder 10.16 Nature and resolution of any claim, lawsuit, and/or arbitration between Bidder and the owner. Part 3: Bonds and Insurance 1. Bidder’s current bonding capacity is: $__________. 2. Provide the following information regarding Bidder’s bond surety and bond agent: Surety’s Name: _______________________________________________ NAIC#: ______________________________________________________ Address: ____________________________________________________ Phone: _____________________ Surety’s A.M. Best Ratings for financial size and strength: _____________ Is surety an admitted surety in California? _____ Yes _____ No Bond agent name, address and phone: ____________________________________________________________ ____________________________________________________________ Percentage rate paid for payment, performance and warranty bonds: ___% McClellan Ranch West Parking Lot Improvement BIDDER’S QUESTIONNAIRE Project No. 2017-05 Page 20 3. Provide the following information regarding Bidder’s insurance policies and insurers: Commercial General Liability: Insurer name, address and phone: ________________________________________ ____________________________________________________________________ NAIC#: ______________________________________________________________ Insurer A.M. Best’s rating for financial size and financial strength: ________________ Policy number and expiration date: ________________________________________ Coverage limits: $____________ per occurrence, and $_____________ aggregate Automobile Liability: Insurer name, address and phone: ________________________________________ ____________________________________________________________________ NAIC#: ______________________________________________________________ Insurer A.M. Best’s rating for financial size and financial strength: ________________ Policy number and expiration date: ________________________________________ Coverage limits: $____________ per occurrence, and $_____________ aggregate Workers’ Compensation: Insurer name, address and phone: ________________________________________ ____________________________________________________________________ NAIC#: ______________________________________________________________ Insurer A.M. Best’s rating for financial size and financial strength: ________________ Policy number and expiration date: ________________________________________ Coverage limits: $____________ per occurrence, and $_____________ aggregate Excess or Umbrella Liability: Insurer name, address and phone: ________________________________________ ____________________________________________________________________ NAIC#: ______________________________________________________________ Insurer A.M. Best’s rating for financial size and financial strength: ________________ Policy number and expiration date: ________________________________________ Coverage limits: $____________ per occurrence, and $_____________ aggregate McClellan Ranch West Parking Lot Improvement BIDDER’S QUESTIONNAIRE Project No. 2017-05 Page 21 Part 4: Verification In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this Bidder’s Questionnaire on behalf of the named Bidder, and that all responses and information set forth in this Bidder’s Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. City is hereby authorized to obtain a credit report(s) or conduct additional investigation to verify the information provided above or additional information that City deems relevant to its determination of whether Bidder is a “responsible bidder,” as that term is defined in Public Contract Code section 1103. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: ______________________________ Date: ________________ By: _______________________________________________________________ Name and Title END OF BIDDER’S QUESTIONNAIRE McClellan Ranch West Parking Lot Improvement CONTRACT Project No. 2017-05 Page 22 Contract This public works contract (“Contract”) is entered into by and between the City of Cupertino (“City”), a municipal corporation, and ______________________________________ (“Contractor”), for work on the <______________________________________> Project (“Project”). The parties agree as follows: 1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal and accompanying Bid Schedule, a copy of which is attached for convenience as Exhibit A, to perform the Work to construct the Project. On _____________, 20___, 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 following: 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment Bond, Performance Bond and, if required, a Warranty Bond; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Drawings and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Award; 2.12 Notice to Proceed; 2.13 The following: No other documents 3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to 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 $___________________ (“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 90 calendar days from the date of the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion. 6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $ 1,500 per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. McClellan Ranch West Parking Lot Improvement CONTRACT Project No. 2017-05 Page 23 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. 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 under Labor Code section 1725.5, subject to limited legal exceptions. 8. Workers’ Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. No officer, official, employee, consultant, or other agent of the City (“City Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that term is defined under the Political Reform Act (Government Code section 81000, et seq., and regulations promulgated thereunder); or under Government Code section 1090, et seq.; or in violation of any City ordinance or policy while serving as a City Representative or for one year thereafter. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. McClellan Ranch West Parking Lot Improvement CONTRACT Project No. 2017-05 Page 24 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 (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows: City: Name: City of Cupertino Address: 10300 Torre Avenue City/State/Zip: Cupertino, CA 95014 Phone: (408) 777-3354 Email: AlexA@cupertino.org Copy to: PWinvoices@cupertino.org Contractor: Name:_____________________________________ Address:___________________________________ City/State/Zip:_______________________________ Phone:_____________________________________ Attn:_______________________________________ Email:______________________________________ Copy to:____________________________________ 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract except as expressly provided in the General Conditions or Special Conditions. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Santa Clara County, and no other place. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. [Signatures are on the following page.] McClellan Ranch West Parking Lot Improvement CONTRACT Project No. 2017-05 Page 25 The parties agree to this Contract as witnessed by the signatures below: CONTRACTOR ______________________________ CITY OF CUPERTINO A Municipal Corporation By By ___________________________ Name_______________________ Timm Borden Title Director of Public Works Date _______________________ Date________________________ By Name_______________________ Title ________________________ Date _______________________ APPROVED AS TO FORM: By ____________________________ Name__________________________ City Attorney Date___________________________ ATTEST: _____________________________ Grace Schmidt City Clerk Date____________________________ Contract Amount: _________________ P.O. No. ________________________ Account No. _____________________ END OF CONTRACT McClellan Ranch West Parking Lot Improvement PAYMENT BOND Project No. 2017-05 Page 26 Payment Bond The City of Cupertino (“City”) and ________________________ (“Contractor”) have entered into a contract, dated _________________, 20___ (“Contract”) for work on the <_________________________________________________> Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”). 1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, under California Civil Code sections 9550, et seq. 2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code section 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors, under California Unemployment Insurance Code section 13020, with respect to the work and labor, then Surety will pay the obligation. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Santa Clara County in which the Project is located, 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. McClellan Ranch West Parking Lot Improvement PAYMENT BOND Project No. 2017-05 Page 27 7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__. SURETY: _________________________________________________________________ Business Name s/ ________________________________________________ __________________________________________________ Name/Title (Acknowledgment with Surety’s Notary Seal and Surety’s Power of Attorney must be attached.) CONTRACTOR: ____________________________________________________________ Business Name s/ _______________________________________________ _________________________________________________ Name/Title s/ _______________________________________________ _________________________________________________ Name/Title END OF PAYMENT BOND McClellan Ranch West Parking Lot Improvement PERFORMANCE BOND Project No. 2017-05 Page 28 Performance Bond The City of Cupertino (“City”) and __________________________ (“Contractor”) have entered into a contract, dated _________________, 20____ (“Contract”) for work on the <_______________________________________________> 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 $__________________. By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond. 2. Surety’s Obligations. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, and Contractor has timely provided a warranty bond as required under the Contract. Surety’s obligations under this Bond will become null and void upon City’s acceptance of the Project, excluding any exceptions to acceptance, if any. Otherwise Surety’s obligation will remain in full force and effect until expiration of the one year warranty period under the Contract. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract Balance available to Surety for completion of the W ork under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or back charges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City that Contractor is in 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 W ork 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: McClellan Ranch West Parking Lot Improvement PERFORMANCE BOND Project No. 2017-05 Page 29 Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 8. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for Santa Clara County in which the Project is located, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___. SURETY: ________________________________________________________ Business Name s/ _______________________________________________________________ ________________________________________________________________ Name/Title [print] (Acknowledgment with Notary Seal for Surety and Surety’s Power of Attorney must be attached.) CONTRACTOR: ___________________________________________________ Business Name s/ _______________________________________________________________ ________________________________________________________________ Name/Title s/ _______________________________________________________________ ________________________________________________________________ Name/Title END OF PERFORMANCE BOND McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 30 General Conditions Article 1 – Definitions Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated. 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 City of Cupertino, 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. 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 Award and Notice to Proceed; the payment, performance and warranty bonds; the General Conditions; the Special Conditions; the Project Drawings and Specifications; any Change Orders; and any other documents expressly made part of the Contract Documents. Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as 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. Design Professional means the licensed individual(s) or firm(s) retained by City to provide architectural or engineering 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. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 31 DIR means the California Department of Industrial Relations. Drawings means the City-provided plans and graphical depictions of the Project requirements, and does not include Shop Drawings. Engineer means the City Engineer for the City of Cupertino and his or her authorized delegees. 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 warranty bond, 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 pursuant to the Contract Documents, including liquidated damages, up to 125% of the amount of any unreleased stop notice, amounts subject to setoff, up to 150% of any unresolved third-party claim for which Contractor is required to indemnify City, and up to 150% of any amount in dispute as authorized by Public Contract Code section 7107. Furnish means to purchase and deliver for the Project. Hazardous Materials means any substance or material identified now or in the future as hazardous under any federal, state, or local law or regulation, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirements 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 applicable codes, regulations, and permits. Install means to fix in place for materials, and to fix in place and connect for equipment. Plans has the same meaning as Drawings. Project means the public works project referenced in the Contract. Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer. Request for Information or RFI means Contractor’s written request for information submitted to City, in the manner and format specified by City, about the Contract Documents, the Work or the Project. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 32 Section as used in these General Conditions, means a numbered Section of the General Conditions, unless otherwise indicated by the context, e.g., statutory references. 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 Drawings and Specifications. Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and not by the Contractor. Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into this Project 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, suppliers, fabricators, and equipment lessors of all tiers, unless otherwise indicated by the context. Technical Specifications means 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 or furlough days when City staff is unavailable. If a holiday falls on a Saturday, the preceding Friday will be the holiday. If a holiday falls on a Sunday, the following Monday will be the holiday. 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. Independence Day, July 4; g. Labor Day, first Monday in September; h. Veterans’ Day, November 11; i. Thanksgiving Day, as designated by the President; j. The Day following Thanksgiving Day; k. Christmas Day, December 25; l. City Closure, December 24, 26, 27,28,29,30 and 31: and m. 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 or fabrication. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 33 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) 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 Contract Documents. The Design Professional’s interpretation of the Drawings or Specifications is final and conclusive. 2.2 Contractor. (A) General. Contractor must provide all labor, materials, supplies equipment and services and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economic and efficient manner in the best interests of City, and with minimal inconvenience to the public. (B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, 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 the 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. 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 34 comply may result in temporary suspension of the Work, at Contractor’s sole expense and with no extension of Contract Time, until the 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; Compliance. 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 all applicable laws, regulations, codes, standards, and permits, including City’s municipal code, rules, and regulations, and any orders of the administrative or judicial bodies with jurisdiction over the Work. (F) Meetings. Contractor, its superintendent, and its major Subcontractors and suppliers will be required to attend a Preconstruction Conference before beginning Work on the Project, and will also be required to attend regular progress meetings, as further specified below. City will notify Contractor in advance of the date, time, place and required attendees for the Preconstruction Conference and progress meetings and will provide and administer the agenda. Contractor is responsible for notifying its major Subcontractors and suppliers, and other required attendees, as applicable, of the date, time and place for the Preconstruction Conference and progress meetings; for providing them with the City’s agenda; and for requiring their attendance at these meetings. (1) Preconstruction Conference. The Preconstruction Conference agenda items may include schedules, personnel and vehicle permit procedures, use of the premises, locations for staging area(s) and jobsite trailers, security, housekeeping, submittal and RFI procedures, Project forms and procedures, inspection and testing procedures, utility shutdown procedures, control and reference point procedures, injury and illness prevention program, Contractor’s schedule of values, Contractor’s schedule of submittals, and such other matters that the City deems necessary to address before the Work begins. (2) Progress Meetings. During the course of the Project, progress meetings will be conducted on a weekly basis by the City and at Contractor’s on-site office, unless otherwise specified. Progress meeting agenda items may include review of past meeting minutes, review of Work in progress since previous progress meeting, schedule status and updates, status of submittals or change orders, worker safety, and other such matters pertaining to the progress of the Work. (G) 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. (H) 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 or equipment that do not conform to the requirements under the Drawings, 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. However, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Contractor. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 35 (I) Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos and electronic records. Project records subject to this provision include, but are not limited to, Project cost records and records relating to preparation of Contractor’s bid. (1) Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost. (2) Contractor must continue to maintain its Project records in an organized manner for a period of four years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, City is entitled to inspect or audit any of Contractor’s Project records relating to the Project or to investigate Contractor’s plant or equipment during Contractor’s normal business hours. (J) Copies of Contract Documents. Contractor and its Subcontractors must keep copies, at the Project site, of the Work-related documents, including the Contract, permit(s), Drawings, Specifications, Addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, and any related written interpretations. The Contract Documents, as-built drawings, and all Worksite copies must be available to City for reference at all times. 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 (B) Contractual Obligations. Contractor must require every Subcontractor to be bound to the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, and to likewise bind their subcontractors or suppliers. 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 City accepts 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 section 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 36 2.4 Coordination of Work. (A) Concurrent Work. City reserves the right to perform or to have performed other work on or adjacent to the Project site while the W ork is being performed. 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 and subcontractors. 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) Defects. 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 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. 2.5 Submittals. Unless otherwise specified, Contractor must submit to the Engineer for review and acceptance of 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 in the Special Conditions or elsewhere in the Contract Documents. Unless otherwise specified, all submittals should be transmitted electronically using standard commercial software programs. (A) General. Contractor is responsible for ensuring that its submittals are complete, legible, accurate and conform to the Contract Documents. Incomplete or illegible submittals will be rejected and returned for resubmission. Contractor must use the applicable forms provided or specified for use by the City, including the Project Forms provided with the Contract Documents, and forms provided by City at the pre- construction conference. (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. If a submittal remains non-compliant after being re-submitted for a second time, City may back-charge Contractor for all further review time and additional administrative costs. For City employees the hourly amount charged will be 2.5 times the employee’s direct hourly payroll cost to the City. For consultants, the amount charged will be 1.25 times the amount billed to the City for additional review and administrative time. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 37 (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 Request for Information (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, on the same basis as excessive submittal review, under subsection (D) (Required Corrections). 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. Article 3 - Contract Documents 3.1 Interpretation of Contract Documents. (A) Drawings and Specifications. The Drawings and Specifications included in the Contract Documents are complementary. If Work is shown on one but not on the other, Contractor must perform the Work as though fully described on both, consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The Drawings 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 Drawings and Specifications, the Specifications will control. Detailed Drawings take precedence over general Drawings, and large scale Drawings take precedence over smaller scale Drawings. Any arrangement or division of the Drawings and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Drawings 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. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 38 (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 under the Drawings or Specifications, Contractor must immediately 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. City will not extend the Contract Time due to Contractor’s failure to submit a timely RFI to the Engineer. (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 at the Worksite before ordering any material or performing any Work, and will be responsible for the correctness of those measurements. (F) Limitations. Any arrangement or division of the Drawings and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Drawings 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. 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: (A) Change Orders; (B) Addenda; (C) Contract; (D) Notice to Proceed; (E) Notice of Award; (F) Special Conditions; (G) General Conditions; (H) Payment, Performance and Warranty Bonds; (I) Specifications; (J) Drawings; (K) Contractor’s Bid Proposal and attachments; (L) Notice Inviting Bids; (M) Instructions to Bidders; (N) The City of Cupertino’s Standard Details; and (O) Any 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 39 “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 modified by any perceived or actual conflict with provisions in any document that is provided For Reference Only. 3.5 Current Versions. Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code or regulation in effect at the time the Contract is signed. 3.6 Conformed Copies. If City prepares a conformed set of the Contract Documents following award of the Contract, it will provide Contractor with a 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. Article 4 - Bonds, Indemnity, and Insurance 4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of 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, using the bond forms included with the Contract Documents. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 40 (A) Surety. Each bond must be issued by a surety admitted in California, and the surety must have a financial rating from A.M. Best Company of A-, class 7 or better, or as otherwise acceptable to the City. 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, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in bidding or performing the Work or in failing to comply with any obligation of Contractor under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract. Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code section 9201. Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract. 4.3 Insurance. Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor’s or Subcontractor’s acts or omissions, including Contractor’s protected coverage, blanket contractual, products and completed operations, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be $4,000,000 which is twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 41 broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non- contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $2,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. ☐ N/A if box checked (Contractor provides signed, written verification it has no employees). 4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. ☒ N/A if box checked (Contract is not design/build). 5. Builder’s Risk. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. ☒ N/A if box checked (Project does not involve construction or improvements/installations to property). 6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. ☒ N/A if box checked (Project does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. City reserves the right to modify these insurance requirements based on Contractor’s prior experience, insurer, coverage, and considering the nature of the risk involved in the work and other circumstances. Contractor should discuss these requirements with its insurer and the designated Public Works Agency representative. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 42 retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project, Contractor’s insurance coverage shall be “primary and non-contributory” and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a “primary and non-contributory” basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder’s Risk Contractor may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. Policy limits must be per occurrence and for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect in its sole discretion to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site. Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 43 Acceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best’s financial strength rating of “A-” or better and a financial size rating of “VII” or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Claims Made Policies If any coverage required is written on a claims-made coverage form: 1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. 4. A copy of the claims reporting requirements must be submitted to the Entity for review. 5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. 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) Notice to Proceed. 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. The Notice to Proceed will not be issued until Contractor has executed and returned the Contract, the required bonds, insurance certificates and endorsements and any other submittals required prior to issuance of the Notice to Proceed, subject to City’s approval of all such documents. Contractor may not begin performing Work on the Project Site before the date authorized in the Notice to Proceed. After receiving the Notice to Proceed, Contractor must notify the City in writing of the date Contractor intends to begin Work on the Project, at least 24 hours in advance of beginning the Work. 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 that must be provided or performed before issuance of the Notice to Proceed. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 44 (B) 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 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 Special Conditions), Contractor must submit to City for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how Contractor plans to perform and fully complete the Work within the Contract Time, including labor, equipment, materials and fabricated items. The baseline schedule must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed, Contractor must order any specialized material or equipment for the Work that is not readily available from material suppliers. Contractor must also retain documentation of the purchase orders date(s). (B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. Contractor is solely responsible for resolving any exceptions noted in a schedule and must, within seven days, correct the schedule to address them. (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 W ork 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. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 45 (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 waiver of any claims for Excusable Delay or loss of productivity arising when Contractor is out of compliance, subject only to the limits of Public Contract Code section 7102. (D) Recovery Schedule. If City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, Contractor must submit a recovery schedule, showing how Contractor intends to perform and complete the Work within the Contract Time, based on actual progress to date. (E) Effect of Acceptance. Contractor and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City. City’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time. (F) Posting. Contractor must at all times maintain a copy of the most current City- accepted progress or recovery schedule posted prominently 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 46 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. 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. (C) 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 timely completion of the Work; (3) Contractor’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for the timely performance and completion of the Work; (4) Foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the Worksite or review of the Contract Documents or other information provided or available to Contractor; or (5) Contractor’s financial inability to perform the Work, including insufficient funds to pay its Subcontractors or suppliers. (D) Compensable Delay. Pursuant to Public Contract Code section 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”). (E) Concurrent Delay. Contractor is not entitled to an extension of Contract Time or recovery of costs for any Compensable Delay that is concurrent with Non-Excusable Delay. (F) Weather Delay. 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 Worksite cleanup 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. (1) Based on historic records for the Project location from the Western Regional Climate Center, Contractor’s schedule should assume the following number of normal Weather Delay Days and precipitation for each month: McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 47 Month # Normal Weather Precipitation Delay Days January 6 2.86 February 6 2.66 March 6 2.29 April 3 1.20 May 1 0.44 June 0 0.10 July 0 0.02 August 0 0.07 September 1 0.19 October 2 0.76 November 4 1.51 December 5 2.43 Total 34 14.53 (2) 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 set forth in Section 5.3(F)(1) above, subject to the following limitations: a. Contractor must fully comply with the applicable procedures in Article 5 and 6 of these General Conditions regarding requests to modify the Contract Time. b. Normal Weather Delay Days which do not occur during a given month do not carry over to another month. c. 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. (G) 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. (H) 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 48 impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include Contractor’s plan for continued mitigation of the delay or its effects. (2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed, or provide a realistic estimate if the duration of the delay is not yet known. If Contractor believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed, or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay. Contractor is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to City. (4) Burden of Proof. Contractor has the burden of proving that: the delay was an Excusable or Compensable Delay, as defined above; Contractor has 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 section 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 working 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 section 7203, if Contractor fails to achieve Final Completion within the Contract Time, City will charge Contractor in the amount specified in the Contract for each day that Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 49 (A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable or Compensable Delay, as set forth above. (B) Milestones. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents. (C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to Contractor, including 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, or for defective materials or workmanship. Article 6 - Contract Modification 6.1 Contract Modification and Changes in Work. Modifications to the Contract are valid and legally binding only if duly authorized by a written and signed Change Order. City may also make changes in the Work without invalidating the Contract. City may direct changes in the Work, which may include Extra Work as set forth in subsection (B) below, deletion or modification of portions of the Work, or other modifications determined by City, acting in its sole discretion, to be in City’s best interest. Pursuant to section 3.23.170 of the Cupertino Municipal Code, City reserves the right to delete up to 25% of the Work. Any change in the Work, whether directed by City or pursuant to Contractor’s request for a Change Order under Section 6.2 below, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, which may include commensurate changes in the Contract Price or Contract Time as applicable. 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 pursuant to Public Contract Code section 7101 based on cost reduction changes or “value engineering,” unless otherwise specified in the Special Conditions, or unless expressly authorizing in advance in writing by City. (A) 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 W ork or cease W ork 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. 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 50 dispute, as directed by City. 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. (B) 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 W ork. Contractor must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that Contractor performs Extra Work, or Work that Contractor contends is Extra Work, Contractor must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The Engineer will make any adjustments to Contractor’s Extra Work Report(s) based on the Engineer’s records of the W ork. 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. (C) 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. (D) Required Form. Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 51 (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 costs, expenses, or time extension request not included herein is deemed waived. Contractor understands that submission of claims which have no basis in fact or which Contractor knows to be false may violate the False Claims Act, as set forth in Government Code sections 12650 et seq.” 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, but in the order provided with unit pricing taking precedence over the other methods: (A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or schedule of values, will apply if unit pricing has previously been provided in Contractor’s accepted bid schedule or schedule of values for the affected Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation. (B) Lump Sum. A mutually agreed upon lump sum 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, including allowed markup for overhead, profit, and all other indirect costs, and which may include a not-to-exceed limit, calculated as the total of the following sums: (1) All direct labor costs plus 15% markup; (2) All direct material costs, including sales tax, plus 15% markup; (3) All direct plant and equipment rental costs, plus 15% markup; (4) All direct subcontract costs plus ten percent markup; 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 amount of compensation or added time that the City believes is merited. Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below. 6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to fully comply with the provisions of this Article. Contractor will not be paid for unauthorized Extra W ork. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 52 Article 7 - General Construction Provisions 7.1 Permits and Taxes. (A) General. Contractor must obtain and pay for all permits, fees, or licenses required to perform the Work, except that if a City building permit is required, no fee will be charged. 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 notices, permits, licenses, and renewals required for the Work. (B) Federal Excise Tax. 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 material 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. (A) Standards. Temporary facilities must be safe and adequate for the intended use, and installed and maintained in accordance with all applicable federal, state, and local laws, codes, and regulations. (B) Screening. Contractor must fence and screen the Project site and staging area, and its operation must minimize inconvenience to neighboring properties and be approved by the City. (C) Utilities. Contractor must install and maintain the light, power, water and all other utilities required for the Project site, including the piping, wiring, lamps and related equipment necessary to perform the Work. (D) 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. (E) Additional Requirements. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. 7.3 Noninterference and Additional Work Areas. 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 notify the affected parties of the pending closure and allow them to remove vehicles. Private driveways, residences and parking lots must have access to a roadway during non-Work hours. (A) Offsite Acquisition. Unless otherwise provided by City, Contractor must acquire, use and dispose of, at its sole expense, any additional Work areas, easements, and temporary facilities necessary to access and perform the Work. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 53 (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. 7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by law or by the Contract Documents, without City’s prior written approval as to size, design, and location. 7.5 Worksite 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 notice of completion has been recorded. Except as specifically authorized by City, Contractor must confine its operations to the area of the Project site indicated in the Drawings. 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. In addition, Contractor is responsible for damage caused by its 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, the Project site, City’s real or personal property, and the real or personal property of adjacent or nearby property owners. (2) Cupertino Sanitary District and the City of Sunnyvale own and operate wastewater systems within Cupertino and they may not be interrupted. If the Work disrupts existing sewer facilities, Contractor must immediately notify City to determine who owns the system and establish a plan, subject to the systems owner’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. (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. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 54 (C) Unforeseen Conditions. If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Drawings or apparent from inspection of the Project site, Contractor must immediately notify the City and promptly submit a Request for Information to 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 law. 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 below. Contractor will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered. (B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, Contractor is solely responsible for the proper examination, handling, storage, and installation in accordance with the Contract Documents. Contractor must promptly notify City of any defects discovered in City-provided materials or equipment. 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) Existing City Equipment. Contractor will carefully remove all existing equipment from the Worksite. If the City specifies or indicates that equipment is to be salvaged and reused or to remain the property of City then the Contractor will reuse or return the equipment to the City. Contractor will store and protect salvaged equipment specified to be reused in the Work. Contractor will delivery to the City in good condition the equipment that is to remain City property but not be reused in the Work. (1) If an item specified to be salvaged is damaged during its removal, storage, or handling through carelessness or improper procedures, then Contractor will replace that equipment in kind or with a new item. For those items specified to be salvaged Contractor may choose to instead furnish and install new equipment, in which case the original, removed items will become Contractor’s property. Existing materials and equipment removed by Contractor will only be reused in the Work if so specified or indicated by the City. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 55 (D) 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. (E) Certificate of Compliance. When a Certificate of Compliance is specified, or for any material or item (“material”) produced or assembled outside of the United States, Contractor must submit a Certificate of Compliance before incorporating that material into the Project. A Certificate of Compliance must be submitted for each lot of material delivered to the Project site, and in a form acceptable to the Engineer, identifying the material, its source, and the lot. Each Certificate of Compliance must be signed by the material producer stating that the material fully complies with the applicable requirements of the Specifications. Submission of a Certificate of Compliance will not limit Contractor’s continuing obligation to use only materials that conform with the requirements of the Contract Documents. Any materials furnished pursuant to a Certificate of Compliance may be inspected or tested at any time by City, subject to the inspection and testing provisions of Article 7, and defective or non-conforming material may be rejected at any time, even if already installed. (F) Site Materials. Except as otherwise specified, City retains full ownership of and all rights to use any water, soil, stone, gravel, sand, minerals or other materials (“Site Materials”) on City property, including the Project site, and including any site materials that have been extracted, excavated, or otherwise affected or made accessible by performance of the Work. However, City, acting in its sole discretion, may provide written authorization in the Specifications or in a Change Order for Contractor to make use of or incorporate specified Site Materials in the Work. 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. (B) Request for Substitution. A 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. The request must be submitted on the City’s Substitution Request Form. (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, including testing using methods acceptable to City. 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 56 service. If the proposed substitution is rejected, Contractor must, without delay, install the item or use the service as specified by City. (F) Contractor’s Obligations. City’s approval of a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements. 7.8 Inspection and Testing. (A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by City at all times and locations during construction and/or fabrication and at any W orksite, including at shops and yards as well as at the Project site, or at the plant of a manufacturer of materials or items to be incorporated into the Work. 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 inspection. (B) Scheduling and Notification. Contractor must cooperate with City in coordinating the inspections and testing. Contractor must submit samples of materials, 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 in writing no later than two Working Days before any inspection or testing is being requested, 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 seek, in writing, Engineer’s approval at least two Working Days in advance. 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 and Inspector, 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 inspections and/or testing consultants retained by City, subject to the following exceptions: (1) Contractor will be responsible for the costs of any subsequent inspections and/or tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs. (2) Contractor will be responsible for inspection and testing costs, at the rate charged by the consultant retained by the City to provide inspection and testing services, and for inspection and testing 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 57 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. All Work and materials must conform with the lines, grades, typical cross sections, dimensions, material requirements, and tolerances shown or described by the Drawings and Specifications. City, acting in its sole discretion, will determine whether Work or materials conform with the Drawings and Specifications, including allowable deviations. City’s determination as to conformity or allowable deviations is final. Contractor is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection of the Work does not in any way relieve Contractor of its obligations to perform the Work as specified. Any Work done without the required inspection(s) will also be subject to rejection by City. (E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, Contractor is solely responsible for the additional travel costs required for testing and/or inspection at such locations. (F) Plant Inspection. If specified in the Contract Documents, or upon written request by City, Contractor must use its best efforts to facilitate and arrange for City’s inspection, sampling or testing of materials or items required for the Work at the plant or facility from which the materials or items are to be obtained. Contractor’s best efforts must include contacting the producer or manufacturer on a timely basis to schedule inspection by City’s selected representative, including appropriate access and any safety equipment, all at no cost to City. The inspection must be scheduled sufficiently in advance of the planned shipping or production date to allow for alternative arrangements if the City determined that the materials or items do not meet the requirements of the Drawings and Specifications. Nothing in this provision obligates City to inspect materials or items at the source plant or facility. (G) Final Inspection. The provisions of this Section 7.8 apply to final inspection under Article 11, Completion and Warranty Provisions. 7.9 Worksite 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 and neat condition and in compliance with all regulatory requirements for air quality and dust control. 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) Protection of Existing Property, Structures, and Utilities. If the Drawings indicate existing above-grade and below-grade structures, drainage lines, storm drains, sewers, water, gas, electrical, phone and data cable, and other similar items or utilities known to the City, then Contractor will locate these known existing installations before proceeding with trenching or other operations which may cause damage, will maintain them in service where appropriate, and will repair any damage caused to them by the Work, at no increase in the Contract Price. (1) The Contractor may temporarily mark or paint the ground, pavement, sidewalk, or any other improvements, but must not do so in a public right-of-way or on the Site more than 30 days prior to the commencement of excavation work performed in connection with an installation. Any mark or paint must be removed from all surfaces, including any decorative work, within 30 days of the completion of the excavation work. The Contractor is responsible for any expense associated with damages caused by the Contractor’s mark or paint, including the removal thereof. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 58 (2) The Contractor will record the location and existence of pavement markers and striping prior to construction, and will provide such records to the Engineer. The Contractor will replace in kind any permanent paving marker or striping that it removes or damages, or as marked in the Plans, at its expense. (B) Air Emissions Control. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any applicable law, regulation or rule. (C) 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 the Engineer 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 Worksite and any dirt deposited on public streets. (D) 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, waste 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. (E) 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 City’s storm drain system. (F) Completion. At the completion of the Work, Contractor must remove from the Worksite all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Worksite, Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. Contractor must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Contractor must provide all cutting, fitting and patching needed to accomplish that requirement. Contractor must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. (G) 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 59 or Contract Price, or undertake appropriate cleanup measures without further notice and the cost will be deducted from any amounts due or to become due to Contractor. 7.10 Instructions and Manuals. Contractor must provide to City two bound copies and an electronic PDF copy of 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 instruct City’s personnel in the operation and maintenance of any complex equipment 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 Drawings which will be used solely for the purpose of recording changes made in any portion of the original Drawings 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. Progress payments may be delayed, in whole or in part, 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 Drawings 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 approval as a condition precedent to Final Completion and Final Payment. 7.12 Existing Utilities. As required by Government Code section 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 trunk line 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 Drawings 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 operator requirements in Government Code sections 4216 through 4216.5. Government Code section 4216.2 requires that, except in an emergency, Contractor must contact the McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 60 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, and, if practical, Contractor must delineate with white paint or other suitable markings the area to be excavated. 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 section 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 section 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 law; (2) Subsurface or latent physical conditions at the Worksite differing from those indicated by information about the Worksite made available to bidders prior to the deadline for submitting bids; or (3) Unknown physical conditions at the Worksite of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents. (B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions materially differ 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 (A) above, 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 law which pertain to the resolution of disputes between Contractor and City. 7.15 Trenching of Five Feet or More. As required by Labor Code section 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 61 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. 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 imm ediately 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 W ork on a time and materials basis under Article 6, Contract Modification. Any suspension of Work required due to discovery of Historic or Archeological Items will be treated as a suspension for convenience under Article 13. 7.19 Recycling and Waste Disposal. (A) Approved Recycling Facility. Contractor must dispose of all recyclable materials at a recycling facility approved by the Engineer. (B) Inert Solids and Plant Materials. Contractor must remove all asphalt concrete, Portland cement concrete, aggregate base material, inert solids and any plant material from the Project site and deposit at an approved recycling facility. Contractor must conform the above material to an acceptable size and composition for recycling. (C) Recyclable Materials. Contractor must recycle at least 65% of all materials at an approved recycling facility. (D) Waste Management Plan and Disposal Report. If the California Green Building Standards Code applies to the Project, Contractor must submit to the City a waste management plan prior to starting work. A disposal report is required upon completion of the Project, for materials that are hauled by Contractor or by the City’s franchised hauler. If a waste management plan is required it must be available throughout the duration of the Project for examination by the City. Electronic submittals are acceptable. The waste management plan must include the following: (1) Project title and number; (2) Identify the construction methods that will be employed to reduce waste; (3) Type of material(s) to be recycled, salvaged or landfilled; McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 62 (4) Specify if the waste will be sorted onsite or bulk-mixed; and (5) Name and address of recycling facilit(ies) and landfill(s) to be used; The disposal report must include the following: (1) Project title; (2) Date and time of disposal; (3) Truck number; (4) Type of material recycled, salvaged, or landfilled; (5) Weight of material recycled, salvaged, or landfilled; (6) Name and address of recycling facility or landfill; (7) Certification or weight tags from facility; (8) Weight tags for all material landfilled; and (9) If the recycling goal is not met, provide an explanation, to be approved by City, for why it was not met. (E) Collection of Waste and Debris. Collection of garbage, mixed non-organic recyclables, organic waste, and any construction or demolition materials in debris boxes, compactors, or bin-by-the-day services that are not City franchisees or otherwise agents of the City is prohibited. Notwithstanding the above, Contractor must dispose of debris from the Project in one of the following: (1) Franchised hauler bin; (2) A bin owned by Contractor or a demolition Subcontractor provided that it is hauled by an employee of the Contractor or the demolition Subcontractor and by a vehicle owned and registered to the Contractor or the demolition Subcontractor; or (3) Private truck with a bed. (F) Recycling Containers. The disposal of garbage in containers designated for compostable waste recycling is prohibited. 7.20 Storm Water Pollution Control (A) Storm Drains. Contractor will comply with all state and federal storm water regulations. Contractor will not allow any waste materials or pollutants to enter the storm drainage system. (B) Best Management Practices. Contractor must remove any waste found or generated at the Project site using the appropriate Best Management Practices (BMPs), and must properly dispose of the waste or pollutants off-site. If solid or liquid waste materials or pollutants from the Project enter the storm drain system, Contractor must immediately notify the City’s Environmental Services Division, and thoroughly clean up the affected catch basins, storm sewer, and storm manholes to the satisfaction of the McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 63 Engineer. If Contractor fails to meet the requirements of this section, the City may issue a stop-work notice and take necessary action to require Contractor to set up preventive measures or clean up the storm drainage system. Contractor will bear all costs related to the stop-work action and corrective work, and will not be entitled to an extension of the Contract time for any resulting delay. (C) Stormwater Permit. Contractor must control all water pollution pursuant to the Contract Documents, the State Water Resources Control Board National Pollutant Discharge Elimination System (“NPDES”) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (“Stormwater Permit”). 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 the same 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 applicable state, municipal or regional laws, ordinances, rules or regulations governing discharge of stormwater, including applicable municipal stormwater management programs. (D) Failure to Comply with Stormwater Permit. Contractor must pay all costs and liabilities imposed by law as a result of Contractor's failure to comply with the provisions set forth in the Contract Documents. Such costs and liabilities include, but are not limited to, fines, penalties, and damages, whether assessed against the City or Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act. (E) Storm Water Pollution Prevention Plan Preparation. Contractor must incorporate the following BMPs, as applicable, into a site-specific Storm Water Pollution Prevention Plan (SWPPP) if required for this Project. The SWPPP must be approved by the Engineer prior to construction. (1) Non Hazardous Material/Waste Management. a. Contractor must designate areas of the Project site suitable for material delivery, storage, and waste collection that, to the maximum extent practicable, are near construction entrances and away from catch basins, gutters, drainage courses, and creeks. b. Contractor must store granular material at least 10 feet away from catch basin and curb returns. c. Contractor must prevent granular material to enter the storm drains or creeks. d. During wet weather and when rain is forecast in the next 24 hours, Contractor must cover granular material with a tarpaulin and surround the material with sand bags or other weights to ensure that tarpaulin does not expose the material during wind and rain. e. Contractor will use minimal amounts of water to control dust on a daily basis or as directed by the Engineer. f. At the end of each working day or as directed by the City, Contractor must clean and sweep roadways and on-site paved areas of all materials on or adjacent to the Worksite. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 64 g. Throughout the working day and at the end of each working day, or as directed by the City, Contractor must pick up litter, trash, scrap, waste material, and debris from the Project site and any adjacent sidewalk, curb, and gutter area. Contractor must keep the site and perimeter free from cigarette butts and other litter. h. Contractor must ensure that lids for trash receptacles are kept closed and that trash receptacles are maintained in a manner that prevents overflows. i. Contractor must maintain a clean and litter-free area around all trash receptacles on the site. j. Contractor will not use water to flush down streets in place of street sweeping or other dry methods of spill cleanup such as applying absorbent, sweeping up material and disposing it in a waste bin. k. In addition to Contractor’s obligation to recycle materials pursuant to Section 7.19 of the General Conditions, Contractor must, to the maximum extent practicable, reuse or recycle any useful construction materials generated during the Project. l. Contractor must inspect any waste and recycling receptacles for leaks, and must contact the City’s trash hauling franchisee to immediately replace or repair any leaking receptacles. m. Contractor will not discharge water on-site as a result of cleaning recycling or trash receptacles. n. Contractor must arrange for regular waste collection before receptacles overflow, and must adjust the frequency of service or the receptacle size as needed to ensure that overflows do not occur. (2) Hazardous Material/Waste Management. a. Contractor must label and store all hazardous materials including but not limited to pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, including but not limited to waste oil and antifreeze; in accordance with the City’s Hazardous Materials Storage Ordinance and all applicable state and federal regulations. b. Contractor must keep an accurate, up-to-date inventory, including Materials Safety Data Sheets (MSDSs), of hazardous materials and hazardous wastes stored on-site. c. When rain is forecast within 24 hours or during wet weather, the Contractor must not apply chemicals such as pesticides and cleaners, or any materials that may potentially enter the storm drain system, in outside areas. d. Contractor must not over-apply pesticides or fertilizers and must follow materials manufacturer’s instructions regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals. Over- application of a pesticide constitutes a “label violation” subject to an enforcement action by the Santa Clara County Agriculture Department. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 65 e. Contractor must arrange for regular hazardous waste collection to comply with all applicable time limits on storage of hazardous wastes. f. Contractor must dispose of hazardous waste only at authorized and permitted treatment, storage and disposal facilities, and must use only licensed hazardous waste haulers to remove the waste off-site, unless quantities to be transported are below applicable threshold limits for transportation specified in state and federal regulations. g. If Contractor’s business office is located in Santa Clara County, Contractor may dispose of this waste through the Countywide Hazardous Waste Program. Businesses generating less than 27 gallons or 220 pounds of hazardous waste per month are legally classified as conditionally exempt small quantity generators (CESQGs). Information on the CESQG program may be requested by calling the County at (408) 299-7300. (3) Spill Prevention and Control. a. Contractor must keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site. b. Contractor must immediately contain and prevent leaks and spills from entering storm drains, and properly clean up and dispose of the waste and cleanup materials, using dry methods to the extent feasible. If the waste is hazardous, Contractor must handle the waste as described in subsection (2) above. c. Contractor will not wash any spilled material into streets, gutters, storm drains, or creeks and will not bury spilled hazardous materials. d. Contractor must report any hazardous materials spill by calling 911 and must notify the City’s Public Works Environmental Division at 408-777-3354. (4) Vehicle/Equipment Cleaning. a. Contractor will not perform vehicle or equipment cleaning on-site or in the street using soaps, solvents, degreasers, steam cleaning equipment, or equivalent methods. b. Contractor must perform vehicle or equipment cleaning, with water only, in a designated, bermed, pervious area that will not allow rinse water to run offsite or into streets, gutters, storm drains, or creeks. (5) Vehicle/Equipment Maintenance and Fueling. a. Contractor will not perform maintenance and fueling of vehicles onsite. b. Contractor must perform maintenance and fueling of equipment only when necessary, and in a designated, bermed area or over a drip pan that will not allow run-on of storm water or runoff of spills. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 66 c. Contractor must use secondary containment, such as a drip pan, to catch leaks or spills any time that equipment fluids are dispensed, changed, or poured. d. Contractor must keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site to clean up drips and spills. e. Contractor must clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste, as described above. f. Contractor will not wash any spilled material into streets, gutters, storm drains, or creeks and shall not bury spilled hazardous materials. g. Contractor must report any hazardous materials spill by calling 911. After the emergency has been reported, Contractor must notify the City’s Public Works Environmental Division. h. Contractor must inspect vehicles and equipment arriving on-site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans must be used to catch leaks until repairs are made. Shut-off valves on equipment must be working properly. i. Contractor must comply with federal, state and City requirements for above-ground storage tanks. (6) Contractor Training and Awareness. a. Contractor must train all employees and Subcontractors on the SWPPP requirements contained in these General Conditions. b. Contractor must include appropriate provisions in its subcontracts to ensure that these SWPPP requirements are met. c. Contractor must post warning signs in areas treated with chemicals. d. Contractor must paint City-approved stencil or, preferably, apply steel medallions to, any new catch basins with the “No Dumping, Flows to Creek” stencil or medallion markers available from the City’s Public Works Environmental Division. (7) Activity-Specific Requirements. The following requirements apply if the Project includes the listed activities. a. Dewatering or Pumping Operations. (i) Contractor must not discharge water to the storm drain system. Water discharges must be directed to a pervious, landscaped, or bioretention area where water will be infiltrated without causing runoff, or routed to the sanitary sewer system after obtaining a permit from Cupertino Sanitary District or Sunnyvale Sanitary, depending on which has jurisdictional authority, or contained using a Baker tank or other means to collect the water for re-use or safe and legal disposal. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 67 Contractor may contact the City’s Environmental Division for more information on these control measures. (ii) Contractor must obtain approval of the Engineer for any control measure in advance. (iii) Contractor must reuse water for other needs, including but not limited to dust control or irrigation, to the maximum extent practicable. b. Paving Operations. (i) When rain is forecast within 24 hours or during wet weather, the Engineer may require that paving be delayed for more suitable conditions. (ii) The Engineer may direct Contractor to protect drainage courses by using control measures, including but not limited to, earth dike, straw bale, and sand bag, to divert runoff or trap and filter sediment. Contractor must refer to California Storm Water Best Management Practice Handbook for these control measures. (iii) Contractor must place drip pans or absorbent material under paving equipment when not in use. (iv) Contractor must securely cover catch basins and manholes when paving or applying seal coat, tack coat, slurry seal, or fog seal. (v) Contractor must remove, clean and reapply or replace catch basin covers as often as needed to ensure protection of the storm drain system from any material other than rain. (vi) Before Final Completion, Contractor must remove and dispose of all catch basin covers and material trapped by the covers. If Contractor fails to remove and dispose of the covers and materials trapped, City reserves the right to delay final inspection and/or deduct monies from payments due Contractor to compensate the City for its additional costs for removal and disposal of catch basin protection (BMPs). (vii) If the paving operation includes an on-site mixing plant, Contractor must comply with Santa Clara County General Industrial Activities Storm Water Permit requirements. (viii) Contractor must preheat, transfer or load hot bituminous material away from drainage systems or watercourses. (ix) Contractor will not sweep or wash down excess sand (placed as part of a sand seal or to absorb excess oil) into streets, gutters, storm drains, or creeks. Contractor must either collect the sand and return it to the stockpile, or dispose of it in a trash container. Contractor will not use water to wash down fresh asphalt concrete pavement. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 68 c. Saw Cutting. (i) Contractor must use as little water as possible during saw cutting and grinding operations. (ii) Contractor must cover or barricade catch basins using control measures, including but not limited to as filter fabric, straw bales, sand bags, and fine gravel dams, to keep slurry out of the storm drain system. When protecting a catch basin, Contractor must ensure that the entire opening is covered. Contractor must refer to California Storm Water Best Management Practice Handbook for these control measures. (iii) Contractor must remove, clean and reapply or replace catch basin covers. (iv) Before Final Completion, Contractor must remove and dispose of all catch basin covers. (v) Contractor must shovel, absorb or vacuum saw cut slurry and pick up the waste prior to moving to the next location or at the end of each working day, whichever is sooner. (vi) If saw cut slurry enters catch basins, Contractor must remove the slurry from the storm drain system immediately. d. Traffic Detector Loop Installation and Repair. (i) Contractor must protect nearby storm drain inlets prior to cutting or flushing slot for traffic detector loops. Contractor must block or berm around nearby storm drain inlets using sand bags or an equivalent barrier or use absorbent materials such as pads, pillows and socks to contain slurry. (ii) Before Final Completion, Contractor must remove all sand bags and equivalent barriers and absorbent materials from the site and sweep the area clean and away from the storm drain inlet. (iii) Contractor must clean up residues by sweeping up as much material as possible and must dispose of material properly. e. Concrete, Grout and Mortar Waste Management. (i) Contractor must avoid mixing excess amounts of fresh concrete or cement mortar on-site. (ii) Contractor must store concrete, grout and mortar away from drainage areas and ensure that these materials do not enter the storm drain system. (iii) Contractor will not wash out concrete trucks or equipment into streets, gutters, storm drains, or creeks. (iv) Contractor must perform washout of concrete trucks or equipment off-site or in a designated area on-site where the McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 69 water will flow onto dirt or into a temporary pit in a dirt area. Contractor must let the water percolate into the soil and dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, Contractor must collect the wash water and remove it off-site. (v) Contractor will prevent creating runoff by draining water from washing of exposed aggregate concrete to a dirt area. If a suitable dirt area is not available, Contractor must collect the wash water and remove it off-site. (vi) Before Final Completion, Contractor must remove all protective measures and treatment materials and sweep the site clean. (vii) Contractor must collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in a trash container. f. Painting. (i) Contractor must conduct cleaning of painting equipment and tools in a designated area that will not allow run-on of storm water or runoff of spills. (ii) Contractor will not allow wash water from cleaning of painting equipment and tools into streets, gutters, storm drains or creeks. (iii) Contractor will remove as much excess paint as possible from brushes, rollers and equipment before starting cleanup. (iv) To the maximum extent practicable and with permission from Cupertino Sanitary District, Contractor will dispose of wash water from aqueous cleaning of equipment and tools to the sanitary sewer. (v) If Contractor cannot dispose of wash water to the sanitary sewer, Contractor must direct wash water onto dirt area and spade in. (vi) To the maximum extent practicable, Contractor will filter paint thinner and solvents for reuse. (vii) Contractor must dispose of thinners, solvents, oil and water-based paint, and sludge from cleaning of equipment and tools as hazardous waste, as described in these General Conditions. (viii) Contractor must store paint, solvents, chemicals, and waste materials in compliance with the City of Cupertino Hazardous Materials Storage Ordinance and all applicable state and federal regulations. Contractor must store these materials in a designated area that will not allow run-on of storm water or runoff of spills. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 70 (ix) Contractor must dispose of dry or empty paint cans and buckets, old brushes, rollers, rags, and drop cloths in the trash. g. Earthwork. (i) Contractor must use the BMPs for erosion and sedimentation in either the California Storm Water Best Management Practice Handbook - Construction Activity or the ABAG Manual of Standards for Erosion and Sediment Control Measures. h. Thermoplastic. (i) Contractor must transfer and load hot thermoplastic away from drainage systems or watercourses. (ii) Contractor must sweep thermoplastic grindings into plastic bags. Yellow thermoplastic grindings may require special handling as they may contain paint. i. Pesticide Usage and Pest Management. (i) Contractor must follow all federal, state, and local policies (including the City’s Integrated Pest Management Policy), laws, and regulations governing the use, storage, and disposal of pesticides and training of pest control advisors and applicators. (ii) Contractor must submit pest management control methods to Engineer for approval. Such control methods may include, but are not limited to: no controls; physical or mechanical methods; environmental controls (mulching, pest- resistant vegetation); biological controls (predators, parasites, etc.); less toxic controls (soaps, oils, etc.); and hot water. (iii) Contractor must notify and receive permission from the Engineer and the Public Works Environmental Division before applying any pesticides. (iv) If permitted to use pesticides, Contractor must use the least toxic pesticides available and the use and type of such pesticides must be approved by the City. The City will consider the LD50, overall risk to the applicator, and impact to the environment when approving the use of pesticides. (v) Contractor must apply pesticides at the appropriate time to maximize their effectiveness and minimize the likelihood of discharging non-degraded pesticides in stormwater runoff. Contractor will not apply pesticides if rain is expected. (vi) Contractor must mix and apply only as much material as is necessary for treatment. Contractor must calibrate application equipment prior to and during use to ensure desired application rate. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 71 (vii) Contractor will not mix or load pesticides in application equipment adjacent to a storm drain inlet culvert or watercourse. (viii) Contractor will not use Clopyralid, Diazinon, Chlorpyrifos, Chloradane, DDT, Dieldrin or other organophosphates. Fipronil and pyrethroids including, but not limited to Deltamethrin and Bifenthrin, will not be applied on City property. (ix) Contractor must submit monthly summaries of pesticide use to the Public Works Environmental Division on appropriate City form. Information provided must include, at a minimum, the product used, the method of application, date applied, the area to which it is applied, and the amount applied. 7.21 Traffic Control and Public Safety A. Fences and Barriers. Contractor must furnish, erect, and maintain fences, barriers, lights, and signs, and must provide flagging and guards as necessary to give adequate warning to the public of the construction and of any dangerous condition at Contractor’s sole cost and expense. City must approve all signs as to size, wording, and location. City, in its sole discretion, may direct Contractor to implement additional measures. Contractor may be required to cover certain signs which regulate or direct public traffic to roadways that are not open to traffic. The Engineer will determine which signs must be covered. B. Manual on Uniform Traffic Control Devices (MUTCD). Notwithstanding the requirements of this Section 7.21, all fences, barriers, signs, lights, flags, and other warning and safety devices and their use must conform to the requirements of Part 6 of the United States Department of Transportation MUTCD and the MUTCD California Supplement. C. Sign Conflicts. Signs and other protective devices furnished and erected by Contractor will not obscure the visibility of, nor conflict in intent, meaning, and function of, existing signs, lights, and traffic control devices or any construction area signs and traffic control devices D. Public Access. Contractor must conduct operations in the manner that offers the least possible obstruction and inconvenience to the public. Contractor must complete the Work in a manner that allows for access to public rights-of-way. Unless otherwise provided in the Contract Documents, all public traffic must be permitted to pass through the Work with as little inconvenience and delay as possible. Where possible, public traffic must be routed on new or existing paved surfaces. E. Public Spills. Spillage resulting from hauling operations along or across any public right-of-way must be removed immediately by Contractor at Contractor's sole cost and expense. F. Existing Traffic Signals. Existing traffic signals and highway lighting must be kept in operation and available for routine maintenance during construction. G. Abutting Properties. Construction operations must be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. Contractor must maintain convenient access to driveways, houses, and buildings, and temporary approaches to crossings or intersecting highways must be provided and kept in good condition. When an abutting property owner's access across the right-of-way line McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 72 is to be eliminated or replaced by other access facilities, the existing access will not be closed until the replacement access facilities are usable. H Lane Closures. Lane closures are not permitted before 7:00 A.M. or after 5:00 P.M. from Monday through Friday or as otherwise specified in the Special Conditions or Specifications. City may, at its sole discretion, approve lane closures during this time upon written request from Contractor. Contractor must maintain a minimum of two travel lanes for traffic use (one in each direction) at all times. I. Costs. Contractor is solely responsible for all costs for all required traffic control and public safety measures. 7.22 Noise Control. Contractor must comply with all applicable noise control laws, ordinances, regulations and rules. 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. 7.23 Fire Protection Plan. If a fire protection plan is required for this Project, within 21 days after the date of issuance of the Notice of Award, Contractor must submit to the Engineer a fire protection plan that has been reviewed and approved by the Santa Clara County Fire Department. In addition to any specified requirements for the fire protection plan, the plan should address all of the following: (A) Equipment spark arresters; (B) Fire-extinguishing equipment at the Worksite(s); (C) Fire response procedures; (D) Notification to authorities of any fire; (E) Fire equipment access during performance of the Work and after hours; (F) Educating and training workers to comply with the fire protection plan (G) Safe storage and transport of flammable materials; and (H) Equipment for ventilation and illumination. 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 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 stipulated in the Contract Documents. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 73 (B) Deleted or Reduced Work. Contractor will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that Contractor reasonably incurred before Contractor learned that the Work could be deleted or reduced. Contractor will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits. 8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit to the Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month. (A) Application for Payment. Each application for payment must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Worksite, as well as authorized and approved Change Orders. Each pay application must be supported by Contractor’s Bid Schedule 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 thirty (30) days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code section 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 modifications 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 Worksite, 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. (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 or deduct an amount equal to five percent of the total amount requested; McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 74 (G) For Contractor’s failure to maintain or submit as-built documents in the manner and within the time specified in the Contract Documents, City may withhold or deduct an amount based on the City’s cost to prepare the as-builts; (H) For Work performed without approved Shop Drawings, when approved Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated costs to correct unsatisfactory work or diminution in value; (I) For fines assessed under the Labor Code, as require by law; (J) For any other costs or charges that may be withheld, deducted from, or offset against payments due, as provided in the Contract Documents, including liquidated damages; or (K) For failure to release claims as to undisputed amounts pursuant to Section 8.9, below. 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 amount due on each progress payment, or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and satisfactory performance of the Work. (A) Substitution of Securities. As provided by Public Contract Code section 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 section 22300, and will be subject to approval as to form by City’s legal counsel. (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 under Section 8.3 or Section 8.6, 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(E) below, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete under Public Contract Code section 7107(c). 8.6 Setoff. City is entitled to set off any amounts due from Contractor against any payments due to Contractor. City’s entitlement to setoff includes progress payments as well as Final Payment and unreleased retention. 8.7 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 Worksite by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of the law, and those of the Contract Documents and applicable subcontract or supplier contract. (A) Withholding for Stop Notice. Pursuant to Civil Code section 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. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 75 (B) Joint Checks. City reserves the right to issue joint checks made payable to Contractor and its Subcontractors or suppliers. 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 City. 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. 8.8 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. The date of Final Payment is deemed to be effective on the date that City acts to release undisputed retention as final payment to Contractor, or otherwise provides written notice to Contractor of Final Payment. 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. 8.9 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment (excepting undisputed retention subject to release under Public Contract Code section 7107) 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 limits of Public Contract Code section 7100. The waiver and release of claims must be submitted using the City’s Release of Claims form. Any disputed amounts may be specifically excluded from the release. 8.10 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work or delivered to a Worksite, and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon any payment to Contractor pursuant to this Article 8. 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 federal and California laws, including the California Fair Employment and Housing Act (Government Code sections 12900 et seq.), Government Code section 11135, and Labor Code sections 1735, 1777.5, 1777.6, and 3077.5. 9.2 Labor Code Requirements. (A) Eight Hour Day. Under Labor Code section 1810, eight hours of labor constitute a legal day’s work under this Contract. (B) Penalty. Under Labor Code section 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 section 1815. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 76 (C) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference. (D) Notices. Under Labor Code section 1771.4, Contractor is required to post all job site notices prescribed by law or regulation. 9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code section 1720 or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in sections 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 Worksite. (A) Penalties. Under Labor Code section 1775, Contractor and any Subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion a day, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker. (B) Federal Requirements. If this Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements, Contractor and its Subcontractors are required to pay the higher of the current applicable prevailing wage rates under federal law, available online at http://www.access.gpo.gov/davisbacon/ca.html. 9.4 Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. (A) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) Contractor or the Subcontractor has complied with the requirements of Labor Code sections 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 section 1776, Contractor or Subcontractor has ten days in which to comply with requirements of this section. If Contractor or Subcontractor fails to do so within the ten day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 77 request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from progress payments then due. 9.5 Labor Compliance. Under Labor Code section 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 safety laws, rules and regulations and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at the Worksite, materials and equipment stored on or off site, and property at or adjacent to the Worksite. (A) Reporting Requirements. Contractor must immediately provide a written report to City of all recordable accidents and injuries occurring at the Worksite. 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 law or regulation. (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 Worksite is unsafe, City may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If Contractor fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with City’s request for corrective measures pursuant to this provision. 10.2 Hazardous Materials. Unless otherwise specified in the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Worksite 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 section 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 Material Safety Data Sheets (“MSDS”) at the Worksite, as required by law, for materials or substances used or McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 78 consumed in the performance of the Work. The MSDS 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 Worksite 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 Worksite 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 Worksite condition, the method of construction, or the way any Work must be performed. Article 11 - Completion and Warranty Provisions 11.1 Final Completion. (A) Final Inspection. When the Work required by this Contract is fully performed, Contractor must provide written notification to City requesting final inspection. The Engineer will schedule the date and time for final inspection, which must include Contractor’s primary representative for this Project and its superintendent. Based on that inspection, City will prepare a punch list of items that are incomplete, incorrectly installed, or not operating as required by the Contract Documents. The omission of any such item from this punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents. (B) Punch List. City will deliver the punch list to Contractor and 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. (C) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, including a warranty bond as required under Section 4.4, instructions and manuals as required under Section 7.10, and as-built drawings as required under Section 7.11, all to City’s satisfaction. (D) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, or if the Engineer is authorized to accept the Project, the Project will be considered accepted upon the date of the Engineer’s issuance of a written notice of acceptance. 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. (E) Final Payment. 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 79 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. 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. 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 W ork for a period of one year from the date of recordation of the notice of completion (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. Contractor must obtain from its Subcontractors, suppliers and manufacturers any special or extended warranties required by the Contract Documents. (C) Warranty Documents. As a condition precedent to acceptance, 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 W arranty 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 W arranty Period as to any defects in Work for which Contractor was notified prior to expiration of the W arranty Period. (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, Contractor expressly agrees that City may correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse City for its costs within 30 days following City’s submission of a demand(s) 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. (G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, Contractor expressly agrees that 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 within 30 days following City’s submission of a demand(s) 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 80 Contractor’s warranty obligations herein in addition to any and all costs City incurs to immediately correct the defective Work, including any associated overtime charges. 11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion. City will notify Contractor in writing of its intent to occupy or make use of the Project or any portions of the Project, pursuant to this provision. (A) Non-Waiver. Occupation or use prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or Contractor’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect. (B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to Contractor’s cost or time to complete the Work within the Contract Time. 11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Subcontractor performs Work on the Project prior to recordation of the notice of completion, 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 change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, that 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. (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 section 9204 and sections 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 81 perform the Work and may not delay or cease Work pending resolution of the 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. 12.2 Claims Submission. The following requirements apply to any Claim subject to this Article: (A) Substantiation. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Article 12, and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all 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 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. A Claim must be submitted in the following format: (1) General introduction, specifically identifying the submission as a “Claim” submitted under this Article 12. (2) Relevant background information, including identification of the specific demand at issue, and the date of City's rejection of that demand. (3) Detailed explanation of the issue(s) in dispute. For multiple issues, separately number and identify each issue and include the following for each separate issue: a. The background of the issue, including references to relevant provisions of the Contract Documents; b. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position; c. A chronology of relevant events; d. The identification and attachment of all supporting documents (see subsection (A), above, on Substantiation); and e. Use of a separate page for each issue. (4) Summary of issues and damages. (5) 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 are true and correct. Contractor warrants that this Claim is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay claim not included herein are deemed waived. Contractor understands that submission of a Claim which has no basis McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 82 in fact or which Contractor knows to be false may violate the False Claims Act (Government Code Section 12650 et seq.).” (C) Submission Deadlines. (1) A Claim 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. (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 8.8, above. (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 section 9204. However, if City determines that the Claim is not adequately documented, 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. If Contractor fails to submit the additional documentation to City within 15 days of receipt of City’s request, the Claim will be deemed waived. (A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and Contractor. (B) Non-Waiver. Any failure by City to respond within the times specified above may not be construed as acceptance of the Claim in whole or in part, or as a waiver of any provision of these Contract Documents. 12.4 Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response, or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, Contractor may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to dispute City’s response in writing within the specified time, Contractor’s Claim will be deemed waived. (A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 83 (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 section 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 mediation equally, except costs incurred by each party for its representation by legal counsel or any other consultants. (B) Government Code Claims. (1) Timely presentment of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. (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 California Code of Civil Procedure section 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 Damages. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to recovery of any alleged home office overhead. The Eichleay Formula or similar formula may not be used for any recovery under the Contract. Contractor is not entitled to special, incidental, or consequential damages, including home office overhead or any form of overhead not directly incurred at the 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. McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 84 12.9 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, 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, City may immediately order the Work, or any portion of it, suspended until the cause for the suspension has been eliminated to City’s satisfaction. (A) Failure to Comply. Contractor will not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. (B) 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, and not due to any act or omission by Contractor or its Subcontractors. 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. The Contract Price and the Contract Time will be equitably adjusted by Change Order to reflect the cost and delay impact occasioned by such suspension for convenience. However, the time for completing the Project will only be extended if the suspension causes or will cause delay in Final Completion. 13.3 Termination for Default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the Work within the Contract Time; or responsibility for any other material breach of the Contract requirements. (A) Notice. Upon City’s determination that Contractor is in default, City may provide Contractor and its surety written notice of default and intent to terminate the Contract. (B) Termination. Within seven calendar days after notice of intent to terminate for default has been given, unless the default is cured or arrangements to cure the default have been made and memorialized in writing, to City’s satisfaction, City may terminate the Contract by written notice to Contractor with a copy to Contractor’s surety. (C) 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, Contractor’s surety will be deemed to have waived its right to complete the Work under the Contract, and 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 McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 85 means that City determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination. In addition, City will have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work. (D) Wrongful Termination. 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 consequential damages, lost opportunity costs or lost profits. 13.4 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must: immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City’s instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. Subject to City’s directions in the notice, 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. Contractor must also promptly cancel, all existing subcontracts that relate to performance of the discontinued Work. (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 to date, 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. Actual and substantiated demobilization costs; and (3) Markup. Five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date. 13.5 Effect of Any Contract Termination. Upon any termination pursuant to this Article, City may enter upon and take possession of the Project and the Work. City may also take possession of, for the sole purpose of completing the Work, all of Contractor’s tools, equipment and appliances, and all materials on the Worksite or stored off the Worksite that will be incorporated in the Work. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, subm ittals of as-built drawings, instructions, or manuals, 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 section 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. section 15) or under the Cartwright Act (Chapter 2 (commencing with section McClellan Ranch West Parking Lot Improvement GENERAL CONDITIONS Project No. 2017-05 Page 86 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 that bids were due. END OF GENERAL CONDITIONS McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 87 Special Conditions 1. Existing Equipment. 1.1 Contractor will carefully remove all existing equipment from the Worksite. If the City specifies or indicates that equipment is to be salvaged and reused or to remain the property of City then the Contractor will reuse or return the equipment to the City. Contractor will store and protect salvaged equipment specified to be reused in the Work. Contractor will delivery to the City in good condition the equipment that is to remain City property but not be reused in the Work. 1.2 If an item specified to be salvaged is damaged during its removal, storage, or handling through carelessness or improper procedures, then Contractor will replace that equipment in kind or with a new item. For those items specified to be salvaged Contractor may choose to instead furnish and install new equipment, in which case the original, removed items will become Contractor’s property. Existing materials and equipment removed by Contractor will only be reused in the Work if so specified or indicated by the City. 2. Work Days and Hours. Work hours and noise pose a special concern for projects in residential neighborhoods. The City is very concerned for its residents and will diligently enforce the restrictions below. 2.1 Work Hours. 7:00 a.m.-5:00 p.m. local time, Monday through Friday; 9:00 a.m. – 5:00 p.m. on Saturdays, 9:00 – 4:00 p.m. Sundays and holidays. 2.2 Worker Arrival and Parking. Workers may arrive at the Worksite no earlier than 7:00 a.m. Violations of these requirements will result in a $3,000 dollar penalty to Contractor, per occurrence. 2.3 Equipment and Material Delivery and Off-Haul Hours. No equipment or material may be delivered or off-hauled except between the hours of 7:00 a.m. and 5:00 p.m. No equipment that has a safety back up beeper may be operated before 7:00 a.m. on any day. 2.4 Work Days Only. Work will only be performed on Work Days, as defined in the General Conditions, unless Contractor requests otherwise from City in writing at least 2 working days in advance, and City approves the request in its sole discretion. In the case of Work by Contractor after normal working hours, 2.5 Connections to Existing Facilities. Unless otherwise specified or indicated, Contractor will make all necessary connections to existing facilities, including structures, drain lines, and utilities such as water, sewer, gas, telephone, and electric. In each case, Contractor will receive permission from City or the owning utility prior to undertaking connections and coordinate as needed to accommodate the facilities operations. Contractor will protect facilities against deleterious substances and damage. 2.6 Noise Limitation. No non-construction noise will be allowed, this includes amplified music, radio or other noise not due to construction activities. 3. SUBMITTALS FOR QUALITY ASSURANCE. In the Technical Specifications, the City may specify quality assurance requirements, including qualifications for special skills and experience required of the Contractor. For any specified skill, the Contractor may use a subcontractor that specializes in the work and meets the performance requirements or McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 88 the Contractor may self-perform the work, subject to demonstrating the necessary skill, experience, and/or certifications to perform the work. The Contractor will submit verification that the materials and labor skills meet the specified requirements prior to implementing the specific work though the submittal process. 4. Parking Restrictions. Contractor and its Subcontractors may park only at City- designated stalls or areas. Parking anywhere else at the Project site will not be permitted. 5. 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: 5.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent; 5.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours; 5.3 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; 5.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer; 5.5 Draft baseline schedule for the Work as required under Section 5.2, to be finalized within 10 days after City issues the Notice to Proceed; 5.6 Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to Contractor; 5.7 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers; 5.8 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements; 5.9 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; 5.10 If requested by City, Contractor’s cash flow projections; and 5.11 Any other documents specified in the Special Conditions or Notice of Award. 6. Construction Manager Role and Authority. City will designate a Construction Manager to assist City in the management of the construction of the Project. The Construction Manager may perform services in the areas of supervising and coordination of the work of Contractor and/or other contractors, scheduling the Work, monitoring the progress of the Work, providing City with evaluations and recommendations concerning McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 89 the quality of the Work, recommending the approval of progress payments to Contractor, or other services for the Project in accordance with the Construction Manager’s contract with City. 6.1 Communications. Contractor must submit all notices and communications relating to the Work directly to the Construction Manager in writing. 6.2 On-Site Management and Communication Procedures. The Construction Manager will provide contract administration as an agent of City, and will establish and implement coordination and communication procedures among City, the Design Professional, Contractor, and others. 6.3 Contract Administration Procedures. The Construction Manager will establish and implement procedures for reviewing and processing requests for clarifications and interpretations of the Contract Documents, Shop Drawings, samples, other submittals, schedule adjustments, Change Order proposals, written proposals for substitutions, payment applications, and maintenance of logs. 6.4 Pre-Construction Conference. Contractor will attend the Pre-Construction Conference, during which the Construction Manager will review the Contract administration procedures and Project requirements. 6.5 Contractor’s Construction Schedule. The Construction Manager will review Contractor’s construction schedules and will verify that each schedule is prepared in accordance with the requirements of the Contract Documents. 7. Close Out Requirements. Contractor’s close out requirements include the following, if applicable: 7.1 Contractor must replace in kind, any existing striping within and adjacent to the Project site that is damaged during the Work. Partially damaged striping must be replaced in its entirety. 7.2 Contractor must replace any survey monuments that are damaged or removed during the Work, with a Record of Survey filed by a licensed land surveyor as required by California law. 7.3 Before removing any traffic control or street signs on the Project site, Contractor must take photographs showing their original locations. Upon completion of each phase of construction, Contractor must temporarily reset the signs at those locations. Contractor must then replace the signs permanently upon completion of the Work and the cost of their removal and replacement must be included in the Bid Proposal. END OF SPECIAL CONDITIONS McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 90 Special Environmental Conditions 1. SECTION INCLUDES: Requirements for compliance with environmental documents, resource agency standards, and related environmental regulations. 2. REFERENCES: Draft Mitigated Negative Declaration – See Appendix 3. ARCHAEOLOGICALLY SENSITIVE AREAS General: It is the intent of the City to comply with all State and Federal laws related to the protection of cultural resources. Contractor’s attention is directed to Section 106 of the National Historic Preservation Act of 1966 (36 CFR 800, revised 1999). California Public Resources Code Chapter 1.7, Section 5097.5 makes it a misdemeanor for anyone to knowingly disturb a historical feature. California Public Resources Code Sections 5097.98 and 5097.99 require protection of Native American remains which might be discovered and outline procedures for handling any burial found. The California Public Resources Code Section 5097.9 and Health and Safety Code 7050 require coordination with the State Native American Heritage Commission (NAHC). Contractor’s attention is directed to the fact that the project site is near an archaeologically sensitive area, but is not known to contain any archaeological or cultural resources. However, it is possible that the project could reveal as yet unknown prehistoric or historic archaeological resources. Work must comply with applicable measures. Additional requirements are noted below. A. Prior to the initiation of construction or ground-disturbing activities, the City will conduct a tailgate meeting to inform all construction personnel of the potential for exposing subsurface cultural resources and to recognize possible buried cultural resources. Personnel must be informed of the procedures that would be followed upon the discovery of suspected discovery of archaeological materials, including Native American remains and their treatment. 1. If all construction personnel are not available to attend the City conducted tailgate meeting prior to initiation of construction or ground-disturbing activities, the Contractor may video-tape the tailgate meeting to inform construction personnel not present at the tailgate meeting. Contractor is be responsible for and provide the following at no cost to the City: a. Video: i. The video must capture the presentation in such a manner to provide quality audio and visual information to all Contractors’ personnel working at the site to assure optimum training outcomes. Audio must be clear, consistent and audible without adjusting volume throughout the video delivery method. Extraneous noises not related to the City representative’s presentation must be limited. Visual images must be focused on the City’s representative and/or to a point of reference the City’s representative has called attention to. Visual quality should be clear, consistent and without distractions. Distractions include but are not limited to jittery, skipping or bumped images, over or under exposure or other visual quality impairments. McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 91 ii. A copy of the video must be provided by the Contractor to the City for City review and approval. Once approved by the City, the Contractor must provide the City with a copy of the video and the Contractor must maintain a copy of the approved video at the Project site until the Project is accepted by the City. b. Training coordination: At the City’s discretion, a City representative may be present at all video training occurrences. In order to facilitate City attendance, the Contractor must provide the City a minimum of five working days’ notice prior to conducting video training. c. Training certification: At the conclusion of the video training, each Contractor personnel must sign a training certification form that they have received and understood the training content. Contractor personnel must not be allowed on the Project site until Contractor personnel have received the training and signed the training certification form. The Contractor must maintain a binder of original signed training certification forms at the construction site and provide the City one copy of each original within 2 days of the training occurrence. The binder must become the training record. d. Training records: Access to Contractor training records may be requested by the City or a City representative at any time. Random checking of Contractor personnel on the job site by the City or City representative may occur at any time. Contractor personnel that have not received the training or do not have a signed training certification on file will be immediately removed from the Project site until such time that the Contractor demonstrates that Contractor personnel possess training certification as described above. Removal of Contractor personnel under this condition will be at no cost or schedule delay to the City. B. Upon discovery of possible buried prehistoric and historic cultural materials (including potential Native American skeletal remains), work within 25 feet of the find must be halted and the City must be notified. The City will retain a qualified archaeologist to review and evaluate the find. Construction work must not begin again until the archaeological or cultural resources consultant has been allowed to examine the cultural materials, assess their significance, and offer proposals for any additional exploratory measures deemed necessary for the further evaluation of, and/or mitigation of adverse impacts to, any potential historical resources or unique archaeological resources that have been exposed. If the discovery is determined to be a unique archaeological or historical resource, and if avoidance of the resource is not possible, the archaeologist must inform the City of the necessary plans for treatment of the find(s) and mitigation of impacts. The treatment plan must be designed to result in the extraction of sufficient non-redundant archaeological data to address important regional research considerations. The City will insure that the treatment program is completed. The work must be performed by the archaeologist and must result in a detailed technical report that must be filed with the Northwest Information Center, Sonoma State University. Construction in the immediate vicinity of the find must not recommence until treatment has been completed. If human remains are discovered, they must be handled in accordance with State law including immediate notification of the County Medical Examiner/Coroner. McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 92 C. All excavation contracts for the project must contain provisions for stop-work in the vicinity of a find exposing archaeological resources during subsurface construction. In addition, the contract documents must recognize the need to implement any mitigation conditions required by the permitting agency. In general, the appropriate construction conditions should be included in any contract that has the potential for ground disturbing operations. Full compensation for work involved in complying with the requirements of this section will be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefore, except for the following: Contractor labor, equipment and materials used in assisting an archaeologist, if required, will be paid for as extra work as provided in Doc. 00700 General Conditions. 4. TREE PROTECTION ZONES AND ENVIRONMENTALLY SENSITIVE AREAS Tree protection zones (TPZs) as noted elsewhere in the technical specifications construction documents, include installation of protective fencing and sensitive work within these areas, under the direction of the City and City’s Arborist. If for any reason construction requires the removal of a protected tree not already noted in the plans, a tree removal permit would have to be obtained in advance from the City. All requirements for removal as stated in the tree removal permit, including installation of replacement trees, would have to be followed. Contractor’s attention is directed to the fact that the project site is in a natural setting which includes wildlife that may be temporarily disturbed by construction activities. An Environmentally Sensitive Area (ESA) may be established if a sensitive or protected species establishes in the project area. If needed, the exact location of the boundaries of ESA(s) must be established by the City’s representative. Contractor must place temporary high visibility fence at the boundary of each ESA. Within the boundaries of the fenced ESA, no project related activities must take place. Contractor must preserve and protect the ESA at all times and is prohibited from entering fenced ESA for any purpose. This specifically prohibits vehicle access, storage, or transport of any materials, including hydrocarbon and lead contaminated materials or any other project related activities. An ESA must only be removed upon written direction from the Engineer. If Contractor’s work progress is delayed by reason of establishment of an ESA, it will be cause for a time extension if the delay affects the controlling item of work, per the General Conditions. 5. WILDLIFE PROTECTIVE MEASURES The environmental review process has identified biological measures that must be applied as wildlife protective measures and must be implemented before, during, and after construction. Contractor must comply with all project permits and the following provisions as a requirement of the Contract: A. Creek Corridor & Wetlands Contractor must take all reasonable precautions to prevent incidental incursions of personnel, equipment or materials into wetlands, creek channel areas and adjacent vegetation that are outside the noted work limits. Contractor must remain within designated work area limits during construction along creek areas within the project limits. No work is permitted below the top of bank unless specifically noted in the contract documents. McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 93 B. Western Pond Turtle, California Red-Legged Frog and San Francisco Dusky-footed Woodrat Special-status wildlife species could potentially be affected by project activities. All work must be performed in accordance with applicable permit and resource agency requirements and applicable regulations: The following avoidance measures must be implemented. • Preconstruction Survey. In the 2 days prior to the start of construction activities, a City-provided biologist will perform one daytime survey for California Red-Legged (CRLF), Western Pond Turtle (WPT) and San Francisco Dusky-footed Woodrat (woodrat). The entire work area including any burrows, rocks and woodpiles that may be disturbed by construction activities must be inspected for CRLF, WPT and woodrat. If CRLF is detected, work must be suspended and the U.S. Fish & Wildlife Service (USFWS) must be contacted on how to proceed. If during this survey WPT or woodrat are detected, the California Department of Fish and Wildlife (CDFW) should be contacted on how to proceed. If at any time during construction CRLF is detected, work must be suspended in the vicinity, Contractor must immediately notify the City and the U.S. Fish & Wildlife Service (USFWS) must be contacted on how to proceed. If during this survey, WPT or woodrats are detected, work in the vicinity must be suspended and the Contractor must immediately notify the City. City will provide a biologist or qualified monitor to assist in providing proper guidance and protection of the animal(s). In the past, CDFW has approved protocols for the WPT stating that if a turtle is detected, the turtle will be observed to determine if it is moving through the area in which it was detected or if the animal is occupying the habitat for nesting, foraging, or basking. During construction activities within the immediate area of the turtle detection, a City-provided biologist or qualified monitor will work with construction crews. If the animal is relocated during construction activities, the monitor will observe the turtle and alert work crews to delay work if it is within the work area or begins to move toward or into the work area. If the turtle appears to be traveling from upland habitat to a nearby aquatic site, work must cease until the turtle has traveled a safe distance from the immediate project site. The monitor must observe the animal from a distance to ensure it does not wander back into the work area. If the turtle is relocated and appears to be occupying the habitat within the project footprint for activities such as nesting, basking, or foraging, the City or its representatives will contact CDFW for guidance. If at any time during construction San Francisco dusky-footed woodrat are detected, work must be suspended in the vicinity and Contractor must immediately notify the City. City will provide a biologist or qualified monitor to assist in providing proper guidance and protection of the animal(s). CDFW should be contacted on how to proceed (since they are State Species of Special Concern). CDFW has generally accepted the following guidelines for avoidance/minimization of effects on San Francisco dusky-footed woodrat houses, listed in order of priority and implementation: • The project work will be rerouted to avoid the woodrat house by at least 50 feet. • If the work cannot be rerouted at least 50 feet from the house, it will be rerouted as far away from the house as possible but not closer than 5 feet McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 94 from the house. Safety and/or silt fencing (for houses downslope) will be erected around all houses within 25 feet of the construction activity to avoid impacts during construction. • If the project footprint must go directly through or within 5 feet of a house, CDFG should be consulted with one of the two following options: 1. If the house appears inactive seek approval from CDFW to dismantle the house and replace the lost resource by building an artificial house. One artificial house should be built for every one existing inactive house. 2. If the house appears active, approval will be sought from CDFW to: 1) trap the occupant(s) of the house, 2) dismantle the house, 3) construct a new artificial house with the materials from the dismantled house, and 4) release the occupant into the new artificial house. The new house should be placed as close to its original location as feasible and as far from the project footprint as necessary to be protected from construction activities. If the house is to be moved downslope of the project footprint, extra precautions should be taken, such as a plywood barrier, to stop falling/sliding materials from impacting the new house. Houses should only be moved in the early morning during the non- breeding season (October through February). If trapping has occurred for 3 consecutive nights and no woodrats have been captured, the house should be dismantled and a new house constructed. • Employee Education Program. An employee education program must be conducted prior to the initiation of project activities. The program must consist of a brief presentation by persons knowledgeable in federally listed and state special status species biology and legislative protection to explain concerns to contractors and their employees. The program would include the following: a description of WPT, CRLF, and woodrats and their habitat needs; an explanation of the status of these species and their protection under state and federal laws; and a list of measures to reduce impacts to wildlife during project activities. Crews must be instructed that if a CRLF is found, it is to be left alone and the project foreman and the City and U.S. Fish and Wildlife Service must be notified immediately. Likewise if a WPT or woodrat nest is found, it is to be left alone and the project foreman and the City must be notified immediately. Project crew is to sign a sheet for receipt of training. • If all project crews are not available to attend the City conducted employee education program prior to initiation of project activities, the Contractor may video-tape the employee education program to inform project crews not present at the employee education program. Contractor must be responsible for and provide the video-taping at no cost to the City as described under 1.02.A of these Special Environmental Conditions. • Speed Limit. Vehicles must not drive more than 5 miles per hour within the project area. If any woodrats, WPT or CRLF are seen in the path of a vehicle, the vehicle must stop until the animal is out of the path. Parked vehicles must be thoroughly checked underneath before they are moved to ensure that no protected wildlife is on the ground below the vehicle. Contractor must provide City with at least fifteen (15) and no more than thirty (30) days advance notice of planned start of construction activities so that Preconstruction Surveys noted above can be scheduled. A City-provided biologist will conduct the survey. McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 95 All pre-construction biological surveys are valid for a period of two (2) calendar days maximum, except as otherwise noted herein. Contractor must begin work within two (2) calendar days after the completion of the pre-construction surveys, or a new pre- construction survey for that species will be required. If the Contractor does not begin work within two (2) days after the completion of the original pre-construction surveys, the cost of the new pre-construction survey or surveys will be paid by the Contractor and such costs will be deducted from any money due or to become due to the Contractor. No additional time will be allowed for any delays that accrue due to the need for new pre- construction surveys. If Contractor’s work progress is delayed due to compliance with the requirements of this Section, it will be cause for a time extension if the delay affects the controlling item of work, per Document 00700, General Conditions. Contractor must provide City with at least fifteen (15) days advance notice of initiation of project activities so that the Education Program can be scheduled. City’s representative will conduct an Education Program in the City of Cupertino within two weeks of such notification. Contractor must be responsible for arranging for attendance by all personnel working at the site, including but not limited to subcontractors, foremen, superintendents, employees and contractor’s representatives. If subsequent Education Programs are needed because contractor personnel at the site have not received this required education, City reserves the right to charge Contractor for the cost. C. Bats Bats are protected by California Department of Fish and Game Code Section 4150 and are considered nongame mammals. Nongame mammals or parts thereof may not be taken or possessed except as provided by code or in accordance with adopted regulations. All work must be performed in accordance with the measure below. The following avoidance measure must be implemented: • Preconstruction Surveys. A pre-demolition survey for roosting bats must be conducted no more than 14 days prior to any construction and to any large tree removal during maternity season (March 1 to August 31). The survey must be conducted by a qualified City-provided biologist. City has retained a qualified biologist that will provide the preconstruction survey. D. Noise Contractor must limit work to the hours noted elsewhere in the contract documents. Any deviation from these hours must be approved in writing by City. Contractor must maintain and operate all equipment consistent with the manufacturer’s specifications. Construction equipment will include available noise suppression devices and properly maintained mufflers. Contractor must site fixed and mobile equipment to minimize noise emissions outside the right-of- way, and must minimize the staging of construction equipment and unnecessary idling of equipment in the vicinity of residences and other sensitive receptors. 6. RAPTORS AND OTHER NESTING BIRDS The Contractor is to note that nesting/breeding birds, including raptors, may be present in the project area. For all migratory birds except raptors, the nesting season in the project area is McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 96 considered to be from February 15th to August 31st. It is against the law to harm these birds or their eggs or active nests, and other wildlife, as per the Migratory Bird Treaty Act and the California Fish and Game Code. All work must be performed in accordance with the measures below. • Vegetation, tree, and building or structure removal activities within the project area should be scheduled if feasible to take place outside of the nesting season (Feb. 1 to Aug. 31) to avoid impacts to nesting birds. In order to avoid impacts to raptor nests during the non nesting season, a preconstruction survey of trees that could support raptor nests will be completed. The survey must be conducted by a City-provided biologist. Every attempt must be made to protect trees that contain raptor nests. • If construction is to occur during the nesting season, a qualified City-provided biologist must conduct a pre-construction survey for nesting raptors and other birds within 5 days prior to start of construction activities. If active nests are not present, construction activities can take place as scheduled. If more than 5 days elapse between the initial nest search and the beginning of construction activities, another nest survey must be conducted. If any active nests are detected, a biologist must determine the appropriate buffer to be established around the nest. CDFG generally accepts a 50-foot radius buffer around passerine and non-passerine bird nests, and up to a 250-foot radius for raptors, however the biologist must have the flexibility to reduce or expand the buffer depending on the specific circumstances. City’s biologist must conduct the required pre-construction survey. The Contractor must notify City at least fifteen (15) days and no more than thirty (30) days in advance of the date for any active construction activity at the project site to allow scheduling of the pre-construction surveys for nesting birds. The pre-construction wildlife survey in this section is valid for a period of two (2) calendar days maximum, except as otherwise noted herein. Contractor must begin work within two (2) calendar days after the completion of the pre-construction surveys, or a new pre-construction survey for that species must be required. If the Contractor does not begin work within two (2) days after the completion of the original pre-construction surveys, the cost of the new pre-construction survey or surveys will be paid by the Contractor and such costs will be deducted from any money due or to become due to the Contractor. No additional time will be allowed for any delays that accrue due to the need for new pre-construction surveys. • Raptors: If an active raptor nest is located during the raptor breeding season, (February 1 to August 31), Contractor must establish an ESA at approximately 250 feet around the active raptor nest, or as directed by City. • Other Nesting Birds: In the event that an active nest or roost is discovered in the construction areas, or in adjacent areas considered by the City biologist to be disturbed by construction, the Contractor must establish an ESA at approximately 50-feet around the nest or as directed by the City. No construction activity may occur within the ESA until City coordinates with appropriate authorities to develop alternatives to avoid take of the nest. Once consultation is complete, work may begin/resume when written permission is obtained from City to remove the ESA. The work site is may contain active nests. If construction is to begin during breeding season, a joint site walk will be held prior to initiation of construction activities, and after the pre-construction nesting survey. Active nests will be identified and jointly marked in the field at that time. McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 97 If Contractor’s work progress is delayed due to compliance with the requirements of this Section, it will be cause for a time extension if the delay affects the controlling item of work, per General Conditions. 7. BEE HIVES Bee hives are known to occur within trees and below ground in close proximity to and within the work limits. At the joint site walk referenced in Section 1.06 above, known existing bee hives will also be identified. Contractor must address stinging insects in their Safety Plan, and must conduct safety training and provide personal protective equipment (PPEs) for working around stinging insects as needed. Contractor must inform workers to be aware of bee hives and exercise caution not to disturb hives during work related activities. No hives must be disturbed outside the work limits. If a previously unidentified hive is discovered within the work limits, Contractor must notify the Engineer immediately and inform workers of the newly identified hive. In the event that a hive is disturbed, Contractor must notify the Engineer and conduct work in proximity of hive in accordance with the approved Safety Plan. The Contractor must be responsible for any work rescheduling, relocation or stoppages due to disturbance of a bee hive and must be expected to complete all work as specified elsewhere in these specifications. 8. SUDDEN OAK DEATH The Contractor is responsible for complying with any requirements regarding Sudden Oak Death (SOD), including any requirements from the Santa Clara Agricultural Commissioner or federal agencies regarding quarantines for plant material. The Contractor must be thoroughly familiar with the provisions of 7 CFR Part 301, Phytophthora Ramorum; Quarantine and Regulations (Federal Register Vol. 67, No. 31 6827-6837, dated Thursday, February 14, 2002), hereafter referred to as the Rules and Regulations. The Contractor must avoid activities that could result in a need to comply with the specified Rules and Regulations to the maximum extent practicable. In the event that a situation arises that cannot be avoided involving one or more of the quarantined species, soils or other regulated materials as defined therein, the Contractor must implement the provisions in the specified Rules and Regulations. Furthermore, the Contractor must contact the Santa Clara County Agriculture Commissioner (SCCAC) for additional information and direction. The Engineer must be notified immediately in the event a situation arises requiring compliance with the Rules and Regulations and subsequent notification of the SCCAC. Furthermore, documentation must be provided to the Engineer enumerating the steps taken to comply. The Contractor must follow precautionary measures to help limit the inadvertent spread of SOD disease, including but not limited to the following: a. Conduct operations during the dry season as much as possible and in a manner that will minimize and prevent wet soil, mud and plant material adhering to vehicles, equipment, and boots; utilize paved and rocked roads and landings to the extent possible. b. Inspect material and equipment before it enters the site to ensure that no host material (soil or attached pieces of plants) is being transported into the site. c. Completely clean all mud, dirt and soil from shoes, boots, vehicles and equipment that were used on any site within a SOD zone, to remove soil and any imbedded host plant material, prior to bringing such items to the work site. McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 98 d. Equipment coming from potentially SOD-infested sites must be completely cleaned of soil and plant material at that site and inspected carefully to ensure potential SOD-containing soil, or parts of plants, is not transported to the project site. e. All plants and all soil material that is brought to the site for use in the project must be from SOD- free sources and SOD-free regions, and must be able to provide appropriate documentation or certification. f. If Contractor equipment or forces have worked in a SOD zone: • Prepare and use sanitation kits consisting of chlorine bleach and water (10:90 mixture of bleach: water), Clorox Cleanup (registered trademark) or Lysol (registered trademark), a scrub brush, metal scraper, or boot brush; and plastic gloves. • Disinfect tools used in tree removal and pruning with Lysol spray, a 70% or greater solution of alcohol or a Clorox solution (1 part Clorox: 9 parts water, or Clorox Clean- up). If equipment such as a chain saw cannot be treated with disinfectants, consider running it through a non-host plant before leaving the infested site to break fee any lodged material. • Sanitize shoes, pruning gear, and other equipment before working in the project area. • Before leaving a SOD disease infected site, use all reasonable methods to sanitize gear and equipment. Scrape, brush, and/or hose off accumulated soil and mud from clothing, gloves, boots, and shoes. Remove mud, earth and plant debris by blowing out or power washing trucks and other equipment and vehicles. If complete on-site sanitation is not possible, finish decontaminating at a local power was facility or an isolated area in an equipment yard. • Additional information on Sudden Oak Death may be obtained by visiting http://suddenoakdeath.cnr.berkeley.edu/html/treatment___management.html. 9. HYDROLOGY AND FLOODING Much of the land along Stevens Creek including Blackberry Farm Park, McClellan Ranch Park, and some or all of the proposed work site, falls within a known flood plain and is subject to flooding during storm and high water events. Flooding can occur swiftly and with no advance notice. Upstream of the project site, the Santa Clara Valley Water District (SCVWD) operates the Stevens Creek Reservoir and Dam. SCVWD may choose to implement releases of water from the reservoir without notice that may exacerbate high water or flood conditions in the Stevens Creek Corridor. Flooding can inundate portions of the work site within the flood plain at any time during the rainy season. Furthermore, such flood waters can bring aquatic wildlife, including federally-threatened steelhead, into the work site. Steelhead are federally protected and any harm to them or to their habitat can result in severe penalties. Because of these circumstances, the Contractor must be prepared to completely clear the work site and to completely remove all equipment, tools, materials and other property from the work site if flooding conditions may occur. A special effort must be made to remove first any items that could harm water quality or harm wildlife should they come into contact with creek waters. Contractor must be prepared to implement such a clearing effort immediately, 24 hours per day, 7 days per week throughout the flood season (October 15 to April 30). It will be the Contractor’s responsibility to keep himself or herself apprised of weather and storm conditions during this time that could lead to a high water event. The Contractor’s attention is directed to the SCVWD website which contain information about reservoirs’ status at http://alert.valleywater.org/gageresv-cross.html., and information about stream guaging stations including an upstream Stevens Creek stream guage, Alert ID #1482 at http://alert.valleywater.org/gagestrm.html. The data are guaranteed as accurate but provide reference information that can be useful. McClellan Ranch West Parking Lot Improvement SPECIAL CONDITIONS Project No. 2017-05 Page 99 10. SCHEDULE AND COMPENSATION Full compensation for work involved in complying with the requirements of this Section will be considered as included in the contract prices paid for the various items of work involved and no additional time or compensation will be allowed therefor. If Contractor’s work progress is delayed due to compliance with the requirements of this Section, it will be cause for a time extension if the delay affects the controlling item of work, per the General Conditions. END OF SPECIAL ENVIRONMENTAL CONDITIONS McClellan Ranch West Parking Lot Improvement PROJECT FORMS Project No. 2017-05 Page 100 Project Forms Contractor must use the Project forms provided with these Contract Documents, as specified in the Contract Documents, in addition to any City-required forms provided at the pre-construction conference. The following forms are included in the Project manual: Substitution Request Form Indemnity Agreement (Site Investigation) Release of Claims Form McClellan Ranch West Parking Lot Improvement SUBSTITUTION REQUEST FORM Project No. 2017-05 Page 101 Substitution Request Form This Substitution Request Form must be used for each requested substitution, including pre-bid and post-award requests. Reference Section 12 of Instructions to Bidders and/or Section 7.7 of the General Conditions for applicable substitution request requirements. The form must be completed fully and legibly as directed using additional pages if needed, dated, signed and submitted with all attachments via _____________________________<email/mail/other> to _____________________________<name and title> at ____________________________<email/address>. 1. Bidder/Contractor Name: 2. Subcontractor/supplier Name (if applicable): 3. Precisely identify by Specification, Drawing and/or detail number(s) the specified item that is the subject of this request (the “Specified Item”): 4. Identify and describe the proposed substitution (“Proposed Substitution”): 5. Explain the reason for requesting substitution of the Specified Item: 6. Explain why the Proposed Substitution is equal or superior to the Specified Item. Attach manufacturer’s literature, including complete technical data and laboratory test results, if applicable. 7. Describe the differences between the Proposed Substitution and the Specified Item: _____________________________________________________________________________ 8. Provide complete and specific information on changes to Drawings and Specifications that will be required for the Proposed Substitution, attaching separate sheets, including drawings, as needed: _____________________________________________________________________________ _____________________________________________________________________________ 9. Explain how the Proposed Substitution will affect dimensions shown on the Drawings: 10. Are the manufacturer’s guarantees and warranties on the Proposed Substitution equal or superior to those on the specified items? ___Yes / ___No If yes, describe each difference in detail: 11. If approved, what effect will the substitution have on other contractors, trades, or suppliers? 12. Will granting the requested substitution cause any schedule delay? ___Yes / ___No If yes, explain: ___________________________________________________________________________ McClellan Ranch West Parking Lot Improvement SUBSTITUTION REQUEST FORM Project No. 2017-05 Page 102 13. What is the estimated increase or decrease in the Contract Price if the Proposed Substitution is approved? Increase cost by $_____________ or Decrease cost by $______________ or No change________________ 14. If the Proposed Substitution has a color or pattern, provide a color board showing Proposed Substitution in relation to the other adjacent colors and patterns. 15. List each document attached to this Substitution Request Form: By signing below, the Bidder or Contractor submitting this request for substitution certifies that the function, appearance, and quality of the Proposed Substitution is equivalent or superior to those of the Specified Item. Submittal Date: ________________________ Submitted by: Bidder/Contractor Name Signature Accepted Accepted as Noted Not Accepted Received Too Late Name / Title Address City/State/Zip Telephone: Date: Email: By: City’s Representative Date: Remarks: END OF DOCUMENT McClellan Ranch West Parking Lot Improvement INDEMNITY AGREEMENT Project No. 2017-05 Page 103 Indemnity Agreement (Site Investigation) This Indemnity Agreement for site investigation (“Agreement”) is entered into by and between the City of Cupertino (“City”) and _______________________, a licensed contractor and potential bidder (“Bidder”) for the City’s ________________ Project (“Project”), and is effective upon approval and execution by City, below. In consideration of City’s permitting Bidder to have access to, and to conduct investigations, tests and/or inspections on, the Project Site (“Site”), Bidder hereby agrees as follows: 1. To the fullest extent permitted by law, Bidder will 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, 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 investigation of the Site, including, but not limited to, testing, inspections, ingress or egress (collectively, “Site Investigation”), by Bidder, its employees, prospective or current subcontractors, representatives, or agents regardless of any contributory negligence by any Indemnitee. 2. Bidder assumes all risk for any injury or damages arising from Bidder’s entry onto or activities at the Site, and fully waives and releases the City from any liability for any injury or damages arising from or pertaining to existing conditions at the Site. Bidder waives the provisions of California Civil Code Section 1542 which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor. 3. Bidder will promptly repair any damage to the Site or adjacent property resulting from the Site Investigation, and comply with and be subject to all other requirements set forth in section 8.4, of the Instructions to Bidders (Pre-Bid Investigation). 4. Bidder has attached a certificate(s) of insurance evidencing insurance coverage that meets or exceeds the insurance requirements included in the Project General Conditions, using a form or forms acceptable to the City. 5. This Agreement is fully effective and binding on Bidder regardless of whether Bidder submits a bid for the Project, and regardless of whether Bidder is awarded a contract for the Project. _________________________________________ Bidder Business Name Signature Name/Title (If Corporation: Chairman, President or Vice President) _______________________________________ Date Signature Name/Title (If Corporation: Secretary, Assistant Secretary, Chief Financial Officer or Assistant McClellan Ranch West Parking Lot Improvement INDEMNITY AGREEMENT Project No. 2017-05 Page 104 Agreed and Approved by the City of Cupertino: ___________________________________ ____________________________ Signature Date ___________________________________ Name/Title McClellan Ranch West Parking Lot Improvement RELEASE OF CLAIMS Project No. 2017-05 Page 105 Release of Claims If required by the City of Cupertino for the above-referenced project (“Project”), this Release of Claims form must be completed as indicated, signed and submitted with Contractor’s payment application pursuant to Section 8.9 of the Contract General Conditions. Unless otherwise specified, all defined terms in this Release of Claims form have the same meaning as stated in Article 1 of the Contract General Conditions. Contractor Name: __________________________ Payment Application Number: __________________________ Amount Requested: $_________________________ 1. Undisputed Amounts. Upon receipt of all undisputed amounts (“Undisputed Amounts”) from the City of Cupertino (“City”) for Work included in the above-referenced payment application, Contractor releases all claims against the City that relate to the Undisputed Amounts. Contractor’s release is a full, final, and general release of all claims, demands, actions, causes of action, obligations, costs, additional compensation, extension of the Contract Time, expenses, damages, losses and liability against the City, its City Council, collectively and individually, and all of City’s officers, officials, employees, consultants, inspectors, agents, representatives, assignees or transferees with respect to the Undisputed Amounts. 2. Civil Code Waiver. With respect to the above release for the Undisputed Amounts, Contractor waives the provisions of Civil Code section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” 3. Disputed Claims. Pursuant to Public Contract Code section 7100, Contractor’s release and waiver of the claims related to the Undisputed Amounts does not extend to disputed contract claims in stated amount excluded by Contractor, as follows: Claim No. Date Amount Claimed Description [Information may be attached on a separate page] 4. Legal Effect. By signing below, Contractor agrees that this Release of Claims will operate as a complete defense for City against any later attempts to seek recovery or damages of any kind against City that relate to the Undisputed Amounts. 5. Authorization and Execution. This Release of Claims must be signed by Contractor’s authorized representative. If Contractor is a partnership this Release of Claims must be signed in the partnership name by a general partner with authority to bind the partnership. If Contractor is a corporation this Release of Claims must be signed with the legal name of the corporation, McClellan Ranch West Parking Lot Improvement RELEASE OF CLAIMS Project No. 2017-05 Page 106 followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Release of Claims, under California Corporation Code section 313. Each individual signing below warrants that he or she is fully authorized to execute this Release of Claims on behalf of Contractor and that it will be binding against Contractor. Contractor hereby agrees to all terms and conditions of this Release of Claims: _________________________________________ Contractor Business Name Signature Name/Title (If Corporation: Chairman, President or Vice President) _______________________________________ Date Signature Name/Title (If Corporation: Secretary, Assistant Secretary, Chief Financial Officer or Assistant Agreed and Approved by the City of Cupertino: ___________________________________ ____________________________ Signature Date ___________________________________ Name/Title "/ "/ "/"/ 0 1,500 3,000 4,500 6,000750Feet !"#$280 STEVENS CREEK BLVD. (SCB)btwn BUBB RD. & FOOTHILL BLVD.NO TRUCKS ANYTIME Foothill Blvd. UnderpassN/B 15'-2" Foothill Blvd. UnderpassS/B 15'-4" ·|}þ85 MCCLELLAN RD btwnCLUB HOUSE LANE & TRESSLER CTNO TRUCKS ANYTIME All TRUCKS SHALL COMPLY WITH SECTION 11.32 OF THE CUPERTINO MUNICIPAL CODE DE ANZA BLVD WOLFE RD FOOTHILL BLVD TANTAU AVE HOMESTEAD RD STEVENS CREEK BLVD MCCLELLAN RD FINCH AVE BUBB RD Perimeter Underpass (Private)Vallco Square Clearance 10'-0" Wolfe Road Overpass (Pedestrian)Vallco Square Clearance 15'-0" SR 85btwn Hwy 280 & 101 NO TRUCKS ANYTIME RAINBOW DR STELLING RD Legend "/Bridge - Low Clearence Designated Truck Route No Trucks > 3 Tons from 7 AM-9:30 AM or 2 PM-4 PM No Trucks Any Time CITY OF CUPERTINO TRUCK TRAFFIC RESTRICTIONS ± City Boundary CRISTO REYNO TRUCKS ANYTIME McClellan Ranch West Parking Area Draft Mitigated Negative Declaration Page 1 PUBLIC WORKS DEPARTMENT Timm Borden, Director CITY HALL 10300 TORRE AVENUE ~ CUPERTINO, CA 95014-3266 (408) 777-3354 ~ FAX (408) 777-3333 DRAFT CITY OF CUPERTINO MITIGATED NEGATIVE DECLARATION As provided by the Environmental Assessment Procedure adopted by the City Council of the City of Cupertino on May 27, 1973, and amended on March 4, 1974, January 17, 1977, May 1, 1978, and July 7, 1980, the City of Cupertino City Council has reviewed the proposed project described below to determine whether it could have a significant effect on the environment as a result of project implementation. “Significant effect on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affect by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15382). PROJECT INFORMATION AND LOCATION Project Name: McClellan Ranch West Parking Area Applicant: City of Cupertino Location: City of Cupertino PROJECT DESCRIPTION The project proposes to construct a 47-space parking area, including a 27-space main parking area and an approximately 20-space overflow parking area, on an approximately 1.4-acre site that is currently used as an overflow parking area for activities at the McClellan Ranch Preserve (Preserve). The main parking area would be paved with permeable concrete and the overflow parking area would be covered with gravel. The main and overflow parking areas would be constructed on approximately 0.53 acres of the 1.4-acre project site with the remaining areas dedicated for restoration planting. The main parking area would be open daily to staff and visitors to accommodate normal public hours for the creek corridor and the Preserve. The existing driveway onto McClellan Road would provide access to the project site. McClellan Ranch West Parking Area Draft Mitigated Negative Declaration Page 2 FINDINGS OF DECISIONMAKING BODY The City Council finds the project described is consistent with the General Plan and will not have a significant effect on the environment based on the analysis completed in the attached Initial Study. The City, before the public release of this draft Mitigated Negative Declaration (MND), has agreed to make project revisions that mitigate the project’s effects to a less than significant level. The City agrees to implement the mitigation measures identified in the attached Initial Study and summarized below. Biological Resources: Impact BIO-1: If present within the creek or adjacent upland habitat, California red-legged frog, western pond turtle, and/or woodrat could be impacted by construction-related activities. MM BIO 1.1 Employee Education Program. An employee education program shall be conducted prior to the initiation of project activities. The program shall consist of a brief presentation by persons knowledgeable in federally listed and state special status species biology and legislative protection to explain concerns to contractors and their employees. The program would include the following: a description of California red-legged frog, western pond turtle, and woodrat and their habitat needs; an explanation of the status of California red-legged frog, western pond turtle, and woodrat and their protection under state and federal laws; and a list of measures being taken to reduce impacts to California red-legged frog, western pond turtle, and woodrat during project activities. Crews shall be instructed that if a California red-legged frog is found, it is to be left alone and the project foreman, City, and the USFWS must be notified immediately. Likewise, if a western pond turtle, or woodrat nest is found, it is to be left alone and the project foreman, City, and CDFW must be notified immediately. MM BIO 1.2: ESA Fencing. Project shall include the installation of Environmentally Sensitive Area (“ESA”) fencing along creek bank to assist in excluding potential California red-legged frog and western pond turtle, from the construction zone. ESA fencing shall be buried at the base to prevent animals from moving under it. ESA fencing shall be maintained in good and stable condition throughout active construction. Nominal 1.5 to 3 foot tall silt fence type material is acceptable. MM BIO 1.3: Speed Limit. Vehicles shall not drive more than five miles per hour within the project area. If any California red-legged frog, western pond turtle, or woodrat are seen in the path of a vehicle, the vehicle shall stop until the animal is out of the path. Parked McClellan Ranch West Parking Area Draft Mitigated Negative Declaration Page 3 vehicles shall be thoroughly checked underneath before they are moved to ensure that no California red-legged frog, western pond turtle, or woodrat are on the ground below the vehicle. PUBLIC REVIEW PERIOD The 30-day public circulation period for the Initial Study and draft MND began on June 8, 2018 and ended on July 9, 2018. Timm Borden Director of Public Works CERTIFICATE OF THE CITY CLERK This is to certify that the above Mitigated Negative Declaration was filed in the Office of the City Clerk of the City of Cupertino on City Clerk Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 00 00 10 – 1 Technical Specifications Table of Contents SECTION 00 00 10 – TECHNICAL SPECIFICATION TABLE OF CONTENTS DIVISION 01 – GENERAL REQUIREMENTS SECTION 01 56 39 – TEMPORARY TREE PROTECTION DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES SECTION 06 10 00 – CARPENTRY DIVISION 09 – FINISHES SECTION 09 93 00 – WOOD STAINING DIVISION 26 – ELECTRICAL SECTION 26 05 00 – GENERAL ELECTRICAL REQUIREMENTS SECTION 26 05 19 – LINE VOLTAGE WIRE AND CABLE SECTION 26 05 26 – GROUNDING SECTION 26 05 42 – CONDUITS, RACEWAYS & FITTINGS SECTION 26 05 43 – UNDERGROUND DUCTS SECTION 26 05 44 – IN-GRADE PULL BOXES SECTION 26 51 00 – LIGHTING DIVISION 31 – EARTHWORK SECTION 31 10 00 – SITE CLEARING SECTION 31 20 00 – EARTH MOVING SECTION 31 23 00 – TRENCHING, BACKFILLING, AND COMPACTING SECTION 31 25 00 – EROSION & SEDIMENT CONTROL (sheet specifications) DIVISION 32 – EXTERIOR IMPROVEMENTS SECTION 32 11 23 – AGGREGATE BASE COURSES SECTION 32 13 13 – CONCRETE PAVING SECTION 32 13 14 – PORTLAND CEMENT PERVIOUS CONCRETE PAVING SECTION 32 17 23 – PAVEMENT MARKINGS & SIGNS SECTION 32 14 40 – STABILIZED DECOMPOSED GRANITE PAVING SECTION 32 18 13 – PERMEABLE BASE SECTION 32 80 00 – IRRIGATION WORK SECTION 32 90 00 – PLANTING WORK END OF SECTION 00 00 10 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 01 56 39 – 1 Temporary Tree Protection SECTION 01 56 39 TEMPORARY TREE PROTECTION PART 1 – GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Subcontract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. B. City of Cupertino Protected Tree Ordinance No. 07-2003 C. Related Sections 1. SECTION 31 10 00 – SITE CLEARING 2. SECTION 31 20 00 – EARTH MOVING 3. SECTION 32 80 00 – IRRIGATION WORK 4. SECTION 32 90 00 – PLANTING 1.02 DESCRIPTION OF WORK A. Protection and operational requirements of working around existing trees, as shown on the plans. Including but not limited to protection of root zones, tree trunk and canopy. B. These tree protection specifications apply to any existing tree on site that will not be removed and will be within or near any area where demo or construction will occur. This includes any tree that is not located in an area that is completely fenced off from construction with a perimeter construction fence. If any portion of the canopy of a tree outside the construction zone overhangs a perimeter construction fence, these specifications shall apply to such trees as well. C. Preconstruction reviews. D. Tree protection fencing and other requirements of tree protection measures. E. Pruning, irrigation and maintenance during construction. 1.03 REFERENCED STANDARDS A. American Society of Consulting Arborists (ASCA). B. Best Management Practices. Tree Pruning. 2008. International Society of Arboriculture, PO Box 3129, Champaign, IL 61826-3129. 217-355-9411. C. ANSI Z1331 American National Standards for Tree Care Operations. 2006 Edition. National Arborist Association, Inc. American National Standards Institute, 11 West 42nd St., New York, New York, 10036. (Covers safety). D. ANSI A300 Pruning Standards. 2008 Edition. Ibid. (Covers tree care methodology). E. Pruning practices shall conform to recommendations “Structural Pruning: A Guide for the Green Industry”; Published by Urban Tree Foundation, Visalia, California; most current edition. F. Glossary of Arboricultural Terms, International Society of Arboriculture, Champaign IL, most current edition. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 01 56 39 – 2 Temporary Tree Protection 1.04 DEFINITIONS A. Reasonable and reasonably: When used in this specification is intended to mean that the conditions cited will not affect the establishment or long term stability, health or growth of the plant. This specification recognizes that plants are not free of defects, and that plant conditions change with time. This specification also recognizes that some decisions cannot be totally based on measured findings and that profession judgment is required. In cases of differing opinion, the City’s Representative expert shall determine when conditions within the plant are judged as reasonable. B. Shrub: Woody plants with mature height approximately less than 25 feet. C. Tree and Plant Protection Area: Area surrounding individual trees, groups of trees, shrubs, or other vegetation to be protected during construction, and defined by a circle centered on the trunk with each tree with a radius equal to the crown dripline unless otherwise indicated by the City’s Representative. D. Tree: Single and multi-stemmed plants, including palms with anticipated mature height approximately greater than 25 feet or any plant identified on the plans as a tree. 1.05 SUBMITTALS: A. Tree Fencing Plan. B. Product Data: Submit manufacturer product data and literature describing all products required by this section to the City’s Representative for approval. Provide submittal four weeks before the start of any work at the site. 1.06 PRE-CONSTRUCTION CONFERENCE A. Prior to commencement of any construction activities, schedule a pre-construction meeting with the City’s Representative. Review of tree protection measures and project work schedule, as well as any questions the contractor may have will be discussed. 1. The following shall attend the conference: i. General Contractor ii. Landscape Architect iii. Subcontractors, including those involved with demolition, earthwork, planting and irrigation. iv. Subcontractors responsible for work in areas adjacent to the existing trees to remain. B. Prior to this meeting, mark all trees to remain. Provide sample of tree protection zone fencing for review. 1.07 QUALITY ASSURANCE A. Contractor qualifications 1. All pruning, branch tie back, tree removal, root pruning, and fertilizing required by this section shall be performed by or under the direct supervision of ISA Certified Arborist. Submit for approval by the City’s Representative. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 01 56 39 – 3 Temporary Tree Protection PART 2 – PRODUCTS 2.01 PROTECTION FENCING A. As shown on the plans, or as directed by the City’s Representative. B. 2” diameter steel or lodgepole pine posts. 2.02 SIGNAGE A. Laminated 8 ½” x 11 paper or metal. B. Heavy-duty cardboard signs, 8.5 inches x 11 inches, white colored background with black 2 inch high or larger letters block letters. The signs shall be attached to the tree protection fence every 50 feet o.c. C. The tree protection sign shall read “Tree Protection Zone - Keep Out” in 2” high or larger letters. Beneath this in ¾” high letters, sign shall read: “No unauthorized entry, storage of construction materials or debris, or vehicle or equipment will be allowed within fence. See “Tree Protection Specifications”. 2.03 MATTING A. Matting for vehicle and work protection shall be heavy duty matting designed for vehicle loading over tree roots, Alturnamats as manufactured by Alturnamats, Inc. Franklin, PA 16323 or approved equal. B. Submit supplier’s product data that product meets the requirements for approval. 2.04 GEOGRID A. Geogrid shall be woven polyester fabric with PVC coating, Uni-axial or biaxial geogrid, inert to biological degradation, resistant to naturally occurring chemicals, alkalis, acids. 1. Geogrid shall be Miragrid 2XT as manufactured by Ten Cate Nicolon, Norcross, GA. http://www.tencate.com or approved equal. B. Submit supplier’s product data that product meets the requirements for approval. 2.05 FILTER FABRIC A. Filter Fabric shall be nonwoven polypropylene fibers, inert to biological degradation and resistant of naturally occurring chemicals, alkalis and acids. 1. Mirafi 135 N as manufactured by Ten Cate Nicolon, Norcross, GA. http://www.tencate.com or approved equal. B. Submit supplier’s product data that product meets the requirements for approval. 2.06 MULCH A. Mulch shall be coarse, ground, from tree and woody brush sources. The minimum range of fine particles shall be 3/8 inch or less in size and a maximum size of individual pieces shall be approximately 1 to 1-1/2 inch in diameter and maximum length of approximately 4 to 8 inches. No more that 25% of the total volume shall be fine particles and no more than 20% of total volume be large pieces. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 01 56 39 – 4 Temporary Tree Protection B. Submit supplier’s product data that product meets the requirements and one quart sample sealed in a container, for approval. PART 3 – EXECUTION 3.01 GENERAL TREE PROTECTION A. Prior to construction activities, the General Contractor shall hire a Project Arborist to prepare an Arborist Report and Evaluation of the existing trees designated on the plans to remain and be protected. The Project Arborist shall be contracted to perform observation services throughout the project schedule, including but not limited to the following: 1. Pre-construction conference. 2. Tree Protection Zone / Fencing Review meeting. 3. Monthly progress evaluations and field report. 4. On-site observation and review as needed during construction activities. 5. Valuation of any trees damaged during construction. B. The General Contractor is responsible to see that these tree protection specifications are implemented and that all people working at the site are aware and adhere to these specifications. A copy of these Specifications is to remain and be accessible at the site at all times. C. The General Contractor is responsible for coordination of all subcontractors that may impact tree health. D. Contractor shall repair or replace all existing trees, shrubs, or ground cover vegetation not designated for removal that are damaged by construction operations, in a manner acceptable to City’s Representative. This may include the hiring of a licensed arborist by the Contractor to provide repair recommendations, per the discretion of the City’s Representative. E. The Tree and Plant Protection Area or Zone is defined as all areas indicated on the tree protection plan. Where no limit of the Tree and Plant Protection area is defined on the drawings, the limit shall be the drip line (outer edge of the branch crown) of each tree. 1. Prior to any construction activity at the site including utility work, grading, storage of materials, or installation of temporary construction facilities, install all tree protection fencing, Filter Fabric, silt fence, tree protection signs, Geogrid, Mulch and / or Wood Chips as shown on the drawings, or as designated by the Project Arborist. F. No vehicle parking or equipment storage shall be allowed within drip lines of trees not designated for removal. 1. If unavoidable vehicle traffic within the tree protection zone is necessary, protection of the soil to reduce compaction must be accomplished through one of the following: i. Apply 6-12” of woodchip mulch to the area ii. Lay plywood or 4x4 wood beams over a 4” thick layer of wood chip mulch iii. Apply 4 to 6” of gravel over a taut, staked geotextile fabric Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 01 56 39 – 5 Temporary Tree Protection iv. Placing commercial matting on top of a 4” thick woodchip mulch later. 2. Materials exceeding 4” in depth shall be removed after work in the area has been completed, to allow the roots to breath. G. No dumping of cement tailings, chemicals or other waste products into any future landscape area and the tree protection area. Storage of building materials, refuse, excavated spoils or dumping of poisonous materials on or around trees and roots. Poisonous materials include, but are not limited to, paint, petroleum products, concrete or stucco mix, dirty water or any other material which may be deleterious to tree health. H. The use of tree trunks as a winch support, anchorage, as a temporary power pole, sign posts or other similar function is prohibited within the tree protection fence. I. Trees to be removed/demolished may be chipped on site. Store chips onsite in an area designated by the Owners Representative or within tree protection zones. These chips may be used as mulch for trees to remain as determined by the Owners representative or consulting arborist. Trees with allelopathic inhibitors, such as Black Walnut or Eucalyptus, are not allowed to be chipped and used on site, but must be hauled off site. J. Any damage or injury to trees shall be reported within six hours (6 hr.) to the Project Arborist and job superintendent so that mitigation can take place. All mechanical or chemical injury to branches, trunk or to roots over two inches (2”) in diameter shall be reported in the monthly inspection report. 1. Root injury: SEE 3.04 Root Treatment 2. Bark or trunk wounding: Current bark tracing and treatment methods shall be performed by a qualified tree care specialist within two (2) days. 3. Scaffold branch or leaf canopy injury: Remove broken or torn branches back to an appropriate branch capable of resuming terminal growth within five (5) days. If leaves are heat scorched from equipment exhaust pipes, consult the Project Arborist within six hours (6 hr.). 3.02 PRE-DEMOLITION/CONSTRUCTION A. The demolition contractor shall meet with the City’s Representative/Project Arborist before beginning work to discuss work procedures and tree protection. No cutting of any part of project trees, including roots, shall be done without securing approval and direct supervision from the Project Arborist. Contractor shall notify the Project Arborist a minimum of 72 hours in advance of any construction activity within the tree protection zone. B. Contractor shall tag and identify existing trees which are to remain within the project limits and within the public right-of-way PRIOR to start of any work. Tree Protection fencing as described in 3.01 D shall be installed. C. Existing groundcover or lawn shall be left in place and not ripped out until necessary and permanent irrigation and mulch is installed. When clearing is required, it shall be accomplished with hand-operated equipment. D. Soil Moisture / Irrigation 1. Contractor shall ensure trees that will be near construction or demo disturbance are well hydrated before any demo or construction work begins. 2. Irrigate the trees if necessary approximately 2 weeks before any work will begin if the soil is not moist to at least 12” below the surface. This will help the trees go into Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 01 56 39 – 6 Temporary Tree Protection the project strong and not drought-stressed, so they will be better able to weather any damage they may experience. The frequency and amount of water will depend upon the weather, the damage to the tree, and the soil moisture status. The arborist can provide directions for irrigation depending upon tree condition just prior to construction, site conditions, weather and other factors. Be prepared to supply the trees with irrigation and / or non-recycled water from a water truck at least several times per week during the normally rainless months, as well as if there is insufficient rain during the normal wet season. 3. Alternatively, sub-surface irrigation may be used at regular specified intervals by injecting on approximate three foot (3’) centers, ten gallons (10 gal) of water per inch trunk diameter within the tree protection zone. Duration shall be until project completion or monthly until seasonal rainfall totals at least eight inches (8”) of rain, unless specified otherwise by the Project Arborist. 4. The contractor shall confirm the soil moisture levels with a moisture meter. If the moisture is too high, suspend operations until the soil moisture drains to below field capacity. 5. The Contractor shall be fully responsible to ensure that adequate water is provided to all plants to be preserved during the entire construction period. Adequate water is defined to be maintaining soil moisture above the permanent wilt point to a depth of 8 inches or greater. 6. The Contractor shall adjust the automatic irrigation system, if available, and apply additional water, using hoses or water tanks as required. 7. Periodically test the moisture content in the soil within the root zone to determine the water content. E. Pruning 1. Pruning shall be performed by a qualified tree service with an ISA Certified Arborist on staff, in a supervisory position for the work, and pre-approved by the Project Arborist. The tree pruner shall follow the most current version of the arboriculture industry standards- See References. 2. Pruning protected trees prior to construction should be as little as possible, and only what is required for demolition and construction clearance from structures, activities, or building encroachment. Trees shall be pruned to reduce hazards and develop a strong framework. Aesthetic pruning can be done later, if necessary. Branches that must be shortened should be cut back to appropriately sized lateral branches whenever possible, and not to stubs. 3. If urgent pruning is necessary for immediate construction clearance this may be done by the general or demolition contractor. In this case a short stub should be left which can be removed by a qualified tree service at a later time. Please consult with the arborist prior to such pruning. 4. Where temporary clearance is needed for access, branches shall be tied back to hold them out of the clearance zone. 5. Pruning shall not be performed during periods of flight of adult boring insects because fresh wounds attract pests. Pruning shall be performed only when the danger of infestation is past. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 01 56 39 – 7 Temporary Tree Protection 6. Pruning cuts that expose heartwood and are larger than 4” in diameter shall be avoided. 7. No more than 25% of foliage shall be removed within the trees. 8. Interior branches shall not be stripped out. 9. Tree(s) to be removed that have branches extending into the canopy of tree(s) to remain must be removed by an International Society of Arboriculture (ISA) qualified arborist or tree worker and not by demolition or construction contractors. The qualified arborist shall remove the tree in a manner that causes no damage to the tree(s) and understory to remain. 10. Where tree specific disease vectors require, sterilize all pruning tools between the work in individual trees, per ISA standards. F. Tree Root Pruning 1. Root prune as directed by the Project Arborist, only if required. G. Mulch 1. Refer to 3.06 MULCH below for further information. H. Fertilizer 1. Apply a single dose of fertilizer to protected trees per the Project Arborist recommendation prior to construction, if required. 3.03 FENCING AND SIGNAGE A. Before any construction may commence, the Contractor shall provide and install temporary fencing to protect all existing trees and vegetation not designated for removal. Protective fencing shall be placed at the drip-line of trees and vegetation per the drawings. B. Install fencing at dripline of tree, set in metal frame panels on movable core drilled concrete blocks unless otherwise directed by the Project Arborist. Leave one moveable frame to act as a gate. OR C. Installation of fencing within the tree drip line shall be done with a post-hole digger. Poles are to be driven 18”-24” into the ground so they are not easily removed. Spacing shall not exceed 10 feet on center. In the event a root of 2” and greater in diameter is encountered during this process, the hole should be shifted a minimum of 12” and the process repeated. If this is not possible, provide TREE ROOT TREATMENT below. D. If fence must be placed on an impermeable surface, the post must be inserted into post stands. If the impervious surface is later removed, the posts must be replaced into the ground per the drawings. E. Allow a 24” gap between one set of posts to provide access for tree work and monitoring. F. If it is not possible to fence a tree, then the Contractor shall warp the trunk with 2” x 6-12” vertically stacked lumber from the ground up, with a gap of 1” to 2” between the boards, fastened to the tree with rope or metal straps at the top, bottom and middle of its height. The lumber is then wrapped in 2 layers of orange plastic ski fencing. Such trees also require ground protection underneath as much of the dripline as possible as specified in 3.01C. G. Tree protection signage shall be posted on the fencing every 25 feet and attached with ties on all four corners. Signage shall proclaim that there shall be no unauthorized work or Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 01 56 39 – 8 Temporary Tree Protection persons within the tree protection zone, no dumping of chemicals or storage of materials or equipment, and who to contact regarding this. 3.04 TREE ROOT TREATMENT A. Preconstruction root exploration is necessary for all existing trees adjacent to trenching, grade reduction or other activities that require exposure or removal of soil from the critical root zone. Roots shall be located using non-invasive exploration procedures, such as hand digging using small tools, pressurized water or a pneumatic air device, such as an Air- Spade®. This tool uses compressed air to displace soil without damage to roots. Once exposed, the roots can be examined and determinations by the City’s Representative and/or the Project Arborist are made regarding the feasibility of root removal or root severance. B. Contractor shall notify the City’s Representative if any roots over 2” in diameter are required to be cut. In this case, all work within the drip line of the tree shall be suspended until notified by the City’s Representative and/or Project Arborist. C. Methods of root pruning (in order of preference): 1. Selective root cutting after exposing the roots as indicated in 3.04A, leaving roots in tact (digging underneath) when possible. 2. Cutting roots with a root cutting machine (e.g. Dosco or Vermeer root pruner) along a predetermined line on the surface. Cleanly cut necessary roots. Bark should adhere to the wood without tearing. Wood fibers should remain intact without shattering. 3. Mechanically excavating (e.g. with trencher or backhoe) and hand pruning what is left of the roots. Work slowly and have ground crew cleanly cut roots as soon as possible after encountered. D. The following tools are acceptable for use: 1. Round-blade shovel 2. Tree pruning handsaw designed for root cutting, 3. Hand pruners 4. Loppers with 1 inch capacity reciprocating saw with wood cutting blade 5. Concrete circular saw (rock or root cutting saw, e.g. Stihl TS-400 with 12” blade, preferably carbon-tipped- start with new blade) 6. Chainsaw (for large roots over 4 inches in diameter- start with new chain). E. Proper pruning technique shall encourage callusing of the roots. Root cutting and removal shall not exceed thirty-five percent (35%) of total root surface. F. EXPOSED ROOTS: Temporarily cover exposed roots with wet burlap to prevent roots from drying out, maintain moist condition of burlap at all times and remove burlap and cover with earth as soon as possible (within two hours). If the air temperature is 80 degrees Fahrenheit or greater, the burlap must be inspected every hour and re-wet as necessary to maintain a constant cool moist condition. If air temperature is below 80 degrees Fahrenheit, the burlap must be inspected every 4 hours and re-wet as necessary to maintain a constant cool moist condition. Small roots can dry out and die in 10-15 minutes. Larger roots can succumb in an hour or less under unfavorable weather conditions. G. INJURED/DAMAGED ROOTS: Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with approved tools/equipment. Crushed or torn Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 01 56 39 – 9 Temporary Tree Protection roots are more likely to allow decay to begin; sharply cut roots produce a flush of new roots helping the tree to recover from injury. If any roots over two inches (2”) in diameter are severed during any excavation, the following procedure shall be followed: 1. The roots shall be shaded by immediately covering the entire trench with plywood, or by covering the sides of the trench with burlap sheeting that is kept moist by watering twice (2x) per day. 2. When ready to backfill, each root shall be severed cleanly with a handsaw. Where practical, they should be cut back to a side root or 2” behind the ragged end. Immediately, a plastic bag shall be placed over the fresh cut, and secured with a rubber band or electrical tape. Shading should immediately be placed until backfilling occurs. 3. Plastic bags shall be removed prior to backfilling. 4. Backfill shall be clean, native material free of debris, gravel or wood chips. H. Contractor shall pay the Owner (or the City in case of trees on public right-of-way) the value of existing trees to remain that died or were damaged because of the contractor's failure to provide adequate protection and maintenance. In accordance with the schedule of values, using "tree caliper" method established in the most recent issue of the guide for establishing values of tree and other plants prepared by the council of tree if it is determined that the contractor has willfully or negligently damaged or destroyed the existing trees to remain, the values shall be tripled to reimburse Owner for inconvenience and damages. 3.05 TRENCHING/SITE WORK A. Demolition: 1. Structures to be demolished should be collapsed inward and /or away from the protect tree. Demolition equipment must sit outside the tree protection zones. 2. Removal of existing pavement must be done carefully and slowly around protected trees. Jack hammering pavement to break into manageable pieces to be hand removed is preferred. SEE 3.06 MULCH for additional information. B. Grading: 1. If heavy grading equipment is used around the protected trees and roots are encountered that must be removed, grading must stop and the roots shall be cut immediately by the above methods. Tearing back roots toward the trunk to snap them or break them by continuing to operate heavy equipment is not acceptable. 2. When using heavy machinery around protect trees, the equipment shall sit on existing pavement and work backwards so as to remain on the pavement or otherwise outside the tree protection zones, or at least as far away from the trunk as possible. Machine operator shall work very slowly, removing soil in 6 inch lifts. Contractor shall have a ground crew with shovels to watch for and expose tree roots while the machines are excavating. The equipment operator should ‘feel’ for roots while excavating around protected trees and notify ground crew to cut roots per the above methods if the roots are smaller than 2”. 3. Soil Compaction: If compaction of the soil occurs, it shall be mitigated as outlined in Soil Compaction Damage, and/or Soil Improvement. 4. Grading Limitations within the Tree Protection Zone (TPZ): Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 01 56 39 – 10 Temporary Tree Protection i. Grade changes outside of the TPZ shall not significantly alter drainage to the tree. ii. Grade changes within the TPZ are not permitted. iii. Grade changes under specifically approved circumstances shall not allow more than six (6) inches of fill soil added or allow more than four (4) inches of existing soil to be removed from natural grade unless mitigated. C. Trenching: 1. Spoil from trench, footing, utility or other excavation shall not be placed within the tree protection zone, neither temporarily or permanently. 2. All underground utilities, drain lines or irrigation lines shall be routed outside the tree protection zone. If lines must traverse through the protection area, they shall be tunneled or bored under the tree as directed by the City/Project Arborist. 3. Open trenching in the root zone of any tree is prohibited except in cases where the trenching fall outside the drip-line of the tree involved. Exception will be allowed if, in the opinion of the Project Arborist, the impact of trenching upon the tree will be negligible. Project Arborist approval is required. 4. In the event trenches for irrigation and/or lighting are required within a tree’s canopy, they shall be installed by hand in a radial direction to the trees’ trunks. If irrigation trenches cannot be routed as such, the work may need to be performed using a pneumatic air device, such as an Air-Spade®, to avoid unnecessary root damage. 3.06 MULCHING A. Apply 4-6” of wood chip mulch within the tree protection zone and maintain during construction. Mulch material may be chipped trees from on-site demolished trees. Contractor shall maintain 6-12” clear around the base of the trunk. The mulch will help regenerate new fine roots in the soil just beneath the mulch. This can help to compensate for some of the root loss or root damage that trees experience. B. If pavement is removed within the tree protection zone, the contractor shall wet the soil underneath the removed pavement to a max. depth of 6”, and apply mulch per above. 3.07 CLEAN-UP A. During tree and plant protection work, keep the site free of trash, pavements reasonably clean and work area in an orderly condition at the end of each day. Remove trash and debris in containers from the site no less than once a week. B. Immediately clean up any spilled or tracked soil, fuel, oil, trash or debris deposited by the Contractor from all surfaces within the project or on public right of ways and neighboring property. C. Once tree protection work is complete, wash all soil from pavements and other structures. Ensure that Mulch is confined to planting beds. D. Make all repairs to grades, ruts, and damage to the work or other work at the site. E. Remove and dispose of all excess Mulch, Wood Chips, packaging, and other material brought to the site by the Contractor. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 01 56 39 – 11 Temporary Tree Protection 3.08 REMOVAL OF FENCING AND OTHER TREE AND PLANT PROTECTION A. At the end of the construction period or when requested by the City’s Representative remove all fencing, Wood Chips or Mulch, Geogrids and Filter Fabric, trunk protection and or any other Tree and Plant Protection material. 3.09 DAMAGE OR LOSS TO EXISTING PLANTS TO REMAIN A. Any trees or plants designated to remain, and which are damaged by the Contractor shall be replaced in kind by the Contractor at their own expense. Trees shall be replaced with a tree of similar species and of equal size or 6 inch caliper whichever is less. Shrubs shall be replaced with a plant of similar species and equal size or the largest size plants reasonably available whichever is less. Where replacement plants are to be less than the size of the plant that is damaged, the City’s Representative shall approve the size and quality of the replacement plant. B. All trees and plants shall be installed per the requirements of Specification Section Planting Work. C. Plants that are damaged shall be considered as requiring replacement or appraisal in the event that the damage affects more than 25 % of the crown, 25% of the trunk circumference, or root protection area, or the tree is damaged in such a manner that the tree could develop into a potential hazard. Trees and shrubs to be replaced shall be removed by the Contractor at his own expense. D. The City’s Representative may engage an independent arborist to assess any tree or plant that appears to have been damaged to determine their health or condition. E. Any tree that is determined to be dead, damaged or potentially hazardous by the Owner’s arborist and upon the request of the City’s Representative shall be immediately removed by the Contractor at no additional expense to the owner. Tree removal shall include all clean up of all wood parts and grinding of the stump to a depth sufficient to plant the replacement tree or plant, removal of all chips from the stump site and filling the resulting hole with topsoil. F. Any remedial work on damaged existing plants recommended by the consulting arborist shall be completed by the Contractor at no cost to the owner. Remedial work shall include but is not limited to: soil compaction remediation and vertical mulching, pruning and or cabling, insect and disease control including injections, compensatory watering, additional mulching, and could include application tree growth regulators (TGR). G. Remedial work may extend up to two years following the completion of construction to allow for any requirements of multiple applications or the need to undertake applications at required seasons of the year. PART 4 – MEASURE AND PAYMENT 4.01 MEASUREMENT A. The work performed under Section 01 56 39 – Temporary Tree Protection, as defined in this section, will be measured on a lump sum basis. 4.02 PAYMENT Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 01 56 39 – 12 Temporary Tree Protection A. The contract lump sum price paid for Temporary Tree Protection shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these Specifications, and as directed by the Engineer. END OF SECTION 01 56 39 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 06 10 00 – 1 Carpentry SECTION 06 10 00 - CARPENTRY PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Subcontract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.02 SUMMARY A. All labor, materials, equipment and services necessary for the completion of the project carpentry work as shown on the drawings, included but not limited to: 1. Wood framing, connectors, hardware, and stain for the chain barrier on wood post. 2. Wood posts, connectors, hardware, and paint for the split rail fence. 3. Wood posts, connectors, hardware, and paint for the vehicular access gate. 4. Wood posts, connectors and hardware for the grape stake fences. 5. Temporary shoring during construction. B. Related Sections 1. Section 09 93 00 – Wood Staining 2. Section 32 13 13 – Concrete Paving 1.03 REFERENCES A. WWPA – Western Wood Products Association B. AWPA – American Wood Protection Association C. ALSC – American Lumber Standard Committee D. APA – American Plywood Association 1.04 SUBMITTALS A. Submit to the City product data for each product to be incorporated into the work. 1.05 QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. 1.06 DELIVERY AND STORAGE A. Materials stored on the site shall be properly stacked and protected to prevent damage and deterioration until use. Failure to protect materials may be cause for rejection of work. PART 2 - PRODUCTS 2.01 MATERIALS Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 06 10 00 – 2 Carpentry A. Lumber: All material shall be new and well manufactured. Only pieces consisting of sound wood, free from decay, free of twisting, checking, splits or other defects, will be acceptable. B. Dimension Lumber shall be Surfaced Four Sides (S4S). All sizes shown on the plans or specified refer to nominal sizes and the American Standard rough and dressed sizes will be accepted as conforming thereto. 1. Construction Heart redwood, manufactured and graded per WWPA grading rules and all pieces grade stamped, unless otherwise noted. 2. Western Red Cedar shall be Grade No. 2 and Better Clear. C. Wood Treatment: no wood treatment preservatives shall be allowed. D. Fasteners 1. Use common type nails where nails are indicated on the plans. The minimum nailing requirements of CBC table 2304.9.1 apply whenever fasteners for connecting wood members have not been specified. All nails exposed to earth or weather shall be hot dipped galvanized or shall be of stainless steel. 2. Pneumatically driven nails will be allowed only upon submission of ICC evaluation report approving the nails for the use intended and with an equivalent load capacity as for the common wire nail specified. Pneumatically driven nails shall be driven flush with the surface of the wood. 3. All machine bolts shall conform to the requirements of ASTM A 307, Grade A. All machine bolts, nuts and washers exposed to earth or weather in the completed structure shall be hot dipped galvanized. 4. Bolts shall be installed with cut washers under the heads and/or nuts where the head or nut would otherwise bear on the wood. 5. All connectors and fasteners exposed to earth or weather in the completed structure or treated lumber shall be hot dip galvanized after fabrication or Type 304 and 316 stainless steel. Never mix galvanized steel with stainless steel in the same connection to prevent physical contact of dissimilar metals. E. Metal Framing Devices 1. Proprietary framing devices - Manufactured by Simpson Strong-Tie Company or approved equal, installed in conformance with the manufacturer's specifications. All specified fasteners must be installed. All such fasteners shall be of the largest size and quantity specified in the manufacturers published schedules, unless noted otherwise. All connectors and fasteners exposed to weather shall be hot dip galvanized after fabrication. F. Concrete stain 1. Brickform ARTesian water-based stain. Color to match concrete integral color. PART 3 - EXECUTION 3.01 INSTALLATION A. Construction methods and project safety: the contract documents represent the finished structure and do not indicate methods, procedures or sequence of construction. Take necessary precautions to maintain and ensure the integrity of the structure during construction. Contractor shall design, construct and maintain all safety devices, including shoring and bracing, and solely responsible for conforming to all local, state and federal safety and health standards, laws and regulations. B. Wood framing: Comply with recommendations of CBC Chapter 2308, Conventional Light-Frame Construction. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 06 10 00 – 3 Carpentry C. Provide nailers, blocking and grounds where required. Set work plumb, level and accurately cut. D. Install materials and systems in accordance with manufacturer's instructions and approved submittals. Install materials and systems in proper relation with adjacent construction. Coordinate with other work. E. Comply with manufacturer's requirements for cutting, handling, fastening and working with treated materials. F. Restore damaged components. Protect work from damage. 3.02 CONCRETE FOOTINGS A. Install per Section 32 13 13 – Concrete Paving. B. Stain tops of concrete footings per manufacturer’s instructions. 3.03 STAINING A. As indicated on the plans, wood surfaces shall be stained in accordance with Section 09 93 00 – Wood Staining, unless noted otherwise. 3.04 PAINTING A. As indicated on the plans, wood surfaces shall be painted according to manufacturer’s instructions, unless noted otherwise. PART 4 – MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The work performed under Section 06 10 00 – Carpentry for Chain Barrier on Wood Post, as shown on plan sheet L-2.0 and detail A plan sheet L-4.1, including stain and concrete footings, will be measured on a lump sum basis. B. The work performed under Section 06 10 00 – Carpentry for Grape Stake Fence, as shown on plan sheet L- 2.0 and detail B plan sheet L-4.1, including concrete footings, will be measured on a linear foot basis. C. The work performed under Section 06 10 00 – Carpentry for Split Rail Fence, as shown on plan sheet L-2.0 and detail C plan sheet L-4.1, including paint, and concrete footings, will be measured on a linear foot basis. D. The work performed under Section 06 10 00 – Carpentry for Vehicular Access Gate, as shown on plan sheet L-2.0 and detail D plan sheet L-4.1, including paint and concrete footings, will be measured on a lump sum basis. 4.02 PAYMENT A. Chain Barrier on Wood Post: The contract lump sum price paid for Carpentry shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all carpentry work, complete in place, as shown on the plans, as specified in these Specifications, and as directed by the Engineer. B. Grape Stake Fence: The contract linear foot price paid for Carpentry shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all carpentry work, complete in place, as shown on the plans, as specified in these Specifications, and as directed by the Engineer. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 06 10 00 – 4 Carpentry C. Split Rail Fence: The contract linear foot price paid for Carpentry shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all carpentry work, complete in place, as shown on the plans, as specified in these Specifications, and as directed by the Engineer. D. Vehicular Access Gate: The contract lump sum price paid for Carpentry shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all carpentry work, complete in place, as shown on the plans, as specified in these Specifications, and as directed by the Engineer. END OF SECTION 06 10 00 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 09 93 00 – 1 Wood Staining SECTION 09 93 00 – WOOD STAINING PART 1 - GENERAL 1.01 SCOPE OF WORK A. Drawings and general provisions of the Subcontract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. B. Furnish all labor, materials, equipment, facilities, transportation, and services to complete all painting and staining and related work as shown on the Drawings and/or specified herein. C. Work Included: The general extent of the painting and staining is shown on the Drawings and includes, but is not necessarily limited to, the following: 1. Priming and staining all carpentry, including but not limited to: chain barrier on wood post. 1.02 RELATED WORK A. Section 06 10 00 – Carpentry 1.03 SUBMITTALS A. Product Data: For each type of product indicated. Include preparation requirements and application instructions. B. Samples: Contractor to prepare and submit to the City for approval, samples of all finishes. Such samples shall be retained by the City to compare with finishes as they are applied. C. Color charts: Contractor shall submit 3 copies of color charts from specified suppliers and confirm the City’s desired color selections prior to purchasing paint or stain materials. 1.04 PROTECTION A. Adequately protect other surfaces from paint and damage. Repair damage as a result of inadequate or unsuitable protection. B. Furnish sufficient drop cloths, shields and protective equipment to prevent spray or droppings from fouling surfaces not being painted and in particular, surfaces within storage and preparation. C. Provide adequate storage facilities. Store paint materials at minimum ambient temperature of 45 degrees F (7 degrees C) in well ventilated area. D. Take precautionary measures to prevent fire hazards and spontaneous combustions E. Place cotton waste, cloths and material which may constitute a fire hazard in closed metal containers and remove daily from site. F. Remove surface hardware, fittings and fastenings prior to painting operations. These items are to be carefully stored, cleaned and replaced on completion of work in each area. Do not use solvent to clean hardware that may remove permanent lacquer finish. 1.05 QUALITY ASSURANCE A. Mockups: Apply mockups of each finish system indicated and each color selected to verify preliminary selections made under sample submittals and to demonstrate aesthetic effects and set quality standards for Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 09 93 00 – 2 Wood Staining materials and execution. Mock up shall be adequate in size to demonstrate representative finish, and shall not be done on finished work area. 1.06 DELIVERY, STORAGE, AND HANDLING A. Store materials not in use in tightly covered containers in well-ventilated areas with ambient temperatures continuously maintained at not less than 45 deg F (7 deg C). 1. Maintain containers in clean condition, free of foreign materials and residue. 2. Remove rags and waste from storage areas daily. 1.07 FIELD CONDITIONS A. Apply finishes only when temperature of surfaces to be finished and ambient air temperatures are between 50 and 95 deg F (10 and 35 deg C). B. Do not apply finishes when relative humidity exceeds 85 percent; at temperatures less than 5 deg F (3 deg C) above the dew point; or to damp or wet surfaces. C. Do not apply exterior finishes in snow, rain, fog, or mist. PART 2 – PRODUCTS 2.01 GENERAL MATERIALS A. All materials shall be pure, unadulterated, first quality and shall be delivered to the project in the original unbroken packages bearing the brand and maker's name. Any rejected materials shall be removed from the premises at once. B. Stains for all wood elements: Penofin Ultra Premium Red Label, color “Transparent Redwood” unless otherwise acceptable to the Engineer. 2.02 SOURCE QUALITY CONTROL A. All materials shall be pure, unadulterated, first quality and shall be delivered to the project in the original unbroken packages bearing the brand and maker's name. Any rejected materials shall be removed from the premises at once. 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 Exterior Wood Substrates: 15 percent, when measured with an electronic moisture meter. Verify suitability of substrates, including surface conditions and compatibility with existing finishes and primers. D. Proceed with finish application only after unsatisfactory conditions have been corrected. 1. Beginning finish application constitutes Contractor's acceptance of substrates and conditions. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 09 93 00 – 3 Wood Staining 3.02 PREPARATION B. Comply with manufacturer's written instructions and recommendations in "MPI Architectural Painting Specification Manual" applicable to substrates indicated.Remove hardware, covers, plates, and similar items already in place that are removable. If removal is impractical or impossible because of size or weight of item, provide surface-applied protection before surface preparation and finishing.After completing finishing operations, use workers skilled in the trades involved to reinstall items that were removed. Remove surface-applied protection if any.Clean and prepare surfaces to be finished according to manufacturer's written instructions for each particular substrate condition and as specified.Remove dust, dirt, oil, and grease by washing with a detergent solution; rinse thoroughly with clean water and allow to dry. Remove grade stamps and pencil marks by sanding lightly. Remove loose wood fibers by brushing.Remove mildew by scrubbing with a commercial wash formulated for mildew removal and as recommended by stain manufacturer. 3.03 APPLICATION A. Apply finishes according to manufacturer's written instructions. All wood surfaces shall be stained, including “back priming” non-exposed surfaces. B. Apply finishes to produce surface films without cloudiness, holidays, lap marks, brush marks, runs, ropiness, or other surface imperfections. Contractor shall touch up all areas deemed unacceptable by the City. C. Two coats minimum are required for all wood. 3.04 CLEANING AND PROTECTION A. Protect work of other trades against damage from finish application. Correct damage by cleaning, repairing, replacing, and refinishing, as approved by Architect, and leave in an undamaged condition. B. At completion of construction activities of other trades, touch up and restore damaged or defaced finished wood surfaces. C. After all work has been completed, Contractor to clean up all debris resulting from his work and clean all paint from all surfaces adjacent to his work, and leave the premises in perfect condition for final inspection by the City. D. During progress of work, keep premises free from any unnecessary accumulation of tools, equipment, surplus materials and debris. 3.05 WORKMANSHIP A. All work shall be executed in accordance with the best-known practices of the trade, with first class workmanship throughout. PART 4 – MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The work performed under Section 09 93 00 – Wood Staining, as defined in this section, will not be measured separately for payment. Full compensation for the work of this section will be considered as included in the prices for other contract items listed in the schedule of bid prices in the Bid Form, and no additional compensation will be allowed. 4.02 PAYMENT Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 09 93 00 – 4 Wood Staining A. The contract unit price for Wood Staining shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and 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. END OF SECTION 09 93 00 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 00 – 1 General Electrical Requirements SECTION 26 05 00 GENERAL ELECTRICAL REQUIREMENTS PART 1 – GENERAL 1.01 DESCRIPTION OF WORK A. The work of this Section consists of providing all required labor, supervision, materials and equipment to satisfactorily complete all electrical installations that are shown on the Drawings, included in these specifications, or otherwise needed for a complete and fully operating facility. B. Furnish and install all required in-place equipment, conduits, conductors, cables and any miscellaneous materials for the satisfactory interconnection and operation of all associated electrical systems. 1.02 RELATED WORK A. This Section provides the basic Electrical Requirements which supplement the General Requirements of Division 01 and apply to all Sections of Division 26. 1.03 SUBMITTALS A. As specified in Division 01. Submit to the Architect shop drawings, manufacturer's data and certificates for equipment, materials and finish, and pertinent details for each system specified. Information to be submitted includes manufacturer's descriptive literature of cataloged products, equipment, drawings, diagrams, performance and characteristic curves as applicable, test data and catalog cuts. Obtain written approval before procurement, fabrication, or delivery of the items to the job site. Partial submittals are not acceptable and will be returned without review. Furnish manufacturer's name, trade name, catalog model or number, nameplate data, size, layout dimensions, capacity, project specification and paragraph reference, applicable Federal, Industry and Technical Society Publication References, and years of satisfactory service of each item required to establish contract compliance. Photographs of existing installations and data submitted in lieu of catalog data are not acceptable and will be returned without approval. B. Organize submittals for equipment and items related to each specification section together as a package. C. Proposed substitutions of products will not be reviewed or approved prior to awarding of the Contract. D. Substitutions shall be proven to the Architect or Engineer to be equal or superior to the specified product. Architect’s decision is final. The Contractor shall pay all costs incurred by the Architect and Engineer in reviewing and processing any proposed substitutions whether or not a proposed substitution is accepted. E.If a proposed substitution is rejected, the contractor shall furnish the specified product at no increase in contract price. F.If a proposed substitution is accepted, the contractor shall be completely responsible for all dimensional changes, electrical changes, or changes to other work which are a result of the substitution. The accepted substitution shall be made at no additional cost to the owner or design consultants. 1.04 QUALITY ASSURANCE A. Codes: All electrical equipment and materials, including installation and testing, shall conform to the latest editions following applicable codes: 1. California Electrical Code (CEC). Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 00 – 2 General Electrical Requirements 2. Occupational Safety and Health Act (OSHA) standards. 3. All applicable local codes, rules and regulations. 4. Electrical Contractor shall possess a C-10 license and all other licenses as may be required. Licenses shall be in effect at start of this contract and be maintained throughout the duration of this contract. B. Variances: In instances where two or more codes are at variance, the most restrictive requirement shall apply. C. Standards: Equipment shall conform to applicable standards of American National Standards Institute (ANSI), Electronics Industries Association (EIA), Institute of Electrical and Electronics Engineers (IEEE), and National Electrical Manufacturers Association (NEMA). D. Underwriter Laboratories (UL) listing is required for all equipment and materials where such listing is offered by the Underwriters Laboratories. Provide service entrance labels for all equipment required by the NEC to have such labels. E. The electrical contractor shall guarantee all work and materials installed under this contract for a period of one (1) year from date of acceptance by owner. F. All work and materials covered by this specification shall be subject to inspection at any and all times by representatives of the owner. Work shall not be closed in or covered before inspection and approval by the owner or his representative. Any material found not conforming with these specifications shall, within 3 days after being notified by the owner, be removed from premises; if said material has been installed, entire expense of removing and replacing same, including any cutting and patching that may be necessary, shall be borne by the contractor. 1.05 CONTRACT DOCUMENTS A. Drawings and Specifications: 1. In the case of conflict between the drawings and specifications, the specifications shall take precedence. 2. Drawings and specifications are intended to comply with all law, ordinances, rules and regulations of constituted authorities having jurisdiction, and where referred to in the Contract Documents, said laws, ordinance, rules and regulations shall be considered as a part of said Contract Documents within the limits specified. The Contractor shall bear all expenses of correcting work done contrary to said laws, ordinance, rules and regulations if the Contractor knew or should have known that the work as performed is contrary to said laws, ordinances, rules and regulations and if the Contractor performed same (1) without first consulting the Architect for further instructions regarding said work and/or (2) disregarded the Architect’s instructions regarding said work. B. Drawings: The Electrical Drawings shall govern the general layout of the completed construction. 1. Locations of equipment, panels, pullboxes, conduits, stub-ups, ground connections are approximate unless dimensioned; verify locations with the Architect prior to installation. 2. Review the Drawings and Specification Divisions of other trades and perform the electrical work that will be required for those installations. 3. Should there be a need to deviate from the Electrical Drawings and Specifications, submit written details and reasons for all changes to the Architect for approval. 4. The general arrangement and location of existing conduits, piping, apparatus, etc., is approximate. The drawings and specifications are for the assistance and guidance of the contractor, exact locations, distances and elevations are governed by actual field conditions. Accuracy of data given herein and on the drawings Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 00 – 3 General Electrical Requirements is not guaranteed. Minor changes may be necessary to accommodate work. The contractor is responsible for verifying existing conditions. Should it be necessary to deviate from the design due to interference with existing conditions or work in progress, claims for additional compensation shall be limited to those for work required by unforeseen conditions as determined by the Architect. 5. All drawings and divisions of these specifications shall be considered as whole. The contractor shall report any apparent discrepancies to the Architect prior to submitting bids. 6. The contractor shall be held responsible to have examined the site and compared it with the specifications and plans and to have satisfied himself as to the conditions under which the work is to be performed. He shall be held responsible for knowledge of all existing conditions whether or not accurately described. No subsequent allowance shall be made for any extra expense due to failure to make such examination. 1.06 CLOSEOUT SUBMITTALS A. Manuals: Furnish manuals for equipment where manuals are specified in the equipment specifications or are specified in Division 01. 1.07 COORDINATION A. Coordinate the electrical work with the other trades, code authorities, utilities and the Architect. B. Provide and install all trenching, backfilling, conduit, pull boxes, splice boxes, etc. for all Utility Company services to the locations indicated on the Drawings. All materials and construction shall be in accordance with the requirements for all the Utility Companies. Prior to performing any work, the Electrical Contractor shall coordinate with the various Utility Companies and obtain utility company engineering drawings. Verify that all such work and materials shown on the Drawings are of sufficient sizes and correctly located to provide services on the site. The Electrical Contractor shall verify with all the Utility Companies that additional contractor furnished and installed work is not required. If additional work, materials, or changes are required by any of the Utility Companies, the Electrical Contractor shall advise the Architect of such changes and no further work shall then be performed until instructed to do so by the Architect. The Electrical Contractor shall coordinate with the various Utility Companies to schedule inspections and to obtain service connections. C. The Electrical Contractor shall schedule all utility work necessary for utility inspections, connections, cable installation, etc. for the new electrical service to meet the construction schedule. D. Utility Company charges shall be paid by the Owner. E. Contractor shall pay all inspection and other applicable fees and procure all permits necessary for the completion of this work. F. Where connections must be made to existing installations, properly schedule all the required work, including the power shutdown periods. G. When two trades join together in an area, make certain that no electrical work is omitted. 1.08 JOB CONDITIONS A. Operations: Perform all work in compliance with Division 01. 1. Keep the number and duration of power shutdown periods to a minimum. 2. Show all proposed shutdowns and their expected duration on the construction schedule. Schedule and carry out shutdowns so as to cause the least disruption to operation of the Owner's facilities. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 00 – 4 General Electrical Requirements 3. Carry out shutdown only after the schedule has been approved, in writing, by the owner. Submit power interruption schedule 15 days prior to date of interruption. B. Construction Power: Unless otherwise noted in Division 01 of these specifications, contractor shall make all arrangements and provide all necessary facilities for temporary construction power to the site. Energy costs shall be paid by the General Contractor. C. Storage: Provide adequate storage for all equipment and materials which will become part of the completed facility so that it is protected from weather, dust, water, or construction operations. 1.09 DAMAGED PRODUCTS A. Notify the Architect in writing in the event that any equipment or material is damaged. Obtain approval from the Architect before making repairs to damaged products. 1.10 LOCATIONS A. General: Use equipment, materials and wiring methods suitable for the types of locations in which they are located. B. Dry Locations: All those indoor areas which do not fall within the definition below for Wet Locations and which are not otherwise designated on the Drawings. C. Wet Locations: All locations exposed to the weather, whether under a roof or not, unless otherwise designated on the Drawings. 1.11 SAFETY AND INDEMNITY A. The Contractor is solely and completely responsible for conditions of the job site including safety of all persons and property during performance of the work. This requirement will apply continually and not be limited to normal working hours. The contractor shall provide and maintain throughout the work site proper safeguards including, but not limited to, enclosures, barriers, warning signs, lights, etc. to prevent accidental injury to people or damage to property. B. No act, service, drawing review or construction review by the Owner, the Engineer or their Consultants is intended to include reviews of the adequacy of the Contractors safety measures in or near the construction site. C. The Contractor performing work under this Division of the Specifications shall hold harmless, indemnify, and defend the Owner, the Engineer, their consultants, and each of their officers, agents and employees from any and all liability claims, losses, or damage arising out of or alleged to arise from bodily injury, sickness, or death of a person or persons and for all damages arising out of injury to or destruction of property arising directly or indirectly out of or in connection with the performance of the work under this Division of the Specifications, and from the Contractor's negligence in the performance of the work described in the construction contract documents, but not including liability that may be due to the sole negligence of the Owner, the Engineer, their Consultants or their officers, agents and employees. D. If a work area is encountered that contains hazardous materials, the contractor is advised to coordinate with the owner and it's abatement consultant for abatement of hazardous material by the Owner’s Representative. “Hazardous materials” means any toxic substance regulated or controlled by OSHA, EPA, State of California or local rules, regulations and laws. Nothing herein shall be construed to create a liability for Aurum Consulting Engineers regarding hazardous materials abatement measures, or discovery of hazardous materials. 1.12 ARC FLASH A. The contractor shall install a clearly visible arc flash warning to the inside door of all panelboards, as well as to the front of all switchboards that are part of this project. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 00 – 5 General Electrical Requirements B. The warning shall have the following wording: line 1 “WARNING” (in large letters), line 2 “Potential Arc Flash Hazard” (in medium letters), line 3 & 4 “Appropriate Personal Protective Equipment and Tools required when working on this equipment”. PART 2 - PRODUCTS 2.01 STANDARD OF QUALITY A. Products that are specified by manufacturer, trade name or catalog number establish a standard of quality and do not prohibit the use of equal products of other manufacturers provided they are established to be equal to the specified product and approved by the Architect prior to installation. B. Material and Equipment: Provide materials and equipment that are new and are current products of manufacturers regularly engaged in the production of such products. The standard products shall have been in satisfactory commercial or industrial use for two years prior to bid opening. The two-year period includes use of equipment and materials of similar size under similar circumstances. For uniformity, only one manufacturer will be accepted for each type of product. C. Service Support: Submit a certified list of qualified permanent service organizations including their addresses and qualification for support of the equipment. These service organizations shall be convenient to the equipment installation and able to render service to the equipment on a regular and emergency basis during the warranty period of the contract. D. Manufacturer's Recommendations: Where installation procedures are required to be in accordance with manufacturer's recommendations, furnish printed copies of the recommendations prior to installation. Installation of the item shall not proceed until recommendations are received. Failure to furnish recommendation shall be cause for rejection of the equipment or material. 2.02 NAMEPLATES A. For each piece of electrical equipment, provide a manufacturer's nameplate showing his name, location, the pertinent ratings, the model designation, and shop order number. B. Identify each piece of equipment and related controls with a rigid laminated engraved plastic nameplate. Unless otherwise noted, nameplates shall be melamine plastic 0.125 inch thick, white with black center core. Surface shall be matte finish. Corners shall be square. Accurately align lettering and engrave into the core. Minimum size of nameplates shall be 0.5 by 2.5 inches unless otherwise noted. Where not otherwise specified, lettering shall be a minimum of 0.25 inch high normal block style. Engrave nameplates with the inscriptions indicated on the Drawings and, if not so indicated, with the equipment name. Securely fasten nameplates in place using two stainless steel or brass screws. 2.03 FASTENERS A. Fasteners for securing equipment to walls, floors and the like shall be either hot-dip galvanized after fabrication or stainless steel. 2.04 FINISH REQUIREMENTS A. Equipment: Refer to each electrical equipment section of these Specifications for painting requirements of equipment enclosures. Repair any final paint finish which has been damaged or is otherwise unsatisfactory, to the satisfaction of the Architect. B. Wiring System: In finished areas, paint all exposed conduits, boxes and fittings to match the color of the surface to which they are affixed. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 00 – 6 General Electrical Requirements PART 3 - EXECUTION 3.01 WORKMANSHIP A. Ensure that all equipment and materials fit properly in their installation. B. Perform any required work to correct improperly fit installation at no additional expense to the owner. C. All electrical equipment and materials shall be installed in a neat and workmanship manner in accordance with the “NECA-1 Standard Practices for Good Workmanship in Electrical Contracting”. Workmanship of the entire job shall be first class in every respect. 3.02 EQUIPMENT INSTALLATIONS A. Provide the required inserts, bolts and anchors, and securely attach all equipment and materials to their supports. B. Do all the cutting and patching necessary for the proper installation of work and repair any damage done. C. Earthquake restraints: all electrical equipment, including conduits over 2 inches in diameter, shall be braced or anchored to resist a horizontal force acting in any direction as per CBC Section 1616A Title 24, part 2 and ASCE7-10, Sections 13.3 and 13.6 and Table 13.6-1. 3.03 FIELD TEST A. Test shall be in accordance with Acceptance testing specifications issued by the National Electrical Testing Association (NETA). B. Perform equipment field tests and adjustments. Properly calibrate, adjust and operationally check all circuits and components, and demonstrate as ready for service. Make additional calibration and adjustments if it is determined later that the initial adjustments are not satisfactory for proper performance. Perform equipment field test for equipment where equipment field tests are specified in the equipment Specifications. Give sufficient notice to the Architect prior to any test so that the tests may be witnessed. C. Provide instruments, other equipment and material required for the tests. These shall be of the type designed for the type of tests to be performed. Test instrument shall be calibrated by a recognized testing laboratory within three months prior to performing tests. D. Operational Tests: Operationally test all circuits to demonstrate that the circuits and equipment have been properly installed and adjusted and are ready for full-time service. Demonstrate the proper functioning of circuits in all modes of operation, including alarm conditions. E. Re-testing will be required for all unsatisfactory tests after the equipment or system has been repaired. Re-test all related equipment and systems if required by the Architect. Repair and re-test equipment and systems which have been satisfactorily tested but later fail, until satisfactory performance is obtained. F. Maintain records of each test and submit five copies to the Architect when testing is complete. All tests shall be witnessed by the Architect. These records shall include: 1. Name of equipment tested. 2. Date of report. 3. Date of test. 4. Description of test setup. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 00 – 7 General Electrical Requirements 5. Identification and rating of test equipment. 6. Test results and data. 7. Name of person performing test. 8. Owner or Architect's initials. G. Items requiring testing shall be as noted in the additional electrical sections of these specifications. 3.04 CLEANING EQUIPMENT A. Thoroughly clean all soiled surfaces of installed equipment and materials. 3.05 PAINTING OF EQUIPMENT A. Factory Applied: Electrical equipment shall have factory applied painting system which shall, as a minimum, meet the requirements of NEMA ICS 6 corrosion-resistance test and the additional requirements specified in the technical section. B. Field Applied: Paint electrical equipment as required to match finish of adjacent surfaces. 3.06 RECORDS A. Maintain one copy of the contract Drawing Sheets on the site of the work for recording the "as built" condition. After completion of the work, the Contractor shall carefully mark the work as actually constructed, revising, deleting and adding to the Drawing Sheets as required. The following requirements shall be complied with: 1. Cable Size and Type: Provide the size and type of each cable installed on project. 2. Substructure: Where the location of all underground conduits, pull boxes, stub ups and etc. where are found to be different than shown, carefully mark the correct location on the Drawings. Work shall be dimensioned from existing improvements. 3. Size of all conduit runs. 4. Routes of concealed conduit runs and conduit runs below grade. 5. Homerun points of all branch circuit. 6. Location of all switchgear, panels, MCC, lighting control panels, pullcans, etc. 7. Changes made as a result of all approved change orders, addendums, or field authorized revisions. 8. As Builts: At the completion of the Work the Contractor shall review, certify, correct and turn over the marked up Drawings to the Architect for his use in preparing "as built" plans. 9. As built Drawings shall be delivered to the Architect within ten (10) days of completion of construction. 3.07 CLEAN UP A. Upon completion of electrical work, remove all surplus materials, rubbish, and debris that accumulated during the construction work. Leave the entire area neat, clean, and acceptable to the Architect. PART 4 – MEASUREMENT AND PAYMENT Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 00 – 8 General Electrical Requirements 4.01 MEASUREMENT A. The work performed under Section 26 05 00 – General Electrical Requirements as defined in this section, shall be measured by the lump sum. 4.02 PAYMENT A. The contract lump sum price paid for General Electrical Requirements shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 26 05 00 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 19 – 1 Line Voltage Wire and Cable SECTION 26 05 19 LINE VOLTAGE WIRE AND CABLE PART 1 - GENERAL 1.01 DESCRIPTION OF WORK A. The work of this Section consists of providing all wire and cable rated 600 volts or less, including splices and terminations, as shown on the Drawings and as described herein. 1.02 RELATED WORK A. See the following Specification Section for work related to the work in this Section: 1. Section 26 05 42 – Conduits, Raceways and Fittings. 1.03 QUALITY ASSURANCE A. Field tests shall be performed as specified in paragraph 3.04 of this Section. PART 2 - PRODUCTS 2.01 CONDUCTORS A. Conductors shall be copper, type THHN/THWN/MTW oil and gasoline resistant, 600 volt rated insulation. B. Conductors shall be stranded copper. C. Minimum power and control wire size shall be No. 12 AWG unless otherwise noted. D. All conductors used on this Project shall be of the same type and conductor material. 2.02 CABLES A. All individual conductors shall be copper with type THHN/THWN, 600 volt rated insulation. B. Insulation Marking - All insulated conductors shall be identified with printing colored to contrast with the insulation color. C. Color Coding - As specified in paragraph 3.03. D. Special Wiring - Where special wiring is proposed by an equipment manufacturer, submit the special wiring requirements to the Owner's Representative and, if approved, provide same. Special wire shall be the type required by the equipment manufacturer. E. Other Wiring - Wire or cable not specifically shown on the Drawings or specified, but required, shall be of the type and size required for the application and as approved by the Owner's Representative. F.Manufacturer - Acceptable manufacturers including Cablec, Southwire, or equal. 2.03 TERMINATIONS A. Manufacturer - Terminals as manufactured by T&B, Burndy or equal. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 19 – 2 Line Voltage Wire and Cable B. Wire Terminations – Stranded conductors shall be terminated in clamping type terminations which serve to contain all the strands of the conductor. Curling of a stranded conductor around a screw type terminal is not allowed. For screw type terminations, use a fork type stake-on termination on the stranded conductor. Use only a stake-on tool approved for the fork terminals selected. C. End Seals - Heat shrink plastic caps of proper size for the wire on which used. 2.04 TAPE A. Tape used for terminations and cable marking shall be compatible with the insulation and jacket of the cable and shall be of plastic material. PART 3 - EXECUTION 3.01 CABLE INSTALLATION A. Clean Raceways - Clean all raceways prior to installation of cables as specified in Section 26 05 42 - Conduits Raceway and Fittings. B. All line voltage wiring shall be installed in conduit. C. All feeder conductors shall be continuous from equipment to equipment. Splices in feeders are not permitted unless specifically noted or approved by the Electrical Engineer. D. All branch circuit wiring shall be run concealed in ceiling spaces, walls, below floors or in crawl spaces unless noted otherwise. E. Cable Pulling - Exercise care in pulling wires and cables into conduit or wireways so as to avoid kinking, putting undue stress on the cables or otherwise abrading them. No grease will be permitted in pulling cables. Only soapstone, talc, or UL listed pulling compound will be permitted. The raceway construction shall be complete and protected from the weather before cable is pulled into it. Swab conduits before installing cables and exercise care in pulling, to avoid damage to conductors. F. Bending Radius - Cable bending radius shall be per applicable code. Install feeder cables in one continuous length. G. Equipment Grounding Conductors - Provide an equipment grounding conductor, whether or not it is shown on the Drawings, in all conduits or all raceways. H. Panelboard Wiring - In panels, bundle incoming wire and cables which are No. 6 AWG and smaller, lace at intervals not greater than 6 inches, neatly spread into trees and connect to their respective terminals. Allow sufficient slack in cables for alterations in terminal connections. Perform lacing with plastic cable ties or linen lacing twine. Where plastic panel wiring duct is provided for cable runs, lacing is not necessary when the cable is properly installed in the duct. 3.02 CABLE TERMINATIONS AND SPLICES A. Splices - UL Listed wirenuts. B. Terminations - Shall comply with the following: 1. Make up and form cable and orient terminals to minimize cable strain and stress on device being terminated on. 2. Burnish oxide from conductor prior to inserting in oxide breaking compound filled terminal. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 19 – 3 Line Voltage Wire and Cable 3.03 CIRCUIT AND CONDUCTOR IDENTIFICATION A. Color Coding - Provide color coding for all circuit conductors. Insulation color shall be white for neutrals and green for grounding conductors. Conductor colors shall be as follows: VOLTAGE 120/240V Phase A Black Phase B Red Neutral White Ground Green B. Color coding shall be in the conductor insulation for all conductors #10 AWG and smaller; for larger conductors, color shall be either in the insulation or in colored plastic tape applied at every location where the conductor is readily accessible. C. Circuit Identification - All underground distribution and service circuits shall be provided with plastic identification tags in each secondary box and at each termination. Tags shall identify the source transformer of the circuit and the building number(s) serviced by the circuit. 3.04 FIELD TESTS A. All systems shall test free from short circuits and grounds, shall be free from mechanical and electrical defects, and shall show an insulation resistance between phase conductors and ground of not less than the requirements of the CEC. All circuits shall be tested for proper neutral connections. B. Insulation Resistance Tests: Perform insulation resistance tests on circuits with #2 AWG and larger conductors to be energized with a line-to-neutral voltage of 120 volts or more. Make these tests before all equipment has been connected. Test the insulation with a 500Vdc insulation resistance tester with a scale reading 100 megohms. The insulation resistance shall be 2 megohms or more. Submit results for review. PART 4 – MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The work performed under Section 26 05 19 – Line Voltage Wire and Cable as defined in this section, will not be measured separately for payment. Full compensation for the work of this section will be considered as included in the prices for other contract items listed in the schedule of bid prices in the Bid Form, and no additional compensation will be allowed. 4.02 PAYMENT A. The contract lump sum price paid for Line Voltage Wire and Cable shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 26 05 19 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 26 – 1 Grounding SECTION 26 05 26 GROUNDING PART 1 - GENERAL 1.01 SECTION INCLUDES A. Conduits, wires, ground rods and other materials for the electrical grounding system. 1.02 RELATED SECTIONS A. Section 26 05 00 - Electrical General Requirements. PART 2 - PRODUCTS 2.01 GROUND ROD A. "Copperweld" ground rod conforming to or exceeding requirements of U.L. Specification No. 467 (ANSI C-33.8). Rod shall be 3/4" diameter and 10' in length, unless otherwise noted on the Drawings. 2.02 BELOW GRADE CONNECTIONS A. Compression fittings, Thomas & Betts, Series 52000, 53000 or 54000 or approved equal. 2.03 HARDWARE A. Bolts, nuts and washers shall be bronze, cadmium plated steel or other non-corrosive materials, approved for the purpose. 2.04 WATERPROOF SEALANT A. Use Kearney "Aqua Seal" mastic sealant on all below grade clamp or compression type connections. PART 3 - EXECUTION 3.01 GROUNDING AND BONDING A. Grounding and bonding shall be as required by codes and local authorities. B. All electrical equipment shall be grounded, including, but not limited to, panel boards, terminal cabinets and outlet boxes. C. The ground pole of receptacles shall be connected to their outlet boxes by means of a copper ground wire connecting to a screw in the back of the box. D. A green insulated copper ground wire, sized to comply with codes, shall be installed in all conduit runs. E. All metal parts of pull boxes shall be grounded per code requirements. F. All ground conductors shall be green insulated copper. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 26 – 2 Grounding G. The ground system electrodes shall be tested for resistance before the equipment ground conductors are connected. Maximum ground system resistance shall be 25 ohms. Install up to two additional ground rods to meet the 25 ohm requirement. Multiple ground rods shall not be less than 10 feet apart. PART 4 – MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The work performed under Section 26 05 26 – Grounding as defined in this section, will not be measured separately for payment. Full compensation for the work of this section will be considered as included in the prices for other contract items listed in the schedule of bid prices in the Bid Form, and no additional compensation will be allowed. 4.02 PAYMENT A. The contract lump sum price paid for Grounding shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 26 05 26 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 42 – 1 Conduits, Raceways and Fittings SECTION 26 05 42 CONDUITS, RACEWAYS AND FITTINGS PART 1 - GENERAL 1.01 DESCRIPTION OF WORK A. The work of this section consists of furnishing and installing conduits, raceways and fittings as shown on the Drawings and as described herein. 1.02 RELATED WORK A. See the following specification sections for work related to the work in this section: 1. Section 26 05 43 – Underground Ducts 2. Section 26 05 44 – In Grade Pull Boxes 3. Section 26 05 19 – Line Voltage Wire and Cable PART 2 - PRODUCTS 2.01 CONDUITS, RACEWAYS A. Electrical Metallic Tubing (EMT) shall be hot-dip galvanized after fabrication. Couplings shall be compression or set-screw type. B. Flexible Conduit: Flexible metal conduit shall be galvanized steel. C. Galvanized Rigid Steel Conduit (GRS) shall be hot-dip galvanized after fabrication. Couplings shall be threaded type. D. Rigid Non-metallic Conduit: Rigid non-metallic conduit shall be PVC Schedule 40 (PVC-40 or NEMA Type EPC-40) conduit approved for underground use and for use with 90˚ C wires. 2.02 CONDUIT SUPPORTS A. Supports for individual conduits shall be galvanized malleable iron one-hole type with conduit back spacer. B. Supports for multiple conduits shall be hot-dipped galvanized Unistrut or Superstrut channels, or approved equal. All associated hardware shall be hot-dip galvanized. C. Supports for EMT conduits shall be galvanized pressed steel single hole straps. D. Clamp fasteners shall be by wedge anchors. Shot in anchors shall not be allowed. 2.03 FITTINGS A. Provide threaded-type couplings and connectors for rigid steel conduits; provide steel compression (watertight), or steel set-screw type for EMT, (die-cast zinc or malleable iron type fittings are not allowed). Provide threaded couplings and Meyers hubs for rigid steel conduit exposed to weather. B. Fittings for flexible conduit shall be Appleton, Chicago, IL, Type ST, O-Z Gedney Series 4Q by General Signal Corp., Terryville, CT, T & B 5300 series, or approved equal. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 42 – 2 Conduits, Raceways and Fittings C. Fittings for use with rigid steel shall be galvanized steel or galvanized cast ferrous metal; access fittings shall have gasketed cast covers and be Crouse Hinds Condulets, Syracuse, NY, Appleton Unilets, Chicago, IL, or approved equal. Provide threaded-type couplings and connectors; set-screw type and compression-type are not acceptable. D. Fittings for use with rigid non-metallic conduit shall be PVC and have solvent-weld-type conduit connections. E. Union couplings for conduits shall be the Erickson type and shall be Appleton, Chicago, IL, Type EC, O-Z Gedney 3-piece Series 4 by General Signal Corp., Terryvile, CT, or approved equal. Threadless coupling shall not be used. F. Bushings: 1. Bushings shall be the insulated type. 2. Bushings for rigid steel shall be insulated grounding type, O-Z Gedney Type HBLG, Appleton Type GIB, or approved equal. G. Conduit Sealants: 1. Fire Retardant Types: Fire stop material shall be reusable, non-toxic, asbestos-free, expanding, putty type material with a 3-hour rating in accordance with UL Classification 35L4 or as specified on the Drawings. PART 3 - EXECUTION 3.01 CONDUIT, RACEWAY AND FITTING INSTALLATION A. For conduit runs exposed to weather provide rigid metal (GRS). B. For conduit run underground, in concrete or masonry block wall and under concrete slabs, install minimum ¾” size nonmetallic (PVC) with PVC elbows. Where conduits transition from underground or under slab to above grade install wrapped rigid metal (GRS) elbows and risers. C. For conduit runs concealed in steel or wood framed walls or in ceiling spaces or exposed in interior spaces above six feet over the finished floor, install EMT. D. Flexible metal conduit shall be used only for the connection of recessed lighting fixtures and motor connections unless otherwise noted on the Drawings. Liquid-tight steel flexible conduit shall be used for motor connections. E. The minimum size raceway shall be 1/2-inch unless indicated otherwise on the Drawings. F. Installation shall comply with the CEC. G. From pull point to pull point, the sum of the angles of all of the bends and offset shall not exceed 360 degrees. H. Conduit Supports: Properly support all conduits as required by the NEC. Run all conduits concealed except where otherwise shown on the drawings. 1. Exposed Conduits: Support exposed conduits within three feet of any equipment or device and at intervals not exceeding NEC requirements; wherever possible, group conduits together and support on common supports. Support exposed conduits fastened to the surface of the concrete structure by one-hole clamps, or with channels. Use conduit spacers with one-hole clamps. a. Conduits attached to walls or columns shall be as unobtrusive as possible and shall avoid windows. Run all exposed conduits parallel or at right angles to building lines. b. Group exposed conduits together. Arrange such conduits uniformly and neatly. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 42 – 3 Conduits, Raceways and Fittings 2. Support all conduits within three feet of any junction box, coupling, bend or fixture. 3. Support conduit risers in shafts with Unistrut Superstrut, or approved equal, channels and straps. I. Moisture Seals: Provide in accordance with NEC paragraphs 230-8 and 300-5(g). J. Where PVC conduit transitions from underground to above grade, provide rigid steel 90’s with risers. Rigid steel shall be half-lap wrapped with 20 mil tape and extend minimum 12” above grade. K. Provide a nylon pull cord in each empty raceway. L. Provide galvanized rigid steel factory fittings for galvanized rigid steel conduit. M. Slope all underground raceways to provide drainage; for example, slope conduit from equipment located inside a building to the pull box or manhole located outside the building. N. Conduits shall be blown out and swabbed prior to pulling wires, or installation of pull cord in empty conduits. PART 4 – MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The work performed under Section 26 05 42 – Conduits, Raceways and Fittings as defined in this section, will not be measured separately for payment. Full compensation for the work of this section will be considered as included in the prices for other contract items listed in the schedule of bid prices in the Bid Form, and no additional compensation will be allowed. 4.02 PAYMENT A. The contract lump sum price paid for Conduits, Raceways and Fittings shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 26 05 42 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 43 – 1 Underground Ducts SECTION 26 05 43 UNDERGROUND DUCTS PART 1 - GENERAL 1.01 DESCRIPTION OF WORK A. The work of this section consists of furnishing and installing raceways, and raceway spacers with necessary excavation. 1.02 RELATED WORK A. See the following specification sections for work related to the work of this section. 1. Section 31 20 00 – Earth Moving 2. Section 26 05 42 – Conduit Raceway and Fittings 1.03 STANDARDS AND CODES A. Work and material shall be in compliance with and according to the requirements of the latest revision of the following standards and codes. 1. National Electrical Code (NEC) (Latest Revision) 2. California Electrical Code (CEC). 3. Underground Installations CEC - Article 300.5 4. Rigid NonMetallic Conduit CEC - Article 347 PART 2 - PRODUCTS 2.01 RACEWAYS A. As specified in Section 26 05 42 Conduits, Raceways and Fittings. PART 3 - EXECUTION 3.01 EXCAVATION A. As specified in Section 02200, Excavation and Backfill and as required for the work shown on the Drawings. 3.02 Install raceways as indicated on drawings. 3.03 SAND ENCASEMENT A. As specified in Section 31 20 00 – Earth Moving. 3.04 BACKFILL A. As specified in Section 31 20 00 – Earth Moving. PART 4 – MEASUREMENT AND PAYMENT McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 43 – 2 Underground Ducts 4.01 MEASUREMENT A. The work performed under Section 26 05 43 – Underground Ducts as defined in this section, will not be measured separately for payment. Full compensation for the work of this section will be considered as included in the prices for other contract items listed in the schedule of bid prices in the Bid Form, and no additional compensation will be allowed. 4.02 PAYMENT A. The contract lump sum price paid for Underground Ducts shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 26 05 43 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 44 – 1 In Grade Pull Boxes SECTION 26 05 44 IN GRADE PULL BOXES PART 1 - GENERAL 1.01 DESCRIPTION OF WORK A. The work of this section consists of providing all labor, supervision, tools, materials, and performing all work necessary to furnish and install pre-cast concrete vaults, and pull boxes with necessary excavation. 1.02 RELATED WORK A. See the following specification sections for work related to the work of this section. 1. Section 31 20 00 – Earth Moving 2. Section 26 05 43 – Underground Ducts 1.03 SUBMITTALS A. As specified in Section 26 05 00 and Division 01. 1. Catalog Data: Provide manufacturer's descriptive literature - Pre-cast Vaults, Pull Boxes and Accessories. PART 2 - PRODUCTS 2.01 MATERIALS AND EQUIPMENT A. General Requirements: 1. Pull boxes for electrical power, controls and other communication circuits shall consist of pre-cast reinforced concrete boxes, extensions' bases, and covers as specified herein and as indicated on the Drawings. Pre-cast units shall be the product of a manufacturer regularly engaged in the manufacture of pre-cast vaults and pull boxes. Acceptable manufacturers are Christy, Utility Vault, Brooks, Associated Concrete or equal. B. Construction: 1. Pre-cast concrete vaults and pull boxes for electrical power distribution and communication circuits with associated risers and tops shall conform to ASTM C478 and ACI 318. Pull boxes shall be the type noted on the Drawings and shall be constructed in accordance with the applicable details as shown. Tops and walls shall consist of reinforced concrete. Walls and bottom shall be of monolithic concrete construction. Duct entrances and windows shall be located near the corners of structures to facilitate cable racking. C. Covers: 1. The word "ELECTRICAL" shall be cast in the top face of all electrical cable boxes. The word “Signal” or “Fire Alarm” shall be cast in the top of the boxes utilized for these systems. PART 3 - EXECUTION Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 05 44 – 2 In Grade Pull Boxes 3.01 INSTALLATION A. Install pull boxes where required to limit bends in conduit runs to not more than 360 degrees or where pulling tension achieved would exceed the maximum allowable for the cable to be installed. Note that these boxes are not shown on the Drawings. B. Pre-cast pull boxes shall be installed approximately where indicated on the Drawings. The exact location of each pull box shall be determined after careful consideration has been given to the location of other utilities, grading, and paving. All cable boxes and secondary pull boxes shall be installed with a minimum of 6-inch thick crushed rock or sand bedding. C. Paved areas - Vaults and pull boxes located in areas to be paved shall be installed such that the top of the cover shall be flush with the finished surface of the paving. D. Unpaved Areas - In unpaved areas, the top of vaults and pull box covers shall be approximately 2 inches above finished grade. E. Joint Seals - Section joints of pre-cast vaults and pull boxes shall be sealed with compound as recommended by the manufacturer. F. Trenching, Backfilling, and Compaction - Trenching, backfilling and compaction shall be as specified in Section 31 20 00 – Earth Moving. PART 4 – MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The work performed under Section 26 05 44 – In Grade Pull Boxes as defined in this section, will not be measured separately for payment. Full compensation for the work of this section will be considered as included in the prices for other contract items listed in the schedule of bid prices in the Bid Form, and no additional compensation will be allowed. 4.02 PAYMENT A. The contract lump sum price paid for In Grade Pull Boxes shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 26 05 44 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 51 00 – 1 Lighting SECTION 26 51 00 LIGHTING PART 1 – GENERAL 1.01 DESCRIPTION OF WORK A. The work of this section consists of providing a lighting system complete, including fixtures, lamps, hangers, reflectors, glassware, lenses, auxiliary equipment, ballasts and sockets. 1.02 RELATED WORK A. See the following specification sections for work related to the work of this section: 1. Section 26 05 00 – General Electrical Requirements. 2. Section 26 05 42 – Conduit, Raceway and Fittings. 3. Section 26 05 19 – Line Voltage Wire and Cable. 1.03 SUBMITTALS: In accordance with Division 01. A. Submit descriptive data, photometric curves for each fixture configuration proposed. B. Submit shop drawings showing proposed methods for mounting lighting fixtures. C. Seismic Requirements: Submit: 1. Sketch or description of the anchorage system. D. Submit Operation and Maintenance Data per Division 01. 1.04 WARRANTY: LED drivers/lamps which fail within the first year after final acceptance shall be replaced by the Contractor with the warranty clause of the General Provisions. PART 2 – PRODUCTS 2.01 FIXTURES A. Fixtures shall be of the types, wattage's and voltages shown on the Drawings and be UL classified and labeled for the intended use. B. Substitutions will not be considered unless the photometric distribution curve indicates the proposed fixture is equal to or exceeds the specified luminaire. C. Luminaire wire, and the current carrying capacity thereof shall be in accordance with the CEC. D. Luminaires and lighting equipment shall be delivered to the project site complete, with suspension accessories, aircraft cable, stems, canopies, hickeys, castings, sockets, holders, ballasts, diffusers, frames, and related items, including support and braces. 2.02 LED DRIVERS A. LED drivers shall be of the types shown on the drawings. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 26 51 00 – 2 Lighting PART 3 – EXECUTION 3.01 INSTALLATION A. General: 1. All fixtures and luminaires shall be clean and lamps shall be operable at the time of acceptance. 2. Install luminaires in accordance with manufacturer's instructions, complete with lamps, ready for operation as indicated. 3. Align, mount, and level the luminaires uniformly. 4. Avoid interference with and provide clearance for equipment. Where an indicated position conflicts with equipment locations, change the location of the luminaire by the minimum distance necessary. B. Mounting and Supports: 1. Mounting heights shall be as shown on the Drawings. 2. Refer to fixture mounting details on drawings for installation requirements. PART 4 – MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The work performed under Section 26 51 00 – Lighting as defined in this section, will not be measured separately for payment. Full compensation for the work of this section will be considered as included in the prices for other contract items listed in the schedule of bid prices in the Bid Form, and no additional compensation will be allowed. 4.02 PAYMENT A. The contract lump sum price paid for Lighting shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 26 51 00 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Site Clearing 31 10 00 – 1 SECTION 31 10 00 – SITE CLEARING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Subcontract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Removing existing vegetation. 2. Clearing and grubbing. 3. Stripping and stockpiling topsoil. 4. Removing above- and below-grade site improvements. 5. Temporary erosion- and sedimentation-control measures. B. Related Sections: 1. Section 01 56 39 – Temporary Tree Protection 1.3 DEFINITIONS A. Subsoil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms. B. Surface Soil: Soil that is present at the top layer of the existing soil profile at the Project site. In undisturbed areas, the surface soil is typically topsoil; but in disturbed areas such as urban environments, the surface soil can be subsoil. C. Topsoil: Top layer of the soil profile consisting of existing native surface topsoil or existing in- place surface soil and is the zone where plant roots grow. Its appearance is generally friable, pervious, and black or a darker shade of brown, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 2 inches (50 mm) in diameter; and free of subsoil and weeds, roots, toxic materials, or other non-soil materials. D. Vegetation: Trees, shrubs, groundcovers, grass, and other plants. 1.4 MATERIAL OWNERSHIP A. Except for stripped topsoil and other materials indicated to be stockpiled or otherwise remain OWNER's property, cleared materials shall become subcontractor's property and shall be removed from Project site. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Site Clearing 31 10 00 – 2 1.5 SUBMITTALS A. Existing Conditions: Documentation of existing trees and plantings, adjoining construction, and site improvements that establishes preconstruction conditions that might be misconstrued as damage caused by site clearing. 1. Use sufficiently detailed photographs or videotape. B. Record Drawings: Identifying and accurately showing locations of capped utilities and other subsurface structural, electrical, and mechanical conditions. 1.6 QUALITY ASSURANCE A. Preinstallation Conference: Conduct conference if requested by OWNER. 1.7 PROJECT CONDITIONS A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing operations. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from OWNER and authorities having jurisdiction. 2. Provide alternate routes around closed or obstructed traffic ways if required by ENGINEER or authorities having jurisdiction. B. Improvements on Adjacent Property: Authority for performing site clearing indicated on property adjacent OWNER's property will be obtained by OWNER before award of Subcontract. 1. Do not proceed with work on adjoining property until directed by OWNER. C. Salvable Improvements: Carefully remove items indicated to be salvaged or discovered on site and store on OWNER's premises per OWNER direction. D. Utility Locator Service: Notify OWNER for area where Project is located before site clearing. E. Do not commence site clearing operations until temporary erosion- and sedimentation-control measures are in place. F. The following practices are prohibited within protection zones: 1. Storage of construction material, debris, or excavated material. 2. Parking vehicles or equipment. 3. Foot traffic. 4. Erection of sheds or structures. 5. Impoundment of water. 6. Excavation or other digging unless otherwise indicated. 7. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Site Clearing 31 10 00 – 3 G. Do not direct vehicle or equipment exhaust towards protection zones. H. Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones. I. Soil Stripping, Handling, and Stockpiling: Perform as directed by geotechnical report. J. Potential non-reusable soil – OWNER shall remove or provide information on the location of any soil that does not meet OWNER internal soil reuse policy. PART 2 - PRODUCTS 2.1 MATERIALS A. Satisfactory Soil Material: Requirements for satisfactory soil material are specified in Section 31 20 00 – Earth Moving. 1. Obtain approved borrow soil material off-site when satisfactory soil material is not available on-site. PART 3 - EXECUTION 3.1 PREPARATION A. Protect and maintain benchmarks and survey control points from disturbance during construction. B. Protect existing site improvements to remain from damage during construction. 1. Restore damaged improvements to their original condition, as acceptable to OWNER. 3.2 TEMPORARY EROSION AND SEDIMENTATION CONTROL A. Provide temporary erosion- and sedimentation-control measures to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways, according to erosion- and sedimentation-control Drawings and requirements of authorities having jurisdiction. B. Verify that flows of water redirected from construction areas or generated by construction activity do not enter or cross protection zones. C. Inspect, maintain, and repair erosion- and sedimentation-control measures during construction until permanent vegetation has been established. D. Remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal. E. Water all active construction areas at least twice daily. Frequency should be based on Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Site Clearing 31 10 00 – 4 the type of operation, soil, and wind exposure (and prevent visible emissions and off-site drift) F. When possible, perform grading activities during morning hours when winds are generally calmer, and prohibit grading activities during periods of high wind speed (over 15 mph) G. Haul trucks will maintain at least two feet of freeboard H. All trucks hauling dirt, sand, or loose materials will be covered I. Cover inactive storage piles J. Install wheel washers at the entrance to construction sites for all exiting trucks K. Post a publicly visible sign that specifies the telephone number and person to contact regarding dust complaints. This person shall respond to complaints and take corrective action within 48 hours. The phone number of the Monterey Bay Unified Air Pollution Control District shall be visible to ensure compliance with Rule 402 (Nuisance); L. Plant vegetative ground cover in disturbed areas as soon as possible; M. Sweep street if visible soil material is carried out from the construction site; and N. Limit grading to 8.1 acres per day, and grading and excavation to 2.2 acres per day. 3.3 TREE AND PLANT PROTECTION A. General: Protect trees and plants remaining on-site according to requirements in Section 01 56 39 – Temporary Tree and Plant Protection. 3.4 EXISTING UTILITIES A. OWNER will arrange for disconnecting and sealing indicated utilities that serve existing structures before site clearing, when requested by subcontractor. 1. Verify that utilities have been disconnected and capped before proceeding with site clearing. B. Locate, identify, disconnect, and seal or cap utilities indicated to be removed or abandoned in place. 1. Arrange with utility companies to shut off indicated utilities. 2. OWNER will arrange to shut off indicated utilities when requested by subcontractor. C. Interrupting Existing Utilities: Do not interrupt utilities serving facilities occupied by OWNER or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify OWNER not less than two days in advance of proposed utility interruptions. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Site Clearing 31 10 00 – 5 2. Do not proceed with utility interruptions without OWNER's written permission. D. Excavate for and remove underground utilities indicated to be removed. 3.5 CLEARING AND GRUBBING A. Remove obstructions, trees, shrubs, and other vegetation to permit installation of new construction. 1. Grind down stumps and remove roots, obstructions, and debris to a depth of 24 inches below exposed subgrade. 2. Use only hand methods for grubbing within protection zones. 3. Chip removed tree branches and dispose of off-site or per OWNER recommendation. B. Fill depressions caused by clearing and grubbing operations with satisfactory soil material unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding a loose depth of 8 inches (200 mm), and compact each layer to a density equal to adjacent original ground, according to geotechnical recommendation by Consolidated Engineering Laboratories, August 26, 2011 p. 13. 3.6 TOPSOIL STRIPPING A. Remove sod and grass before stripping topsoil. B. Strip topsoil to depth of 8 inches (200 mm) in a manner to prevent intermingling with underlying subsoil or other waste materials. 1. Remove subsoil and nonsoil materials from topsoil, including clay lumps, gravel, and other objects more than 2 inches (50 mm) in diameter; trash, debris, weeds, roots, and other waste materials. C. Stockpile topsoil away from edge of excavations without intermixing with subsoil. Grade and shape stockpiles to drain surface water. Cover to prevent windblown dust and erosion by water. 1. Limit height of topsoil stockpiles to 72 inches (1800 mm). 2. Do not stockpile topsoil within protection zones. 3. Dispose of surplus topsoil. Surplus topsoil is that which exceeds quantity indicated to be stockpiled or reused. 4. Stockpile surplus topsoil to allow for re-spreading deeper topsoil. 3.7 SITE IMPROVEMENTS A. Remove existing above- and below-grade improvements as indicated and necessary to facilitate new construction. B. Remove slabs, paving, curbs, gutters, and aggregate base as indicated. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Site Clearing 31 10 00 – 6 1. Unless existing full-depth joints coincide with line of demolition, neatly saw-cut along line of existing pavement to remain before removing adjacent existing pavement. Saw- cut faces vertically. 3.8 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Remove surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste materials including trash and debris, and legally dispose of them off OWNER's property. B. Separate recyclable materials produced during site clearing from other non-recyclable materials. Store or stockpile without intermixing with other materials and transport them to recycling facilities. Do not interfere with other Project work. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. The work performed under Section 31 10 00 – Site Clearing, as defined in this section, will be measured by the lump sum. 4.2 PAYMENT A. The contract lump sum price paid for Site Clearing shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 31 10 00 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Earth Moving 31 20 00 – 1 SECTION 31 20 00 – EARTH MOVING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Subcontract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Preparing subgrades for slabs-on-grade, walks, pavements, turf and grasses, and plants. 2. Subbase course for concrete walks and pavements. 3. Subsurface drainage backfill for walls and trenches. 4. Excavating and backfilling trenches for utilities. B. Related Sections: 1. Section 31 10 00 – Site Clearing for site stripping, grubbing, stripping and stockpiling topsoil, and removal of above- and below-grade improvements and utilities. 2. Section 32 90 00 – Planting for finish grading in planting areas and tree and shrub pit excavation and planting. 1.3 DEFINITIONS A. Backfill: Soil material used to fill an excavation. 1. Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to support sides of pipe. 2. Final Backfill: Backfill placed over initial backfill to fill a trench. B. Base Course: Aggregate layer placed between the subbase course and hot-mix asphalt paving. C. Bedding Course: Aggregate layer placed over the excavated subgrade in a trench before laying pipe. D. Borrow Soil: Satisfactory soil imported from off-site for use as fill or backfill. E. Drainage Course: Aggregate layer supporting the slab-on-grade that also minimizes upward capillary flow of pore water. F. Excavation: Removal of material encountered above subgrade elevations and to lines and dimensions indicated. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Earth Moving 31 20 00 – 2 1. Authorized Additional Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions as directed by OWNER. Authorized additional excavation and replacement material will be paid for according to Subcontract provisions for changes in the Work. 2. Bulk Excavation: Excavation more than 10 feet (3 m) in width and more than 30 feet (9 m) in length. 3. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions without direction by OWNER. Unauthorized excavation, as well as remedial work directed by OWNER, shall be without additional compensation. G. Fill: Soil materials used to raise existing grades. H. Rock: Rock material in beds, ledges, unstratified masses, conglomerate deposits, and boulders of rock material 3/4 cu. yd. (0.57 cu. m) or more in volume that exceed a standard penetration resistance of 100 blows/2 inches (97 blows/50 mm) when tested by a geotechnical testing agency, according to ASTM D 1586. I. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below the ground surface. J. Subbase Course: Aggregate layer placed between the subgrade and base course for hot-mix asphalt pavement, or aggregate layer placed between the subgrade and a cement concrete pavement or a cement concrete or hot-mix asphalt walk. K. Subgrade: Uppermost surface of an excavation or the top surface of a fill or backfill immediately below subbase, drainage fill, drainage course, or topsoil materials. L. Utilities: On-site underground pipes, conduits, ducts, and cables, as well as underground services within buildings. 1.4 SUBMITTALS A. Product Data: For each type of the following manufactured products required: 1. Warning tapes. B. Samples for Verification: For the following products, in sizes indicated below: 1. Warning Tape: 12 inches (300 mm) long; of each color. C. Qualification Data: For qualified testing agency. D. Material Test Reports: For each on-site and borrow soil material proposed for fill and backfill as follows: 1. Classification according to ASTM D 2487. 2. Laboratory compaction curve according to ASTM D 1557. E. Preexcavation Photographs or Videotape: Show existing conditions of adjoining construction and site improvements, including finish surfaces, that might be misconstrued as damage caused by earth moving operations. Submit before earth moving begins. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Earth Moving 31 20 00 – 3 1.5 QUALITY ASSURANCE A. Geotechnical Testing Agency Qualifications: Qualified according to ASTM E 329 and ASTM D 3740 for testing indicated. B. Preexcavation Conference: Conduct conference per OWNER request. 1.6 PROJECT CONDITIONS A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during earth moving operations. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from OWNER and authorities having jurisdiction. 2. Provide alternate routes around closed or obstructed traffic ways if required by OWNER or authorities having jurisdiction. B. Improvements on Adjacent Property: Authority for performing earth moving indicated on property adjacent OWNER's property will be obtained by OWNER before award of Subcontract. 1. Do not proceed with work on adjacent property until directed by OWNER. C. Utility Locator Service: Notify OWNER for area where Project is located before beginning earth moving operations. D. Do not commence earth moving operations until temporary erosion- and sedimentation-control measures, specified in" Section 31 10 00 – Site Clearing, are in place. PART 2 - PRODUCTS 2.1 SOIL MATERIALS A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. B. Satisfactory Soils: Materials shall be free of rock or gravel larger than 3 inches (75 mm) in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. 1. Plasticity Index: R value greater than 40, P.I. 12 or less. C. Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2-inch (37.5-mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve. D. Base Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 95 percent passing a 1-1/2-inch (37.5-mm) sieve and not more than 8 percent passing a No. 200 (0.075-mm) sieve. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Earth Moving 31 20 00 – 4 E. Engineered Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2-inch (37.5-mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve. F. Bedding Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a 1-inch (25-mm) sieve and not more than 8 percent passing a No. 200 (0.075-mm) sieve. G. Drainage Course: Narrowly graded mixture of washed crushed stone, or crushed or uncrushed gravel; ASTM D 448; coarse-aggregate grading Size 57; with 100 percent passing a 1-1/2-inch (37.5-mm) sieve and 0 to 5 percent passing a No. 8 (2.36-mm) sieve. H. Filter Material: Narrowly graded mixture of natural or crushed gravel, or crushed stone and natural sand; ASTM D 448; coarse-aggregate grading Size 67; with 100 percent passing a 1- inch (25-mm) sieve and 0 to 5 percent passing a No. 4 (4.75-mm) sieve. I. Sand: ASTM C 33; fine aggregate. J. Impervious Fill: Clayey gravel and sand mixture capable of compacting to a dense state. 2.2 ACCESSORIES A. Detectable Warning Tape: Acid- and alkali-resistant, polyethylene film warning tape manufactured for marking and identifying underground utilities, a minimum of 6 inches (150 mm) wide and 4 mils (0.1 mm) thick, continuously inscribed with a description of the utility, with metallic core encased in a protective jacket for corrosion protection, detectable by metal detector when tape is buried up to 30 inches (750 mm) deep; colored as follows: 1. Red: Electric. 2. Yellow: Gas, oil, steam, and dangerous materials. 3. Orange: Telephone and other communications. 4. Blue: Water systems. 5. Green: Sewer systems. PART 3 - EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earth moving operations. B. Protect and maintain erosion and sedimentation controls during earth moving operations. C. Protect subgrades and foundation soils from freezing temperatures and frost. Remove temporary protection before placing subsequent materials. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Earth Moving 31 20 00 – 5 3.2 DEWATERING A. Prevent surface water and ground water from entering excavations, from ponding on prepared subgrades, and from flooding Project site and surrounding area. B. Protect subgrades from softening, undermining, washout, and damage by rain or water accumulation. 1. Reroute surface water runoff away from excavated areas. Do not allow water to accumulate in excavations. Do not use excavated trenches as temporary drainage ditches. 3.3 EXCAVATION, GENERAL A. Unclassified Excavation: Excavate to subgrade elevations regardless of the character of surface and subsurface conditions encountered. Unclassified excavated materials may include rock, soil materials, and obstructions. No changes in the Subcontract Sum or the Subcontract Time will be authorized for rock excavation or removal of obstructions. 1. If excavated materials intended for fill and backfill include unsatisfactory soil materials and rock, replace with satisfactory soil materials. B. Classified Excavation: Excavate to subgrade elevations. Material to be excavated will be classified as earth and rock. Do not excavate rock until it has been classified and cross sectioned by OWNER. The Subcontract Sum will be adjusted for rock excavation according to unit prices included in the Subcontract Documents. Changes in the Subcontract Time may be authorized for rock excavation. 1. Earth excavation includes excavating pavements and obstructions visible on surface; underground structures, utilities, and other items indicated to be removed; together with soil, boulders, and other materials not classified as rock or unauthorized excavation. a. Intermittent drilling; ram hammering; or ripping of material not classified as rock excavation is earth excavation. 3.4 EXCAVATION FOR WALKS AND PAVEMENTS A. Excavate surfaces under walks and pavements to indicated lines, cross sections, elevations, and subgrades. 3.5 EXCAVATION FOR UTILITY TRENCHES A. Excavate trenches to indicated gradients, lines, depths, and elevations. B. Excavate trenches to uniform widths to provide the following clearance on each side of pipe or conduit. Excavate trench walls vertically from trench bottom to 12 inches (300 mm) higher than top of pipe or conduit unless otherwise indicated. 1. Clearance: As indicated on drawings. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Earth Moving 31 20 00 – 6 C. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and support of pipes and conduit. Shape subgrade to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits. Remove projecting stones and sharp objects along trench subgrade. 1. For pipes and conduit less than 6 inches (150 mm) in nominal diameter, hand-excavate trench bottoms and support pipe and conduit on an undisturbed subgrade. 2. For pipes and conduit 6 inches (150 mm) or larger in nominal diameter, shape bottom of trench to support bottom 90 degrees of pipe or conduit circumference. Fill depressions with tamped sand backfill. 3. For flat-bottomed, multiple-duct conduit units, hand-excavate trench bottoms and support conduit on an undisturbed subgrade. 4. Excavate trenches 6 inches (150 mm) deeper than elevation required in rock or other unyielding bearing material to allow for bedding course. D. Trenches in Tree- and Plant-Protection Zones: 1. Hand-excavate to indicated lines, cross sections, elevations, and subgrades. Use narrow- tine spading forks to comb soil and expose roots. Do not break, tear, or chop exposed roots. Do not use mechanical equipment that rips, tears, or pulls roots. 2. Do not cut main lateral roots or taproots; cut only smaller roots that interfere with installation of utilities. 3. Cut and protect roots according to requirements in Section 015639 "Temporary Tree and Plant Protection." 3.6 SUBGRADE INSPECTION A. Notify OWNER when excavations have reached required subgrade. B. If OWNER determines that unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed. C. Proof-roll subgrade below the building slabs and pavements with a pneumatic-tired or equivalent machine to identify soft pockets and areas of excess yielding. Do not proof-roll wet or saturated subgrades. 1. Completely proof-roll subgrade in one direction, repeating proof-rolling in direction perpendicular to first direction. Limit vehicle speed to 3 mph (5 km/h). 2. Excavate soft spots, unsatisfactory soils, and areas of excessive pumping or rutting, as determined by OWNER, and replace with compacted backfill or fill as directed. D. Authorized additional excavation and replacement material will be paid for according to Subcontract provisions for unit prices changes in the Work. E. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by OWNER, without additional compensation. 3.7 UNAUTHORIZED EXCAVATION A. Fill unauthorized excavation under foundations or wall footings by extending bottom elevation of concrete foundation or footing to excavation bottom, without altering top elevation. Lean Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Earth Moving 31 20 00 – 7 concrete fill, with 28-day compressive strength of 2500 psi (17.2 MPa), may be used when approved by OWNER. 1. Fill unauthorized excavations under other construction, pipe, or conduit as directed by OWNER at no additional cost to OWNER. 3.8 STORAGE OF SOIL MATERIALS A. Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust. 1. Stockpile soil materials away minimum 2 feet from edge of excavations for every 1 foot depth of excavation ratio (2:1). Do not store within drip line of remaining trees. 3.9 BACKFILL A. Place and compact backfill in excavations promptly, but not before completing the following: 1. Construction below finish grade including, where applicable, subdrainage, dampproofing, waterproofing, and perimeter insulation. 2. Surveying locations of underground utilities for Record Documents. 3. Testing and inspecting underground utilities. 4. Removing concrete formwork. 5. Removing trash and debris. 6. Removing temporary shoring and bracing, and sheeting. 7. Installing permanent or temporary horizontal bracing on horizontally supported walls. B. Place backfill on subgrades free of mud, frost, snow, or ice. 3.10 UTILITY TRENCH BACKFILL A. Place backfill on subgrades free of mud, frost, snow, or ice. B. Place and compact bedding course on trench bottoms and where indicated. Shape backfill course to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits. C. Trenches under Footings: Backfill trenches excavated under footings and within 18 inches (450 mm) of bottom of footings with satisfactory soil then fill with concrete to elevation of bottom of footings. Concrete is specified in Section 033000 "Cast-in-Place Concrete". D. Backfill voids with satisfactory soil while removing shoring and bracing. E. Place and compact initial backfill of subbase material, free of particles larger than 1 inch (25 mm) in any dimension, to a height of 12 inches (300 mm) over the pipe or conduit. 1. Carefully compact initial backfill under pipe haunches and compact evenly up on both sides and along the full length of piping or conduit to avoid damage or displacement of piping or conduit. Coordinate backfilling with utilities testing. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Earth Moving 31 20 00 – 8 F. Place and compact final backfill of satisfactory soil to final subgrade elevation. G. Install detectable warning tape directly above utilities, 12 inches (300 mm) below finished grade, except 6 inches (150 mm) below subgrade under pavements and slabs. 3.11 SOIL FILL A. Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill material will bond with existing material. B. Place and compact fill material in layers to required elevations as follows: 1. Under grass and planted areas, use 12” of topsoil material. 2. Under walks and pavements, use satisfactory soil material. 3. Under steps and ramps, use engineered fill. 4. Under building slabs, use engineered fill. 5. Under footings and foundations, use engineered fill. C. Place soil fill on subgrades free of mud, frost, snow, or ice. 3.12 SOIL MOISTURE CONTROL A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil layer before compaction to within 2 percent of optimum moisture content. 1. Do not place backfill or fill soil material on surfaces that are muddy, frozen, or contain frost or ice. 2. Remove and replace, or scarify and air dry, otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight. 3.13 COMPACTION OF SOIL BACKFILLS AND FILLS A. Place backfill and fill soil materials in layers not more than 8 inches (200 mm) in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches (100 mm) in loose depth for material compacted by hand-operated tampers. B. Compact soil materials to not less than the following percentages of maximum dry unit weight according to ASTM D 1557: 1. Under structures, building slabs, steps, and pavements, scarify and recompact top 12 inches (300 mm) of existing subgrade and each layer of backfill or fill soil material at 95 percent. 2. Under walkways, scarify and recompact top 6 inches (150 mm) below subgrade and compact each layer of backfill or fill soil material at 92 percent. 3. Under turf or unpaved areas, scarify and recompact top 6 inches (150 mm) below subgrade and compact each layer of backfill or fill soil material at 90 percent. 4. For utility trenches, compact each layer of initial and final backfill soil material at 85 percent or as indicated on plans. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Earth Moving 31 20 00 – 9 3.14 GRADING A. General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. 1. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, fill low spots, and trim high spots to comply with required surface tolerances. B. Site Rough Grading: Slope grades to direct water away from buildings and to prevent ponding. Finish subgrades to required elevations within the following tolerances: 1. Turf or Unpaved Areas: Plus or minus 1 inch (25 mm). 2. Walks: Plus or minus 1 inch (25 mm). 3. Pavements: Plus or minus 1/2 inch (13 mm). C. Grading inside Building Lines: Finish subgrade to a tolerance of 1/2 inch (13 mm) when tested with a 10-foot (3-m) straightedge. 3.15 SUBBASE AND BASE COURSES UNDER PAVEMENTS AND WALKS A. Place subbase course and base course on subgrades free of mud, frost, snow, or ice. B. On prepared subgrade, place subbase course and base course under pavements and walks as follows: 1. Place base course material over subbase course under hot-mix asphalt pavement. 2. Shape subbase course and base course to required crown elevations and cross-slope grades. 3. Place subbase course and base course 6 inches (150 mm) or less in compacted thickness in a single layer. 4. Place subbase course and base course that exceeds 6 inches (150 mm) in compacted thickness in layers of equal thickness, with no compacted layer more than 6 inches (150 mm) thick or less than 3 inches (75 mm) thick. 5. Compact subbase course and base course at optimum moisture content to required grades, lines, cross sections, and thickness to not less than 95 percent of maximum dry unit weight according to ASTM D 1557. C. Pavement Shoulders: Place shoulders along edges of subbase course and base course to prevent lateral movement. Construct shoulders, at least 12 inches (300 mm) wide, of satisfactory soil materials and compact simultaneously with each subbase and base layer to not less than 95 percent of maximum dry unit weight according to ASTM D 1557. 3.16 FIELD QUALITY CONTROL A. Special Inspections: OWNER will engage a qualified special inspector to perform the following special inspections: 1. Determine prior to placement of fill that site has been prepared in compliance with requirements. 2. Determine that fill material and maximum lift thickness comply with requirements. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Earth Moving 31 20 00 – 10 3. Determine, at the required frequency, that in-place density of compacted fill complies with requirements. B. Testing Agency: OWNER will engage a qualified geotechnical engineering testing agency to perform tests and inspections. C. Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with subsequent earth moving only after test results for previously completed work comply with requirements. D. Footing Subgrade: At footing subgrades, at least one test of each soil stratum will be performed to verify design bearing capacities. Subsequent verification and approval of other footing subgrades may be based on a visual comparison of subgrade with tested subgrade when approved by OWNER. E. Testing agency will test compaction of soils in place according to ASTM D 1556, ASTM D 2167, ASTM D 2922, and/or ASTM D 2937, as applicable. Tests will be performed at the following locations and frequencies: 1. Paved and Building Slab Areas: At subgrade and at each compacted fill and backfill layer, at least one test for every 2000 sq. ft. (186 sq. m) or less of paved area or building slab, but in no case fewer than three tests. 2. Foundation Wall Backfill: At each compacted backfill layer, at least one test for every 100 feet (30 m) or less of wall length, but no fewer than two tests. 3. Trench Backfill: At each compacted initial and final backfill layer, at least one test for every 150 feet (46 m) or less of trench length, but no fewer than two tests. F. When testing agency reports that subgrades, fills, or backfills have not achieved degree of compaction specified, scarify and moisten or aerate, or remove and replace soil materials to depth required; recompact and retest until specified compaction is obtained. 3.17 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. 1. Scarify or remove and replace soil material to depth as directed by OWNER; reshape and recompact. C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to greatest extent possible. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Earth Moving 31 20 00 – 11 3.18 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Remove surplus satisfactory soil and waste materials, including unsatisfactory soil, trash, and debris, and legally dispose of them off OWNER's property. B. Transport surplus satisfactory soil to designated storage areas on OWNER's property. Stockpile or spread soil as directed by OWNER. 1. Remove waste materials, including unsatisfactory soil, trash, and debris, and legally dispose of them off OWNER's property. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. The work performed under Section 31 20 00 – Earth Moving as defined in this section, shall be measured by the lump sum. 4.2 PAYMENT A. The contract lump sum price paid for Earth Moving shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 31 20 00 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Trenching, Backfilling & Compaction 31 23 00 – 1 SECTION 31 23 00 TRENCHING, BACKFILLING, AND COMPACTING PART 1 - GENERAL 1.1 SUMMARY A. Trench, backfill, and compact as specified herein and as needed for installation of underground utilities associated with the Work. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division l of these Specifications. 2. Section 31 20 00 – Site Clearing. 3. Section 26 05 43 – Underground Ducts 1.2 QUALITY ASSURANCE A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section. B. Use equipment adequate in size, capacity, and numbers to accomplish the work in a timely manner. C. In addition to complying with requirements of governmental agencies having jurisdiction, comply with the directions of the construction soil engineer. PART 2 - PRODUCTS 2.1 SOIL MATERIALS A. Fill and backfill materials: 1. Provide soil materials free from organic matter and deleterious substances, containing no rocks or lumps over 2" in greatest dimension, and with not more than 10% of the rocks or lumps larger than 1" in their greatest dimension. 2. Fill material is subject to the approval of the construction soil engineer, and is that material removed from excavations or imported from off-site borrow areas, predominantly granular, non- expansive soil free from roots and other deleterious matter. 3. Imported fill material shall, in addition, have 10 to 40% by weight passing the #200 sieve, a plasticity index of less than 12, and a liquid limit of less than 30%. 2.2 OTHER MATERIALS A. Provide other materials, not specifically described but required for a complete and proper installation, as selected by the Contractor subject to the approval of the Architect. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Trenching, Backfilling & Compaction 31 23 00 – 2 PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not pro- ceed until unsatisfactory conditions are corrected. 3.2 FINISH ELEVATIONS AND LINES A. Comply with documents. 3.3 PROCEDURES A. Utilities: 1. Unless shown to be removed, protect active utility lines shown on the Drawings or otherwise made known to the Contractor prior to trenching. If damaged, repair or replace at no additional cost to the Owner. 2. If active utility lines are encountered, and are not shown on the Drawings or otherwise made known to the Contractor, promptly take necessary steps to assure that service is not interrupted. 3. If service is interrupted as a result of work under this Section, immediately restore service by repairing the damaged utility at no additional cost to the Owner. 4. If existing utilities are found to interfere with the permanent facilities being constructed under this Section, immediately notify the Architect and secure his instructions. 5. Do not proceed with permanent relocation of utilities until written instructions are received from the Architect. B. Protection of persons and property: 1. Barricade open holes and depressions occurring as part of the Work, and post warning lights on property adjacent to or with public access. 2. Operate warning lights during hours from dusk to dawn each day and as otherwise required. 3. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, washout, and other hazards created by operations under this Section. C. De-watering: 1. Remove all water, including rain water, encountered during trench and sub-structure work to an approved location by pumps, drains, and other approved methods. 2. Keep trenches and site construction area free from water. D. Use means necessary to prevent dust becoming a nuisance to the public, to neighbors, and to other work being performed on or near the site. E. Maintain access to adjacent areas at all times. 3.4 TRENCHING A. Provide sheeting and shoring necessary for protection of the Work and for the safety of personnel. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Trenching, Backfilling & Compaction 31 23 00 – 3 1. Prior to backfilling, remove all sheeting. 2. Do not permit sheeting to remain in the trenches except when, in the opinion of the Architect, field conditions or the type of sheeting or methods of construction such as use of concrete bedding are such as to make removal of sheeting impracticable. In such cases, the Architect may permit portions of sheeting to be cut off and remain in the trench. B. Open cut: 1. Excavate for utilities by open cut. 2. If conditions at the site prevent such open cut, and if approved by the Architect, trenching may be used. 3. Short sections of a trench may be tunneled if, in the opinion of the Architect, the conductor can be installed safely and backfill can be compacted properly into such tunnel. 4. Where it becomes necessary to excavate beyond the limits of normal excavation lines in order to remove boulders or other interfering objects, backfill the voids remaining after removal of the objects as directed by the construction soil engineer. 5. When the void is below the subgrade for the utility bedding, use approved earth materials and compact to the relative density directed by the construction soil engineer, but in no case to a relative density less than 90%. 6. When the void is in the side of the utility trench or open cut, use approved earth or sand compacted as approved by the construction soil engineer, but in no case to a relative density less than 85%. 7. Remove boulders and other interfering objects, and backfill voids left by such removals, at no additional cost to the Owner. 8. Excavating for appurtenances: a. Excavate for manholes and similar structures to a distance sufficient to leave at least 12" clear between outer surfaces and the embankment or shoring that may be used to hold and protect the banks. b. Overdepth excavation beyond such appurtenances that has not been directed will be considered unauthorized. Fill with sand, gravel, or lean concrete as directed by the construction soil engineer, and at no additional cost to the Owner. C. Trench to the minimum width necessary for proper installation of the utility, with sides as nearly vertical as possible. Accurately grade the bottom to provide uniform bearing for the utility. D. Depressions: 1. Dig bell holes and depressions for joints after the trench has been graded. Provide uniform bearing for the pipe on prepared bottom of the trench. 2. Except where rock is encountered, do not excavate below the depth indicated or specified. 3. Where rock is encountered, excavate rock to a minimum overdepth of 4" below the trench depth indicated or specified. E. Where utility runs traverse public property or are subject to governmental or utility company jurisdiction, provide depth, bedding, over, and other requirements as set forth by legally constituted authority having jurisdiction, but in no case less than the depth shown in the Contract Documents. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Trenching, Backfilling & Compaction 31 23 00 – 4 F. Where trenching occurs in existing lawns, remove turf in sections and keep damp. Replace turf upon completion of the backfilling. G. Cover: 1. Provide minimum trench depth indicated below to maintain a minimum cover over the top of the installed item below the finish grade or subgrade, unless specifically designed and shown otherwise on the drawings: a. Areas subject to vehicular traffic: 1) Sanitary sewers: 24"; 2) Storm drains: 24". b. Areas not subject to vehicular traffic: 1) Sanitary sewers: 18"; 2) Storm drains: 18". c. All areas: 1) Water lines: 18"; 2) Natural gas lines: 18"; 3) Electrical cables: 24"; 4) Electrical ducts: 18". d. Concrete encased: 1) Pipe sleeves for water and gas lines: 18"; 2) Sanitary sewers and storm drains: 12"; 3) Electrical ducts: 18". e. Where utilities are under a concrete structure slab or pavement, the minimum depth need only be sufficient to completely encase the conduit or pipe sleeve, and electrical long-radius rigid metal conduit riser, provided it will not interfere with the structural integrity of the slab or pavement. f. Where the minimum cover is not provided, encase the pipes in concrete as indicated. Provide concrete with a minimum 28 day compressive strength of 3000 psi. 3.5 BEDDING A. Provide bedding as indicated on the Drawings. 3.6 BACKFILLING A. General: 1. Do not completely backfill trenches until required pressure and leakage tests have been performed, and until the utilities systems as installed conform to the requirements specified in the pertinent Sections of these Specifications. 2. Except as otherwise specified or directed for special conditions, backfill trenches to the ground surface with selected material approved by the construction soil engineer. 3. Reopen trenches which have been improperly backfilled, to a depth as required for proper compaction. Refill and compact as specified, or otherwise correct to the approval of the construction soil engineer. 4. Do not allow or cause any of the Work performed or installed to be covered up or enclosed by work of this Section prior to required inspections, tests, and approvals. 5. Should any of the Work be so enclosed or covered up before it has been approved, uncover all such Work and, after approvals have been made, refill and compact as specified, all at no additional cost to the Owner. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Trenching, Backfilling & Compaction 31 23 00 – 5 B. Lower portion of trench: 1. Deposit approved backfill and bedding material in layers of 3" minimum thickness, and compact with suitable tampers to 90% relative density (85% in landscape areas), until there is a cover of not less than 24" over sewers and 12" over other utility lines. 2. Take special care in backfilling and bedding operations to not damage pipe and pipe coatings. C. Remainder of trench: 1. Except for special materials for pavements, backfill the remainder of the trench with approved backfill. 2. Deposit backfill material in layers not exceeding the thickness specified, and compact each layer to the minimum density indicated by the construction soil en- gineer. D. Adjacent to buildings: Mechanically compact backfill within ten feet of buildings. E. Consolidation of backfill by jetting with water may be permitted, when specifically approved by the construction soil engineer, in areas other than building and pavement areas. 3.7 TEST FOR DISPLACEMENT OF SEWERS AND STORM DRAINS A. Check sewers and storm drains to determine whether displacement has occurred after the trench has been backfilled to above the pipe and has been compacted as specified. B. Flash a light between manholes or, if the manholes have not yet been constructed, between the locations of the manholes, by means of a flashlight or by reflecting sunlight with a mirror. C. If the illuminated interior of the pipe line shows poor alignment, displaced pipes, or any other defects, correct the defects to the specified conditions and at no additional cost to the Owner. 3.8 PIPE JACKING A. The Contractor may, at his option, install steel pipe casings, tongue-and-groove reinforced concrete pipes, and steel pipes under existing roads or pavements by jacking into place using procedures approved by the governmental agencies having jurisdiction and approved by the construction soil engineer. 3.9 TUNNELING OPERATIONS A. The Contractor may, at his option, tunnel pipes into position using procedures approved by the construction soil engineer and the governmental agencies having jurisdiction. 3.10 FIELD QUALITY CONTROL A. The construction soil engineer will inspect open cuts and trenches before installation of utilities, and will make the following tests: B. Assure that trenches are not backfilled until all tests have been completed; Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Trenching, Backfilling & Compaction 31 23 00 – 6 C. Check backfilling for proper layer thickness and compaction; D. Verify that test results conform to the specified requirements, and that sufficient tests are performed; E. Assure that defective work is removed and properly replaced. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. The work performed under Section 32 23 00 – Trenching, Backfilling & Compaction will not be measured separately for payment. Full compensation for the work of this section will be considered as included in the prices for associated contract items listed in the schedule of bid prices in the Bid Form, and no additional compensation will be allowed. 4.2 PAYMENT A. The contract unit price paid for Trenching, Backfilling & Compaction shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 31 23 00 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 11 23 – 1 Aggregate Base Courses SECTION 32 11 23 - AGGREGATE BASE COURSES PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Subcontract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.02 DESCRITION OF WORK A. Aggregate base material for decomposed granite paving and source quality control. B. Installation standards. C. Spreading of material. D. Compacting. E. Field quality control. 1.03 SUBMITTALS A. Product Data: Submit source, gradation, R-value, sand equivalent, and durability for the proposed base material. B. Test Reports: Submit plant and field test reports as specified in Articles 2.02 and 3.05 herein. 1.04 REFERENCES A. American Society for Testing and Materials (ASTM): 1. ASTM C136: Test Method for Sieve Analysis of Fine and Coarse Aggregates 2. ASTM D421: Practice for Dry Preparation of Soil Samples for Particle-Size Analysis and Determination of Soil Constants 3. ASTM D1241: Specification for Materials for Soil-Aggregate Subbase, Base, and Surface Courses 4. ASTM D1557: Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort 5. ASTM D2419: Test Method for Sand Equivalent Value of Soils and Fine Aggregate 6. ASTM D2844: Test Method for Resistance R-Value and Expansion Pressure of Compacted Soils 7. ASTM D2922: Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth) 8. ASTM D3017: Test Method for Moisture Content of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth) 9. ASTM D3744: Test Method for Aggregate Durability Index Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 11 23 – 2 Aggregate Base Courses B. State of California, Department of Transportation (Caltrans), Standard Specifications, 2010 edition: 1. Section 17 Watering 2. Section 26 Aggregate Bases C. Project Specifications: 1. Section 32 13 13 – Concrete Paving. 2. Section 32 14 40 – Stabilized Decomposed Granite Paving. PART 2 - PRODUCTS 2.01 AGGREGATE BASE MATERIAL A. Aggregate for base course at the time the base material is deposited on the prepared sub grade or sub base shall conform with ASTM D1241 and the following requirements: 1. Class 2 Aggregate Base: a. Class 2 aggregate base shall be free of vegetable matter, reclaimed asphalt, concrete, glass and other deleterious substances. Coarse aggregate, material contained on the No. 4 sieve, shall consist of material of which 25 percent by weight shall be crushed particles. ¾” Class 2 aggregate base shall conform to the following grading, determined in accordance with ASTM C136: Percentage Passing Sieves 1-1/2 inch 3/4-inch Sieve Sizes Maximum Maximum 2-inch 100 ----- 1-1/2 inch 90-100 ----- 1-inch ----- 100 3/4-inch 50-85 90-100 No. 4 25-45 35-55 No. 30 10-25 10-30 No. 200 2-9 3-9 b. Class 2 aggregate base shall conform to the following additional requirements: ASTM Test Tests Method Requirements Resistance (R-Value) D2844 78 min. Sand Equivalent D2419 30 min. Durability Index D3744 35 min. 2. Where aggregate base is used as finish surfacing, it shall be virgin material. 2.02 SOURCE QUALITY CONTROL A. The Contractor shall perform sampling and tests of the aggregate base material in accordance with the ASTM Test Methods herein specified and provide copies of such tests to City, to determine compliance with specified requirements. Samples shall be taken from material as delivered to the site, and shall be prepared in accordance with ASTM D421, as applicable. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 11 23 – 3 Aggregate Base Courses B. Aggregate grading or sand equivalent test shall represent no more than 500 cubic yards of base material or one days production, whichever is the greater amount. PART 3 - EXECUTION 3.01 EXAMINATION A. The Contractor shall call for an inspection by the Owner and obtain written acceptance of the prepared sub grade or sub base before proceeding with the placement of aggregate base course. B. The sub grade or sub base to receive aggregate base course, immediately prior to spreading, shall conform to the compaction and elevation tolerances indicated for the material involved and shall be free of standing water and loose or extraneous material in accordance with Section 31 20 00 – Earth Moving. 3.02 INSTALLATION STANDARDS A. Aggregate base shall be applied over the prepared sub grade or sub base and compacted (95% relative compaction unless otherwise noted) in accordance with Section 26 of the Caltrans Standard Specifications. B. Aggregate base shall have minimum uniform thickness after compaction of dimensions indicated. Where not indicated, compacted thickness shall be 6 inches. C. All compaction expressed in percentages in this section refers to the maximum dry density as determined by ASTM D1557. 3.03 SPREADING OF MATERIAL A. Aggregate for base shall be delivered as uniform mixture of fine and coarse aggregate and shall be spread in layers without segregation. B. Aggregate base material shall be free from pockets of large and fine material. Segregated materials shall be remixed until uniform. C. Aggregate base material shall be moisture-conditioned to at least 2% over optimum moisture content in accordance with the applicable requirements of the Geotechnical Investigation (Appendix). D. Aggregate base 6 inches and less in thickness may be spread and compacted in one layer. For thickness greater than 6 inches, the base course aggregate shall be spread and compacted in two or more layers of uniform thickness not greater than 6 inches each per Caltrans Standard Specification Section 26. 3.04 COMPACTING A. Relative compaction of each layer of compacted aggregate base material shall be not less than 95 percent as determined by ASTM D1557. B. Thickness of finished base course shall not vary more than 3/4 inch from the indicated thickness at any point. Base that does not conform to this requirement shall be reshaped or reworked, watered, and recompacted to achieve compliance with specified requirements. C. The surface of the finished aggregate base course at any point shall not vary more than 3/4 inch above or below the indicated grade. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 11 23 – 4 Aggregate Base Courses 3.05 FIELD QUALITY CONTROL A. The Owner may, for Owner’s sole convenience, perform field tests to determine compliance with specified requirements for density and compaction of aggregate base material, and to determine moisture-content compliance of the installed base course. B. Testing frequency by Owner, if performed, is anticipated to be not less than one test for every 2,000 square feet of base course material, per layer or lift. Contractor shall accommodate and cooperate with such testing activity. PART 4 - MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. Aggregate base course shall not be measured separately for payment for any other item of work. Full compensation for work to provide and install aggregate base course shall be considered as included in the prices for other contract items in the schedule of bid prices in the Bid Form, and no additional compensation will be allowed. 4.02 PAYMENT A. The contract unit price for Aggregate Base Paving shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in placing Aggregate Base Paving, complete and in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 32 11 23 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Concrete Paving 32 13 13 – 1 SECTION 32 13 13 – CONCRETE PAVING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Subcontract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 REFERENCES A. The following documents form a part of these specifications to the extent stated herein. B. State of California, Department of Transportation (CALTRANS) 1. CALTRANS Standard Specifications : Sec 37 Bituminous Seals Sec 90 Concrete 1.3 SUMMARY A. Section Includes: 1. Curbs and gutters. 2. Truncated dome slab. B. Related Sections: 1.4 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement, fly ash and other pozzolans, and ground granulated blast-furnace slag. 1.5 SUBMITTALS A. Product Data: For each type of product indicated. B. Design Drawings: Indicate pavement markings, lane separations, and defined parking spaces. Indicate, with international symbol of accessibility, spaces allocated for people with disabilities. C. Samples for Initial Selection: For each type of product, ingredient, or admixture requiring color selection. D. Other Action Submittals: Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Concrete Paving 32 13 13 – 2 1. Design Mixtures: For each concrete paving mixture. Include alternate design mixtures when characteristics of materials, Project conditions, weather, test results, or other circumstances warrant adjustments. E. Color: Solomon ColorFlo Buckwheat #757. F. Mock up: 4’ x 4’ sample for each color and finish, to be approved by the City’s Representative. 1.6 QUALITY CONTROL and ASSURANCE A. Perform Quality Control and Assurance in accordance with CALTRANS Sec 90-1.01D B. Retain subparagraph below, which is required by ACI 301 and ASTM C 31. ASTM C 1077 notes that relevant field or laboratory technician certification by ACI, NRMCA, PCA, or the National Institute for Certification in Engineering Technologies may demonstrate evidence of competence. 1. Personnel conducting field tests shall be qualified as ACI Concrete Field Testing Technician, Grade 1, according to ACI CP-1 or an equivalent certification program. C. Concrete Testing Service: Engage a qualified testing agency to perform material evaluation tests and to design concrete mixtures. D. ACI Publications: Comply with ACI 301 unless otherwise indicated. 1.7 PROJECT CONDITIONS A. Traffic Control: Maintain access for vehicular and pedestrian traffic as required for other construction activities based on the California Manual of Uniform Traffic Control Devices (CA MUTCD). B. Pavement-Marking Paint: Proceed with pavement marking only on clean, dry surfaces and at a minimum ambient or surface temperature of 55 deg F (12.8 deg C) for water-based materials, and not exceeding 95 deg F (35 deg C). PART 2 - PRODUCTS 2.1 FORMS A. Form Materials: Plywood, metal, metal-framed plywood, or other approved panel-type materials to provide full-depth, continuous, straight, and smooth exposed surfaces. 1. Use flexible or uniformly curved forms for curves with a radius of 100 feet (30.5 m) or less. B. Form-Release Agent: Commercially formulated form-release agent that will not bond with, stain, or adversely affect concrete surfaces and that will not impair subsequent treatments of concrete surfaces. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Concrete Paving 32 13 13 – 3 2.2 STEEL REINFORCEMENT A. Plain-Steel Welded Wire Reinforcement: ASTM A 185, fabricated from steel wire into flat sheets. B. Reinforcing Bars: ASTM A 615, Grade 60 (Grade 420); deformed. C. Galvanized Reinforcing Bars: ASTM A 767, Class II zinc coated, hot-dip galvanized after fabrication and bending; with ASTM A 615, Grade 60 (Grade 420) deformed bars. D. Epoxy-Coated Reinforcing Bars: ASTM A 775 or ASTM A 934; with ASTM A 615, Grade 60 (Grade 420) deformed bars. E. Steel Bar Mats: ASTM A 184; with ASTM A 615, Grade 60 (Grade 420), deformed bars; assembled with clips. F. Joint Dowel Bars: ASTM A 615, Grade 60 (Grade 420) plain-steel bars ; zinc coated (galvanized) after fabrication according to ASTM A 767, Class I coating. Cut bars true to length with ends square and free of burrs. G. Epoxy-Coated, Joint Dowel Bars: ASTM A 775; with ASTM A 615, Grade 60 (Grade 420), plain-steel bars. H. Tie Bars: ASTM A 615, Grade 60 (Grade 420), deformed. I. Hook Bolts: ASTM A 307, Grade A, internally and externally threaded. Design hook-bolt joint assembly to hold coupling against paving form and in position during concreting operations, and to permit removal without damage to concrete or hook bolt. J. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars, welded wire reinforcement, and dowels in place. Manufacture bar supports according to CRSI's "Manual of Standard Practice" from steel wire, plastic, or precast concrete of greater compressive strength than concrete specified, and as follows: 1. Equip wire bar supports with sand plates or horizontal runners where base material will not support chair legs. 2. For epoxy-coated reinforcement, use epoxy-coated or other dielectric-polymer-coated wire bar supports. K. Epoxy Repair Coating: Liquid, two-part, epoxy repair coating, compatible with epoxy coating on reinforcement. L. Zinc Repair Material: ASTM A 780. 2.3 CONCRETE MATERIALS A. Perform in accordance with CALTRANS Sec 90-1.02 MATERIALS 1. Sec 90-1.02A General 2. Sec 90-1.02B Cementitious Materials 3. Sec 90-1.02C Aggregates 4. Sec 90-1.02D Water Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Concrete Paving 32 13 13 – 4 5. Sec 90-1.02E Admixtures 6. Sec 90-1.02F Proportioning Concrete 7. Sec 90-1.02G Mixing and Transporting Concrete 8. Sec 90-1.02H Concrete in Corrosive Envirements 9. Sec 90-1.02I Concrete in Freeze-Thaw Areas 10. Sec 90-1.02J Curing Compound B. Color Pigment: ASTM C 979, synthetic mineral-oxide pigments or colored water-reducing admixtures; color stable, nonfading, and resistant to lime and other alkalis. 1. Color: Match OWNER's sample per drawings. 2.4 CURING MATERIALS A. Perform in accordance with CALTRANS Sec 90-1.03 CONSTRUCTION 1. Sec 90-1.03A General 2. Sec 90-1.03B Curing Concrete 3. Sec 90-1.03C Protecting Concrete 2.5 RELATED MATERIALS A. Joint Fillers: ASTM D 1751, asphalt-saturated cellulosic fiber in preformed strips. B. Slip-Resistive Aggregate Finish: Factory-graded, packaged, rustproof, nonglazing, abrasive aggregate of fused aluminum-oxide granules or crushed emery aggregate containing not less than 50 percent aluminum oxide and not less than 20 percent ferric oxide; unaffected by freezing, moisture, and cleaning materials. C. Bonding Agent: ASTM C 1059, Type II, non-redispersible, acrylic emulsion or styrene butadiene. D. Epoxy Bonding Adhesive: ASTM C 881, two-component epoxy resin capable of humid curing and bonding to damp surfaces; of class suitable for application temperature, of grade complying with requirements, and of the following types: 1. Types IV and V, load bearing, for bonding hardened or freshly mixed concrete to hardened concrete. E. Chemical Surface Retarder: Water-soluble, liquid, set retarder with color dye, for horizontal concrete surface application, capable of temporarily delaying final hardening of concrete to a depth of 1/8 to 1/4 inch (3 to 6 mm). Use only when approved by Owner. F. Pigmented Mineral Dry-Shake Hardener: Factory-packaged, dry combination of portland cement, graded quartz aggregate, color pigments, and plasticizing admixture. Use color pigments that are finely ground, nonfading mineral oxides interground with cement. Use only when approved by OWNER. G. Rock Salt: Sodium chloride crystals, kiln dried, coarse gradation with 100 percent passing 3/8- inch (9.5-mm) sieve and 85 percent retained on a No. 8 (2.36-mm) sieve. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Concrete Paving 32 13 13 – 5 2.6 DETECTABLE WARNING MATERIALS A. Detectable Warning Stamp: Semirigid polyurethane mats with formed underside capable of imprinting detectable warning pattern on plastic concrete; perforated with a vent hole at each dome. 1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. Advanced Surfaces Inc. b. Matcrete Precision Stamped Concrete Tools. c. Southern Color N.A., Inc. d. Stampcrete International Ltd. e. Superior Decorative by Dayton Superior. f. Or equal 2. Size of Stamp: One piece matching detectable warning area shown on Drawings. 3. Color: per plan. B. Liquid Release Agent: Manufacturer's standard, clear, evaporating formulation designed to facilitate release of stamp mats. 1. Products: Subject to compliance with requirements, provide one of the following: a. Advanced Surfaces Inc.; Liquid Release. b. Matcrete Precision Stamped Concrete Tools; Liquid Release Agent. c. Southern Color N.A., Inc.; SCC Clear Liquid Release. d. Stampcrete International Ltd.; Stampcrete Liquid Release. e. Superior Decorative by Dayton Superior; Pro Liquid Release. f. Or equal 2.7 PAVEMENT MARKINGS A. Refer to Specification 32 17 23 – Pavement Markings and Signs. 2.8 CONCRETE MIXTURES A. Prepare design mixtures, proportioned according to ACI 301, for each type and strength of normal-weight concrete, and as determined by either laboratory trial mixtures or field experience. 1. Use a qualified independent testing agency for preparing and reporting proposed concrete design mixtures for the trial batch method. 2. When automatic machine placement is used, determine design mixtures and obtain laboratory test results that meet or exceed requirements. B. Proportion mixtures to provide normal-weight concrete with the following properties: 1. Compressive Strength (28 Days): 4000 psi. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Concrete Paving 32 13 13 – 6 C. Add air-entraining admixture at manufacturer's prescribed rate to result in normal-weight concrete at point of placement having an air content according to ASTM C260: D. Chemical Admixtures: Use admixtures according to manufacturer's written instructions. E. Color Pigment: Add color pigment to concrete mixture according to manufacturer's written instructions and to result in hardened concrete color consistent with OWNER approval. 2.9 CONCRETE MIXING A. Ready-Mixed Concrete: Measure, batch, and mix concrete materials and concrete according to ASTM C 94. Furnish batch certificates for each batch discharged and used in the Work. 1. When air temperature is between 85 and 90 deg F (30 and 32 deg C), reduce mixing and delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F (32 deg C), reduce mixing and delivery time to 60 minutes. B. Project-Site Mixing: Measure, batch, and mix concrete materials and concrete according to ASTM C 94. Mix concrete materials in appropriate drum-type batch machine mixer. 1. For concrete batches of 1 cu. yd. (0.76 cu. m) or smaller, continue mixing at least 1-1/2 minutes, but not more than 5 minutes after ingredients are in mixer, before any part of batch is released. 2. For concrete batches larger than 1 cu. yd. (0.76 cu. m), increase mixing time by 15 seconds for each additional 1 cu. yd. (0.76 cu. m). 3. Provide batch ticket for each batch discharged and used in the Work, indicating Project identification name and number, date, mixture type, mixing time, quantity, and amount of water added. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine exposed subgrades and subbase surfaces for compliance with requirements for dimensional, grading, and elevation tolerances. B. Proof-roll prepared subbase surface below concrete paving to identify soft pockets and areas of excess yielding. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Remove loose material from compacted subbase surface immediately before placing concrete. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Concrete Paving 32 13 13 – 7 3.3 EDGE FORMS AND SCREED CONSTRUCTION A. Set, brace, and secure edge forms, bulkheads, and intermediate screed guides to required lines, grades, and elevations. Install forms to allow continuous progress of work and so forms can remain in place at least 24 hours after concrete placement. B. Clean forms after each use and coat with form-release agent to ensure separation from concrete without damage. 3.4 STEEL REINFORCEMENT A. General: Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and supporting reinforcement. B. Clean reinforcement of loose rust and mill scale, earth, ice, or other bond-reducing materials. C. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position during concrete placement. Maintain minimum cover to reinforcement. D. Install welded wire reinforcement in lengths as long as practicable. Lap adjoining pieces at least one full mesh, and lace splices with wire. Offset laps of adjoining widths to prevent continuous laps in either direction. E. Zinc-Coated Reinforcement: Use galvanized-steel wire ties to fasten zinc-coated reinforcement. Repair cut and damaged zinc coatings with zinc repair material. F. Epoxy-Coated Reinforcement: Use epoxy-coated steel wire ties to fasten epoxy-coated reinforcement. Repair cut and damaged epoxy coatings with epoxy repair coating according to ASTM D 3963/D 3963M. G. Install fabricated bar mats in lengths as long as practicable. Handle units to keep them flat and free of distortions. Straighten bends, kinks, and other irregularities, or replace units as required before placement. Set mats for a minimum 2-inch (50-mm) overlap of adjacent mats. 3.5 JOINTS A. General: Form construction, isolation, and contraction joints and tool edges true to line, with faces perpendicular to surface plane of concrete. Construct transverse joints at right angles to centerline unless otherwise indicated. 1. When joining existing paving, place transverse joints to align with previously placed joints unless otherwise indicated. B. Construction Joints: Set construction joints at side and end terminations of paving and at locations where paving operations are stopped for more than one-half hour unless paving terminates at isolation joints. 1. Continue steel reinforcement across construction joints unless otherwise indicated. Do not continue reinforcement through sides of paving strips unless otherwise indicated. 2. Provide tie bars at sides of paving strips where indicated. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Concrete Paving 32 13 13 – 8 3. Butt Joints: Use bonding agent at joint locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. 4. Keyed Joints: Provide preformed keyway-section forms or bulkhead forms with keys unless otherwise indicated. Embed keys at least 1-1/2 inches (38 mm) into concrete. 5. Doweled Joints: Install dowel bars and support assemblies at joints where indicated. Lubricate or coat with asphalt one-half of dowel length to prevent concrete bonding to one side of joint. C. Isolation Joints: Form isolation joints of preformed joint-filler strips abutting concrete curbs, catch basins, manholes, inlets, structures, other fixed objects, and where indicated. 1. Locate expansion joints at intervals of 50 feet (15.25 m) unless otherwise indicated. 2. Extend joint fillers full width and depth of joint. 3. Terminate joint filler not less than 1/2 inch (13 mm) or more than 1 inch (25 mm) below finished surface if joint sealant is indicated. 4. Place top of joint filler flush with finished concrete surface if joint sealant is not indicated. 5. Furnish joint fillers in one-piece lengths. Where more than one length is required, lace or clip joint-filler sections together. 6. During concrete placement, protect top edge of joint filler with metal, plastic, or other temporary preformed cap. Remove protective cap after concrete has been placed on both sides of joint. D. Contraction Joints: Form weakened-plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one-fourth of the concrete thickness, as follows: 1. Grooved Joints: Form contraction joints after initial floating by grooving and finishing each edge of joint with grooving tool to a 1/4-inch (6-mm) radius. Repeat grooving of contraction joints after applying surface finishes. 2. Sawed Joints: Form contraction joints with power saws equipped with shatterproof abrasive or diamond-rimmed blades. Cut 1/8-inch- (3-mm-) wide joints into concrete when cutting action will not tear, abrade, or otherwise damage surface and before developing random contraction cracks. 3. Doweled contraction Joints: Install dowel bars and support assemblies at joints where indicated. Lubricate or coat with asphalt one-half of dowel length to prevent concrete bonding to one side of joint. E. Edging: After initial floating, tool edges of paving, gutters, curbs, and joints in concrete with an edging tool to a 1/4-inch (6-mm) radius. Repeat tooling of edges after applying surface finishes. 3.6 CONCRETE PLACEMENT A. Before placing concrete, inspect and complete formwork installation, and items to be embedded or cast-in. B. Remove snow, ice, or frost from subbase surface before placing concrete. Do not place concrete on frozen surfaces. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Concrete Paving 32 13 13 – 9 C. Moisten subbase to provide a uniform dampened condition at time concrete is placed. Do not place concrete around manholes or other structures until they are at required finish elevation and alignment. D. Comply with ACI 301 requirements for measuring, mixing, transporting, and placing concrete. E. Do not add water to concrete during delivery or at Project site. Do not add water to fresh concrete after testing. F. Deposit and spread concrete in a continuous operation between transverse joints. Do not push or drag concrete into place or use vibrators to move concrete into place. G. Consolidate concrete according to ACI 301 by mechanical vibrating equipment supplemented by hand spading, rodding, or tamping. H. Screed paving surface with a straightedge and strike off. I. Cold-Weather Placement: Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing, or low temperatures. Comply with ACI 306.1 and the following: 1. When air temperature has fallen to or is expected to fall below 40 deg F (4.4 deg C), uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F (10 deg C) and not more than 80 deg F (27 deg C) at point of placement. 2. Do not use frozen materials or materials containing ice or snow. 3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise specified and approved in design mixtures. J. Hot-Weather Placement: Comply with ACI 301 and as follows when hot-weather conditions exist: 1. Cool ingredients before mixing to maintain concrete temperature below 90 deg F (32 deg C) at time of placement. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated in total amount of mixing water. Using liquid nitrogen to cool concrete is Subcontractor's option. 2. Cover steel reinforcement with water-soaked burlap so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. 3. Fog-spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas. 3.7 FLOAT FINISHING A. General: Do not add water to concrete surfaces during finishing operations. B. Float Finish: Begin the second floating operation when bleed-water sheen has disappeared and concrete surface has stiffened sufficiently to permit operations. Float surface with power-driven floats or by hand floating if area is small or inaccessible to power units. Finish surfaces to true planes. Cut down high spots and fill low spots. Refloat surface immediately to uniform granular texture. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Concrete Paving 32 13 13 – 10 3.8 DETECTABLE WARNINGS A. Stamped Detectable Warnings: Install stamped detectable warnings as part of a continuous concrete paving placement and according to stamp-mat manufacturer's written instructions. 1. Before using stamp mats, verify that the vent holes are unobstructed. 2. Apply liquid release agent to the concrete surface and the stamp mat. 3. Stamping: While initially finished concrete is plastic, accurately align and place stamp mats in sequence. Uniformly load, gently vibrate, and press mats into concrete to produce imprint pattern on concrete surface. Load and tamp mats directly perpendicular to the stamp-mat surface to prevent distortion in shape of domes. Press and tamp until mortar begins to come through all of the vent holes. Gently remove stamp mats. 4. Trimming: After 24 hours, cut off the tips of mortar formed by the vent holes. 5. Remove residual release agent according to manufacturer's written instructions, but no fewer than three days after stamping concrete. High-pressure-wash surface and joint patterns, taking care not to damage stamped concrete. Control, collect, and legally dispose of runoff. 3.9 CONCRETE PROTECTION AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. B. Comply with ACI 306.1 for cold-weather protection. C. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h (1 kg/sq. m 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. D. Begin curing after finishing concrete but not before free water has disappeared from concrete surface. E. Curing Methods: Cure concrete by a combination of these as follows: 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 (300-mm) lap over adjacent absorptive covers. 2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover, placed in widest practicable width, with sides and ends lapped at least 12 inches (300 mm) and sealed by waterproof tape or adhesive. Immediately repair any holes or tears occurring during installation or curing period using cover material and waterproof tape. 3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas that have been subjected Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Concrete Paving 32 13 13 – 11 to heavy rainfall within three hours after initial application. Maintain continuity of coating, and repair damage during curing period. 3.10 PAVING TOLERANCES A. Comply with tolerances in ACI 117 and as follows: 1. Elevation: 3/4 inch (19 mm). 2. Thickness: Plus 3/8 inch (10 mm), minus 1/4 inch (6 mm). 3. Surface: Gap below 10-foot- (3-m-) long, unleveled straightedge not to exceed 1/2 inch (13 mm). 4. Alignment of Tie-Bar End Relative to Line Perpendicular to Paving Edge: 1/2 inch per 12 inches (13 mm per 300 mm) of tie bar. 5. Lateral Alignment and Spacing of Dowels: 1 inch (25 mm). 6. Vertical Alignment of Dowels: 1/4 inch (6 mm). 7. Alignment of Dowel-Bar End Relative to Line Perpendicular to Paving Edge: 1/4 inch per 12 inches (6 mm per 300 mm) of dowel. 8. Joint Spacing: 3 inches (75 mm). 9. Contraction Joint Depth: Plus 1/4 inch (6 mm), no minus. 10. Joint Width: Plus 1/8 inch (3 mm), no minus. 3.11 PAVEMENT MARKING A. Do not apply pavement-marking paint until layout, colors, and placement have been verified with OWNER. B. Allow concrete paving to cure for a minimum of 28 days and be dry before starting pavement marking or as instructed by OWNER. C. Sweep and clean surface to eliminate loose material and dust. D. Apply paint with mechanical equipment to produce markings of dimensions indicated with uniform, straight edges. Apply at manufacturer's recommended rates to provide a minimum wet film thickness of 15 mils (0.4 mm). 1. Apply graphic symbols and lettering with paint-resistant, die-cut stencils, firmly secured to concrete surface. Mask an extended area beyond edges of each stencil to prevent paint application beyond stencil. Apply paint so that it cannot run beneath stencil. 2. Broadcast glass beads uniformly into wet markings at a rate of 6 lb/gal. (0.72 kg/L). 3.12 WHEEL STOPS A. Securely attach wheel stops to paving with not less than two steel dowels located at one-quarter to one-third points. Install dowels in drilled holes in the paving and bond dowels to wheel stop. Recess head of dowel beneath top of wheel stop. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Concrete Paving 32 13 13 – 12 3.13 FIELD QUALITY CONTROL A. Testing Agency: OWNER will engage a qualified testing agency to perform tests and inspections. B. Test results shall be reported in writing to OWNER, concrete manufacturer, and Subcontractor 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. C. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted by OWNER but will not be used as sole basis for approval or rejection of concrete. D. 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 OWNER. E. Concrete paving will be considered defective if it does not pass tests and inspections. F. Additional testing and inspecting, at Subcontractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements. G. Prepare test and inspection reports. 3.14 REPAIRS AND PROTECTION A. Remove and replace concrete paving that is broken, damaged, or defective or that does not comply with requirements in this Section. Remove work in complete sections from joint to joint unless otherwise approved by OWNER. B. Drill test cores, where directed by OWNER, when necessary to determine magnitude of cracks or defective areas. Fill drilled core holes in satisfactory paving areas with portland cement concrete bonded to paving with epoxy adhesive. C. Protect concrete paving from damage. Exclude traffic from paving for at least 14 days after placement. When construction traffic is permitted, maintain paving as clean as possible by removing surface stains and spillage of materials as they occur. D. Maintain concrete paving free of stains, discoloration, dirt, and other foreign material. Sweep paving not more than two days before date scheduled for Substantial Completion inspections. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. The Concrete Curb Work performed under Section 32 13 13 – Concrete Paving as defined in this section, will be measured by the lineal foot. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Concrete Paving 32 13 13 – 13 B. The Truncated Dome Work performed under Section 32 13 13 – Concrete Paving as defined in this section, will be measured by the square foot. C. The Pavement Markings and Wheel Stops work performed under Section 32 13 13 – Concrete Paving as defined in this section, shall not be measured separately for payment. Full compensation for this work shall be considered as included in the prices for other contract items in the schedule of bid prices in the Bid Form, and no additional compensation will be allowed. 4.2 PAYMENT A. The contract linear foot price paid for Concrete Curb Work shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. B. The contract square foot price paid for Truncated Dome Work shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 32 13 13 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Portland Cement Pervious Concrete Pavement 32 13 14 – 1 SECTION 32 13 14 - PORTLAND CEMENT PERVIOUS CONCRETE PAVEMENT PART 1 - GENERAL 1.01 Scope of Work: A.The Work to be completed under this contract includes the furnishing of all labor, materials and equipment necessary for construction of Portland Cement Pervious Concrete Pavement for streets, parking and pedestrian areas in conformance with the plans and specifications. B.Work in other sections: Formwork: see “Concrete Paving” in Division 32 Subgrades and Compaction: see Division 31 1.02 References: A.American Concrete Institute 1.Concrete Field Testing Technician Grade I B.American Society for Testing and Materials 1.ASTM C 29 “Test for Bulk Density (Unit Weight) and Voids in Aggregate ASTM C33 “Specification for Concrete Aggregates” 2.ASTM C 33 “Specification for Concrete Aggregates” 3.ASTM C 94 “Specification for Ready-Mixed Concrete” 4.ASTM C 150 “Specification for Portland Cement” 5.ASTM C 260 “Specification for Air-Entraining Admixtures for Concrete” 6.ASTM C 494 “Specification for Chemical Admixtures for Concrete” 7.ASTM C 595 “Specification for Blended Hydraulic Cements” 8.ASTM C 618 “Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Portland Cement Concrete.” 9.ASTM C 685 “Standard Specification for Concrete Made by Volumetric Batching and Continuous Mixing” 10.ASTM C 989 “Specification for Ground Granulated Blast-Furnace Slag for Use in Concrete and Mortars.” 11.ASTM C 1438 “Standard Specification for Latex and Powder Modifiers for Hydraulic Cement Concrete and Mortar.” 12.ASTM C 1602 “Specification for Mixing Water Used in the Production of Hydraulic Cement Concrete” Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Portland Cement Pervious Concrete Pavement 32 13 14 – 2 13.ASTM C 1688 “Standard Test Method for Density and Void Content of Freshly Mixed Pervious Concrete” 14.ASTM C 1701/C1701M “Standard Test Method for Infiltration Rate of In Place Pervious Concrete” 15.ASTM C 1751 “Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types) 16.ASTM C 1752 “Standard Specification for Preformed Sponge Rubber Cork and Recycled PVC Expansion Joint Fillers for Concrete Paving and Structural Construction.” 17.ASTM D 994 “Standard Specification for Preformed Expansion Joint Filler for Concrete (Bituminous Type)” 18.ASTM E 329 “Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction.” C. National Ready Mixed Concrete Association 1.Text Reference for Pervious Concrete Contractor Certification 1.03 Quality Assurance: A.The Pervious Concrete Subcontractor: 1.Shall submit: a. Evidence of two successful pervious concrete pavement projects including: the project name and address, owner’s name, contact information and size of each project. b. Verification of current NRMCA Certification requirements described below: 2.Shall meet, at the time of bidding: one of the following criteria for the minimum certification for each placement crew and submit verification of NRMCA Pervious Concrete Certification with the bid. (http://www.nrmca.org/Education/Certifications/Pervious_Contractor.htm) a. The pervious concrete subcontractor shall employ no less than one (1) NRMCA Certified Pervious Concrete Craftsman who must be onsite, actively guiding and working with each placement crew during all pervious concrete placement. b. The pervious concrete subcontractor shall employ no less than three (3) NRMCA Certified Pervious Concrete Installers who must be onsite, actively guiding and working with pervious concrete for projects. c. The pervious concrete subcontractor shall employ no less than three (3) NRMCA Pervious Concrete technicians and one (1) Pervious Installer who shall be onsite, actively guiding and working with each placement crew during all pervious concrete placement. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Portland Cement Pervious Concrete Pavement 32 13 14 – 3 B. Performance: Upon completion of the initial curing, the pervious concrete shall be tested for initial baseline infiltration in accordance with ASTM C1701. The rate shall be a minimum of 100 inches per hour. 1.04 Submittals: Before starting work, submit the following: A.Concrete materials: 1.Proposed concrete mixture proportions including all material weights, volumes, density (unit weight), water / cementitious ratio, and void content. The mix design shall not specify a compressive or flexural strength. 2.Aggregate type, source and gradation. 3.Cement, fly ash, ground granulated blast-furnace slag and admixture manufacturer certifications B.Qualifications: Evidence of qualifications listed under Quality Assurance. C.Project details: Specific plans, details, schedule, construction procedures and quality control plan. D.Test Panel: 1.Construct Test panel(s) to meet requirements of contract documents. Place a minimum one 225 sq. ft panel. Provide joints and curing using materials, equipment, and personnel proposed for the project as described in Section 1.02.B. Coordinate location of test panels with Owner and Architect/Engineer. 2.The test panel shall be tested for acceptance in accordance with section 3.08 Quality Control. 3.An approved test panel will be used as quality control for the project and may be incorporated into the project if of acceptable quality. 4.Remove and legally dispose of all materials used for test panels not approved and all excess materials. PART 2 - MATERIALS 2.01 Materials: A.Cement: Portland cement Type II or V conforming to ASTM C150 or Portland cement Type IP or IS conforming to ASTM C595. B.Supplementary Cementitious Materials: 1.Class F Fly Ash: ASTM C618 2.Ground Granulated Blast-Furnace Slag: ASTM C989 C.Chemical Admixtures: Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Portland Cement Pervious Concrete Pavement 32 13 14 – 4 1.Air entraining agents shall comply with ASTM C260. 2.Chemical Admixtures shall comply with ASTM C494. 3.Latex bonding agents shall comply with ASTM C1438. D.Aggregates: Coarse Aggregate: ASTM C33. The maximum size and gradation shall meet the project criteria for surface appearance and void content. E.Water: ASTM C 1602. F.Isolation Joint Material: Shall comply with ASTM D994, D1751, or D1752. 2.02 Mixture Proportions: The composition of the proposed concrete mixtures shall be submitted to the owner’s representative for review and shall comply with the following provisions unless an alternative composition is demonstrated to comply with the project requirements. Conform with all requirements of Authorities Having Jurisdiction (AHJ) for pavements and walkways. A.Cementitious Content: Comply with the approved mix design. 1.Supplementary cementitious content: a.Fly ash: 25% maximum of the total cementitious material or in accordance with approved mix design. b. Slag: 40% maximum of the total cementitious material or in accordance with approved mix design. B.Water / Cementitious Ratio Shall range between 0.27 lb/lb and 0.31 lb/lb. or in accordance with approved mix design. C.Aggregate Content: As appropriate for approved mix design. D.Admixtures: Use in accordance with approved mix design. E.Mix Water: as appropriate for approved mix design. F.Color: Pigments as specified on the plans. PART 3 - EXECUTION 3.01 Subgrade: Verify subgrade preparation, grade, and conduct permeability and density tests for conformance to project requirements and is acceptable for installation of pervious concrete. (See PSCA ‘Section 31 Subgrade Guidelines for Pervious Concrete’ that accompanies this document.) 3.02 Recharge Basin (Detention Basin): When base material is used under pervious concrete for water recharge, it shall be composed of uniform sized aggregate conforming to ASTM C33, minimum size 6. For minimum void content, refer to civil or geotechnical contract documents. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Portland Cement Pervious Concrete Pavement 32 13 14 – 5 3.03 Formwork: Form materials: any material permitted by AHJ and of sufficient strength and stability to support mechanical equipment without deformation of plan profiles following spreading, strike-off and compaction operations. 3.04 Mixing and Hauling: A.Production: Pervious concrete shall be manufactured and delivered in accordance with applicable sections of ASTM C 94 or ASTM C 685. B.Mixing: Pervious concrete shall be produced in central mixers, transit mixers or in volumetric mixers. C.Delivery: Deliver pervious concrete directly from the mixer by means of conveyer as close as possible to final position. D.Discharge: Each truckload will be visually inspected for consistency of concrete mixture. Job site water additions are permitted to obtain and maintain the required mix consistency throughout the discharge. Discharge shall be a continuous operation. Concrete shall be deposited as close to its final position as practical and such that discharged concrete is incorporated into previously placed plastic concrete. 3.05 Placing and Finishing: Shall comply with the content of the National Ready Mixed Concrete Association’s ‘Text Reference for Pervious Concrete Contractor Certification’ with the following provisions: A. Internal vibration shall not be permitted. Use mechanical screed equipment. Do not use hand screeds except in confined and small areas. Cross roll compacted concrete to remove any screeding and compaction marks on the concrete surface. B. Compact to the required cross-section and shall not deviate more than + 3/8 inch in 10 feet from profile grade. 3.06 Jointing A.Joints shall be installed at locations and to depths shown on the project plans. B.Control (contraction) joints shall be installed at regular intervals not to exceed 1.5 times the width of the placement or 20 feet, or in accordance with approved joint placement plan. The control joints shall be installed at ¼ the thickness of the pavement but not to exceed 1-1/2”. These joints can be installed in the plastic concrete or saw cut after the concrete has hardened. New joints in plastic concrete or recently hardened concrete shall align with joints in older concrete. Joints abutting curbs and other fixed concrete shall be installed within 10 degrees of perpendicular to the older concrete as possible. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Portland Cement Pervious Concrete Pavement 32 13 14 – 6 C. Install joints to match approved sample. D.Transverse construction joints: Install whenever placing is suspended for 20 minutes or whenever concrete is no longer workable. E.Do not dowel longitudinal joints between successive placements. F.Isolation joints: Use when abutting fixed vertical structures. Place isolation material before concrete is placed and to the depth of the pavement section. 3.07 Curing: A.Final curing procedures shall begin no later than 20 minutes after the concrete has been discharged from the mixer. The pavement surface shall be covered with a minimum of six (6) mil thick white or clear polyethylene sheet or other approved covering material. In cold weather black plastic may be used to aid in heat retention. The cover shall prevent air infiltration to the fresh concrete and shall overlap all exposed edges and shall be secured to prevent dislocation due to winds or adjacent traffic conditions. B.The curing cover shall remain securely in place for a minimum of 7 days. No vehicular traffic shall be permitted on the pavement until curing is complete and no truck traffic shall be permitted for at least 14 days. 3.08 Quality Control: A.The owner shall employ a testing laboratory that conforms 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 or equivalent and shall be certified by NRMCA as a Pervious Concrete Technician. B.Prior to each placement, the formed thickness shall be at least the design thickness testing within - 0” to +3/4”. C.Plastic concrete shall be sampled in accordance with ASTM C 172 and density (unit weight) measured in accordance with ASTM C 1688. The density (unit weight) of the delivered concrete shall be +/- 5 pcf of the design density (unit weight). D.Plastic void content shall be calculated as per ASTM C1688 Gravimetric Air Determination and compared to the void percentage required by the hydraulic design. E.Upon completion of initial curing, the pervious concrete shall be tested for a baseline infiltration rate using ASTM C1701. PART 4 – MEASUREMENT AND PAYMENT Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Portland Cement Pervious Concrete Pavement 32 13 14 – 7 4.01 MEASUREMENT A. The work performed under Section 32 13 14 – Portland Cement Pervious Concrete Pavement, as defined in this section, will be measured by the square foot, in place. 4.02 PAYMENT A. The contract square foot price paid for Portland Cement Pervious Concrete Pavement shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 32 13 14 "This guideline specification is intended solely for use by professional personnel who are competent to evaluate the significance and limitations of the information provided and who will accept responsibility for the application of this information. The Pacific Southwest Concrete Alliance, its members firms and employees disclaim any and all responsibility and liability for the accuracy and the application of the information contained in this publication to the full extent permitted by law." For Reference Only Below Recognized Procedures for Achieving Quality Pervious Concrete January 2010 These recognized procedures can help achieve a quality portland cement pervious concrete pavement. For descriptions of concrete mixtures and production, tools and equipment, design principles, construction, maintenance and troubleshooting, please refer to the National Ready Mixed Concrete Association’s ‘Text Reference for Pervious Concrete Contractor Certification’ available at www.nrmca.org. Table of Contents: 1. Mixture Proportions 2. Mixing and Hauling 3. Placing and Finishing Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Portland Cement Pervious Concrete Pavement 32 13 14 – 8 1. Mixture Proportions: The composition of the proposed concrete mixtures shall be submitted to the owner’s representative for review and/or approval and shall comply with the following provisions unless an alternative composition is demonstrated to comply with the project requirements. A.Cementitious Content: The concrete producer shall determine the cement content based upon the available aggregate gradation. B.Supplementary cementitious content: Fly ash, if used, shall be a maximum of 25% of the total cementitious material. Blast furnace slag, if used, shall be a maximum of 40% of the total cementitious material. C.Water / Cementitious Ratio Shall range between 0.27 lb/lb and 0.31 lb/lb. D.Aggregate Content: The bulk volume of aggregate per cubic yard shall be equal to 27 cubic foot when calculated from the dry rodded density (unit weight) determined in accordance with ASTM C29 rodding procedure. E.Admixtures: Admixtures shall be used in accordance with the manufacturer’s recommendations and dosage determined by the concrete producer. F.Mix Water: The quantity of mixing water shall be established to produce a pervious concrete mixture of the desirable workability to facilitate placing, compaction and finishing to the desired surface characteristics. 2. Mixing and Hauling: A.Production: Pervious concrete shall be manufactured and delivered in accordance with the applicable sections of ASTM C94 or C685. B.Mixing: Pervious concrete shall be produced in central mixers, transit mixers, or volumetric mixers. The manufacturers of mixing equipment shall specify mixing speed and revolutions to produce a homogeneous mix. Pervious concrete produced in transit mixers shall be mixed at least 70 revolutions. C.Prior to Discharge: The contractor shall visually evaluate the homogeneous uniformity of each load and either approve the concrete or add water. All persons authorized to add water shall be identified prior to the start of each day’s placement. Added water shall be recorded on the delivery ticket and communicated to the batch plant. D.Discharge: Pervious concrete shall be discharged directly from the mixer to the grade or to a belt conveyor. The discharge shall be as close as possible to its final position and such that the discharged concrete is incorporated into previously placed plastic concrete. Discharge of Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Portland Cement Pervious Concrete Pavement 32 13 14 – 9 individual loads of pervious concrete shall be completed as quickly as possible: within one hour from the time of introduction of cement to water or 90 minutes when a hydration stabilizer is used. E.Additional Water Additions: Throughout the placement, the contractor shall visually monitor the appearance of the concrete. Job site water addition during placement is allowed to maintain the required mix consistency. Added water shall be thoroughly mixed into the concrete. F.Immediately after screeding, if the pervious concrete is susceptible to plastic shrinkage according to ACI 305, the surface shall be kept moist with one or more of the following actions: an external fogging device, or application of a spray applied curing compound, or application of a sacrificial evaporation compound. 3. Placing and Finishing: A.The Contractor shall provide equipment to place and finish the pervious concrete. Internal vibration shall not be permitted. Placement procedures shall utilize mechanical screed equipment such as a motorized roller screed or a vibratory truss screed. Hand screeds are prohibited except in confined and small areas. Hand compaction tools are also used in such areas to compact the pervious concrete to proper density and elevation. B. Motorized Roller Screed Construction: Pervious concrete shall be manually compacted at the lower form edges prior to screed operation. The motorized roller screed is supported by edge forms and powered to spin counter to the direction of travel. The counter-rotating tube is drawn over the slab surface to strike the surface elevation and compress the surface materials. Screed rollers shall be minimum 6 inches in diameter and capable of configuration to a weight of 37 pounds per linear foot. Strike-off is followed by cross roller tooling to apply mild compression and uniformity to the surface materials. The pervious concrete pavement shall be compacted to the required cross-section and shall not deviate more than +/- 3/8 inch in 10 feet from profile grade. C.Vibratory Truss Screed Construction. Pervious concrete shall be manually compacted at the lower form edges prior to screed operation. The vibratory screed is supported by edge forms and ½ inch riser strips to elevate the screed ½ inch above finished elevation. The vibratory truss screed is drawn over the slab at low intensity vibration with care taken to stop vibration if travel movement is stopped. Riser strips are removed after screed operation is complete and a full width static roller is deployed on the slab surface to compress the pervious concrete down to finished elevation. The static roller shall exert a pressure of 10 psi per foot on the plastic pervious concrete. The pervious concrete pavement shall be compacted to the required cross-section and shall not deviate more than +/- 3/8 inch in 10 feet from profile grade. Care shall be taken to not seal the pervious concrete surface due to over vibration or excessive rolling. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Portland Cement Pervious Concrete Pavement 32 13 14 – 10 D.Cross-Rolling and Edging: Immediately after screeding the finished surface shall be cross-rolled to remove any rolling and compaction marks. The longitudinal edges adjacent to the forms shall be manually compacted with a hand tamp and then edged with a ½” radius edger. No further finishing shall be performed on the concrete. "This information is intended solely for use by professional personnel who are competent to evaluate the significance and limitations of the information provided and who will accept responsibility for the application of this information. The Pacific Southwest Concrete Alliance, its members firms and employees disclaim any and all responsibility and liability for the accuracy and the application of the information contained in this publication to the full extent permitted by law." Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 14 40 – 1 Stabilized Decomposed Granite Paving SECTION 32 14 40 – STABILIZED DECOMPOSED GRANITE PAVING (Basis of Design: GraniteCrete Incorporated Admixture) PART 1- GENERAL 1.01 SUMMARY A. Section Includes: Crushed aggregate blended with GraniteCrete admixture surfacing. B. Related Work: 1. Section 31 20 00 – Earth Moving 2. Section 32 11 23 – Aggregate Base Courses 1.02 REFRENCES A. ASTM C136-Sieve Analysis of Fine and Coarse Aggregates. B. ASTM D2419- Sand Equivalent Value of Soils and Fine Aggregates. C. RIS-Redwood Inspection Services Grades of California Redwood. 1.03 SEQUENCING A. Do not install work specified in this Section prior to acceptance of earth moving. B. Coordinate work specified in this Section with work specified in other Sections to minimize cutting of and operation of heavy equipment over newly installed surfacing. 1.04 SUBMITTALS A. General: 1. Manufacturer’s product data sheet and installation instructions indicating that product complies with specifications 2. Submit quart sample of crushed aggregate with admixture in color specified. 1.05 MOCK-UP A. Construct mockup of 20 square feet minimum of crushed aggregate blended with GraniteCrete admixture surfacing, including base course and edging, at location approved by Owners Representative. Build mockup 5 days prior to installation. Intent of the mockup is to demonstrate surface finish, texture, color and standard of workmanship. B. Notify Owners Representative 2 days in advance of mockup construction. C. Allow Owners Representative to view and obtain approval of mock-up before proceeding with rest of crushed aggregate blended with GraniteCrete admixture surfacing. D. Approved mock-up may remain as first in place construction. 1.06 DELIVERY, STORAGE, AND HANDLING A. Deliver all GraniteCrete admixture materials in original, unopened packaging. Protect materials / aggregate from contamination with foreign matter. Store under waterproof cover and protect from dampness. 1.07 FIELD CONDITIONS A. Do not install crushed aggregate blended with GraniteCrete admixture surfacing when sub-base is wet at saturated field capacity. B. Do not install GraniteCrete materials during rainy conditions or below 40 degrees Fahrenheit and falling. PART 2- PRODUCTS 2.01 CRUSHED AGGREGATE BLENDED WITH GRANITECRETE ADMIXTURE SURFACING Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 14 40 – 2 Stabilized Decomposed Granite Paving MATERIALS A. Acceptance Manufacturer: 1. Specification is based on products by GraniteCrete, Inc., P.O. Box 1574 Carmel Ca. 93921; phone (800) 670-0849, fax (800) 670-0849, www.granitecrete.com. GraniteCrete admixture is an all- natural product and does not contain oils, polymers, resins or enzymes. 2. Substitutions: Products by other manufacturers that comply with specifications will be considered in accordance with project specifications, B. Decomposed Granite (DG), crushed aggregate. 1. DG shall have a 3/8” maximum gradation, produced from naturally friable rock / granite with enough fines to produce a smooth walking surface. Materials should be free from clay lumps, organic matter and deleterious material. Blends of coarse sand and rock dust are not acceptable. 2. Use a single supply source for the entire quantity required. 3. Gradation, in accordance with ASTM C136: Sieve Sizes % (Percent) Passing 3/8” 100 #4 85-100% #8 70-80% #16 50-65% #30 40-50% #50 25-35% #100 15-25% #200 10-15% 4. Color: To be selected by Architect from manufacturer’s standard colors. 5. Supplier: Enz Vineyard Rock Quarry, Hollister CA.; phone 831.638.3807. Or equal. C. Aggregate binder: Provide GraniteCrete Admixture. Color: Sand 2.02 ACCESSORIES A. Water: Free from contaminants that would discolor or be deleterious to crushed aggregate blended with GraniteCrete admixture surfacing. B. Edging: As shown on the plans. PART 3- EXECUTION 3.01 EXAMINATION A. Examine grading and subsoil conditions. Do not proceed until conditions are acceptable. 3.02 PREPARATION A. Excavation: Excavate to depth required so edges of crushed aggregate blended with GraniteCrete admixture surfacing will match adjacent grades and have a maximum cross slope of 1 percent. B. Sub-grade Preparation: Comply with Greenbook Section 301-1 – “Sub-grade Preparation.” C. Base Course Installation: Comply with Greenbook Section 301-2 –“Untreated Base.” D. Edging: Install flush with crushed aggregate blended with GraniteCrete admixture. Provide sufficient stakes to secure in place. 3.03 INSTALLATION A. Prior to installation, dampen surface on which installation is to occur. Install GraniteCrete surfacing as per specified depth. Do not allow GraniteCrete blended aggregate to dry during installation. Mist as necessary to maintain optimum moisture content prior to compaction. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 14 40 – 3 Stabilized Decomposed Granite Paving B. Grade and smooth to required elevation. Smooth out any final irregularities prior to substantial compaction. Smooth by using the straight edge of an asphalt rake or a medium bristle broom over entire paving surface. C. Compact: After optimum moisture content is achieved for compaction, thus achieving an 88% to 92% compaction. Hand-tamp around benches, sign posts, corners, boulders, etc. Initially use a vibratory plate and/or a 36” smooth double drum roller in static position. Follow with final compaction using a heavy lawn roller to obtain the final desired dense, smooth, uniform finish. D. Take care compacting adjacent to planting and irrigation systems. E. Minimum Compacted Thickness: Install to depth shown on Drawings. F. Trowel expansion joints every 5’ in paths less than 10’ wide, and every 10’ in paths 10’ wide and greater, and at every engineered stress area. G. Cover finished surface, when practical, to achieve maximum curing period. See Section 3.05. H. Surface shall follow overall contours of landscape. Flat areas shall be sloped for drainage. Slope 2.0%percent minimum to drain away from structures. I. Completed, finished surface shall be of consistent quality and free of deleterious materials such as organic materials, nails, stones, and loose material. Surface shall not have depressions or humps greater than ¼ inch in ten feet. 3.04 QUALITY ASSURANCE / FIELD QUALITY CONTROL A. Installer qualifications: installer to provide evidence to indicate successful experience in providing decomposed granite surfacing containing GraniteCrete admixture and / or bility to follow installation instructions. Require at least 3 years experience in similar work. B. Materials shall comply with manufactures specifications. 3.05 CURING PERIOD / PROTECTION A. Do not allow traffic on crushed aggregate blended with GraniteCrete admixture surfacing for 5 days after placement or until compacted crushed aggregate blended with GraniteCrete admixture surfacing has fully cured. Cover for extended curing period. B. Protect crushed aggregate blended with GraniteCrete admixture surfacing from damage until project completion. Repair damaged areas to match specified requirements. 3.06 MAINTENANCE & REPAIRS A. Maintenance: Depending on the end users desired finish surface, maintenance may require occasional blowing off or brooming of paved surface. Depending on quality of compaction at time of installation, a thin veneer of loose aggregate material is typical after the full 28 days cure period. If cracking appears in a GraniteCrete surface broom loose aggregate “fines” into cracks and compact. B. Repair: When repairing GraniteCrete it is important to use the original aggregate/decomposed granite and the original GraniteCrete Admixture color to match previously installed materials. If the paved surface has large areas of raveled material (loose aggregate/decomposed granite) the initial installation may not have been properly compacted or blended materials did not haveoptimum moisture content. During installation, GraniteCrete cannot be allowed to dry prior to final compaction. The following are suggestions for repair of raveled materials: 1. For the large loose areas, a minimum of a 3 inch “veneer layer” of GraniteCrete can be installed. The repair areas need to be saw-cut at agreed length, removed, and re-installed. A portable concrete mixer or wheelbarrow can be used. Batch proportions are 33 shovelfuls of aggregate/decomposed granite to 3 shovelfuls of GraniteCrete Admixture (11 to 1 ratio). The mixture must be thoroughly dry mixed and moistened to specifications. 2. In areas that collapse/fail due to equipment weight, reform and re-install with original materials as per specifications. 3. Cracks: repair by brooming existing surface fines into the cracks of filling with dry, pre-mixed materials, or both. The onsite aggregate/decomposed granite should be sieved to 1/8” minus material for better application and in-fill of cracks. Materials should be mixed as per ratio described above. Broom or fill the crack, moisten, compact (with rubber mallet or hand Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 14 40 – 4 Stabilized Decomposed Granite Paving compaction plate) and “feather” material into the final finish. PART 4 – MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The work performed under Section 32 14 40 – Stabilized Decomposed Granite Paving, as defined in this section, shall be measured by the square foot in place. 4.02 PAYMENT A. The contract square foot price paid for Stabilized Decomposed Granite Paving work shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and 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. END OF SECTION 32 14 40 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Pavement Markings and Signs 32 17 23 – 1 SECTION 32 17 23 – PAVEMENT MARKINGS AND SIGNS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Subcontract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes 1. Painted markings applied to concrete pavement. 2. Signs and guide markers 3. Pavement markers 1.3 PREINSTALLATION MEETINGS A. Preinstallation Conference: Conduct conference if required by OWNER. 1. Review methods and procedures related to marking pavement including, but not limited to, the following: a. Pavement aging period before application of pavement markings. b. Review requirements for protecting pavement markings, including restriction of traffic during installation period. 1.4 SUBMITTALS A. Product Data: For each type of product. 1. Include technical data and tested physical and performance properties. B. Shop Drawings: For signage. 1.5 QUALITY ASSURANCE A. Regulatory Requirements: Comply with materials, workmanship, and other applicable requirements of the following documents to form a part of these specifications to the extent stated herein from the State of California Department of Transportation (CALTRANS) for pavement-marking work. 1. Measurement and payment provisions and safety program submittals included in standard specifications do not apply to this Section. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Pavement Markings and Signs 32 17 23 – 2 B. CALTRANS Manual on Uniform Traffic Control Devices (MUTCD) State of California, Department of Transportation (CALTRANS) CALTRANS Standard Specifications: Sec 56.Signs Sec 82 Markers and Delineators Sec 84 Traffic Stripes and Pavement Markings Sec 85.Pavement Markers Sec 94.Asphaltic Emulsions 1.6 FIELD CONDITIONS A. Environmental Limitations: Proceed with pavement marking only on clean, dry surfaces and at a minimum ambient or surface temperature of 55 deg F (12.8 deg C) for water-based materials, and not exceeding 95 deg F (35 deg C) or per Manufacturer’s instructions. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following. B. Basis-of-Design Product: Subject to compliance with requirements, provide manufacturer's name; product name or designation or comparable product by one of the following: 1. Benjamin Moore & Co. 2. Dunn-Edwards Corporation. 3. Pervo Paint Co. (Now Ennis Traffic Safety Solutions, Inc.) 4. DuPont Paints. 5. PPG Industries. 6. Sherwin-Williams Company (The). 7. Or equal 2.2 PAVEMENT-MARKING PAINT A. Refer to CALTRANS “Painted Traffic Stripes and Pavement Markings” section 84-3. B. Pavement-Marking Paint: The paint for traffic stripes and pavement markings must comply with the specification for the paint type and color shown in CALTRANS table 84.3. 1. Waterborne traffic line- a. Color white, yellow, and black-State Specification PTWB-01R2 2. Waterborne traffic line for the international symbol of accessibility and other curb markings a. Color Blue, red, and green- Federal Specification TT-P-1952E Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Pavement Markings and Signs 32 17 23 – 3 C. Glass Beads: Refer to CALTRANS “Traffic Stripes and Pavement Markings” section 84-1.02 2.3 PAVEMENT MARKERS A. Amber Bi-Directional Pavement Markers: Reflective type; Hawkins-Hawkins Co. "V16C-88AY," Westway, Type “D” or equal. B. Blue Bi-Directional Pavement Markers: Reflective type; Hawkins-Hawkins Co. Inc. “V16C- 88AB,” Astro Optics Corp. “The Hydrant-Lite Marker,” or equal. C. Amber Mono-Directional Pavement Markers: Reflective type; Hawkins-Hawkins Co. "V16C-88BY," Zumar 88B, Type ” H," or equal. D. Clear Pavement Markers: Center-mount plastic reflectors, 4 inch diameter; Hawkins-Hawkins Co. "V16C-PMKR-W," Type ” A," or equal. E. VOC Content: Pavement markings used on building interior shall have a VOC content of 150 g/L or less. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that pavement is dry and in suitable condition to begin pavement marking according to manufacturer's written instructions. B. Proceed with pavement marking only after unsatisfactory conditions have been corrected. C. Mark and stripe uniformly in design, position, and application in accordance with CA MUTCD. 3.2 PAVEMENT MARKING A. Refer to CALTRANS “Traffic Stripes and Pavement Markings” section 84-3.03 B. Do not apply pavement-marking paint until layout, colors, and placement have been verified with OWNER. C. Allow paving to age for a minimum of 30 days before starting pavement marking. D. Sweep and clean surface to eliminate loose material and dust. E. Apply 2 coats of paint with mechanical equipment to produce pavement markings, of dimensions indicated, with uniform, straight edges. Apply second coat of paint only after first coat has dried. Apply at manufacturer's recommended rates to provide a minimum wet film thickness of 15 mils (0.4 mm). Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Pavement Markings and Signs 32 17 23 – 4 1. Apply graphic symbols and lettering with paint-resistant, die-cut stencils, firmly secured to pavement. Mask an extended area beyond edges of each stencil to prevent paint application beyond the stencil. Apply paint so that it cannot run beneath the stencil. Protect adjacent surfaces against splatter or stains. 2. Broadcast glass beads uniformly into wet markings at a rate of 5 lb/gal. (0.6 kg/L). 3.3 PROTECTING AND CLEANING A. Protect pavement markings from damage and wear during remainder of construction period. B. Clean spillage and soiling from adjacent construction using cleaning agents and procedures recommended by paint manufacturer recommendations. 3.4 SIGNS AND GUIDE MARKERS A. Install signs and guide markers at locations shown on the drawings in accordance with CALTRANS Sec 56, CALTRANS Sec 82 and CA MUTCD 3.5 PAVEMENT MARKERS A. Install pavement markers at locations shown on the drawings in accordance with CALTRANS Sec 85 and CA MUTCD. 3.6 ADA WHEEL STOPS A. Set and level bumpers on pavement with an adhesive consisting of asphaltic emulsion, and nail to the pavement with two No. 5 x 2-foot-long deformed bars. Apply the asphaltic emulsion in accordance with CALTRANS Sec 94-1.02. PART 4 - MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. The Pavement Markings performed under Section 32 17 23 – Pavement Markings and Signs, as defined in this section, will be measured by the lump sum. B. The Signage performed under Section 32 17 23 – Pavement Markings and Signs, as defined in this section, will be measured by the lump sum. C. The ADA Wheel Stops performed under Section 32 17 23 – Pavement Markings and Signs, as defined in this section, will be measured by the lump sum. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Pavement Markings and Signs 32 17 23 – 5 4.2 PAYMENT A. The contract lump sum price paid for Pavement Markings shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. B. The contract lump sum price paid for Signage shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. C. The contract lump sum price paid for ADA Wheel Stops shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 32 17 23 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Permeable Base 32 18 13 – 1 SECTION 32 18 13 – PERMEABLE BASE INSTALLATION PART 1 - GENERAL 1.1 SCOPE OF WORK A. The Contractor’s scope of work includes installation of perimeter header, geotextile fabric, and the selection, purchase, grading and compaction of top and bottom rock in accordance with the lines, grades, and cross-sections shown on the drawings. 1.2 QUALITY ASSURANCE A. Reference Standards - ASTM: American Society for Testing and Materials. B. Contractor's Materials Testing Agency Qualifications: An independent testing agency qualified to conduct soil materials and rock-definition testing that complies with ASTM E329 or D3740 and has personnel with at least 5 years of experience performing the following ASTM standard test methods and practices; 1. D75: Standard Practice of Sampling Aggregates. 2. C131: Standard Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. 3. C136: Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates. 4. C702: Standard Practice for Reducing Samples of Aggregate to Testing Size. 5. D1557: Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort. 6. D2434: Standard Test Method for Permeability of Granular Soils (Constant Head). C. Owner's Testing Agency shall review Contractor's submittals under this specification and recommend action as defined under Section 00700 - Submittals. D. The Owner shall reject material delivered to the site not meeting specifications. All material rejected by the Owner shall be removed from the site and replaced with suitable material at the Contractor’s expense. 1.3 SUBMITTALS A. Pre-Construction Submittals: 1. Submit five (5) copies of product data on pipe, pipe accessories, filter fabric and liner. 2. Submit five (5) copies of certification signed by Contractor's Materials Testing Agency stating they meet the qualifications presented in Article 1.2.B - Quality Assurance. 3. Submit one (1) sample each, sealed five-gallon container of bottom and top rock materials. 4. Submit five (5) copies of certification signed by Contractor's Rock Manufacturer stating that the submittal samples where prepared and tested within the last 30 days by the rock manufacturer and meet the specified gradation requirements. Certification shall list specified gradation requirements and show results of gradation test conducted in accordance with ASTM C136. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Permeable Base 32 18 13 – 2 5. Submit certification signed by Contractor's Materials Testing Agency stating that submittal samples where collected, prepared, and tested in accordance with the ASTM standard test methods and practices listed in Article 1.2 - Quality Assurance, and meets all specified requirements. Additional reporting requirements for this certification: a. List specified requirements and results of tests conducted in accordance with Article 1.2.B - Quality Assurance. b. Description of ASTM D2434 testing apparatus and procedure used to prepare samples for testing. B. Submittals during Construction: 1. Submit certification signed by Contractor and Contractor's Drainage System Installer stating that installed materials conform to specified requirements and system was successfully checked and tested prior to covering with rock and soil. 2. For every 700 tons of bottom rock material produced, submit five (5) copies of certificate of compliance signed by Contractor's Rock Manufacturer stating that a quality control sample was collected, prepared, and tested by the Rock Manufacturer and met the specified gradation requirements. Certification shall report specified gradation requirements and results of gradation test conducted in accordance with ASTM C136. This submittal shall be received and approved by the Owner prior to delivery of the material to the site. 3. For every 400 tons of top rock material produced, submit five (5) copies of certificate of compliance signed by Contractor's Rock Manufacturer stating that a quality control sample was collected, prepared, and tested by the Rock Manufacturer and met the specified gradation requirements. Certification shall report specified gradation requirements and results of gradation test conducted in accordance with ASTM C136. This submittal shall be received and approved by the Owner prior to delivery of the material to the site. 4. For each truck load of rock material delivered to the site, a copy of the corresponding approved certificate of compliance as required in 1.3.B.2 and 1.3.B.3 shall be given to the Owner's Testing Agent. The Owner shall reject truck loads delivered to the site if an approved certificate of compliance is not provided. All material rejected by the Owner shall be removed from the site and replaced with suitable material at the Contractor’s expense. 1.4 MATERIAL TESTING AND INSPECTION DURING CONSTRUCTION A. The Owner’s Testing Agent will be present intermittently to observe the Contractor's operation, to perform tests and measurements, and to adjust the work as necessary to meet field conditions. Such observations, tests, measurements and work adjustments shall not alter the requirements of the drawing or specifications nor imply any superintendence or control of the Contractor’s operation, nor warranty the Contractor’s work. B. Submittal samples shall be held by Owner’s Testing Agent for possible testing until completion of construction. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Permeable Base 32 18 13 – 3 C. During construction, the Contractor shall perform his own inspection of and testing by Contractor's Materials Testing Agency or Rock Manufacturer on rock materials to the degree he deems necessary for him to assure compliance of the rock materials with the specifications. This inspection and testing shall be in addition to that which is specifically required by this specification. D. Contractor's Materials Testing Agency shall be required to conduct the following tests during construction: 1. If ASTM C136 test results conducted by the Contractor's Rock Manufacturer on a quality control sample as defined in Article 1.3 - B indicates a difference of 10% or greater passing the no. 4 sieve size from the test results of the approved bottom rock submittal sample, ASTM D2434 testing shall be conducted on the material to confirm that the material meets the minimum permeability requirement. 2. If ASTM C136 test results conducted by the Contractor's Rock Manufacturer on a quality control sample as defined in Article 1.3 - B indicates a difference of 10% or greater passing the no. 8 sieve size from the test results of the approved top rock submittal sample, ASTM D2434 testing shall be conducted on the material to confirm that the material meets the minimum permeability requirement. E. The Owner's Testing Agent shall periodically inspect and/or obtain samples of rock materials at the source and/or as they are delivered to the site. Any rock material that does not conform to the approved submittal samples will be rejected immediately or tested by the Owner's Testing Agent to verify compliance with the specifications. Such tests shall imply no warranty of the Contractor's work or compliance with the specifications. 1. Costs for initial rock material testing by the Owner's Testing Agent are the responsibility of the Owner. Costs for any rock material testing by the Owner's Testing Agent on rock materials that are a replacement for rock materials that were rejected by the Owner's Testing Agent due to nonconformance with the specifications, Contractor's submittals or quality control test results, will be borne by the Contractor and may be invoiced to the Contractor by the Owner or deducted from the next Progress Payment. F. The Owner's Testing Agent shall conduct the following tests during construction: 1. Laboratory permeability testing (ASTM D2434) on at least one sample of bottom and top rock material. 2. Laboratory and field testing (ASTM D1557 and D2167, D2922, or D3017) to determine relative density of compacted soil and rock materials. 3. Field percolation testing at four to six locations on the completed top rock surface. 1.5 SITE CONDITIONS A. The Contractor shall satisfy himself as to the nature and quantity of materials to be moved and other work to be performed, and shall notify the Owner of any differences between site conditions shown on the drawings and actual conditions prior to commencement of work. PART 2 - PRODUCTS Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Permeable Base 32 18 13 – 4 2.1 FILL MATERIAL A. General Fill – Non-organic material, soil and rock materials obtained from on-site excavations may be used as fill provided it meets the following criteria: Size Percent Finer 6 inch 100 maximum 4 inch 90 – 100 plasticity index 25 No. 200 10 – 90 B. Imported Fill - If it is necessary to import fill material, such material shall be soil and rock which is free of perishable material, rubble and building debris, and shall conform to the requirements for general fill. 2.2 NONWOVEN GEOTEXTILE A. Nonwoven geotextile (Filter Fabric) placed in the subsurface drainage trenches shall conform to the following specifications. Mechanical Properties Test Method Unit Minimum Ave. Roll Value Grab tensile strength ASTM D4632 lbs 120(MD), 120(CD) Grab tensile elongation ASTM D4632 % 50 Trapezoid tear strength ASTM D4533 lbs 50(MD), 50(MD) Mullen burst strength ASTM D3786 psi 240 Puncture strength ASTM D4833 lbs 70 Apparent opening size ASTM D4751 mm 0.212 Permittivity ASTM D4491 sec-1 1.8 Flow rate ASTM D4491 gal/min/ft2 135 2.3 WOVEN GEOTEXTILE A. Woven geotextile (Separation Fabric) placed on the subgrade shall conform to the following specifications. Mechanical Properties Test Method Unit Minimum Ave. Roll Value Wide width tensile strength ASTM D4595 lbs/in 100(MD), 120(CD) Grab tensile strength ASTM D4632 lbs 200(MD), 200(CD) Grab tensile elongation ASTM D4632 % 15(MD), 10(CD) Trapezoid tear strength ASTM D4533 lbs 75(MD), 75(MD) Mullen burst strength ASTM D3786 psi 400 Puncture strength ASTM D4833 lbs 90 Apparent opening size ASTM D4751 mm 0.300 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Permeable Base 32 18 13 – 5 Permittivity ASTM D4491 sec-1 0.05 Flow rate ASTM D4491 gal/min/ft2 5.0 2.4 CRUSHED ROCK A. Drainage Trench Rock shall be crushed rock conforming to the requirements for Bottom Rock in Section 2.6.B. or CalTrans Class 1B permeable material. B. Bottom Rock shall be crushed rock conforming to the following requirements: 1. Gradation Requirements (ASTM C136): a. Maximum particle size: 1-1/2" b. Maximum percent passing #200 sieve: 3% c. Gradation Criteria: D60/D10 > 2.5 ; 1 < D230 < 3 ; D15 of bottom rock  5 ; S(x) - S(½ x) < 60% D10 D60 D85 of top rock [“D60” is the particle size diameter of which 60 percent of the test sample's particle diameters are smaller. This and other specified diameters shall be interpolation from a semi-log plot of the gradation test results.] [“S(x) - S(½ x)” is the difference in percent passing between any sieve and the sieve representing half of its nominal opening size. The difference between these percentages shall not exceed 60 percent.] 2. Drainage Requirements (ASTM D2434): a. Permeability > 500 in/hr (3.5 X 10-1 cm/sec) [Test with rock saturated and compacted to 92% Modified Proctor] 3. Durability Requirements (ASTM C131): a. LA Abrasion (500 revs) < 40 C. Top Rock shall be crushed rock conforming to the following requirements: 1. Gradation Requirements (ASTM C136): a. Maximum particle size: 3/8" b. Maximum percent passing #200 sieve: 3% c. Gradation Criteria: D60/D10 > 5 ; 1 < D230 < 3 ; D85 of top rock  0.2 ; S(x) - S(½ x) < 40% D10 D60 D15 of bottom rock 2. Drainage Requirements: a. Laboratory Permeability > 40 in/hr (2.8 X 10-2 cm/sec) (ASTM D2434) [Test with rock saturated and compacted to 92% Modified Proctor] b. Field percolation rate of at least 30 in/hr. 3. Durability Requirements (ASTM C131): a. LA Abrasion (500 revs) < 40 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Permeable Base 32 18 13 – 6 D. Suggested Gradation Ranges: bottom and top rock within the following ranges will generally meet the requirements listed above. This information is not a warranty, it is only intended to help guide the Contractor's Rock Manufacturer in the production of the materials. Gradation Bottom Rock Top Rock Sieve Size Percent Passing Percent Passing 2” 100 - 1-1/2” 90 – 100 - 1” 75 – 100 - 3/4” 65 - 95 - 1/2” 55 – 85 100 3/8” 40 – 75 85 – 100 No. 4 20 – 55 60 – 85 No. 8 0 – 40 35 – 65 No. 16 0 – 20 10 – 45 No. 30 0 – 7 0 – 30 No. 50/60 0 - 5 0 – 15 No. 1000 – 3 0 – 8 No. 2000 – 2 0 – 2 PART 3 – EXECUTION 3.1 GENERAL A. Excavating and grading shall be performed in conformance with the alignment, grade and cross- sections indicated on the drawings. 3.2 SPILLAGE, DUST AND EROSION CONTROL A. The Contractor shall prevent spillage when hauling on or adjacent to any public street or highway. In the event that spillage occurs, the Contractor shall remove all spillage and sweep, wash or otherwise clean such streets in accordance with City, County and/or State requirements. B. The Contractor shall take all precautions needed to prevent a dust nuisance to adjacent public and private properties and to prevent erosion and transportation of soil to downstream properties due to work under this contract. Any damage so caused by the Contractor's work shall be corrected or repaired by the Contractor. 3.3 SUBGRADE GRADING A. The subgrade beneath the permeable base shall be prepared in accordance with the geotechnical report(s) and Section 31 20 00 – Earth Moving. 3.4 COMPACTED FILL Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Permeable Base 32 18 13 – 7 A. Any fill material placed to create the planned subgrade shall be placed in accordance with the geotechnical report(s) and Section 31 20 00 – Earth Moving 3.5 SUBGRADE SLOPES AND GRADE TOLERANCES A. Final subgrade grades shall conform to the lines and grades shown on the drawings. B. The subgrade shall be excavated to create a positive slope towards the subsurface drain pipes. Unless otherwise specified on the drawings, the minimum slope of the subgrade shall be 1.0 percent. C. The final subgrade grade shall be rolled with a smooth drum roller to remove all localized depressions deeper than ½ inch caused by construction and compaction equipment tires or rollers. D. The measured grades shall not deviate more than 0.08 feet from the planned grades and not vary more than 0.04 feet in 10 feet in any direction. Laser grading is recommended. E. All subgrade grades shown on the drawings shall be completed by the Contractor and inspected by the Owner prior to commencing with the subsequent work items. 3.6 SUBSURFACE DRAINAGE SYSTEM A. A system of shallow trenches shall be excavated to the lines, grades and dimensions shown on the drawings. B. The excavated trenches shall be free of loose soil and debris. C. A layer of filter fabric shall be placed in the shallow trench and backfilled with at least 2 inches of bottom rock. A perforated drain pipe shall then be placed in the trench in accordance with the drawings. The pipe shall be laid with the perforations down and at a minimum slope of 0.5 percent unless otherwise specified on the drawings. Lengths of pipe shall be joined by fittings fabricated by the pipe manufacturer. The perforated drain pipe shall be covered with at least 2 inches of bottom rock. D. All trench rock and soil backfill shall be placed in layers eight inches or less in loose thickness, moisture conditioned to near the optimum moisture content and compacted to achieve at least 92 percent relative compaction, unless otherwise specified. 3.7 PERIMETER HEADER A. The Contractor shall provide and install a header in accordance with the layout and details shown on the drawings. 3.8 GEOTEXTILE A. Geotextile shall not be installed until a perimeter header has been installed. B. Geotextile shall not be installed until subdrainage trenches have been excavated. C. Geotextile rolls shall be handled in such a way that they are not damaged. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Permeable Base 32 18 13 – 8 D. Geotextile shall be placed on exposed subgrade surfaces in accordance with the drawings. The geotextile shall be rolled out parallel to the long direction of the playfield. E. Geotextile shall be securely anchored and then rolled in such a manner as to continually keep the geotextile sheet in tension. F. Geotextile shall be anchored with 6 inch steel staples placed at 36 inches on center during placement. G. Adjacent widths of geotextile shall be “shingled” and have a 6-inch overlap at all edges. H. Holes or tears in the geotextile shall be repaired with a fabric patch spot-seamed with a minimum 24 inch overlap in all directions. 3.9 BOTTOM ROCK A. The specified bottom rock shall be carefully placed and compacted over the subgrade and/or drain pipe to the grades and elevations shown on the drawings. If the thickness of the planned bottom rock exceeds 6 inches, the rock shall be placed in horizontal layers not exceeding 6 inches and each layer compacted to 92 percent relative compaction with a vibratory smooth drum roller. B. Should any segregation of the material occur, during any stage of the stockpiling, spreading or grading, the Contractor shall immediately remove and dispose of segregated material and correct or change handling procedures to prevent any further separation. C. Finished surface shall be proof rolled to 92 percent relative compaction with a vibratory smooth drum roller to provide a non-yielding, smooth, flat surface. D. Final bottom rock grades shall conform to the lines and grades shown on the drawings. The measured grades shall not deviate more than 0.08 feet from the planned grades and not vary more than 0.04 feet in 10 feet in any direction. Laser grading is recommended. E. The top surface of the bottom rock shall be sloped as shown on the drawings. Bottom rock grades shall be completed by the Contractor and inspected by the Owner prior to commencing with the subsequent work items. F. The specified top rock shall be carefully placed using a self-propelled paving machine in order to minimize segregation. G. Should any segregation of the material occur, during any stage of the work, the Contractor shall immediately remove and dispose of segregated material and correct or change handling procedures to prevent any further segregation. H. The finished surface shall be compacted to 92 percent relative compaction with a vibratory smooth drum roller to provide a non-yielding, smooth, flat surface. I. Final top rock grades shall conform to the lines and grades shown on the drawings. The measured grades shall not deviate more than 0.04 feet from the planned grades and not vary more than 0.02 feet in 10 feet in any direction. Laser grading is recommended. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Permeable Base 32 18 13 – 9 J. The top surface of the top rock shall be sloped as shown on the drawings. K. All top rock grades shown on the drawings shall be completed by the Contractor and inspected by the Owner prior to commencing with the subsequent work items. L. A small trial area (15 feet square, minimum) of top rock shall be installed prior to installing the complete surface. The Contractor's Synthetic Turf Installer shall observe the placement and compaction of top rock in the trial area and determine whether the surface is suitable to install the synthetic turf. The Contractor shall modify installation procedures and/or material used until the Contractor's Synthetic Turf Installer is satisfied. M. Field percolation testing shall be conducted by the Owner's Testing Agent in accordance with Section 1.4.F.3. The Contractor shall correct the top rock layer, at no cost to the Owner, if the minimum percolation requirement is not achieved. 3.10 TOP ROCK A. The specified top rock shall be carefully placed using a self-propelled paving machine in order to minimize segregation. B. Should any segregation of the material occur, during any stage of the work, the Contractor shall immediately remove and dispose of segregated material and correct or change handling procedures to prevent any further segregation. C. The finished surface shall be compacted to 92 percent relative compaction with a vibratory smooth drum roller to provide a non-yielding, smooth, flat surface. D. Final top rock grades shall conform to the lines and grades shown on the drawings. The measured grades shall not deviate more than 0.04 feet from the planned grades and not vary more than 0.02 feet in 10 feet in any direction. Laser grading is recommended. E. The top surface of the top rock shall be sloped as shown on the drawings. F. All top rock grades shown on the drawings shall be completed by the Contractor and inspected by the Owner prior to commencing with the subsequent work items. G. A small trial area (15 feet square, minimum) of top rock shall be installed prior to installing the complete surface. The Contractor's Synthetic Turf Installer shall observe the placement and compaction of top rock in the trial area and determine whether the surface is suitable to install the synthetic turf. The Contractor shall modify installation procedures and/or material used until the Contractor's Synthetic Turf Installer is satisfied. H. Field percolation testing shall be conducted by the Owner's Testing Agent in accordance with Section 1.4.F.3. The Contractor shall correct the top rock layer, at no cost to the Owner, if the minimum percolation requirement is not achieved. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Permeable Base 32 18 13 – 10 3.11 FINISHING OF SURFACE PLANARITY A. Finish surface planarity shall be verified, and if necessary adjusted, by the Contractor using string line method. A mason’s line held taught between two workman separated by a distance of approximately 40 feet, shall be placed directly on the finished surface, parallel to the direction of greatest slope. A third workman shall check for separations between the mason’s line and the finished surface that are equal to or greater than the tolerances specified in 3.11-C. Areas of separation shall be outlined with marking paint and the depth of separation indicated. B. Entire finished surface shall be “walked” with mason’s line in increments of approximately 3 feet. C. Areas outlined with marking paint shall be filled with top rock to the depth indicated and raked by hand. Filled areas shall be compacted to 92 percent relative compaction with a vibratory plate to provide a non-yielding, smooth, flat surface. D. Finished surface planarity shall be approved by the Owner PART 4 – MEASUREMENT AND PAYMENT 4.1 MEASUREMENT A. The work performed under Section 32 18 13 – Permeable Base, as defined in this section, for Portland Cement Pervious Concrete Pavement sections will not be measured separately for payment. Full compensation for the work of this section will be considered as included in the prices for other contract items listed in the schedule of bid prices in the Bid Form, and no additional compensation will be allowed. B. The work performed under section 32 18 13 – Permeable Base, as defined in this section, for Parking Lot Permeable Base with Headerboard finish grade parking lot areas, will be measured by the square foot. 4.2 PAYMENT A. The contract unit price paid for Permeable Base for Portland Cement Pervious Concrete Pavement shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. B. The contract square foot price paid for Parking Lot Permeable Base with Headerboard shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved, complete in place, as shown on the plans, as specified in these specifications, and as directed by the Engineer. END OF SECTION 32 18 13 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino Permeable Base 32 18 13 – 11 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 80 00 – 1 Irrigation Work SECTION 32 80 00 – IRRIGATION WORK PART 1 – GENERAL 1.01 SUMMARY A. RELATED DOCUMENTS 1. Drawings and general provisions of the Subcontract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 2. Relevant Sections a. Section 31 10 00 – Site Clearing b. Section 31 20 00 – Earth Moving c. Section 32 90 00 – Planting Work B. DESCRIPTION OF WORK 1. Furnish all labor, materials, tools, equipment and services necessary to construct an automated irrigation system. This work can include, but is not necessarily limited to: a. Location and identification of existing underground utilities. b. Boring under existing pavements for new mainlines. c. Saw cutting and patching through existing paving for new mainlines d. Hookup to point of connection. e. Installation of new mainline. f. Installation of sleeving where necessary. g. All excavation, trenching, backfilling, and restoration of surfaces altered by the work. Restore existing paving to original quality, texture, thickness, and color. h. Repair of any control or electrical wires and or conduits damaged during the course of construction. i. Repair of any lateral or mainline damaged during construction. j. Installation of low flow and over-head broadcast irrigation components. k. Installation of quick couplers, ball valves, remote control valves and valve boxes per plans. l. Maintenance period. C. QUALITY ASSURANCE 1. All work and materials shall be in full accordance with the latest rules and regulations of the National Electric Code, the Uniform Plumbing Code published by the Western Plumbing Officials Association, and other applicable State or local laws or regulations. 2. All piping shall be inspected and approved by the Owner’s Representative prior to backfilling as described in the EXECUTION portion of this Section. 3. Furnish, without extra charge, any additional material and labor as required to comply with these rules and regulations, though the work is not mentioned in these particular Construction Documents. 1.02 SUBMITTALS A. Submit copies of descriptive literature of all proposed materials for review. All submittals shall be transmitted, in one bound package, to the Owners Representative within 30 calendar days from the date of the Notice to Proceed. List all materials by manufacturer’s name and model number. B. Prior to acceptance of irrigation system, submit 3 copies of Maintenance Manuals to the City, containing: Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 80 00 – 2 Irrigation Work 1. Contractor’s name, address, phone number 2. List of equipment provided, by manufacturer, along with local manufacturer’s representative’s contact information. 3. Complete O & M instructions. 4. Warranties and certificates 1.03 COORDINATION A. Schedule and coordinate work with other trades to avoid conflicts in construction sequence and equipment installation. PART 2 – PRODUCTS 2.01 MATERIALS A. All materials provided shall be new and in a first class condition. B. Metallic Pipe and Fittings 1. Galvanized steel pipe, sizes 1" through 4" shall be SCH 40, ASTM A 120 2. Copper Pipe sizes 1" through 3" shall be seamless copper water tube, ASTM B 88, Type "K". 3. Fittings for galvanized steel pipe shall be, ANSI B16.3 galvanized malleable-iron threaded fittings. 4. Fittings for copper tubing shall be, ANSI B16.22 wrought copper or cast brass recessed solder joint type fittings. 5. Di-electric fittings shall be used for dissimilar metals. C. Mainline Pressure Pipe – mainline pipe shall be as noted on the Drawings and shall be of one of the following specifications: 1. PVC 1120, SCH. 40 pipe for sizes 2” and under, shall conform to ASTM D1785, D1784, cell class 12454-A, B. Couplings and fittings to be joined with solvent cement in accordance with manufacturer's instructions. 2. PVC 1120, CLASS 315 pipe for sizes over 2.5” and over. Couplings and fittings to be joined with solvent cement in accordance with manufactures instructions D. Lateral Pipe – shall be as noted on the Drawings and shall be PVC 1120, CLASS 200, shall conform to ASTM D2241, F477, D1784, cell class 12454-A, B. Couplings and fittings to be joined with solvent cement in accordance with manufacturer's instructions. E. Fittings for solvent weld joints shall be SCH 40 PVC unless otherwise noted. F. Irrigation sleeving: shall be 6" class 200 unless otherwise noted. G. Remote Control Valves: shall be as specified on the drawings. H. Ball Valves: shall be as specified on the drawings. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 80 00 – 3 Irrigation Work I. Low flow and overhead broadcast emitters: shall be as specified on the drawings. J. Low flow and overhead broadcast emitters: shall be as specified on the drawings. K. Quick Coupler Valves: shall be as specified on the drawings. L. Valve Boxes: shall be manufactured by Brooks, Carson, Christy or approved equal. One control valve per box unless otherwise acceptable to the Engineer. M. Splicing Materials: Manufacturer's packaged kit consisting of insulating, spring-type connector or crimped joint and epoxy resin moisture seal; suitable for direct burial. N. Wiring: UL 493, Type UF multiconductor, with solid-copper conductors; insulated cable; suitable for direct burial. O. Solvent Cements for Joining PVC Piping: ASTM D 2564. Include primer according to ASTM F 656. PART 3 – EXECUTION 3.01 EXCAVATION A. Existing utilities, including irrigation, designated to remain, shall be preserved and protected. B. Trenches may be excavated either by hand or machine, but shall not be wider than is necessary to lay the pipes. Any damages shall be repaired by Contractor at no additional cost to Owner. C. Minimum depth of cover for irrigation equipment shall be: 1. Twenty four inches (24") for mainline pressure piping and eighteen inches (18”) for lateral piping unless otherwise noted on the plans. 2. Twenty four inches (24"), minimum cover, for any pipe, wire or sleeve under paving of any kind, including pervious concrete. 3. Refer to drawings, details and legends for additional information. 4. Irrigation sleeving: Install where shown or needed, extend sleeving min. 6" into planters. 3.02 PIPE JOINTS AND CONNECTIONS A. Jointing shall be performed by competent tradesmen, specially trained in the type of work required and using tools and equipment recommended by the manufacturers of the pipe fittings or equipment. B. Metal pipe threads shall be sound, clean cut, and cored to full inside diameter. Threaded joints shall be made up with best quality pure joint compound or lead paste carefully and smoothly placed on the male threads only throughout the system. C. All screwed joints shall be made tight with tongs and wrenches without the use of handle extensions. Use of thread cement or caulking to make joints water tight will not be permitted. All cut ends shall be remade to full bore before assembly. D. On Plastic to IPS (iron) Connections, the Contractor shall work the IPS (iron) side first. A non-hardening pipe dope such as Rectroseal #5 or equal, with the following exception: do not use paste products on black Cycolac plastic, especially those manufactured by Toro Irrigation; use only Teflon tape. Tighten plastic to Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 80 00 – 4 Irrigation Work IPS joints with light pressure only. On PVC to PVC threaded connections such as at valve or swing joint assemblies, use Teflon tape on threads. E. Contractor shall use only the solvent supplied and recommended by the pipe and/or fitting manufacturer to make plastic pipe joints. F. All pipe and fittings shall be joined using manufacturers recommended procedures. G. Use clean rag and wipe off all excess solvent from both pipe and fittings. H. Allow at least fifteen (15) minutes set-up time for each solvent-welded joint before moving pipe. I. Connections and controls shall be functionally as shown on the Drawings, but physically shall be the most direct and convenient method while imposing the least hydraulic friction. 3.03 HANDLING OF PIPE A. Handling and assembly of pipe, fittings, and accessories shall be by skilled tradesmen using approved methods and tools and exercising care to prevent damage to the materials or equipment. Interior of pipe, fittings, and accessories shall be kept clean at all times, and all openings in piping runs shall be closed at the end of each day's work or otherwise as necessary to prevent the entry of foreign materials. Bending of galvanized steel pipe will not be permitted. B. All plastic pipe to be installed shall be free from blisters, internal striations, dents, wrinkles, cracks, holes, foreign materials, and the interior wall shall be smooth and have a glass-like appearance. Plastic pipe shall be marked continuously and permanently with the following information: Manufacturer's name and quality control identification, National Sanitation Foundation's seal, class, or schedule of pipe, pressure rating of pipe, and pipe size. The pipe shall be turned with the markings up during installation so that they may be read when viewed from above while trenches are open. C. All PVC cuts shall be clean and true, with pipe cutters not hack saws, and Contractor shall ream or re-cut and replace all pipe to completely remove any end burrs to the satisfaction of the Engineer. 3.04 INSTALLATION OF PIPING - GENERAL A. There shall be minimum 3" clear, horizontally and vertically around all irrigation piping in trenches and minimum 12” clear between irrigation and other disciplines, unless stricter requirements exist elsewhere, which take precedence. Plastic pipe shall always be installed so that there will be a small amount of excess length in the line to compensate for contraction and expansion of the soil around the pipe. This shall be accomplished by "snaking" the pipe, side to side in the trench during the time of installation. Refer to irrigation details for additional information. B. Install warning tape directly above pressure piping, 12” minimum below finished grades, except 6 inches (150 mm) below subgrade under pavement and slabs. C. Install control wire in same trench as irrigation piping and at least 2 inches below piping. Provide conductors of size not smaller than recommended by controller manufacturer. Install cable in separate sleeve under paved areas. 3.05 TESTING PIPING A. All testing shall be done in the presence of the Owner’s Representative. All work herein shall be done by the Contractor. Center-load all pipelines with appropriate backfill material to resist hydraulic pressures, but leave all fittings exposed for inspection. Piping under paving shall be tested and approved before paving or re-paving. All glued fittings must be allowed to dry a minimum of 48 hours prior to testing. Install a 0 to 160 P.S.I. water-filled pressure gauge on lines to be tested. All valves shown on Plans shall be in place, and Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 80 00 – 5 Irrigation Work shall be in the closed position. Gasketed supply lines shall be tested at 150 P.S.I., solvent weld supply lines shall be tested at 120 p.s.i., and laterals at 65 P.S.I. Fill pipelines with water slowly to avoid pipe damage, and bleed all air from lines as they are being filled. After closing valve at water source and bringing piping to specified pressure, supply lines shall hold specified pressure for six (6) hours with no pressure loss or leaks. Laterals may have minor leakage at swing joint assemblies etc., subject to the discretion of the Owner’s Representative. Major leaks are not acceptable. Laterals shall be tested for one (1) hour at 65 P.S.I. solely to reveal any piping or assembly flaws. The laterals are not expected to hold gauge pressure. B. For testing laterals, cap risers or turn adjusting screws on nozzles to the "off" position, as appropriate. C. Repair any flaws discovered in supply lines or laterals, then retest in same fashion as outlined in presence of the Owner’s Representative, until all lines have been approved. 3.06 HEAD LAYOUT A. Contractor shall flag all heads and valves, prior to installation, for City review. Provide 3 working days notice prior to requiring a flagging inspection. B. The layout shall take into account site conditions and grading contours, and be coordinated with the final planting layout. C. Layout shall consider, accommodate and preserve existing irrigation system at Stocklmeir site that provides water to orchard trees. 3.07 IDENTIFICATION A. Identify system components. Comply with requirements for identification specified in Division 22 Section "Identification for Plumbing Piping and Equipment." B. Equipment Nameplates and Signs: Install engraved plastic-laminate equipment nameplates and signs on each automatic controller. 1. Text: In addition to identifying unit, distinguish between multiple units, inform operator of operational requirements, indicate safety and emergency precautions, and warn of hazards and improper operations. C. Warning Tapes: Arrange for installation of continuous, underground, detectable warning tapes over underground piping during backfilling of trenches. See Section 31 20 00 – Earth Moving for warning tapes. 3.08 BACKFILL A. Record drawings showing any field modifications or change order work shall be submitted to the Engineer for review before complete backfilling of trenches will be authorized. B. For all trench conditions refer to plans. C. All backfill shall be finely divided soil, free of rocks and rubbish. D. Compact trench backfill to equal that of surrounding undisturbed soil. E. Grade trenches to be flush with adjacent grade; fill and re-grade trench if settling over 1/2" occurs. Refer to Section 31 20 00 – Earth Moving of these specifications for further information. 3.09 RECORD DRAWINGS A. The Contractor shall provide and maintain record drawings in compliance with Document 00700, General Conditions. Record drawings shall be reproducible prints of all sprinkler drawings which form a part of the Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 80 00 – 6 Irrigation Work Contract, showing all water supply lines, valves, and stub-outs. In the event any of the originally drawn elements are not installed as indicated on the drawings, all such deviations shall be drawn carefully and correctly on these prints, with dimensions shown. These prints shall be updated on a continual basis and be available for review on job site at any time by the Owner’s Representative. At the completion of the work, prior to start of Maintenance Period, the Record Drawing prints shall be submitted to the Owner’s Representative for review and comment. After comments are made, Record Drawings will be sent back to Contractor for modification or redrafting. When Record Drawings are acceptable to the Owners Representative, the Contractor shall obtain reproducible copies of the original plans from the Owners Representative and transfer all Record Drawing information onto reproducible plans. The Contractor shall then affix the company seal and signature which shall serve as the Contractors guarantee of accuracy. B. First submittal of Record Drawing prints shall be made before punchlist inspection. 3.10 ADDITIONAL TURN-OVER MATERIALS A. Deliver to the Owner’s Representative upon completion of work: 1. Two (2) quick coupling valve handle with a 3/4 inch hose swivel attached to fit brand and type of quick coupler valves installed and two (2) quick coupler locking key (if applicable). 3.11 PROTECTION A. The Contractor shall be responsible for any and all damages to any of their materials or work prior to final acceptance. This includes any damages incurred during specified maintenance period. Securely cover all openings and cover all apparatus, fixtures and appliances both before and after setting into place to prevent obstruction in the conduits and breakage or disfigurement of equipment. Should the equipment become damaged, restore it to its original condition and finish before final acceptance. 3.12 ADJUSTING A. Prior to Final Acceptance, adjust and regulate entire system. This includes verifying head-to-head coverage, and adjusting head layout to respond to specific site conditions. B. Set watering schedule on controller appropriate to type of plant and season of year C. Adjust control zone kit valve to operate at optimum performance based on pressure. 3.13 MAINTENANCE A. Maintain all materials in prudent, workmanlike fashion after delivery to site and all work immediately after installation until final acceptance. B. Specifically, Contractor shall at minimum: Repair and/or replace any damaged equipment or site damages (including planting) resulting from defects in or vandalism to irrigation system components. C. The Contractor shall submit first draft of record drawings, all turn-over materials, and other items in accordance with Division 1 Section “Project Closeout”. Contractor is allowed (2) inspections, one, to establish the punchlist" and a second to verify completion of the punchlist. Any additional walk-throughs or observations required to obtain approval will be back-charged to the Contractor. 3.14 GUARANTEE A. The entire system shall be guaranteed by the Contractor in writing, to be free from defects in material and workmanship for a period of one (1) year from date of final acceptance of work. Guarantee shall include repair of any trench settlement occurring within the guarantee period, including related damage to paving, landscaping, or improvements of any kind. Written guarantee shall be submitted with any remaining turn- Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 80 00 – 7 Irrigation Work over materials before final acceptance will be issued. PART 4 – MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The work performed under Section 32 80 00, Irrigation Work as defined in this section, shall be measured on a lump sum basis. 4.02 PAYMENT A. The contract lump sum price paid for Irrigation Work shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and 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. END OF SECTION 32 80 00 Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 90 00 – 1 Planting Work SECTION 32 90 00 – PLANTING WORK PART 1 – GENERAL 1.01 RELATED DOCUMENTS A. Drawings, Divisions 0 & 1, including Doc. 00700 General Conditions and Doc. 00800 Special Conditions, and the technical specifications apply to this Section. B. Section 01 56 39 – Temporary Tree Protection C. Section 32 80 00 – Irrigation Work D. “Guidelines to Minimize Phytophthora Pathogens for holding (non-production) nurseries at restoration sites” published by the Working Group for Phytophthoras in Native Habitats, current edition E. “Guidelines to Minimize Phytophthora Contamination in Restoration Projects” published by the Working Group for Phytophthoras in Native Habitats, current edition 1.02 SUMMARY A. The schedule of work procedures included in this Section are listed as follows: 1. Method of Planting 2. Planting of trees provided by the Contractor 3. Planting of shrubs and grasses provided by the Contractor 4. Planting of hydroseeded areas 5. Watering Basins 6. Plant maintenance 7. Protection against introduction of pathogens through compliance with all published BMP’s by the California Oak Mortality Task Force, and the Phytophthoras in Native Habitats Work Group. www.suddenoakdeath.org 1.03 DEFINITIONS A. Finish Grade: Elevation of finished surface of planting soil. B. Planting Soil: Surface soil mixed with soil amendments. C. Subgrade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill, before placing planting soil. 1.04 SCHEDULING AND CONDITIONS A. Planting operations shall be performed only during periods when beneficial results can be obtained. When drought, excessive moisture or other unsatisfactory conditions prevail, the work shall be stopped when directed. Any variance from the Scheduling and Conditions specified above shall be submitted to and approved by the Engineer in writing prior to plant installation. B. On days expected to be 90 degrees Fahrenheit or greater, the Contractor shall schedule planting in the morning only to avoid stressing plants during installation. 1.05 SUBMITTALS A. Product Data: For each type of product indicated. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 90 00 – 2 Planting Work B. Samples for Verification: For each of the following: 1. (1) lb of bark mulch in labeled plastic bags. C. Product Certificates: For each type of manufactured product, signed by product manufacturer, and complying with the following: 1. Manufacturer’s certified analysis for standard products. 2. Analysis of other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable. D. Qualification Data: For landscape Installer, demonstrated experience on similar restoration sites with compliance to “Guidelines to minimize Phytophthora Contamination in Restoration Projects”. For supplier nursery, demonstrated experience complying with “Guidelines to Minimize Phytophthora Pathogens for holding (non-production) nurseries at restoration sites”. E. Material Test Reports: For existing surface soil, a soil fertility test shall be provided by the Contractor. Minimum 4 sample locations. F. Planting Schedule: Indicate anticipated planting dates for upland planting on project schedule and updates. G. Maintenance Instructions: Submit before expiration of required maintenance periods. 1.06 QUALITY ASSURANCE A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful establishment of California native restoration projects. 1. Licensing Requirements: Contractor shall possess a State of California Landscape Contractor’s license and must meet the State of California Licensing Requirements for the application of herbicides. 2. Installer’s Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when planting is in progress. B. Pre-installation Conference: Conduct conference at Project site to comply with requirements in Doc. 00700 General Conditions. C. Landscape Installer shall comply with all published pathogen risk reduction BMP’s set forth by the Working Group for Phytophthoras in Native Habitats. 1.07. SOURCE QUALITY CONTROL A. General: Ship plant material and seed with certificates of inspection required by governing authorities. Comply with regulations applicable to plant materials (as applicable). B. All plant material share be sourced from suppliers and nurseries adhering to and implementing all published pathogen risk reduction BMP’s set forth by the Working Group for Phytophthoras in Native Habitats. C. Trees, Shrubs and Plants: Provide trees, shrubs and plants of quantity, size, genus, species and variety shown and scheduled for landscape work and complying with recommendations and requirements of ANSI Z60.1 "American Standard for Nursery Stock". Provide healthy, vigorous stock, grown in recognized nursery in accordance with good horticultural practice and free of disease, insects, eggs, larvae and defects such as girdling or bound roots, knots, sun-scald, injuries, abrasions, or disfigurement. Trees shall have high scaffolding (6’ min.) to clear standard vehicle heights. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 90 00 – 3 Planting Work D. Label at least one tree and one shrub of each variety with a securely attached waterproof tag bearing legible designation of botanical and common name. Provide copies of all delivery tags. E. Substitutions are not allowed. If specified plant material or seed is not obtainable, submit proof of non- availability to City’s Representative, together with proposed equivalent materials for review at least two weeks prior to scheduled planting time. F. Analysis and Standards: Package standard products with manufacturer's certified analysis. For other materials, provide analysis by recognized laboratory made in accordance with methods established by the Association of Official Agriculture Chemists, wherever applicable. G. Inspection: The City’s Representative shall inspect all trees and shrubs before planting for compliance with specified requirements for genus, species, variety, size and quality. City’s Representative retains right to further inspect trees and shrubs for size and condition of root systems, trunks, stems branches or structure, buds, etc., and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from project site and replace with materials acceptable to City’s Representative. H. Prior Review: The Contractor shall arrange for all trees to be selected at the source nursery prior to ordering by City’s Representative for compliance with specified requirements, prior to Contractor’s scheduling of delivery. 1.08 DELIVERY, STORAGE, AND HANDLING A. Adhere to and implement all published pathogen risk reduction BMP’s set forth by the Working Group for Phytophthoras in Native Habitats including “Guidelines to Minimize Phytophthora Contamination in Restoration Projects.” B. Handle planting stock by container. C. If planting is delayed more than six hours after delivery, set plants in shade, protect from weather and mechanical damage, and keep roots moist. D. Do not remove plants from containers before time of planting. E. Water root systems of plants stored on-site with a fine-mist spray. Water as often as necessary to maintain root systems in a moist condition 1.09 COORDINATION A. Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit. PART 2 – PRODUCTS 2.01 PLANT MATERIAL A. All container plants, as shown on L-3.0, shall be supplied by a native plant nursery specializing in watershed specific plants, grown from seeds or cuttings collected within 15 miles of the project site. 2.02 PLANT PROTECTION A. Browse protection: Browse protection measures shall include the use of foliage and root protection cages, as indicated on the drawings. Contractor shall provide all materials necessary to protect plants from animal browse. B. Root protection: Root protection measures shall include the use of root protection cages, as indicated on the drawings. 2.03 BARK MULCH Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 90 00 – 4 Planting Work A. Bark mulch shall consist of a three inch deep layer of wood chips, or tree bark chips, at the Contractor’s option. Mulch shall be free of salt and foreign materials such as dirt clods, coarse objects, sticks, rocks, weeds or weed seeds. Mulch produced from tree trimmings that contain leaves or small twigs will not be accepted. B. The particle size of the chips shall be between ½ and 3 inches in length and not less than 3/8 inch in width and 1/16 inch in thickness. Tree bark shall have a particle size between 1/2" inch and 1 ½ inches. Shredded bark shall be a mixture of shredded bark and wood and shall have a particle size between 1/8 inch and 1-1/2 inches in thickness and 1 inch to 8 inches in length. C. Tree bark shall not originate from sudden Oak Death host plants. The City’s Representative may implement random mulch testing for Phytophthoras or other pathogens prior to delivery to the site. The first round of testing will be paid by the City; all subsequent tests required to demonstrate pathogen-free material will be at the cost of the Contractor. D. Mulch is desired to be from chipped trees from on-site collections, except from the Pine family <including Monterey Pine>, Myrtle family <including Eucalyptus>, or the Acacia species. 2.04 WEED FABRIC A. Weed fabric shall be bio-degradeable EcoCover Mulch Mat Squares and secured by 4 Eco Pins per plant as available from EcoCover, 16072 Gothard Street, Huntington Beach, CA 92647, telephone 877-636-2404, ecocoverusa.com. 2.05 HYDROSEED A. Approved manufacturer: PACIFIC COAST SEED 533 Hawthorne Place, Livermore, CA 94550 925-373-4417 B. All products shall be in conformance with the specifications listed below. Any changes to products to be used shall be approved, in writing, by the owner’s representative prior to job site delivery. C. Seed Mix: Santa Clara Riparian Mix. Refer to L-3.0 for specific species and application rates. All seed shall be in conformance with the California State Seed Law of the Department of Agriculture. Each seed bag shall be delivered to the site sealed and clearly marked as to species, purity, percent germination, dealer’s guarantee, and dates of test. In addition, the container shall be labeled to clearly reflect the amount of Pure Live Seed (PLS) contained. Prior to seeding at the request of the owner, the contractor shall provide a letter of certification, original Association of Official Seed Analysts (AOSA) seed test results, and calculations of PLS content. D. Wood Fiber Hydromulch Mulch: Mulch shall be composed of cellulose or wood fiber products with no growth or germination inhibiting substances and shall be manufactured in such a manner that when thoroughly mixed with seed, fertilizer, organic stabilizer, and water, in the proportions specified, will form homogeneous slurry which is capable of being sprayed to form a porous mat. The fibrous mulch in its air-dry state shall contain not more than 15% by weight of water. The fiber shall have a temporary green dye and shall be accompanied by a certificate of compliance stating that the fiber conforms to these specifications. BFM Bonded Fiber Matrix: Bonded Fiber Matrix shall be a flexible erosion control blanket composed of long strand, thermally processed wood fibers, polysaccharide based tackifiers, moisture retention agents, and biodegradable interlocking fibers derived from natural plant sugars. The fiber matrix forms a protective mat over the soil then applied in a Hydroseeding slurry mixture. After drying, the matrix becomes a porous, breathable, erosion-resistant mat that fully biodegrades with a functional longevity of up to 12 months. E. Organic Stabilizer/Tackifier: Shall be an organic substance supplied in powder form and shall be psyllium Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 90 00 – 5 Planting Work based and packed in clearly marked bags stating the contents of each package. The California Department of Food and Agriculture shall certify the material as an Auxiliary Soil Chemical. F. Fertilizer: To be used in the slurry, shall be of commercial quality, conform to the requirements of the California Food and Agriculture Code, shall have a guaranteed analysis for nitrogen, phosphorus and potassium of 7-2-1. Products specified as slow-release shall have been tested and demonstrate a nearly linear release curve. G. Mycorrhizal Inoculant: Endo (arbuscular) mycorrhizal inoculum shall be registered by the California Department of Food and Agriculture and consist of spores, mycelium, and mycorrhizal root fragments in a solid carrier suitable for handling by hydro-seeding equipment. The carrier shall be the material in which the inoculum was originally produced, and may include organic materials, vermiculite, perlite, calcined clay, or other approved materials consistent with mechanical application and with good plant growth. Each endo-mycorrhizal inoculum shall carry a supplier’s guarantee of 50,000 propagules minimum per kilogram. The minimum propagule count shall be shown on each label provided. If more than one fungal species is claimed by the supplier, the label shall include a guarantee for each species of mycorrhizal fungus claimed. H. Water: Water shall be made readily available on site by the Contractor. I. Equipment: Equipment used for application of slurry shall be a commercial-type Hydro-Seeder and have a built-in agitation system with an operation capacity sufficient to agitate, suspend and homogeneously mix slurry. Tank capacity shall be a minimum of 1,500 gallons and shall be mounted on a truck to allow access to the site. Distribution Lines: Large enough to prevent stoppage and allow for even distribution of slurry over the site. Pump: Shall be able to generate 150 psi at the nozzle. 2.06 LANDSCAPE BOULDERS A. Boulders shall be sizes as noted on plan sheet L-2.0, ranging from approximately 0.5 ton to 2.0 ton each. B. Boulders shall match those in place along and within the creek corridor at Blackberry Farm Park in Cupertino, ranging in color from tan to brown with charcoal gray, generally rounded and without rough edges. Boulders shall be fairly equal in overall length, width, and height proportions unless otherwise acceptable to the Engineer. Boulders shall be free of structural cracks greater than 1” in width, or passing through the entire boulder. C. Boulders shall be cleaned prior to delivery, and comply with BMP’s set forth by the Working Group for Phytophthoras in Native Habitats. D. Boulders proposed for use in the project shall be subject to advance field review by City’s Representative prior to purchase and prior to arranging any delivery. Provide minimum 5 working days advance notice of proposed boulder selection to allow for City review. 2.07 LOGS A. Logs shall have bark intact, and be minimum 8’ long and have a minimum diameter of 18-inches at the narrowest point unless otherwise accepted by the City’s Representative. Logs shall not have the rootwad unless otherwise accepted by the City’s Representative. B. Logs can be placed at selected locations as indicated on the Drawings or accepted in advance by the City’s Representative. Placement of a log in other locations without prior acceptance shall not be allowed. C. Logs shall be locally sources from the Stevens Creek watershed OR hardwood species OR Cypress. Logs shall not be sourced from an area with documented occurrences of Sudden Oak Death. As approved by the City’s Representative, redwood may be substituted for hardwood species, provided it meets all criteria listed herein. Sycamore and Cedar may be considered for a limited number of logs and must be approved by the City’s Representative in advance. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 90 00 – 6 Planting Work D. Logs shall not have weaknesses such as cracks, checking or splits through more than 25 percent of the log diameter. Logs shall be free of decay, rot, or insects and so certified in writing by a certified arborist acceptable to the City’s Representative. Logs shall not be species from any recognized invasive species list. 2.08 LOG WHEEL STOPS A. Logs for use as wheel stops shall have bark intact, with dimensions as set forth in the plans, unless otherwise accepted by the City’s Representative. Logs shall not have the rootwad unless otherwise accepted by the City’s Representative. B. Logs can be placed at selected locations as indicated on the Drawings or accepted in advance by the City’s Representative. Placement of a log in other locations without prior acceptance shall not be allowed. C. Logs shall be locally sources from the Stevens Creek watershed OR hardwood species OR Cypress. Logs shall not be sourced from an area with documented occurrences of Sudden Oak Death. As approved by the City’s Representative, redwood may be substituted for hardwood species, provided it meets all criteria listed herein. Sycamore and Cedar may be considered for a limited number of logs and must be approved by the City’s Representative in advance. D. Logs shall not have weaknesses such as cracks, checking or splits through more than 25 percent of the log diameter. Logs shall be free of decay, rot, or insects and so certified in writing by a certified arborist acceptable to the City’s Representative. Logs shall not be species from any recognized invasive species list. PART 3– EXECUTION 3.01 EXAMINATION A. Examine areas to receive upland plants for compliance with requirements and conditions affecting installation and performance. Proceed with installation only after unsatisfactory conditions have been corrected. 3.02 SITE PREPARATION A. All personnel on the job site shall be educated in / adhere to all published pathogen risk reduction BMP’s set forth by the Working Group for Phytophthoras in Native Habitats. B. Site clearance work shall be done prior to the installation of all new plants. The Landscape Contractor shall be responsible for the removal of all herbaceous weeds and grasses to the satisfaction of the Engineer. The Landscape Contractor shall protect all existing plant material to be preserved from damage and destruction during the above work procedure. C. Herbaceous vegetation including grasses and forbs shall be cut to a height no greater than 3 inches throughout the project site prior to planting. Native tree and shrub species that have colonized between plantings shall be protected. D. All existing trees indicated to remain shall be protected from all damage during the progress of the job. No debris or material shall be stockpiled around the base of the trees; no signs, lumber or wires shall be attached in any way to the trees. Tradesmen shall not dump debris or fluids within the drip line of any tree (plaster, paint, thinner, etc.). Vehicles shall not be permitted within the driplines of the trees; see complete tree protection requirements elsewhere. E. All soil preparation and planting work shall be done while soil is in a dry, friable condition. Contractor shall not work in soil areas wet enough to become overly compacted or muddy. Any work done while soil is too wet is subject to rejection. 3.03 LANDSCAPE BOULDER AND LOG PLACEMENT Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 90 00 – 7 Planting Work A. Boulders and logs shall be placed once all trenching and rough grading is complete, and restoration areas are ready for planting. B. Boulders and logs shall be located and imbedded as shown on the plans, under the guidance in the field of the City’s Representative. C. Logs for ADA Wheel Stops shall be installed per the plans as the final step once all other parking lot work has been completed. 3.04 PLANTING SCHEDULE A. The Contractor shall be responsible for maintaining high plant health and vigor including irrigation between deliveries and planting. Contractor shall handle and store all container plants in such a manner as to protect them from animals, weather (drought, flooding, wind), vandalism, toxic irrigation water, and any other conditions that may damage or reduce the viability of the planting materials 3.05 PLANT INSTALLATION A. No planting shall be done within any portion of the site until all operations in conjunction with demolition and the installation of the irrigation system have been completed within that location and the work approved by the Engineer or his representative. B. Contractor shall flag the planting locations by species and contact the City’s Representative to inspect the flagging prior to installation. Provide 5 working day notice for such review. Relative position of all plants is subject to approval by the City’s Representative and shall (if necessary) be relocated as directed as part of the contract. C. In the event that underground construction work or obstructions are encountered in the planting operation, alternate locations will be selected by the Engineer after notification of such obstacles by the Contractor. This operation will be done at no cost to the City. D. Irrigate containers, if necessary, to keep plant roots moist prior to planting. E. Dig planting holes as shown on the drawings. Scarify the sides and bottom of each hole. F. Immediately before planting, irrigate each planting hole with sufficient water to saturate the soil around the sides and bottom of hole. G. Do not expose the plant root ball to air except while placing the root ball in the ground. Do not cut containers until immediately prior to plant installation. Remove plants from containers in such a manner that the root ball is not broken and install immediately after removal from the container. Set plants in holes and backfill with topsoil such that the top of the root ball is 2-3 inches above the soils surface following settlement after initial irrigation. Lightly compact soil backfill to remove air spaces between roots and soil. Irrigate each plant immediately after planting with sufficient water to saturate the soil around and below the root ball. Re-water within 4 hours so as to saturate the entire rootball. 3.06 WATERING BASINS A. Construct earthen berms around each installed tree and shrub to create a irrigation basin (size shall be appropriate to plant material size) with a minimum berm height of 4 inches. Ensure that the earthen berms are sufficiently compacted to hold irrigation water 3.07 BARK MULCH A. Spread a 3-inch thick layer of bark mulch to cover the bottom of each irrigation basin. Cover the basin berms with a 1-inch thick mulch layer and weed control fabric. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 90 00 – 8 Planting Work 3.08 HYDROSEEDING A. General: 1. Areas to receive seeding treatments include all turfgrass areas as shown on the site plan, any area disturbed by construction activities, and other areas as determined by the owner. 2. Contractor shall be available to re-treat areas disturbed by ongoing activities. Cost of retreatment shall be the responsibility of the Contractor. B. Soil Preparation: 1. Verify that all areas of grassland are free of vegetation and other objectionable material, including invasive plants. 2. Verify that grades are final within standard specified. 3. All areas will be uniformly compacted and free of rocks over 3 inches in diameter. 4. Assuming that the results of a soil analysis has been integrated into soil preparation for horticultural suitability, no further soil amendments shall be required except as noted the contract documents. C. Seeded Areas: 1. Hydroseeding preparation: Do all slurry preparation at the job site: a. Water, mulch, fertilizer, binder and other ingredients shall be added to the tank simultaneously so that the finished load is a homogenous mix of the specified ingredients. b. Seed shall be added last and shall be discharged within 2 hours. Loads held over 4 hours will be recharged with ½ the seed rate before application. 2. Hydroseeding Application: Lbs/Ac Material 2,500 100% Wood Fiber (per section 2.05) 125 M-Binder Tackifier 1,200 Fertilizer (2.05 F – Fertilizer: Biosol 7-2-1) X Seed (See Sheet L-3.0 for mix and application rate) 60 AM 120 (2.05G) a. All hydroseed applications are to be applied in a sweeping motion to form a uniform application and form a mat at the specified rates. b. Unused Loads: If mixture remains in tank for more than 8 hours it shall be removed from the job site at the contractor’s expense. c. Reseeding: Any areas that do not germinate are the responsibility of the Contractor to re-seed at their own expense. After ‘Final Acceptance’, reseeding will be done at the request of the owner’s representative and shall be considered an extra. D. Establishment: 1. Seed establishment and germination is the responsibility of the Contractor; Contractor shall follow supplier establishment instructions. Temporary automated irrigation may be necessary, depending on weather during installation, and shall be provided at no additional cost to the Owner. 2. Reseeding: Any areas that do not germinate are the responsibility of the Contractor to re-seed at their own expense. After ‘Final Acceptance’, reseeding will be done at the request of the owner’s representative and shall be considered an extra. 3.10 CLEANUP AND PROTECTION A. Protect upland plants from damage due to landscape operations, operations by other contractors and trades, and others. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged up- land planting. B. Hydro-Seeding Overspray: Installing contractor is responsible for washing or otherwise cleaning excess material Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 90 00 – 9 Planting Work off all area not intended to receive treatment. C. Debris: Clean up and remove associated materials and debris from project site before Final Acceptance. 3.11 DISPOSAL A. Disposal: Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and debris, and legally dispose of them off City’s property. 3.12 FINAL INSPECTION AND ACCEPTANCE A. Inspection of Completed Work 1. Inspection of plant installation work will be made at the Contractor's request upon completion of work. Written notice requesting inspection shall be submitted to the Engineer at least 5 days prior to the anticipated inspection date. 3.13 MAINTENANCE A. Contractor shall maintain all plant materials in proper horticultural fashion after delivery to site and all planting areas immediately after planting until final acceptance. Maintain all project areas in a broom-clean, litter free, weed free condition from start of construction until final acceptance. Maintain all security and protective measures in a first-class condition at all times until final acceptance. B. A “pre-maintenance” observation will be made with the Project Inspector following Contractor’s notification to City’s Representative that all irrigation and planting work is complete. Give 48-hour notice minimum for “pre- maintenance” observation. At this time the Contractor shall submit first draft of record drawings, maintenance manuals, and other items as specified in Division 1 Section Project Close-out and Section 32 80 00 – Irrigation Work. Failure to turn over these items can result in the delay of the beginning of the maintenance period. Contractor is allowed two (2) inspections. One, to establish the “pre-maintenance punchlist”, and one to verify completion of “pre-maintenance punchlist”. Any additional walk-throughs or observations required to obtain approval for the beginning of the maintenance period will be back charged to the Contractor. The specified maintenance period will only be allowed to commence once all of the planting and irrigation work is done, irrigation is running from the controller, and all items on the “pre-maintenance punchlist” have been completed to the satisfaction of the City’s Representative and the Project Inspector. C. The Maintenance Period on this project is 90 calendar days. D. Maintain trees, shrubs and other plants by watering (including hand watering if automatic irrigation is non- functional), pruning, cultivating and weeding as required for healthy growth. Restore planting basins. Tighten and repair stake supports and reset trees and shrubs to proper grades or vertical position as required. Spray as required to keep trees and shrubs free of insects and disease. Maintain all areas in a weed free condition at all times. E. Maintain hydroseeded areas as needed to control invasive weeds. Broadleaf weeds in grassy slopes shall be controlled/killed before they reach 6 inches in height or before flowering. F. Weed control shall be done without use of herbicides. G. As applicable, Contractor is to provide ongoing gopher control and eradication by a licensed pest control operator. This work should begin as soon as site clearing begins with the goal of eradicating the problem prior to hydroseeding. Use any legal method with the exception of poison grain, nuts or bait. Contractor shall be responsible for repairing any damage as a result of gopher activity until final acceptance. 3.14 PLANTING GUARANTEE Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 90 00 – 10 Planting Work A. Contractor shall guarantee, in writing, all planting work and plant material for a period of one year after date of start of maintenance period, against material and workmanship defects including death and unsatisfactory growth, except for defects resulting from neglect by the City, abuse or damage by others, or unusual phenomena or incidents which are beyond Contractor’s control. Planting Guarantee shall be submitted with Irrigation Guarantee (if applicable) and other turn-over materials before final acceptance will be issued. B. An inspection will be conducted at end of 1-year guarantee period to determine acceptance or rejection of plant materials. Only one replacement (per tree, shrub or plant) will be required at end of guarantee period, except for losses or replacements due to failure of Contractor to comply with specified requirements. PART 4 – MEASUREMENT AND PAYMENT 4.01 MEASUREMENT A. The 15 Gallon Tree Work performed under Section 32 90 00 – Planting Work as defined in this section shall be measured on a per each basis. B. The 5 Gallon Shrub Work performed under Section 32 90 00 – Planting Work as defined in this section shall be measured on a per each basis. C. The 1 Gallon Shrub Work performed under Section 32 90 00 – Planting Work as defined in this section shall be measured on a per each basis. D. The Hydroseed Work performed under Section 32 90 00 – Planting Work as defined in this section shall be measured on a square foot basis. E. The Log Work performed under Section 32 90 00 – Planting Work as defined in this section shall be measured on a per each basis. F. The Log Wheel Stop Work performed under Section 32 90 00 – Planting Work as defined in this section shall be measured on a per each basis. G. The Mulch Work performed under Section 32 90 00 – Planting Work as defined in this section shall be measured on a lump sum basis. H. The Landscape Boulder Work performed under Section 32 90 00 – Planting Work as defined in this section shall be measured on a per ton basis. 4.02 PAYMENT A. The contract per each price paid for 15 Gallon Tree Work shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and 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. B. The contract per each price paid for 5 Gallon Shrub Work shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and 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. C. The contract per each price paid for 1 Gallon Shrub Work shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and 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. D. The contract square foot price paid for Hydroseed Work shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and 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. Project No 2017-05 McClellan Ranch West Parking Lot Improvement Project City of Cupertino 32 90 00 – 11 Planting Work E. The contract per each price paid for Log Work shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and 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. F. The contract per each price paid for Log Wheel Stop Work shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and 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. G. The contract lump sum price paid for Mulch Work shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and 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. H. The contract per ton price paid for Landscape Boulder Work shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and 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. END OF SECTION 32 90 00 PROJECT LOCATION REERENCE SYMBOLS 1. DESIGN INTENT: THESE DRAWINGS AND ACCOMPANYING TECHNICAL SPECIICATIONS REPRESENT THE GENERAL DESIGN INTENT TO BE IMPLEMENTED ON THE SITE. THE CONTRACTOR SHALL BE RESPONSIBLE OR CONTACTING THE CITY'S REPRESENTATIVE OR ANY ADDITIONAL CLARIICATION OR DETAILS NECESSARY TO ACCOMMODATE SITE CONDITIONS. 2. CONTRACTOR SHALL INORM THEMSELVES O, AND ULLY ADHERE TO THE ONING AND ORDINANCE REGULATIONS O THE CITY ANDOR COUNTY WHERE THE PROJECT IS LOCATED, THE RULES, REGULATIONS AND REQUIREMENTS O ALL GOVERNMENTAL AGENCIES HAVING JURISDICTION OVER THE WORK, AND ALL EDERAL AND STATE LAWS, CODES OR REGULATIONS REGARDING CONSTRUCTION ACTIVITY. 3. CONTRACTOR SHALL INVESTIGATE AND PROCURE, AT THEIR EPENSE, ANY AND ALL PERMITS THAT MAY BE REQUIRED ON PROJECT. PRIOR TO BIDDING, THE CONTRACTOR SHALL VISIT THE SITE AND AMILIARIE THEMSELVES WITH THE EISTING SITE CONDITIONS. 4. CONTRACTOR SHALL IMMEDIATELY NOTIY THE OWNERS REPRESENTATIVE I DISCREPANCY IS SUSPECTED BETWEEN THE SITE AND WHAT IS CONTAINED IN THE CONTRACT DOCUMENTS. NO ALLOWANCES WILL BE MADE TO THE CONTRACTOR DUE TO THEIR LACK O AMILIARITY WITH THE SITE CONDITIONS. CONTRACTOR SHALL CALL OUT "USA"-UNDERGROUND SERVICE ALERT 800-642-2444 AND HAVE USA THOROUGHLY MARK OUT ALL PUBLIC UTILITIES ON, OR ADJACENT TO THE SITE PRIOR TO ANY DEMOLITION OR ECAVATION WORK. CONTRACTOR SHALL RECORD OR MAINTAIN USA MARKINGS IN LEGIBLE AND ACCESSIBLE ORM OR DURATION O PROJECT. 5. CONTRACTOR SHALL AT ALL TIMES PROVIDE NOISE, DUST AND LITTER CONTROL ON THE PROJECT IN ACCORDANCE WITH GOVERNING AGENCIES OR DOCUMENTS LISTED ABOVE AND PER THE DISCRETION O THE OWNERS REPRESENTATIVE. 6. CONTRACTOR SHALL INSURE PROPER POSITIVE DRAINAGE TO EISTING DRAINAGE STRUCTURES AT ALL TIMES. I OPERATION O ANY EISTING DRAINAGE STRUCTURE OR UTILITY IS INTERRUPTED BY THE CONTRACTORS WORK, CONTRACTOR MUST HAVE ACCEPTABLE ALTERNATE METHODS IN PLACE PRIOR TO INTERRUPTION. THE OWNERS REPRESENTATIVE SHALL DETERMINE THE ACCEPTABILITY O SUCH ALTERNATE METHODS. . CONTRACTOR SHALL PROVIDE AND MAINTAIN EROSION CONTROL MEASURES IN CONORMANCE WITH STANDARD CONSTRUCTION PRACTICES AS REQUIRED TO PROTECT THE PROJECT ANDOR ADJACENT PROPERTIES ROM DAMAGES DUE TO NATURAL OR MAN-MADE EROSIVE ORCES. 8. CONTRACTOR IS RESPONSIBLE OR REPAIRING OR REPLACING DAMAGES OR DAMAGED AREAS TO AN AS-WAS OR BETTER CONDITION I IT CAN BE REASONABLY CONSTRUED THAT SUCH DAMAGES WERE DUE TO THE CONTRACTORS CONSTRUCTION ACTIVITY OR LACK O AMPLE PROTECTIVE MEASURES. REPAIRS SHALL BE MADE SUBJECT TO THE DISCRETION O THE OWNERS REPRESENTATIVE. 9. UPON COMPLETION O THE WORK, THE CONTRACTOR SHALL CERTIY THAT ALL WORK HAS BEEN INSTALLED IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. ALL VARIATIONS ROM THE DOCUMENTS MUST BE PRESENTED TO THE OWNERS REPRESENTATIVE ACCURATELY ANDOR GRAPHICALLY ON RECORD DRAWINGS PRIOR TO INAL ACCEPTANCE. REER TO SPECIICATIONS OR ADDITIONAL CLOSE-OUT INORMATION AND PROCEDURES. 10. CONTRACTOR SHALL DILIGENTLY PROTECT THE PROJECT SITE AND ALL CONSTRUCTION MATERIALS ROM VANDALISM OR DAMAGE UNTIL PROJECT INAL ACCEPTANCE. 11. CONTRACTOR SHALL PROVIDE DRINKING WATER AND PORTABLE REST ROOM ACILITIES OR WORKER USE DURING CONSTRUCTION AT CONTRACTORS EPENSE. 12. CONTRACTOR SHALL MAKE ALL ARRANGEMENTS AND PAY ALL EES TO ACQUIRE A METERED HOOKUP TO A CITY WATER SOURCE OR ANY CONSTRUCTION WATER. ALL COSTS OR SUCH WATER USE SHALL BE BORNE BY THE CONTRACTOR. ADDITIONALLY, CONTRACTOR SHALL PAY OR IRRIGATION WATER USED DURING CONSTRUCTION AND MAINTENANCE PERIODS. IT IS THE CONTRACTORS RESPONSIBILITY TO INCLUDE ANTICIPATED COSTS IN THE BID PRICE. McCLELLAN RANCH WESTPARKING IMPROVEMENTS BID SET PROJECT DESIGN TEAM: AND CMU CONCRETE MASONRY UNIT G INISH GRADE ELEVATION - SOTSCAPE NIC NOT IN CONTRACT SPECS SPECIICATIONS AT CSDG CEMENT STABILIED DECOMPOSED GRANITE L LOW LINE NOM NOMINAL SS SANITARY SEWER AC ASPHALT CTSK COUNTER SUNK LG LANGED NTS NOT TO SCALE SSMH SANITARY SEWER MANHOLE ACC ACCESSIBLE DEPT DEPARTMENT S INISH SURACE ELEVATION - HARDSCAPE OC ON CENTER STA STATION POINT ADJ ADJUSTABLE DDRINKING OUNTAIN TG OOTING OD OUTSIDE DIAMETER SWL STATIC WATER LEVEL A ABOVE INISH LOOR DG DECOMPOSED GRANITE GALV GALVANIED PA PLANT AREA TBR TO BE REMOVED ALT ALTERNATE DIA DIAMETER GB GRADE BREAK PC PLUMBING CONTRACTOR TC TOP O CURB AG AGGREGATE DIM DIMENSION HD HOT DIPPED POB POINT O BEGINNING TTG TOP O OOTING APPRO APPROIMATE DS DOWN SPOUT HDR HEADER POC POINT O CONNECTION THK THICK ARCH ARCHITECTURAL DWG DRAWING HOR HORIONTAL POT POINT O TANGENCY TP TOP O PAVING BC BOTTOM O CURB EA EACH HP HIGH POINT PNT POINT TS TOP O STEP BLDG BUILDING E EISTING INV INVERT ELEVATION PT PRESSURE TREATED TRANS TRANSORMER BOC BACK O CURB EC ELECTRICAL CONDUCTOR IRRIG IRRIGATION R RADIUS TW TOP O WALL BOW BACK O WALK EG EISTING GRADE JB JUNCTION BO RDWD REDWOOD TYP TYPICAL BW BASE O WALL EJ EPANSION JOINT LA LANDSCAPE ARCHITECT REBAR REINORCEMENT BAR UON UNLESS OTHERWISE NOTED CB CATCH BASIN ELEV ELEVATION L LINEAR EET REQ'D REQUIRED VERT VERTICAL CIP CAST IN PLACE EP EDGE O PAVING MA MAIMUM RIM RIM ELEVATION WWITH CJ CONTROL JOINT EQ EQUAL MB MACHINE BOLT RO ROUGH WC WATER CLOSET CL CENTERLINE EP EPOSED MC MECHANICAL CONTRACTOR RP RADIUS POINT WP WEAKEND PLANE JOINT CLR CLEAR OB ACE O BUILDING MG MANUACTURER SS STAINLESS STEEL WWM WELDED WIRE MESH CO CLEAN OUT OC ACE O CURB MIN MINIMUM SCH SCHEDULE CONC CONCRETE D LOOR DRAIN MTL METAL SIM SIMILAR CONT CONTINUOUS E INISH LOOR ELEVATION NNEW S SQUARE OOT SITE SECTION DATUM REERENCE REVISION REERENCE NORTH ARROW N o r t 1 SHEET MATCHCONTINUATION LINE LIMIT O WORK PROPERTY AND BOUNDARY LINES CENTER LINES BREAKLINE AREA MAP PROJECT MAP GENERAL NOTES GENERAL ABBREVIATIONS APPLICABLE CODES 22221 McCLELLAN RD, CUPERTINO, CA CONTACT: ALEX ACENAS, PROJECT MANAGER CITY OF CUPERTINO PUBLIC WORKS DEPARTMENT PHONE: (408) 777 - 3232 LANDSCAPE ARCHITECT HIDDEN LINE PROPOSED CONTOUR LINE EISTING CONTOUR LINE104 LIMIT O ADDITIVE ALTERNATE WORK 104DESCRIPTION REERENCE L-1.0 L-2.0 L-3.0 L-3.1 L-4.0 L-4.1 L-5.0 L-5.1 DEMOLITION PLAN SITE PLAN LANDSCAPE PLAN IRRIGATION PLAN CONSTRUCTION DETAILS CONSTRUCTION DETAILS LANDSCAPE DETAILS LANDSCAPE DETAILS SHEET INDE SECTION G - GENERAL COVER RE-01 COVER SHEET SHEET INDE CONSTRUCTION BEST MANAGEMENT PRACTICES 1 101 SECTION L - LANDSCAPE SSA LANDSCAPE ARCHITECTS, INC. CONTACT: SCOTT REEVES 303 POTRERO STREET, SUITE 40-C SANTA CRU, CA 95060 831459 - 0455 1.1 2016 CALIORNIA GREEN BUILDING STANDARDS CODE 2016 BUILDING STANDARDS ADMINISTRATIVE CODE, PART 1, TITLE 24 C.C.R. 2016 CALIORNIA BUILDING CODE CBC, PART 2, TITLE 24 C.C.R. 2016 CALIORNIA ELECTRICAL CODE CEC, PART 3, TITLE 24 C.C.R. 2016 CALIORNIA MECHANICAL CODE CMC, PART 4, TITLE 24 C.C.R. 2016 CALIORNIA PLUMBING CODE CPC, PART 5, TITLE 24 C.C.R. 2016 CALIORNIA IRE CODE CC, PART 9, TITLE 24, C.C.R. 2016 CALIORNIA REERENCED STANDARDS CODE, PART 12, TITLE 24, C.C.R. TITLE 19, C.C.R., PUBLIC SAETY, OICE O THE STATE IRE MARSHAL REGULATIONS 2016 NPA 2 - NATIONAL IRE ALARM CODE WITH CALIORNIA AMENDMENTS PROJECT LOCATION N o r t COVER COVERSHEET RM SR - CO V E R S H E E T Mc C L E L L A N R A N C H W E S T P A R K I N G I M P R O V E M E N T S CI T Y O F C U P E R T I N O 22 2 2 1 M c C L E L L A N R O A D C U P E R T I N O , C A SHEET AGENCY APPROVAL REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.2018 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS McCLE L L A N R D . SECTION C - CIVIL C-1 C-2 C-3 C-4 GRADING PLAN SECTION DETAILS EROSION CONTROL PLAN SECTION E - ELECTRICAL E1.0 E2.0 E2.0PH E3.0 E4.0 SYMBOLS, ABBREVIATIONS, LIGHT ITURE SCHEDULE, CODES STANDARDS, NOTES ELECTRICAL SITE PLAN PHOTOMETRIC PLAN ELECTRICAL SINGLE LINE DIAGRAM DETAILS CALIORNIA ENERGY COMPLIANCE TITLE 24 BUILDING ETERIOR CIVIL ENGINEER TOPOGRAPHIC SURVEYOR UNDERWOOD ROSENBLUM, INC. CONTACT: RANK ROSENBLUM 1630 OAKLAND ROAD, SUITE A114 SAN JOSE, CA 95131 408453-1222 ELECTRICAL ENGINEER AURUM CONSULTING ENGINEERS MONTEREY BAY, INC. CONTACT: MARTIN PERE 60 GARDEN COURT, SUITE 210 MONTEREY, CA 93940 831646-3330 PROJECT DESCRIPTION THIS PROJECT SHALL GENERALLY CONSIST O THE CONSTRUCTION O A NEW PERMEABLE PARKING LOT AT THE EISTING McCLELLAN RANCH WEST PROPERTY. THE SCOPE O WORK WILL INCLUDE THE OLLOWING: x SELECTIVE DEMOLITION x CLEARING AND GRUBBING x ROUGH GRADING x PERMEABLE PAVEMENTS x NATIVE RESTORATION PLANTING x LOW LOW IRRIGATION x SECURITY LIGHTING x ADA PARKING SIGNAGE AND MARKINGS x DRY-STACKED BOULDER WALLS NOT TO SCALE.NOT TO SCALE. LAND DISTURBANCE THIS PROJECT ESTIMATES THE OLLOWING APPROIMATE LAND DISTURBANCES: PERVIOUS PAVEMENT: 12,336 S 0.28 ACRE DECOMPOSED GRANITE: 848 S 0.02 ACRE PARKING LOT TURN-AROUND AREA: 1,860 S 0.04 ACRE TRUNCATED DOMES ON CONCRETE: 102 S 0.002 ACRE RESTORATION PLANTINGS: 1,165 S 0.39 ACRE PERMEABLE AGGREGATE DETENTION DAYLIGHT: 50 S 0.01 ACRE TOTAL: 32,818 S 0.5 ACRE McCLELLAN RANCH BID ALTERNATE SCHEDULE BID ALTERNATIVE SUMMARY: 1) BID ALTERNATE 01: LANDSCAPE ALL CONTAINER PLANTS TREES AND SHRUBS, ALL AUTOMATED LOW-LOW IRRIGATION COMPONENTS, ALL LANDSCAPE BOULDERS, AND ASSOCIATED MAINTENANCE PERIOD ARE TO BE BID AS AN ADDITIVE ALTERNATE. BASE BID SHALL INCLUDE ALL LOGS, HYDROSEEDING AND ASSOCIATED ESTABLISHMENT IRRIGATION AND MAINTENANCE PERIOD. REVIEWED BY: DATEMICHAEL IMMERMAN, CAPITAL IMPROVEMENT PROGRAM MANAGER APPROVED BY: DATETIMM BORDEN, DIRECTOR O PUBLIC WORKS BENCHMARK BASIS O BEARING BENCHMARK: CITY O CUPERTINO BENCHMARK BM-28, A SPIKE IN THE POWER POLE ONTHE EAST SIDE O MCCLELLAN ROAD AT THE INTERSECTION WITH MIRA VISTA AVENUE. SPIKE IS AT GROUND ELEVATION. ELEVATION = 385.8 EET NGVD29 DATUM BASIS O BEARINGS: THE RECORD BOUNDARY WAS BASED ON OUND STREET MONUMENTS AND PROPERTY CORNERS AS SHOWN ON THE PARCEL MAP DONE BY KIER WRIGHT CIVIL ENGINEERS SURVEYORS, INC. IN BOOK 611 O MAPS, PAGES 23-24 IN SANTA CLARA COUNTY RECORDS. 9-6-2018 9-6-2018 J SDMH SSMH J WV J W SSMH McCLELLAN ROAD WOOD BRIDGE BASE FLOOD ELEV.= 3 3 6 . 2 2 ' BASE FLOOD ELEV.=334.22'BASE FLOOD ELEV.=334.22' FLOOD ZONE X (SHADED) FLOOD ZONE X (SHADED) FLOOD ZONE AE FLOODWAY ZONE AE FLOODWAY ZONE AE FLOOD ZONE AE FLOOD ZONE X (SHADED) BASE FLOOD ELEV.= 3 4 0 . 2 2 ' BASE FLOOD ELEV. = 3 4 0 . 2 2 ' LAN D S O F S A N T A C L A R A VAL L E Y W A T E R D I S T R I C T LIM I T O F W O R K LIMI T O F W O R K LIMIT OF WORK Mc C L E L L A N R A N C H W E S T P A R K I N G I M P R O V E M E N T S CI T Y O F C U P E R T I N O 22 2 2 1 M c C L E L L A N R O A D C U P E R T I N O , C A SHEET AGENCY APPROVAL N o r t h 0 402010 REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.2018 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS L-1.0 DEMOLITIONPLAN RM RSR 1" = 20' - 0" DE M O L I T I O N P L A N TOP O F B A N K 01 END AT BRIDGE BEGIN 01 TREE PRESERVATION FENCING AT LIMIT OF GRADING ADJACENT TO CREEK. FENCE MAY BE TEMPORARILY MOVED TO COMPLETE RESTRATION PLANTINGS 1. CONTRACTOR SHALL VERIFY LOCATION AND DEPTH OF ALL EXISTING UTILITIES PRIOR TO ANY EXCAVATION OR DEMOLITION. 2. CONTRACTOR SHALL VERIFY LOCATION OF ALL EXISTING ABOVE-GROUND UTILITIES AND PROVIDE FOR THEIR TEMPORARY DISCONNECTION, PROTECTION, REMOVAL AND/OR STORAGE AS MAY BE REQUIRED DURING CONSTRUCTION. CONTRACTOR SHALL COORDINATE WITH THE OWNER TO DETERMINE WHETHER TEMPORARY SERVICES ARE NECESSARY. 3. CONTRACTOR SHALL TAKE CARE NOT TO DAMAGE IN ANY WAY, ANY EXISTING ELEMENTS NOT DESIGNATED FOR REMOVAL. SUCH DAMAGE IS THE RESPONSIBILITY OF THE CONTRACTOR, AND SHALL BE REPAIRED OR REPLACED TO AN "AS-WAS" OR BETTER CONDITION BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE OWNER. 4. ALL DIMENSIONS SHALL BE VERIFIED IN THE FIELD AND CHALKED, FLAGGED OR STRING-LINED PRIOR TO ANY CONSTRUCTION. IF ANY DISCREPANCIES OCCUR, NOTIFY OWNERS REPRESENTATIVE IMMEDIATELY BEFORE PROCEEDING. THE DEPTHS OF ITEMS TO BE REMOVED, UNLESS NOTED, SHALL BE DETERMINED BY THE CONTRACTOR BY VISITING THE SITE. 5. TREES: PROTECT TREES WITHIN THE PROJECT SITE WHICH ARE INDICATED TO BE LEFT IN PLACE AND WHICH MIGHT BE DAMAGED DURING DEMOLITION. ERECT FENCES AT THE OUTER PERIMETER OF BRANCHES OF INDIVIDUAL TREES OR FOLLOW THE OUTER PERIMETER OF BRANCHES OF CLUMPS OF TREES. RESTORE TREES SCARRED OR DAMAGED BY CONTRACTOR EQUIPMENT OR OPERATIONS TO THEIR ORIGINAL CONDITION OR REPLACE AS DETERMINED BY OWNER'S REPRESENTATIVE. OWNER'S REPRESENTATIVE WILL APPROVE RESTORATION PROCEDURES PRIOR TO INITIATION. 6. UTILITIES AND RELATED EQUIPMENT: REMOVE AND BACKFILL ALL EXISTING UTILITIES AS INDICATED AND AS UNCOVERED BY WORK, AND TERMINATE IN A MANNER CONFORMING TO CODE, AND AT A TIME SATISFACTORY TO THE OWNER'S REPRESENTATIVE. REMOVE METERS AND RELATED EQUIPMENT AND DELIVER TO A LOCATION AS INSTRUCTED BY THE OWNER'S REPRESENTATIVE WITHOUT ADDITIONAL COST TO THE OWNER. DISPOSE OF UTILITY LINES ENCOUNTERED THAT ARE NOT SHOWN ON THE DRAWINGS IN ACCORDANCE WITH INSTRUCTIONS OF OWNER'S REPRESENTATIVE. 7. AS APPLICABLE AND UNLESS OTHERWISE NOTED, "DEMOLISH & REMOVE" SHALL INCLUDE ALL FOOTINGS AND ATTACHED APPURTENANCES ABOVE OR BELOW GROUND. DEMOLITION NOTES SYMBOL DESCRIPTION TREE PRESERVATION FENCE (E) FENCE LINE (E) OVERHEAD LINE #DEMOLITION TAG LIMIT OF WORK BEGINNING OR END OF SITE ELEMENT (E) TREE CANOPY HARDSCAPE AREAS: CLEAR AND GRUB. PRESERVE AND PROTECT ALL (E) TREES AND UTILITIES U.N.O. REMOVE UNSUITABLE SOIL, INCLUDING CL II AGGREGATE BASE ROCK, TO BOTTOM OF PAVEMENT SUB-BASE SECTION. DEMOLISH (E) ASPHALT. (+/- 640 SF) (E) TREE TO BE REMOVED DEMOLITION LEGEND (E) LIGHT FIXTURE (E) POWER POLE (E) WATER METER NOTES: 1. TREE PRESERVATION MEASURES MUST BE IN PLACE BEFORE DEMOLITION, GRADING, OR CONSTRUCTION ACTIVITIES COMMENCE. 2. TREES TO BE PRESERVED SHALL BE FENCED AT THE DRIP LINE. FENCING MAY OCCUR AT THE COMBINED DRIP LINES OF GROVES OF TREES. 3. FENCING SHALL BE EITHER HOG WIRE OR SNOW FENCE WITH LODGE POLE PINE STAKES EMBEDDED IN THE GROUND. 4. NO GRADING SHALL OCCUR WITHIN THE DRIP LINES/FENCED AREA OF EXISTING TREES. 5. NO CONSTRUCTION MATERIALS OR CONSTRUCTION VEHICLES MAY BE STORED WITHIN THE DRIP LINES/FENCED AREA OF EXISTING TREES. 6. REFER TO SPECIFICATIONS FOR ADDITIONAL TREE PROTECTION NOTES. 4' 2' PLAN VIEW TREE TRUNK TREE DRIP LINE FENCE 2" DIA.X 6'-6" LODGE POLE PINE STAKES TREE DRIP LINE OR EDGE OF PROPOSED PAVING SNOW FENCE OR 2X4 HOG WIRE 2" DIA.X 6'-6" LODGE POLE PINE STAKES N.T.S. 6" TREE PRESERVATION 1/4" = 1'-0"SCALE: FENCE LAYOUT PER PLAN A DEMOLITION 01 REMOVE (E) CHAIN LINK FENCE (+/-410 LF) DEMOLITION SCHEDULE W J NO. SPECIES MITIGATION RATIO REQ'D 01.PINE 1 : 1 02.PINE 1 : 1 03.PINE 1 : 1 04.FAN PALM 1 : 1 TOTAL REMOVED: 04 TOTAL REPLACED: 18 - SEE LANDSCAPE PLAN TREE REMOVAL SUMMARY PRESERVATION & PROTECTION (E) TREES AND TREE DRIP LINE AREA PER DETAIL A/L-1.001 (E) BURIED UTILITY TO REMAIN REMOVE (E) TREE / TYP OF (4) REMOVE (E) GATE(E) DRIVEWAY, SIDEWALK, CURB RAMP TO REMAIN (E) POWER POLE TO REMAIN (E) SIGNS TO REMAIN (E) RETAINING WALL TO REMAIN (E) IRRIGATION METER TO REMAIN 02 03 04 05 06 07 02 02 03 02 03 03 04 04 04 07 05 01 PRESERVATION TAG SYMBOL DESCRIPTION DEMOLISH AND REMOVE SEE CORRESPONDING TAG LIMIT OF GRADING, SEE CIVIL PLANS (E) TREE TO REMAIN TOP OF BANK 01 05 REMOVE (E) SIGNS; RE-INSTALL PER OWNER'S REPRESENTATIVE ON NEW SPLIT RAIL FENCE TYP. OF (4) LIMIT OF GRADING PER CIVIL PLANS TOP O F B A N K TOP O F B A N K TO P O F B A N K 03 02 01 04 RESTORATION PLANTING AREAS: LIMITED CLEARING OF VEGETATION TO IMPLEMENT PLANTING PLAN. PRESERVE AND PROTECT ALL (E) TREES AND UTILITIES U.N.O. REMOVE UNSUITABLE SOIL, INCLUDING CL II AGGREGATE BASE ROCK, TO FULL DEPTH AT EACH PLANT LOCATION. NO STOCKPILING ALLOWED IN THIS AREA. 06 J SSMH J WV J W SSMH McCLELLAN ROAD WOO BASE FLOOD ELEV.= 3 3 6 . 2 2 ' BASE FLOOD ELEV.=334.22'BASE FLOOD ELEV.=334.22' FLOOD ZONE X (SHADED) FLOOD ZONE X (SHADED) FLOOD ZONE AE FLOODWAY ZONE AE FLOODWAY ZONE AE FLOOD ZONE AE FLOOD ZONE X (SHADED) BASE FLOOD ELEV.= 3 4 0 . 2 2 ' BASE FLOOD ELEV. = 3 4 0 . 2 2 ' LAN D S O F S A N T A C L A R A VAL L E Y W A T E R D I S T R I C T X1 X1 X1 X2 X2 LIM I T O F W O R K LIMI T O F W O R K LIMIT OF WORK M LM M L L L L L S M M M M S S S S M M M LLL L M L ML M M L MS M M SS L S LLLLLLLLL M M S M LL L L LLL L LL L L L L L L LL L L LL L L L L L L LL LL L L L L L L L L L L SM S M L MS L M M M M M M M M S S S S S S S S S S S S SM M M M M MS L L L L L LM M S M M S S S L MS L S L NO PARKING 24' TY P . 66'- 1 0 " 33' 6' 24' T Y P . 24 ' T Y P . 5' T Y P . Mc C L E L L A N R A N C H W E S T P A R K I N G I M P R O V E M E N T S CI T Y O F C U P E R T I N O 22 2 2 1 M c C L E L L A N R O A D C U P E R T I N O , C A SHEET AGENCY APPROVAL N o r t h 0 402010 REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.2018 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS L-2.0 SITE PLAN RM RSR 1" = 20' - 0" SI T E P L A N SITE NOTES ID TYPE PARKING STALL SCHEDULE SIZE C COMPACT REGULAR 16' 8' 18' 9' PARKING QUANTITY SUMMARY ADA 18' 9' 1. ACCESS ROUTES AND STAGING AREAS ARE TO BE STRICTLY ADHERED TO. 2. UPON COMPLETION ACCESS AND STAGING ROADS MUST BE REPAIRED TO "AS WAS" OR BETTER THAN EXISTING CONDITIONS 3. CONSTRUCTION SIGNAGE MUST BE POSTED AT EACH JOB SITE IN CLEAR VIEW. POST A "KEEP OUT - CONSTRUCTION AREA" SIGN (PROVIDED BY THE CONTRACTOR.) 4. EXISTING ASPHALT DRIVEWAY TO BE REMOVED. TYP. PER DEMOLITION PLAN. 5. LOW-LEVEL LIGHTING WITH PHOTOCELL CONTROL PER ELECTRICAL PLANS. 6. BOULDER / LOG PLACEMENT SHALL APPEAR NATURALLY RANDOM. FINAL LAYOUT SHALL BE DIRECTED BY THE OWNER'S REPRESENTATIVE. 8' (L) LARGE: 2 TON 70 (M) MEDIUM: 1 TON 41 (S) SMALL: 1/2 TON 33 PROPOSED PARKING: 02 ADA 10 COMPACT 15 REGULAR TOTAL PARKING: 27 SPACES C C C C C C R R R R R R R R R R R R R R R R C 5.02 TYP. 5.01 17 18 27 01 PARKING QTY COUNT, TYP. BOLLARD LIGHT PER ELECTRIAL PLANS, TYP. L M S C Mc C L E L L A N R A N C H W E S T P A R K I N G I M P R O V E M E N T S CI T Y O F C U P E R T I N O 22 2 2 1 M c C L E L L A N R O A D C U P E R T I N O , C A SHEET AGENCY APPROVAL N o r t h 0 402010 REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.2018 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS IRRIGATION P.O.C. 5.03 2.02 2.01 ELECTRICAL P.O.C. 1.01 1.02 1.03 SITE LEGEND / SCHEDULE 1.0 SITE 1.04 2.0 SURFACES 2.01 2.02 2.04 NOT USED ELECTRICAL AND IRRIGATION P.O.C. (E) TREE TO REMAIN. PROTECT IN PLACE PER TREE PROTECTION SPECIFICATIONS RESTORATION PLANTING' HYDROSEEDING AND SEEDLING PLANTING PER PLANTING PLAN. SEE DETAILS & SPECS. 'ADA PARKING STRIPING' SEE CIVIL ENGINEERING PLANS. 'PERVIOUS CONCRETE PAVING' TO BE SOLOMON COLOFLO #757 BUCKWHEAT COLOR; FINISH TO MATCH STEVENS CREEK TRAIL. SEE CIVIL PLANS AND SPECIFICATIONS. DETAIL 3.0 SITE FURNISHINGS 3.01 4.0 FENCING 4.01 'VEHICULAR ACCESS GATE' S4S CON HRT RDWD, PAINT: SATIN WHITE. 4.02 DETAIL 3.02 'LOGS' PER SPECIFICATIONS. 2.05 3.03 'ADA PARKING SIGN' SEE CIVIL PLANS, DETAILS & SPECS. 5.0 LANDSCAPE 5.01 'LANDSCAPE BOULDER' INSTALL PER DETAILS AND SPECIFICATIONS. 5.02 'TREE' PER PLANTING PLAN 'DECOMPOSED GRANITE W/ HEADERBOARD' TO BE COLOR 'NATURAL', STABILIZED GRANITECRETE U.N.O. HEADER TO BE REDWOOD. SUBMIT SAMPLE PER THE SPECIFICATIONS. 2.03 4.01 'LOG WHEEL STOP' PER DETAILS AND SPECIFICATIONS 4.03 'CHAIN BARRIER ON WOOD POST' S4S CON HRT RDWD, STAIN PER SPECIFICATIONS. 4.04 'GRAPE STAKE FENCE' ROUGH HEWN RDWD POSTS, GRAPE STAKE SLATS. FINISH NATURAL AND UNTREATED. B L-4.1 D L-4.1 C L-4.0 5.03 'PLANTING AREA' PER PLANTING PLAN & SPECIFICATIONS. 5.04 4.02 3.03 2.06 'TRUNCATED DOME' ADA SOLUTIONS, INC. CAST IN PLACE REPLACEABLE TILES; DARK GRAY 36081. INSTALL OVER 5" PCC SLAB OVER 6" CL II AB. 1.03 1.01 PER CIVIL A L-4.1 E L-4.0 PER CIVIL PER MFG SEE CIVIL 1.03 1.04 (E) CURB, SIDEWALK AND DRIVEWAY TO REMAIN SIM. OF (2) 'BOULDER RETAINING WALL' DRY STACKED, SEE DETAILS FOR LAYOUT, SEE SPECIFICATIONS FOR MATERIAL TYPE. D L-4.0 5.04 SEE L-3.0 L LLL L SYMBOL QTY 25 17 03 01 01 SYMBOL QTY A L-1.0 W 12,336 SF 17,114 SF 847 SF 102 SF 2.052.06 155 LF 'SPLIT RAIL FENCE' S4S CON HRT RDWD, PAINT: SATIN WHITE. 18 B L-5.1 C 4.04 1,316 SF C 3.02 3.01 2.03 TYP. 'MULCH BAND' TO BE REDWOOD MULCH TO 3" DEPTH. END BEGIN 5.04 5.04 3.03 2.07 'PARKING LOT PERMEABLE BASE WITH HEADERBOARD' SEE CIVIL ENGINEERING PLANS.PER CIVIL1,860 SF 28 LF 2.08 'CONCRETE CURB' TO BE SOLOMON COLOFLO #757 BUCKWHEAT COLOR; FINISH TO BE MEDIUM BROOM PERP. TO PATH OF TRAVEL. SEE CIVIL PLANS AND SPECIFICATIONS. PER CIVIL402 LF END2.08 BEGIN 2.08 2.08 2.08BEGIN 2.07 OVERHEAD LIGHT, TYP. TYP. C L-4.1 J MOUNT TO FENCE POST 3.04 'ADA WHEELSTOP' 6', PRE-CAST CONCRETE, INTEGRAL COLOR TO MATCH SOLOMON COLOFLO #757 BUCKWHEAT. FINISH PER MFG. SEE CIVIL02 JOINT, TYP. JOINT, TYP. 3.04 TYP. OF (2) 2.04 TOP O F B A N K TOP O F B A N K TOP O F B A N K TYP. LIMIT OF GRADING TYP. EACH SIDE 4.03 A L-4.0 SEE L-3.0 PER SPECS 2.02 TYP. 17,114 SF J SSMH J WV J W SSMH McCLELLAN ROAD BASE FLOOD ELEV.= 3 3 6 . 2 2 ' BASE FLOOD ELEV.=334.22'BASE FLOOD ELEV.=334.22' FLOOD ZONE X (SHADED) FLOOD ZONE X (SHADED) FLOOD ZONE AE FLOODWAY ZONE AE FLOODWAY ZONE AE FLOOD ZONE AE FLOOD ZONE X (SHADED) BASE FLOOD ELEV.= 3 4 0 . 2 2 ' BASE FLOOD ELEV. = 3 4 0 . 2 2 ' LAN D S O F S A N T A C L A R A VAL L E Y W A T E R D I S T R I C T X1 X1 X1 X2 X2 LIM I T O F W O R K LIMI T O F W O R K LIMIT OF WORK M LM M L L L L L S M M M M S S S S M M M LLL L M L ML M M L MS M M SS L S LLLLLLLLL M M S M LL L L LLL L LL L L L L L L LL L L LL L L L L L L LL LL L L L L L L L L L L SM S M L MS L M M M M M M M M S S S S S S S S S S S S SM M M M M MS L L L L L LM M S M M S S S L MS L S L QL 1 QK 1 QA 1 QL 1 1 QK 1 QL 1 QA AM 1 1 QL AZ 1 2 AM AM 1 1 AM 1 AM QK 3 TREES CODE BOTANICAL NAME / COMMON NAME CONT QTY WUCOLS AM ACER MACROPHYLLUM / BIG LEAF MAPLE 15 GAL 6 M AZ ARBUTUS MENZIESII / PACIFIC MADRONE 15 GAL 1 L QA QUERCUS AGRIFOLIA / COAST LIVE OAK 15 GAL 2 VL QK QUERCUS KELLOGGII / CALIFORNIA BLACK OAK 15 GAL 5 L QL QUERCUS LOBATA / VALLEY OAK 15 GAL 4 L SHRUBS CODE BOTANICAL NAME / COMMON NAME SIZE QTY WUCOLS CT CEANOTHUS THYRSIFLORUS / BLUE BLOSSOM 5 GAL 10 L FC FRANGULA CALIFORNICA / COFFEEBERRY 5 GAL 17 L HA HETEROMELES ARBUTIFOLIA / TOYON 5 GAL 3 L II IRIS DOUGLASIANA / DOUGLAS IRIS 1 GAL 80 L JP JUNCUS PATENS / CALIFORNIA GRAY RUSH 1 GAL 28 L LW LEYMUS TRITICOIDES / WILD RYE 1 GAL 65 L OC OEMLERIA CERASIFORMIS / INDIAN PLUM 5 GAL 10 M RS RIBES SANGUINEUM / RED FLOWERING CURRANT 5 GAL 10 L RS2 RIBES SPECIOSUM / FUCHSIA FLOWERING GOOSEBERRY 5 GAL 13 L SM SAMBUCUS MEXICANA / MEXICAN ELDERBERRY 5 GAL 6 L SA SYMPHORICARPOS ALBUS / COMMON WHITE SNOWBERRY 5 GAL 48 L ZU ZAUSCHNERIA CALIFORNICA `UVAS CANYON` / 1 GAL 5 L SAN JOSE CALIFORNIA FUCHSIA PLANTING SCHEDULE MEADOW PALETTE: HYDROSEED CYPERUS ERAGROSTIS / UMBRELLA PLANT .5 ELYMUS GLAUCUS / BLUE WILDRYE 8 ELYMUS TRACHYCAULUS / SLENDER WHEATGRASS 6 FESTUCA MICROSTACHYS / 6 WEEKS FESCUE 8 17,114 SF FESTUCA RUBRA / MOLATE FESCUE 4.5 HORDEUM BRACHYANTHERUM / MEADOW BARLEY 12 LEYMUS TRITICOIDES / YOLO CREEPING WILDRYE 5 SYMBOL BOTANICAL NAME / COMMON NAME RATE - LBS/AC QTY Mc C L E L L A N R A N C H W E S T P A R K I N G I M P R O V E M E N T S CI T Y O F C U P E R T I N O 22 2 2 1 M c C L E L L A N R O A D C U P E R T I N O , C A SHEET AGENCY APPROVAL N o r t h 0 402010 REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.2018 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS L-3.0 LANDSCAPEPLAN RM RSR 1" = 20' - 0" LA N D S C A P E P L A N Mc C L E L L A N R A N C H W E S T P A R K I N G I M P R O V E M E N T S CI T Y O F C U P E R T I N O 22 2 2 1 M c C L E L L A N R O A D C U P E R T I N O , C A SHEET AGENCY APPROVAL N o r t h 0 402010 REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.2018 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS IRRIGATION P.O.C HYDROSEED HYDROSEED MUL C H 1. REFER TO PLANTING DETAILS FOR ADDITIONAL INFORMATION. 2. REFER TO SPECIFICATIONS FOR MATERIAL AND WORKMANSHIP REQUIREMENTS, SOIL AMENDMENTS, INSPECTION SCHEDULES, GENERAL CONDITIONS AND OTHER REQUIREMENTS. 3. THE CONTRACTOR SHALL VERIFY EXISTING CONDITIONS AT THE SITE PRIOR TO THE START OF ANY WORK. REPORT ANY DISCREPANCIES TO THE LANDSCAPE ARCHITECT IMMEDIATELY. 4. PLANT QUANTITIES, IF SHOWN IN LEGEND, ARE FOR AID IN BIDDING ONLY. CONTRACTOR SHALL VERIFY QUANTITIES. 5. CONTRACTOR SHALL BE HELD RESPONSIBLE TO PROTECT AND MAINTAIN ALL PLANT MATERIAL FROM TIME OF DELIVERY TO TIME OF FINAL ACCEPTANCE. CITY IS NOT RESPONSIBLE FOR LOSSES. 6. CONTRACTOR SHALL REPLACE ANY MATERIAL AS DIRECTED BY CITY STAFF. 7. CONTRACTOR SHALL ONLY SET OUT AS MUCH PLANT MATERIAL AS CAN BE COMPLETELY INSTALLED IN ONE DAY. CONTRACTOR SHALL COMPLETE ALL PHASES OF PLANTING FOR EACH PLANT AT THE END OF EACH DAY. NO PLANT SHALL BE LEFT PARTIALLY PLANTED OR WITHOUT WATER OVERNIGHT. 8. PLANT MATERIAL SHALL NOT BE INSTALLED IN AN AREA WHICH WILL CAUSE HARM TO ADJACENT IMPROVEMENTS. 9. ALL SEEDING RATES ARE EXPRESSED IN POUNDS OF PURE LIVE SEED (PLS)/ACRE. 10. IT IS INTENT OF THIS PLAN FOR THE CONTRACTOR OR CITY'S REPRESENTATIVE TO MAKE SMALL ADJUSTMENTS TO PLANT LOCATIONS DURING THE LAYOUT PROCESS TO ADDRESS MICRO-CLIMATE CONSIDERATIONS SUCH AS SOLAR EXPOSURE, SLOPE, AND WIND. NATURAL (IRREGULAR) SPACING IS ENCOURAGED. DO NOT PLANT IN CONTINUOUS ROWS. CONTRACTOR WILL NEED TO: A. MARK INTENDED AND ADJUSTED PLANTING LOCATIONS IN THE FIELD; B. SECURE FIELD REVIEW OF PLANTING LAYOUT BY CITY REPRESENTATIVE PRIOR TO PLANTING, AND; C. MAKE FIELD ADJUSTMENTS AS DIRECTED. 11. CONTRACTOR IS RESPONSIBLE FOR COORDINATION WITH SUPPLIER FOR DELIVERY AND STAGING. 12. HYDROSEED MATERIALS PROVIDED BY CONTRACTOR. 13. CONTRACTOR AND ALL SUPPLIERS ARE RESPONSIBLE TO ENSURE A PATHOGEN-FREE PROJECT. CONTRACTOR AND ALL SUPPLIERS SHALL CONFORM TO ALL PUBLISHED BEST MANAGEMENT PRACTICES OF THE CALIFORNIA OAK MORTALITY TASK FORCE AND THE NATIVE HABITATS WORK GROUP. ANY MATERIAL ENTERING THE PROJECT SITE MUST BE PATHOGEN FREE. PLANTING NOTES TOP O F B A N K TOP O F B A N K TOP O F B A N K MUL C H MUL C H J SSMH J WV J W SSMH McCLELLAN ROAD WOOD BRIDGE LAN D S O F S A N T A C L A R A VAL L E Y W A T E R D I S T R I C T X1 X1 X1 X2 X2 LIM I T O F W O R K LIMI T O F W O R K LIMIT OF WORK M LM M L L L L L S M M M M S S S S M M M LLL L M L ML M M L MS M M SS L S LLLLLLLL L M M S M LL L L LLL L LL L L L L L L LL L L LL L L L L L L LL LL L L L L L L L L L L SM S M L MS L M M M M M M M M S S S S S S S S S S S S SM M M M M MS L L L L L L M M S M M S S S L MS L S L 1 4.51" 2 2.51" 3 7.41" 4 3.81" 5 4.51" V2 V1 V3 V4 V5 Mc C L E L L A N R A N C H W E S T P A R K I N G I M P R O V E M E N T S CI T Y O F C U P E R T I N O 22 2 2 1 M c C L E L L A N R O A D C U P E R T I N O , C A SHEET AGENCY APPROVAL N o r t h 0 402010 REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.2018 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS L-3.1 IRRIGATIONPLAN CH RSR 1" = 20' - 0" IR R I G A T I O N P L A N IRRIGATION NOTES DRIP NOTES 1. THIS SYSTEM IS DESIGNED TO OPERATE AT A MAXIMUM FLOW OF 30 GALLONS PER MINUTE (G.P.M.) AND A MIN. OF 65 P.S.I. STATIC AT THE POINT OF CONNECTION. THE CONTRACTOR SHALL VERIFY PRESSURE PRIOR TO BEGINNING WORK AND CONTACT THE OWNER'S REPRESENTATIVE IMMEDIATELY SHOULD DISCREPANCY ARISE WHILE RE-DIRECTING APPLICABLE WORK TO AVOID DELAY. 2. CONTRACTOR SHALL COORDINATE ALL ELECTRICAL SUPPLY, TELEPHONE CONNECTION, GROUNDING, SLEEVING AND STUBOUT WORK REQUIRED FOR SYSTEM WITH THE GENERAL CONTRACTOR AND/OR OWNERS REPRESENTATIVE AS APPLICABLE. CONTRACTOR RESPONSIBLE TO SUPPLY ALL SLEEVING NECESSARY TO ACCESS INDIVIDUAL PLANTER BEDS. NOT ALL REQUIRED SLEEVING MAY BE SHOWN ON PLAN. 3. IRRIGATION SYSTEM DESIGN SHOWN MAY BE PARTIALLY DIAGRAMMATIC. WHERE EQUIPMENT IS SHOWN OUTSIDE PLANTING AREAS OR LIMIT OF WORK, INTENT IS FOR EQUIPMENT TO BE INSTALLED IN PLANTING AREAS. CONTRACTOR SHALL INDICATE PRECISE LOCATIONS OF ALL WORK INSTALLED DIFFERENTLY THAN AS SHOWN IN THE CONTRACT DOCUMENTS ON THE RECORD DRAWINGS. REFER TO SPECIFICATIONS FOR ADDITIONAL INFORMATION. 4. THE CONTRACTOR SHALL MAKE MINOR ADJUSTMENTS TO IRRIGATION SYSTEM IN FIELD AS NECESSARY. VALVES SHALL BE ADJUSTED TO PROVIDE SPECIFIED PRESSURE AT THE HEAD. 5. THE CONTRACTOR SHALL PROGRAM CONTROLLER TO INSURE PROPER IRRIGATION BASED ON PLANT TYPE, EXPOSURE AND SEASON. CONTRACTOR SHALL NOT START PLANTING UNTIL IRRIGATION SYSTEM IS FULLY OPERATIONAL FROM THE CONTROLLER AUTOMATICALLY. CONTRACTOR SHALL HAND-WATER AS MAY BE NECESSARY DURING PERIODS OF CONTROLLER SHUT-DOWN. THE INTENT OF THIS IRRIGATION SYSTEM IS TO PROVIDE THE MINIMUM AMOUNT OF WATER REQUIRED TO SUSTAIN GOOD PLANT HEALTH. IT IS THE RESPONSIBILITY OF THE MAINTENANCE CONTRACTOR AND/OR THE OWNER TO MAKE ADJUSTMENTS TO THE CONTROLLER PROGRAM FOR SEASONAL WEATHER CHANGES AND MICROCLIMATIC VARIATIONS. 6. CONTRACTOR SHALL USE EXTREME CARE WHERE IT IS NECESSARY TO TRENCH NEAR EXISTING TREES. EXCAVATION IN AREAS EXHIBITING ROOTS 3" AND LARGER SHALL BE DONE BY HAND. ROOTS 2"-3" SHALL BE CLEANLY CUT. ROOTS EXPOSED DURING INSTALLATION SHALL BE COVERED WITH WET BURLAP UNTIL RE-BURIAL. CONTRACTOR SHALL REFER TO DETAILS, SPECIFICATIONS, ADDENDA AND OTHER CONTRACT DOCUMENTS FOR ADDITIONAL INFORMATION REGARDING REQUIRED INSPECTIONS, CLOSE-OUT PROCEDURES ETC. 7. REFER TO IRRIGATION DETAIL SHEETS FOR MORE INFO. 8. CONTRACTOR TO FIELD VERIFY FUNCTION OF ALL EXISTING VALVES, MAINLINE AND OTHER COMPONENTS EFFECTED BY CONTRACT WORK. THE EXISTING IRRIGATION SYSTEM OUTSIDE OF LIMIT OF WORK BUT EFFECTED BY CONTRACT WORK SHALL REMAIN FULLY FUNCTIONAL DURING AND AT COMPLETION OF CONSTRUCTION. NOTIFY OWNER OF ANY EXISTING EQUIPMENT THAT IS NON-FUNCTIONING AND REQUIRES REPLACEMENT PRIOR TO CONSTRUCTION. 9. CONTRACTOR TO PRESERVE AND PROTECT EXISTING PLANT MATERIAL TO REMAIN. PLANT MATERIAL DAMAGED DURING CONSTRUCTION OPERATION SHALL BE REPLACED AT NO ADDITONAL COST TO THE OWNER. 1. 1/2" DRIP TUBING TO RUN TO INDIVIDUAL PLANTS, NO 1/4" TUBING TO BE USED. 2. INSTALL DRIP TUBING SO THAT TOP OF TUBING IS FLUSH WITH FINISH GRADE AND COVER WITH MULCH. V2 V1 V3 LANDSCAPE AREA (SF)ETWUPLANT FACTOR IRRIGATION EFFICIENCY (IE) ETAF (PF/IE) IRRIGATION METHOD ETAF X LANDSCAPE AREA .3 .81 .37DRIP 4,246 .3 .81 .37DRIP 8,314 .3 .81 .37DRIP 4,828 V5 .5 .81 .62BUBBLER 124200 44,129 86,405 50,169 3,483 TOTALS (A) 17,813 (Y) 188,119 HYDROZONE 1,786 3,076 1,571 .5 .81 .62BUBBLER 225 3,933140 MAWA = 225,167 GAL/YEAR ETWU = 188,119 GAL/YEAR MAWA = (ETo) (0.62) [(0.45 X 17,813) + (1-.45 X 0)] = (45.3) (0.62) [8,015.9 + 0] = (28.09)(8,015.9) = 225,167 ETWU = (ETo)(0.62)(ETAF)(AREA) = 188,119 WATER USE CALCULATION IRRIGATION SCHEDULE TO (E) IRRIGATION METER x FIELD VERIFY SIZE AND LOCATION x PROVIDE 1-1/2" RP, IMMEDIATELY DOWNSTREAM OF POC x CONTRACTOR IS RESPONSIBLE FOR ANY FIELD ADJUSTMENTS NECESSARY TO ACHIEVE A FULLY OPERATIONAL IRRIGATION SYSTEM, TYP. POINT OF CONNECTION V4 (B) 6,697 _______ (ETAF) < (0.55 FOR RESIDENTIAL) _______ (ETAF) < (0.45 FOR NON-RESIDENTIAL) ETAF CALCULATIONS .38 AVERAGE ETAF FOR REGULAR LANDSCAPES = (B) ÷ (A) 6,765 ÷ 17,604 = .38 SYMBOL MANUFACTURER/MODEL/DESCRIPTION QTY PSI DETAIL RAIN BIRD 1402 FLOOD BUBBLER 18 40 FIXED FLOW RATE (.5 GPM), FULL CIRCLE, 1/2" FIPT SYMBOL MANUFACTURER/MODEL/DESCRIPTION QTY DETAIL RAIN BIRD XCZ-100-PRB-COM 3 WIDE FLOW DRIP CONTROL KIT FOR COMMERCIAL APPLICATIONS. 1" BALL VALVE WITH 1" PESB VALVE AND 1" PRESSURE REGULATING 40PSI QUICK-CHECK BASKET FILTER. 0.3GPM TO 20GPM. DC LATCHING SOLENOID AREA TO RECEIVE DRIP EMITTERS RAIN BIRD XB-PC 17,165 SINGLE OUTLET, PRESSURE COMPENSATING DRIP EMITTERS. FLOW RATES OF 0.5GPH=BLUE, 1.0GPH=BLACK, AND 2.0GPH=RED. COMES WITH A SELF-PIERCING BARB INLET X BARB OUTLET. Emitter Notes: 2.0 GPH emitters (2 assigned to each 15 gal plant) 2.0 GPH emitters (2 assigned to each 5 gal plant) 1.0 GPH emitters (2 assigned to each 1 gal plant) SYMBOL MANUFACTURER/MODEL/DESCRIPTION QTY DETAIL RAIN BIRD PEB 2 1", 1-1/2", 2" PLASTIC INDUSTRIAL VALVES. LOW FLOW OPERATING CAPABILITY, GLOBE CONFIGURATION. DC LATCHING SOLENOID RAIN BIRD 44-LRC 7 1" BRASS QUICK-COUPLING VALVE, LOCKING THERMOPLASTIC RUBBER COVER, AND 2-PIECE BODY. WILKINS 975XL2 - 1-1/2" 1 REDUCED PRESSURE BACKFLOW PREVENTER HUNTER NODE-400 2 4-STATION CONTROLLER, OUTDOOR, BATTERY POWERED. POINT OF CONNECTION 1-1/2" 1 EXISTING 1-1/2" WATER METER WIRE BUNDLE (AS INDICATED FOR FUTURE USE) 1 SPARE CONTROL WIRE BUNDLE FOR FUTURE USE IN JUNCTION BOX. P=PILOT WIRES, C=COMMON WIRES BUNDLED. COIL WIRES IN VALVE BOX, AND RUN CONTINUOUS WIRE BACK TO CONTROLLER. LABEL EACH WIRE WITH A PLASTIC I.D. TAG AT THE WIRE BUNDLE AND AT THE CONTROLLER. IRRIGATION LATERAL LINE: PVC SCHEDULE 40 - IRRIGATION MAINLINE: PVC CLASS 315 SDR 13.5 - PIPE SLEEVE: PVC CLASS 315 SDR 13.5 - 1402 VALVE NUMBER VALVE FLOW VALVE SIZE VALVE CALLOUT # ##" I L-5.0 E L-5.0 A L-5.1 F L-5.0 H L-5.0 B L-5.0 A L-5.0 X X G L-5.0 Mc C L E L L A N R A N C H W E S T P A R K I N G I M P R O V E M E N T S CI T Y O F C U P E R T I N O 22 2 2 1 M c C L E L L A N R O A D C U P E R T I N O , C A SHEET AGENCY APPROVAL REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.2018 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS NATIVE SOIL, MOISTURE CONDITION AND COMPACT TOP 12" TO 90% R.C. FINISH GRADE BOULDER, FINAL PLACEMENT IN FIELD BY LANDSCAPE ARCHITECT 30 % M I N . EM B E D M E N T NOTES: 1. REFER TO SITE PLANS FOR BOULDER PLACEMENT AND SIZES. 2. LANDSCAPE ARCHITECT TO COORDINATE SELECTION AND FINAL ARRANGEMENT OF BOULDERS. 1" = 1'-0" BOULDER EMBEDMENT SCALE: PERVIOUS CONCRETE PER CIVIL WHERE OCCURS 2" MIN. C TW BOULDER EMBEDMENT, TYP. 2 2 23 3 1 1 1 = 1'X1'X1' BOULDER 2 = 2'X2'X2' BOULDER 3 = 3'X3'X3' BOULDER (SIZES ARE APPROXIMATE) 1 1 2 1 1 111 1 1 1 11 1 1 1 11 11 1 BOULDER SIZE KEY 2" BATTER2"NOTES: 1. GENERALLY STRAIGHT ALIGNMENT IS INTENDED, WITHIN LIMITS OF A NATURAL BUILDING MATERIAL AND THE ALLOWABLE VARIATIONS SET FORTH IN THIS DETAIL. 2. NO VOIDS GREATER THAN 1" IN DIAMETER. BOULDERS SHALL BE STACKED AND FIT TOGETHER TO PROVIDE TIGHT JOINTS. 3. BOULDER EMBEDMENT PER 4. TOP OF WALL ELEVATION WILL FLUCTUATE. PROVIDE MIN. 3" FREE-BOARD ABOVE ADJACENT NATURAL GRADE TYP. SECTION ELEVATION VIEW PLAN VIEW 1' DIAMETER BOULDERS INTENDED TO FILL GAPS IN LANDSCAPE BORDER, TYP. ORIENT BOULDERS WITH LONGSIDE OF STONE PARALLEL TO WALL, TYP. LANDSCAPE BORDER, TYP. BOULDER PLACEMENT TO VARY UP TO 12" OFF-CENTER LINE TO CREATE A NATURAL LOOK. BOULDER RETAINING WALL 1/2" = 1'-0"SCALE: TREE PERVIOUS CONCRETE, TYP. C L-4.0 1 11111 1111 3" 1 M6-66D SECTION 4" M I N . 6" M A X . 18 " #5 REBAR, SET FLUSH WITH TOP OF LOG. LOG WITH BARK PARKING JOINT, TYP. 24" 6' 12" TYP. PERVIOUS CONCRETE PAVING LOG WHEEL STOP 1" = 1'-0"SCALE: PLANTING AREA PLAN VIEW 8" MIN. 12" MAX. EDGE OF PAVEMENT 24 " T O F A C E OF L O G , T Y P . REMOVE ALL BRANCH / ROOT OFF-SHOOTS AND SHARP EDGES TO ENSURE NO PROJECTIONS OR TRIPPING HAZARDS. MILLED EDGE. ROUGH HEWN CUTS, STRAIGHT AND TRUE, MAY BE ALLOWED. PARKING WIDTH PER PLAN NOTES: 1. LOGS NEED TO BE MILLED TO ENSURE A FLUSH CONNECTION TO THE PAVEMENT. LOGS THAT ROCK OR MOVE UNDER WEIGHT WILL NOT BE ALLOWED. 2. REFER TO SPECIFICATIONS FOR ALLOWABLE SPECIES. 3. NO CHECKING, SPLINTERING OR SPLITTING WILL BE ALLOWED. M6-68E L-4.0 CONSTRUCTIONDETAILS RM RSR AS SHOWN CO N S T R U C T I O N D E T A I L S 18 " O.C. TYP. 6"12" 2'-0" TYP. 2X6 RWD. HEADERBOARD OR (2) 1X6 IN. ROUGH RWD. OR (6) 1/4X6 REDWOOD BENDER BOARDS AS REQD. ON CURVES. 2X4X18 IN. RWD. STAKE AT 1 FOOT O.C. - 4 PER SCAB SPLICE JOINT 2X4X18 IN. MIN. RWD. STAKE AT 5' O.C. MIN. ATTACH USING (3) 16d HOT DIPPED GALV. NAILS MIN. NOTES: 1. LAMINATE ALL JOINTS ON 1X4 AND 1/4 X 4 HEADER BOARD A MIN. OF 4 FEET TYPICAL 2. ALL REDWOOD TO BE ROUGH CONSTRUCTION GRADE REDWOOD UNLESS NOTED OTHERWISE PLAN VIEW AT SPLICE SECTION CL 2X4X4 FOOT RWD. SCAB HEADER AS ABOVE FINISH GRADE PER LANDSCAPE PLAN HEADERBOARD 1/2" = 1'-0"SCALE:M6-28B DECOMPOSED GRANITE SCALE: 1" = 1'-0" COMPACTED SUBGRADE TO 95% R.C. HEADER PER DETAIL STABILIZED DECOMPOSED GRANITE PER MATERIALS AND FINISHES SCHEDULE 1/ 4 " MULCH PER PLANTING PLAN ADAJCENT PAVEMENT PER CIVIL PLANS 3" CLASS II BASEROCK TO BE COMPACTED TO 95% R.C. 6" NOTES: 1. DECOMPOSED GRANITE TO BE INSTALLED PER MANUFACTURER'S RECOMMENDATIONS. 2. DECOMPOSED GRANITE SHALL HAVE LONGITUDINAL AND/OR CROSS SLOPE THAT COMPLIES WITH ADAAG PER CIVIL PLANS. 3. PROVIDE CONTROL JOINTS PER MANUFACTURER'S RECOMMENDATIONS. STAKE PER DETAIL B L-4.0 B L-4.0 1" A M6-34 Mc C L E L L A N R A N C H W E S T P A R K I N G I M P R O V E M E N T S CI T Y O F C U P E R T I N O 22 2 2 1 M c C L E L L A N R O A D C U P E R T I N O , C A SHEET AGENCY APPROVAL REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.2018 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS L-4.1 CONSTRUCTIONDETAILS RM RSR AS SHOWN CO N S T R U C T I O N D E T A I L S CHAIN LINK BARRIER WITH WOOD POST 1" = 1'-0"SCALE: NOTES: 1. STAIN ALL WOOD WITH TWO COATS PENOFIN PER SPECIFICATIONS. 2. REFER TO SPECIFICATIONS AND MANUFACTURER'S RECOMMENDATIONS FOR MATERIAL AND INSTALLATION REQUIREMENTS, TYP. 3. STAIN CONCRETE TOPS TO MATCH ADJACENT PERVIOUS CONCRETE. 4. ALL CONNECTIONS AND FASTENERS SHALL BE GALVANIZED U.N.O. (2) 3/4" MACHINE BOLTS WITH WASHER AND HEX NUT. 8X8 WOOD POST 18"Ø 42 " CONCRETE FOOTING PER SPECS, TYP. A SECTION A SIMPSON STRONG TIE MODEL CB88 GALV. 6" DO NOT ENTER 3/8" SS CHAIN. PAD LOCK EA. SIDE, PROVIDED BY OWNER. SIZE CHAIN LENGTH TO ALLOW 6"-12" SAG WHEN INSTALLED. 12" X 18" 63 MIL. ALUMINUM REFLECTIVE SIGN; ROUNDED EDGES. SECURE TO CHAIN IN MIDDLE OF DRIVE AISLE W/ GALV. QUICK CONNECTS. SLOPE TOP TO SHED WATER.3" MIN 24 " 3/4" DIA. SCH 40 STEEL PIPE. SIGN ENLARGEMENT PLAN VIEW M6-20A GRAPE STAKE WOOD FENCE 1/2" = 1'-0"SCALE:SCALE: 1' Ø 1' - 6 " CL 3" 9" CONCRETE FOOTING PER SPECS, TYP.SECTION A ELEVATION PLAN A SLOPE TOP TO SHED WATER CONCRETE FOOTING BELOW 3' 5' MAX FINISH GRADE 4X4 RO RWD POST PER SPECIFICATIONS CHAMFER, TYP. ALL POSTS 1 7/8" X 2" X 6' WOOD GRAPE STAKE, TYP. PER SPECS. 9" NOTES: 1. STAIN ALL WOOD TO BE NATURAL, UNTREATED. 2. REFER TO SPECIFICATIONS AND MANUFACTURER'S RECOMMENDATIONS FOR MATERIAL AND INSTALLATION REQUIREMENTS. 3. STAIN CONCRETE TOPS TO MATCH ADJACENT PERVIOUS CONCRETE. 4. ALL CONNECTIONS AND FASTENERS SHALL BE GALVANIZED U.N.O. M6-14BVEHICULAR ACCESS GATE 1/2" = 1'-0"SCALE: ELEVATION PLAN 2 X 6 HOR. 6 X 6 POST 2 X 6 HOR. 2 X6 CROSS BEAM 2 X 6 VERT. 18" 3' 3' - 3 " 3' - 6 " 1' - 6 " 9" STEEL RECEIVER LOCKABLE STEEL CANE BOLT2 X 6 VERT. POST PER PLAN 3/4" CHAMFER, TYP. HEAVY-DUTY STEEL HINGE, GALV. 90° (2 MIN. PER LEAF) 2 X 6 DIAGONAL HEAVY-DUTY STEEL HINGE, GALV. 90° (2 MIN. PER LEAF.) PLATE STEEL GUIDE WITH FLANGES TO RECEIVE LOCK PLATE STEEL GUIDE 1 7/8" X 12" GALV. STEEL RECEIVER IN CONCRETE COLLAR. PROVIDE RECEIVER IN COLLAR AT CLOSED AND OPEN POSITIONS, TYP. STRONG TIE CB66 GALV. COLUMN BASE 1 5/8" O.D. GALV. STEEL CANE BOLT SLOPE TOP TO SHED WATER DRIVEWAY CURB, PROTECT IN PLACE EQ . EQ . ANTI-SAG TENSIONING WIRE, TYP. EACH GATE.15 " NOTES: 1. PAINT ALL EXPOSED WOOD WITH TWO COATS OF BENJAMIN MOOR AURA ACRYLIC EXTERIOR PAINT. COLOR = SATIN WHITE. 2. REFER TO SPECIFICATIONS AND MANUFACTURER'S RECOMMENDATIONS FOR MATERIAL AND INSTALLATION REQUIREMENTS. 3. STAIN EXPOSED CONCRETE TO MATCH ADJACENT PERVIOUS CONCRETE. 4. ALL CONNECTIONS AND FASTENERS SHALL BE GALVANIZED U.N.O. 5. THE INTENT OF THIS GATE DESIGN IS TO MATCH (E) SPLIT RAIL AT McCLELLAN RANCH. NOTIFY OWNER'S REPRESENTATIVE IF ANY DISCREPENCIES EXIST. M6-18D NOTES: 1. PAINT ALL EXPOSED WOOD WITH TWO COATS OF BENJAMIN MOOR AURA ACRYLIC EXTERIOR PAINT. COLOR = SATIN WHITE. 2. REFER TO SPECIFICATIONS AND MANUFACTURER'S RECOMMENDATIONS FOR MATERIAL AND INSTALLATION REQUIREMENTS. 3. STAIN EXPOSED CONCRETE TO MATCH ADJACENT PERVIOUS CONCRETE. 4. ALL CONNECTIONS AND FASTENERS SHALL BE GALVANIZED U.N.O. 5. THE INTENT OF THIS FENCE DESIGN IS TO MATCH (E) SPLIT RAIL AT McCLELLAN RANCH. NOTIFY OWNER'S REPRESENTATIVE IF ANY DISCREPENCIES EXIST. 9" 2 X 6 HOR. 6 X 6 POST EQ . EQ . 18" Ø 3' 3' - 6 " 8'-0" O.C. 3/4" CHAMFER, TYP. STRONG TIE CB66 GALV. COLUMN BASE SLOPE TOP TO SHED WATER SPLIT RAIL FENCE 1/2" = 1'-0"SCALE: 3" C Mc C L E L L A N R A N C H W E S T P A R K I N G I M P R O V E M E N T S CI T Y O F C U P E R T I N O 22 2 2 1 M c C L E L L A N R O A D C U P E R T I N O , C A SHEET AGENCY APPROVAL REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.2018 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS L-5.0 LANDSCAPEDETAILS RM RSR AS SHOWN LA N D S C A P E D E T A I L S 3" 6" M I N . 12 " M A X . VALVE BOX WITH BOLT-DOWN COVER USE EXTENSIONS AS NECESSARY AND SIZE TO FIT (MINIMUM 12" X 17") PVC SCH. 80 MALE ADAPTER TYP. SUPPLY LINE TYP. 12" MIN. DEPTH 1-1/2" DRAIN ROCK STANDARD BRICKS, TWO IF ROUND BOX - FOUR IF RECTANGLE. TRUE UNION VALVE: SEE IRRIGATION SCHEDULE FOR TYPE AND SIZE 1 1 / 2 " BALL VALVE SCALE: 1" = 1'-0" CONSTRUCT GALVANIZED AVIARY WIRE GOPHER BARRIER. LAP EDGES UP INTO VALVE BOX TO TOP OF DRAIN ROCK. 'NOT NECESSARY IN AREAS OF SYNTHETIC TURF'. C 4" M I N . 8" M A X QUICK COUPLING VALVE PER IRRIGATION SCHEDULE LEEMCO LS-120 DUCTILE IRON QUICK COUPLING STABILIZER PVC SCH. 80 NIPPLE (LENGTH AS REQUIRED) PVC SCH. 80 90 DEGREE ELL (TXT) TYP. 12" MIN. DEPTH 3/4" DRAIN ROCK STD. BRICK EA. SIDE-2 TOTAL CONSTRUCT GALVANIZED AVIARY WIRE GOPHER BARRIER. LAP EDGES UP INTO VALVE BOX TO TOP OF DRAIN ROCK. PVC SCH. 80 8" NIPPLE PVC SCH. 80 3" NIPPLES PVC SCH. 40 TEE (SXSXT) MID-RUN OR 90 DEGREE ELL (SXT) AT END OF RUN VALVE BOX W/ BOLT-DOWN COVER USE EXTENSIONS AS NECESSARY AND SIZE TO FIT (MINIMUM 12" X 17") 1 1 / 2 " PVC SCH. 80 3"NIPPLES QUICK COUPLER SCALE: 1" = 1'-0"H M6-07 FL O W PVC MALE ADAPTER NEW GUARDSHACK GS-2 LIFT-OFF CAGE WITH LOCK SHIELD BRACKETS. COLOR: HUNTER GREEN. CENTER ON PAD PRESSURE BACKFLOW DEVICE PER IRRIGATION PLAN 12 ' M I N . NEW CONCRETE PAD: 4" THICK, CAST IN PLACE, SLEEVE RISERS. 20" WIDE X 32" LONG6" MIN. PVC MAIN PER PLANS NEW COPPER TYPE 'K' RISER (TYP.) 24 " 30" R6" BACKFLOW DEVICE 1" = 1'-0"SCALE:B M6-11 REMOTE CONTROL VALVE 1" = 1'-0"SCALE: 3" 3" M I N 3-M DBY WIRE CONNECTORS TYP. 24" COILED EXTRA WIRE TYP. PVC SCH. 80 UNION IRRIGATION. LATERAL TO HEADS SUPPLY LINE WITH LABEL FACING UP, TYP. PVC SCH.80 NIPPLE. LENGTH AS REQUIRED GREATER THAN 1". SPEARS TRUE UNION BALL VALVE AT EACH REMOTE CONTROL VALVE. SIZE PER MAINLINE PVC SCH.80 90 DEGREE ELL (TXT) VALVE "JUMBO BOX" W/ BOLT-DOWN COVER USE EXTENSIONS AS NECESSARY (15" X 18"). ENGRAVE OR BRAND VALVE NUMBER ON LID. PVC SCH.80 NIPPLE (LENGTH AS REQUIRED TYP.) 12" MIN. DEPTH, 1-1/2" DRAIN ROCK STD. BRICK EA. CORNER-4 TOTAL PVC SCH. 40 TEE (SXSXT) OR ELL SXT) 12 GA CONTROL AND 12 GA COMMON WIRES. PROVIDE (2) EXTRA WIRE COILS OF DIFFERENT COLORS. 1 1 / 2 " IRRIGATION CONTROL VALVE PER IRRIGATION SCHEDULE. PLASTIC TAG WITH VALVE STATION ID NUMBER CONSTRUCT GALVANIZED AVIARY WIRE GOPHER BARRIER. LAP EDGES UP INTO VALVE BOX TO TOP OF DRAIN ROCK. F M6-12 NOTES: 1. CENTER VALVE BOX OVER REMOTE CONTROL VALVE OR GATE VALVE TO FACILITATE SERVICING VALVE. 2. SET BOXES 1" ABOVE FINISH GRADE OR MULCH COVER IN GROUND COVER/SHRUB AREA AND FINISH GRADE IN TURF AREA. 3. SET RCV AND VALVE BOX ASSEMBLY IN GROUND COVER/SHRUB AREA WHERE POSSIBLE. INSTALL IN LAWN ONLY IF GROUND COVER DOES NOT EXIST ADJACENT TO LAWN. 4. SET BOXES PARALLEL TO EACH OTHER AND PERPENDICULAR TO EDGE OF LAWN, WALK, FENCE, CURB, ETC. 5. AVOID HEAVILY COMPACTING SOIL AROUND VALVE BOXES TO PREVENT COLLAPSE AND DEFORMATION OF VALVE BOX SIDES. 6. INSTALL EXTENSION BY VALVE BOX MANUFACTURER AS REQUIRED TO COMPLETELY ENCLOSE ASSEMBLY FOR EASY ACCESS. 10" ROUND VALVE BOX FOR QUICK COUPLING VALVE RECTANGULAR VALVE BOX SIZE AS NECESSARY. MINIMUM 12" X 17" PLAN VIEW 12 " T Y P . 12" TYP.12" TYP.12" TYP. VALVE BOX LAYOUT IN LANDSCAPE CONDITION 1" = 1'-0"SCALE: EDGE OF LAWN, WALK, PLANTER, ETC. M6-23D FINISH GRADE PVC LATERAL TO HEADS JUMBO VALVE BOX WITH BOLT-DOWN COVER USE EXTENSIONS AS NECESSARY. ENGRAVE OR BRAND VALVE NUMBER ON LID. PRESSURE REGULATOR REMOTE CONTROL VALVE SEE IRRIGATION SCHEDULE STD. BRICK EACH CORNER - 4 TOTAL 3" M I N . 12" MIN. DEPTH, 1-1/2" DRAIN ROCKPVC SCH. 80 NIPPLE (LENGTH AS REQUIRED TYP.) CONTROL WIRE COMMON & CONTROL WIRES 3-M DBY WIRE CONNECTORS TYP. 24" COILED EXTRA WIRE TYP. FILTER - POSITION UP- WARD (AS DRAWN) OR TO THE SIDE PVC SCH. 80, 90 DEGREE ELL (TXT) PVC SCH. 40 TEE (SXSXT) OR ELL (SXT) (E) SUPPLY LINE WITH LABEL FACING UP SPEARS TRUE UNION BALL VALVE 4" M I N . BRAND OR ENGRAVE STATION LETTER AND NUMBER DRIP ZONE REMOTE CONTROL VALVE KIT 1/2" = 1'-0"SCALE:E 6" M I N . 12 " M A X . T Y P . 24 " T Y P . 18 " 18 " T Y P . METALLIC WARNING TAPE TYP. FINISH GRADE SOIL COMPACTED NATIVE MAIN SUPPLY AND WIRES TYP. MAIN ONLY SHARED TRENCH NOTES: 1. REFER TO PLANS FOR ADDITIONAL INFORMATION. 2. TAPE AND BUNDLE 24 V. CONDUCTORS AT 10' INTERVALS. DO NOT TAPE IN SLEEVES. 3. "SNAKE" WIRE AND PIPING SIDE TO SIDE IN TRENCH TO ALLOW FOR EARTH EXPANSION/CONTRACTION. 4. PIPING AND TRENCHING UNDER INCOMING PAVING SHALL BE BACKFILLED WITH CLEAN NATIVE SOIL AND SHALL BE COMPACTED TO 90% RC UNLESS NOTED OTHERWISE. ALL IRRIG. PIPING UNDER ANY PAVING SHALL HAVE A MINIMUM OF 24 INCHES OF COVER. IN PLANTING AREAS, COMPACT TRENCH TO 85% RC UNLESS NOTED OTHERWISE. COMPACTED NATIVE LATERAL TYP. LATERAL ONLY COMPACTED NATIVE 6" C L R . LATERAL TYP. PIPE TRENCHING 1" = 1'-0"SCALE:M6-77A BUBBLER NOZZLE - SEE IRRIGATION PLAN FOR LOCATIONS AND SPECIFICATON LATERAL LINE TO END AT TREE DRIPLINE FOR (E) TREES 3' LONG X 12" IPS FLEX PIPE ROOTBALL 6" CIRCULAR WATERING BASIN MULCH 'U' STAKE AT BUBBLER, MIN. 18" DEEP 12" MIPT X 12" IPS (RECLAIMED PURPLE) PVC MALE ADAPTER TREE BUBBLER 1" = 1'-0"SCALE:I BATTERY OPERATED CONTROLLER 1" = 1'-0"SCALE: BATTERY OPERATED CONTROLLER PER IRRIGATION SCHEDULE FINISHED GRADE REMOTE CONTROL VALVE PER IRRIGATION SCHEDULE DC LATCHING SOLENOID GALVANIZED AVIARY WIRE, TYP. CONTROL AND COMMON WIRES, TYP.NOTE: 1. REFER TO REMOTE CONTROL VALVE DETAIL FOR ADDITIONAL INFORMATION G Mc C L E L L A N R A N C H W E S T P A R K I N G I M P R O V E M E N T S CI T Y O F C U P E R T I N O 22 2 2 1 M c C L E L L A N R O A D C U P E R T I N O , C A SHEET AGENCY APPROVAL REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.2018 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS L-5.1 LANDSCAPEDETAILS RM RSR AS SHOWN LA N D S C A P E D E T A I L S TREE BUBBLER PER DETAIL A/L-5.1 (N) TREE PER PLANTING PLAN FERTILIZER CHART DI R E C T I O N O F TREE TIE STAKE PR E V A I L I N G W I N D 2 RECYCLED RUBBER TIRE TREE TIES TIES TO BE LOOSE TO ALLOW TREE MOVEMENT. NOTES: 1. DIG ALL PITS SQUARE. SCARIFY ROOT BALL BEFORE PLACEMENT IN PIT. 2. FERTILIZER TABLETS SHALL BE DISTRIBUTED PER THE FERTILIZER CHART ABOVE 1' 3" MULCH TOPDRESS PER SPECS.KEEP 2" AWAY FROM TRUNK PLAN FERTILIZER TABLETS-SHALL BE AS MANUFACTURED BY GRO-POWER™ INC. 7 GRAM TABLETS CONTAINING 12-8-8, NPK IN A ONE-YEAR TIME-RELEASE FORMULATION WITH 4% HUMIC ACID, 20% HUMUS, 2% IRON, 3.5% SULFUR. NATIVE SOIL SET CROWN 1" HIGH TO ALLOW FOR SETTLING 6" HIGH MIN. CIRCULAR WATER BASIN 15 GAL. - 12 TABLETS 24" BOX - 17 TABLETS SECTION 2-3" DIA. TREATED LODGE POLE PINE STAKES (TYP.) 10 ' TREE PLANTING 1/4" = 1'-0"SCALE:B M6-15 EDGE OF PLANTER/CURB/PAVING SPACING DISTANCE EQU A L HA L F O F S P A C I N G 86 % O F S P A C I N G EQU A L HALF OF SPACING SHRUB, TYP. NOTES: 1. LOCATE PLANTS AT EQUAL DISTANCE FROM EACH OTHER 2. FOR SPACING DIMENSION SEE PLANTING LEGEND PLANT TYP. PLANT TYP. GROUNDCOVER PLANTING 1/2" = 1'-0"SCALE:M6-19E TREE BUBBLER PER DETAIL A/L-5.1 1' 3" MULCH TOPDRESS PER SPECS. KEEP 2"AWAY FROM TRUNK, AND BELOW ADJACENTPERVIOUS CONCRETE ELEVATION SECTION NATIVE SOIL ONLY BENEATH ROOTBALL.SCARIFY WITH PICK 6" DEEP BOULDER RETAINING WALL PER DETAIL SET CROWN 2" - 3" HIGH TO ALLOW FOR SETTLING PERVIOUS CONCRETE PLAN (N) TREE PER PLANTING PLAN;STAKING (NOT SHOWN) PERTREE PLANTING DETAIL TREE PLANTING AT BOULDER WALL 1/4" = 1'-0"SCALE: WHEEL STOP D L-4.0 JOINT, TYP. AT EDGE OF PARKING STALL M6-70C 2'-6" 2 X DIA. OF CONTAINER 6" FERTILIZER CHART 1 GAL. - 2 TABLETS 5 GAL. - 3 TABLETS 4' - 0 " PLANT ROOTBALL 1" HIGHER THAN SURROUNDING GRADE TO ALLOW FOR SETTLING 3" BARK MULCH, DO NOT BURY ROOTBALL 3" CIRCULAR WATERING BASIN BACKFILL MIX PER PLANTING PLAN AND SPECIFICATIONS SCARIFY ALL SIDES OF PLANT PIT FERTILIZER TABLETS PER CHART AND SPECIFICATIONS NOTES: 1. DIG ALL PITS SQUARE 2. SCARIFY ROOT BALL BEFORE PLACEMENT IN PIT STAKE DRIVEN 12" BELOW FINISHED GRADE TYPICAL OF THREE PER PLANT PER SPECIFICATIONS PROTECTIVE WIRE, TYP. AS PER SPECS. USE WHERE APPLICABLE PER PLANS SHRUB PLANTING WITH BROWSE CAGE 1" = 1'-0"SCALE:D TYPICAL DRIP TUBING LAYOUT 1/2" = 1'-0"SCALE: NOTES: 1. PLACE EMITTERS 3 4 BETWEEN THE TRUNK AND OUTTER DRIPLINE. 2. EVENLY SPACE EMITTERS AROUND PLANT. 3. SEE IRRIGATION PLAN FOR FULL DRIP NOTES. TYPICAL 12" DRIP TUBING TYPICAL COMPRESSION FITTING 1/2" DRIP TUBING STAKE (TYP.) XERI-BUG BARBED EMITTER (TYP.) 1 GALLON SHRUB (TYP.) 5 GALLON SHRUB PVC LATERAL LINE 1/2" POLYETHYLENE FLEXIBLE TUBING SXSXT TEE OR ELLLATERAL LINE PVC PLANT ROOTBALL DRIP STAKE. FINISHED GRADE 1/2" MHT X BARB INSERT 1/2" MHT X BARB INSERT. RAIN BIRD XERI-BUG EMITTER 1/2" POLYETHYLENE FLEXIBLE TUBING. LENGTH AS REQUIRED PVC LATERAL PIPE 12 " M I N . B E L O W G R A D E 3" M U L C H L A Y E R AB O V E G R A D E FPT TEE, SET 2" ABOVE GRADE INSIDE WATER WELL. BARB ELL X MIPT A M6-08 MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS 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LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL 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MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM SHEET AGENCY APPROVAL REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS STAMP CONSULTANT civil engineers and surveyors ROSENBLUM, INC. 1630 Oakland Road, Suite A114, San Jose, CA 95131 www.uandr.com UNDERWOOD & (408) 453-1222 C-1 1" = 10' - 0" GRADING PLAN JQ/KH FR HEADERBOAD PER LANDSCAPE PLANS, TYP. HEADERBOAD TYP. PER LANDSCAPE PLANS C-2 AS SHOWN SECTION SHEET AGENCY APPROVAL REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS STAMP CONSULTANT civil engineers and surveyors ROSENBLUM, INC. 1630 Oakland Road, Suite A114, San Jose, CA 95131www.uandr.com UNDERWOOD & (408) 453-1222 JQ MS SHEET AGENCY APPROVAL REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS STAMP CONSULTANT civil engineers and surveyors ROSENBLUM, INC. 1630 Oakland Road, Suite A114, San Jose, CA 95131 www.uandr.com UNDERWOOD & (408) 453-1222 C-3 JQ MS NTS DETAILS PAVEMENT CONDITION VARIES, SEE SITE PLAN SHEET AGENCY APPROVAL REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS STAMP CONSULTANT ROSENBLUM, INC. civil engineers and surveyorscivil engineers and surveyors ROSENBLUM, INC.ROSENBLUM, INC. 1630 Oakland Road, Suite A114, San Jose, CA 951311630 Oakland Road, Suite A114, San Jose, CA 95131www.uandr.comwww.uandr.com UNDERWOODUNDERWOOD && (408) 453-1222(408) 453-1222 C-4 1" = 20' - 0" EROSION CONTROL PLAN JQ MS SHEET AGENCY APPROVAL REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.18 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS 60 Garden Court Suite 210 Monterey, CA 93940 T.831.646.3330 F.831.646.3336 www.acemb.com Project No. ONTEREY NGINEERS ONSULTING E M URUMA C AY, INC.B 16372.01 CADD E.O.B. AS NOTED E1.0 SY M B O L S & A B B R E V I A T I O N S , L I G H T FI X T U R E S C H E D U L E , C O D E S A N D ST A N D A R D S , N O T E S SYMBOLS, ABBREVIATIONS, LIGHT FIXTURE SCHEDULE, CODES & STANDARDS, NOTES 2 CONDUIT - UP. CONDUIT - DOWN. FLEX CONDUIT WITH CONNECTION. CONDUIT - CONCEALED IN WALLS OR CEILING. CONDUIT - BELOW SLAB OR UNDERGROUND: 3/4"MIN. GROUND ELECTRODE NON-FUSED DISCONNECT SWITCH GROUND ROD WITH GROUNDWELL BOX CIRCUIT BREAKER. NORMALLY CLOSED CONTACT. NORMALLY OPEN CONTACT. TRANSFORMER - SEE SINGLE LINE FOR SIZE. CONDUIT CONTINUATION. DETAIL OR SECTION REFERENCE CAPPED CONDUIT. STUB-OUT PULLBOX SYMBOLS & ABBREVIATIONS SHOWN ARE FOR GENERAL USE. DETAIL NOTE REFERENCE SYMBOL SEE ASSOCIATED NOTE ON SAME DETAIL2 1 E3.0 F301 FEEDER DESIGNATION; SEE ASSOCIATED NOTE ON SAME DETAIL SHEET NOTE REFERENCE SYMBOL; SEE ASSOCIATED NOTE ON SAME SHEET. PULL BOXPB PA FUTURE GROUND FAULT PUBLIC ADDRESS CHLORIDE POLYVINYL REQUIRED REMOVED SHEET SWITCHHEIGHT PHASE PANEL PVC PNL REQD SWBD SHT HT. (R) SW PF NOTED WITH WATT VOLT UON XFMR W/ W WP V TYP TYPICAL GROUND INTERCOM PANEL LIGHTING MOUNTED METAL HALIDE THOUSAND KILOWATT KILOVOLT JUNCTION BOX INTERRUPTING LIGHTING CONTROL KILOVOLT LOW VOLTAGE CIRCULAR MILS MAIN LUGS ONLY NUMBER NEW NOT IN CONTRACT NOT TO SCALE ON CENTER CONTRACT NOT IN ELECTRICAL MOUNTING POWER FACTOR SWITCHBOARD UNLESS OTHERWISE REQUIREMENT(S) EXISTING TO BE TRANSFORMER WEATHERPROOF GFCI (F) AFF A ABOVE FINISHED AMPERE KVA LCP LTG MTD KCM JB KW LV MH KV GND, G MLO NTS OC NIEC NIC (N) NO. MTG AWG ARCH. BKR CB CO CLG CTR CKT DIM DIST CL (E) C EQUIP FIN FACP FA FL EMT FLOOR METALLIC TUBING CONTROL PANEL EQUIPMENT FIRE ALARM FINISH FIRE ALARM AMERICAN WIRE CIRCUIT BREAKER BREAKER GAUGE DISTRIBUTION CIRCUIT CENTER LINE CEILING CONDUIT ONLY CENTER DIMENSION EXISTING ELECTRICAL CONDUIT ARCHITECT FLOOR OVERHEADOH REQMT'S GALVANIZED RIGIDGRS STEEL EM EMERGENCY (NL) NIGHT LIGHT MECHANICALMECH. RECPT'S RECEPTACLES (RP) REMOVABLE POLE PWR POWER UG UNDERGROUND ALUM./AL ALUMINUM SINGLE LINE DIAGRAMS.L.D. FLUOR. FLUORESCENT OAH OVERALL HEIGHT PASSIVE INFRAREDPIR KILOVOLT AMPERES GENERALGC PH PHOTOVOLTAICPV CONTRACTOR CATV CABLE TV CCTV CLOSED CIRCUIT TV FUSED DISCONNECT SWITCH. FUSED WITH DUAL-ELEMENT FUSES SIZED PER EQUIPMENT MFGR'S NAMEPLATE DATA. EC ELECTRICAL CONTRACTOR IC INCANDESCENTINCAND. TTB TELEPHONE TERMINAL BACKBOARD MAIN DISTRIBUTIONMDF MAIN POINT OFMPOE INTERMEDIATEIDF NOMINALNOM DETAIL NUMBER SHEET NUMBER GFI DISTRIBUTION FRAME FRAME ENTRANCE ABBREVIATIONS ELECTRICAL SYMBOLS & ABBREVIATIONS (EL) EVENING LIGHT SYSTEMS TERMINATION CABINET STC DISREGARD THOSE WHICH DO NOT APPEAR ON THE PLANS. GFCI CONVENIENCE RECEPTACLE - DUPLEX AT + 18" AFF UON.GFI SEE SCHEDULE LUMINAIRE - POLE OR POST MOUNTED - SHEET INDEX E1.0 SYMBOLS, ABBREVIATIONS, LIGHT FIXTURE SCHEDULE, CODES, STANDARDS & GENERAL NOTES. E2.0 ELECTRICAL SITE PLAN. E2.0PH PHOTOMETRIC SITE PLAN. E3.0 ELECTRICAL DETAILS. E4.0 CALIFORNIA ENERGY COMPLIANCE TITLE 24 (BUILDING EXTERIOR). GENERAL CONSTRUCTION NOTES 1. CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE CODES AND REGULATIONS. MATERIALS AND EQUIPMENT SHALL BE U.L. LISTED AND LABELED FOR THE APPLICATION. 2. THE CONTRACTOR SHALL OBTAIN AND PAY FOR ALL PERMITS, LICENSES AND INSPECTION FEES REQUIRED BY THIS CONTRACT WORK. 3. CONTRACTOR SHALL VISIT THE PROJECT SITE PRIOR TO BIDDING AND ALLOW FOR ALL FIELD CONDITIONS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL ELECTRICAL WORK NOTED AND CALLED OUT ON ALL CONTRACT DOCUMENTS. THE CONTRACTOR SHALL OBTAIN INFORMATION AND BE FAMILIAR WITH ALL OTHER TRADES WORK. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATION BETWEEN OTHER TRADES ON PROJECT. 4. CONTRACTOR SHALL BE RESPONSIBLE FOR THE SAFETY OF PERSONS AND PROPERTY AND SHALL PROVIDE INSURANCE COVERAGE AS NECESSARY FOR LIABILITY AND PERSONAL, PROPERTY DAMAGE, TO FULLY PROTECT THE OWNER, ARCHITECT AND ENGINEER FROM ANY AND ALL CLAIMS RESULTING FROM THIS WORK. 5. CONTRACTOR SHALL MAINTAIN RECORD DRAWINGS AT THE PROJECT SITE INDICATING ALL MODIFICATIONS TO ELECTRICAL SYSTEMS. THE CONTRACTOR SHALL AT THE CONCLUSION OF THE PROJECT PROVIDE ACCURATE "AS-BUILT" DRAWINGS ACCEPTABLE TO THE ARCHITECT. 6. ALL MATERIALS PROVIDED TO THE PROJECT SHALL BE NEW. THE CONTRACTOR SHALL BE RESPONSIBLE TO PROVIDE AND INSTALL ALL INCIDENTAL MATERIALS REQUIRED FOR A COMPLETE INSTALLATION. 7. CONTRACTOR SHALL PROVIDE TO THE ARCHITECT A CONSTRUCTION SCHEDULE OF ELECTRICAL WORK. THE CONSTRUCTION SCHEDULE SHALL IDENTIFY ALL SIGNIFICANT MILESTONES WITH COMPLETION DATES. 8. CONTRACTOR SHALL PROVIDE ALL REQUIRED "CUTTING, PATCHING, EXCAVATION, BACKFILL AND REPAIRS" NECESSARY TO RESTORE DAMAGED SURFACES TO EQUAL OR BETTER THAN ORIGINAL CONDITIONS EXISTING AT START OF WORK. 9. ALL CONDUITS UNLESS OTHERWISE NOTED ON DRAWINGS SHALL HAVE AS A MINIMUM: TWO (2) #12s WITH ONE (1) #12 GROUND. "TICK" MARKS SHOWN ON CIRCUITRY ARE FOR ROUGH ESTIMATING ONLY. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL WIRES AND WIRE SIZES REQUIRED BY LATEST CODE. 10. ALL BRANCH CIRCUITS SHALL HAVE INDIVIDUAL NEUTRALS. SHARED NEUTRALS ON MULTIWIRE CIRCUITS IS NOT ALLOWED. 11. COORDINATE ALL CONDUIT RUNS, ELECTRICAL EQUIPMENT AND PANELS WITH ALL OTHER WORK TO AVOID CONFLICTS. 12. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL DAMAGE TO (E) UNDERGROUND SYSTEMS (GAS, WATER, TELEPHONE, ELECTRICAL, SEWER, ETC.). THE CONTRACTOR SHALL REPAIR & PAY ALL EXPENSES FOR DAMAGE TO (E) UNDERGROUND SYSTEMS AS A RESULT OF (N) WORK. REPAIR TO DAMAGED UNDERGROUND SYSTEMS SHALL BE TO THE OWNERS SATISFACTION WITHOUT EXTRA EXPENSE TO THE OWNER. 13. CONTRACTOR SHALL COORDINATE WITH UTILITY COMPANY, PAY ALL CHARGES FOR TEMPORARY CONSTRUCTION POWER. 14. CONTRACTOR SHALL COORDINATE WITH UTILITY COMPANIES AND OBTAIN UTILITY COMPANY CONSTRUCTION DOCUMENTS. UTILITY COMPANY CHARGES SHALL BE PAID BY OWNER. APPLICABLE CODES & STANDARDS CODES: 1. 2016 CALIFORNIA ADMINISTRATIVE CODE C.C.R., TITLE 24, PART 1. 2. 2016 CALIFORNIA BUILDING CODE (CBC) C.C.R., TITLE 24, VOL. 1 & 2 BASED ON THE 2015 INTERNATIONAL BUILDING CODE (IBC) WITH CALIFORNIA AMENDMENTS. 3. 2016 CALIFORNIA ELECTRICAL CODE (CEC) C.C.R., TITLE 24, PART 3 BASED ON THE 2014 NATIONAL ELECTRICAL CODE (NEC) WITH CALIFORNIA AMENDMENTS. 4. 2016 CALIFORNIA MECHANICAL CODE (CMC) C.C.R., TITLE 24, PART 4 BASED ON THE 2015 UNIFORM MECHANICAL CODE (UMC) WITH CALIFORNIA AMENDMENTS. 5. 2016 CALIFORNIA PLUMBING CODE (CPC) C.C.R., TITLE 24, PART 5 BASED ON THE 2015 UNIFORM PLUMBING CODE (UPC) WITH CALIFORNIA AMENDMENTS. 6. 2016 CALIFORNIA ENERGY CODE C.C.R., TITLE 24, PART 6. 7. 2016 CALIFORNIA FIRE CODE (CFC) C.C.R., TITLE 24, PART 9 BASED ON THE 2015 INTERNATIONAL FIRE CODE (IFC) WITH CALIFORNIA AMENDMENTS. 8. 2016 CALIFORNIA GREEN BUILDING STANDARDS CODE C.C.R., TITLE 24, PART 11. 9. 2016 CALIFORNIA REFERENCED STANDARDS CODE C.C.R., TITLE 24, PART 12. 10. TITLE 19 C.C.R., PUBLIC SAFETY, STATE FIRE MARSHAL REGULATIONS. 11. NATIONAL FIRE ALARM CODE (NFPA 72) 2016. 12. CITY OF CUPERTINO ORDINANCES, CODES, AND REGULATIONS. STANDARDS: 1. AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI) 2. ELECTRONICS INDUSTRIES ASSOCIATION (EIA) 3. INSTITUTE OF ELECTRICAL AND ELECTRONIC ENGINEERS (IEEE) 4. NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION (NEMA) 5. NATIONAL ELECTRICAL TESTING ASSOCIATION (NETA) 6. UNDERWRITER LABORATORIES (UL) 7. CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH ACT STANDARDS (CAL/OSHA) TYPE DESCRIPTION MANUFACTURERLAMPS LIGHT FIXTURE SCHEDULE X1 CARA 83W SERIES ACCESS FIXTURES LED 83W912"W x 11 34"D x 3 18" H, POLE MOUNTED, WILDLIFE FRIENDLY LED LIGHT FIXTURE, DIE-CAST ALUMINUM, PRISMATIC GLASS LENS, BRONZE COLOR, MOUNT ON 12 FOOT WITH DIRECT SQUARE MOUNTING ARM, 4" SQUARE STEEL POLE, 120V DRIVER 585nm-595nm POLE:PHILIPS LUMEC S7" DIA. x 41 58" H, WILDLIFE FRIENDLY LED BOLLARD, CORROSION RESISTANT EXTRUDED ALUMINUM HOUSING, BRONZE COLOR FINISH, LOVERED REFLECTOR, CLEAR POLYCARBONATE LENS, 120V DRIVER.X2 #APS4J-12 LUVO 18 SERIES ACCESS FIXTURES LED 18W 590nm G: \ P r o j e c t s \ 1 6 J o b s \ 1 6 3 7 2 . 0 1 M c C l e l l a n W e s t P a r k i n g L o t L i g h t s \ D w g s 0 1 \ 1 6 3 7 2 E 1 . 0 . d w g , 9 / 4 / 2 0 1 8 1 : 5 6 : 4 3 P M , e l i a s , DW G T o P D F . p c 3 SHEET AGENCY APPROVAL REVISIONS NO. DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.18 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS 60 Garden Court Suite 210 Monterey, CA 93940 T.831.646.3330 F.831.646.3336 www.acemb.com Project No. ONTEREY NGINEERS ONSULTING E M URUMA C AY, INC.B 16372.01 CADD E.O.B. AS NOTED E2.0 EL E C T R I C A L S I T E P L A N ELECTRICAL SITE PLAN SCALE: 1"=20'-0" 20'10'0' 20' NORTH (N) PG&E TRANSFORMER MOUNTED ON EXISTING UTILITY POLE M LM M L L L L S M M M M S S S S M M M LLL L M L ML M M L MS M M SS L LLLLLLLLL M M M LL L L LLL L LL L L L L L L LL L L LL L L L L L L LL LL L L L L L L L L L L SM S M L MS L M M M M M M S S S S S S S S S S S S SM M M M M MS L L L L L L M M S M M S S S L MS L S L X1 X1 (N) 100A, 120/240V, 1Ø, 3 WIRE METERED PEDESTAL 2 E3.0 TYPICAL1 E3.0 X1 X2 X2 TYP.5 E3.0 TYPICAL3 E3.0 G: \ P r o j e c t s \ 1 6 J o b s \ 1 6 3 7 2 . 0 1 M c C l e l l a n W e s t P a r k i n g L o t L i g h t s \ D w g s 0 1 \ 1 6 3 7 2 E 2 . 0 . d w g , 9 / 4 / 2 0 1 8 1 : 5 6 : 5 5 P M , e l i a s , DW G T o P D F . p c 3 SHEET AGENCY APPROVAL REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.18 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS 60 Garden Court Suite 210 Monterey, CA 93940 T.831.646.3330 F.831.646.3336 www.acemb.com Project No. ONTEREY NGINEERS ONSULTING E M URUMA C AY, INC.B 16372.01 CADD E.O.B. AS NOTED E2.0PH PH O T O M E T R I C S I T E P L A N PHOTOMETRIC SITE PLAN NO SCALE NORTH Statistics Description Symbol Avg Max Min Max/Min Avg/Min Parking Lot 0.6 fc 4.8 fc 0.0 fc N/A N/A Walkway 0.1 fc 2.3 fc 0.0 fc N/A N/A Schedule Symbol Label Manufacturer Catalog Number Description Lamp Number Lamps Filename Lumens Per Lamp Light Loss Factor Wattage X1 ACCESS FIXTURES CARA 83w Amber CARA 83w WITH ONE 112W AF AMBER LED ARRAY, CLEAR GLASS LENS 92 CREE XBD 2525 LEDS 1 CARA 81W Amber.ies 3832.936 0.89 83 X2 ACCESS FIXTURES AF33XBOLQF1X15UAM LUVO 15w ONE AF 15 WATT AMBER LED ARRAY 14 CREE XBD 2525 LEDS 1 LUVO 15w Amber.IES 186.8626 1.1 18 X X M LM M L L L L S M M M M S S S S M M M LLL L M L ML M M L MS M M SS L LLLLLLLLL M M M LL L L LLL L LL L L L L L L LL L L LL L L L L L L LL LL L L L L L L L L L L SM S M L MS L M M M M M M S S S S S S S S S S S S SM M M M M MS L L L L L L M M S M M S S S L MS L S L X1 X1 X1 X2 X2 2.8 4.3 3.7 2.2 1.2 0.6 0.3 0.2 0.7 1.4 2.5 3.7 4.0 3.2 2.0 1.1 0.6 0.3 0.2 0.2 0.3 0.6 1.1 1.7 2.4 2.6 2.1 1.4 0.9 0.5 0.3 0.2 0.1 0.1 0.1 0.3 0.4 0.7 1.0 1.3 1.4 1.2 0.9 0.6 0.4 0.2 0.1 0.1 0.1 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.6 0.5 0.3 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.3 0.4 0.4 0.3 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.3 0.3 0.4 0.3 0.3 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.3 0.4 0.5 0.7 0.7 0.6 0.4 0.3 0.2 0.1 0.1 0.1 0.2 0.2 0.1 0.1 0.1 0.1 0.2 0.3 0.4 0.7 1.1 1.3 1.3 1.0 0.7 0.4 0.3 0.2 0.1 0.1 0.4 0.4 0.3 0.2 0.2 0.1 0.2 0.2 0.4 0.6 1.3 1.9 2.4 2.4 1.8 1.2 0.6 0.4 0.2 0.1 0.1 0.8 0.6 0.5 0.3 0.2 0.2 0.2 0.3 0.5 1.0 1.7 2.9 3.9 3.8 2.7 1.6 0.9 0.5 1.5 1.2 0.8 0.5 0.3 0.2 0.2 0.3 0.6 1.1 2.0 3.3 4.6 4.6 3.2 2.8 2.6 1.9 1.2 0.6 0.4 0.3 0.2 0.3 0.5 1.0 1.7 2.9 3.9 3.9 4.2 3.8 2.6 1.5 0.7 0.4 0.3 0.2 0.3 0.5 0.7 1.3 2.0 2.5 4.7 4.3 2.9 1.6 0.8 0.4 0.3 0.2 0.2 0.3 0.5 0.8 1.2 1.4 3.7 3.4 2.4 1.4 0.7 0.4 0.2 0.2 0.2 0.2 0.4 0.5 0.6 0.8 2.2 2.1 1.6 1.0 0.5 0.3 0.2 0.2 0.1 0.2 0.2 0.3 0.4 0.4 1.2 1.1 0.9 0.6 0.4 0.2 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.6 0.6 0.5 0.4 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.3 0.3 0.3 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 4.8 0.1 0.1 1 1 0.2 0.1 0.4 0.1 0.1 0.6 0.1 1.1 0.2 0.1 0.1 0.4 0.2 0.6 0.1 0.9 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.3 2.3 G: \ P r o j e c t s \ 1 6 J o b s \ 1 6 3 7 2 . 0 1 M c C l e l l a n W e s t P a r k i n g L o t L i g h t s \ D w g s 0 1 \ 1 6 3 7 2 E 2 . 0 P H . d w g , 9 / 4 / 2 0 1 8 1 : 5 7 : 0 4 P M , e l i a s , DW G T o P D F . p c 3 SHEET AGENCY APPROVAL REVISIONS NO. DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.18 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS 60 Garden Court Suite 210 Monterey, CA 93940 T.831.646.3330 F.831.646.3336 www.acemb.com Project No. ONTEREY NGINEERS ONSULTING E M URUMA C AY, INC.B 16372.01 CADD E.O.B. AS NOTED E3.0 EL E C T R I C A L S I N G L E L I N E D I A G R A M & DE T A I L S ELECTRICAL SINGLE LINE DIAGRAM & DETAILS LIGHT FIXTURE TYPE "X1" DETAIL1NO SCALE ELECTRICAL SERVICE PEDESTAL DETAIL2NO SCALE TYPICAL TRENCH SECTION NO SCALE5 SAND BACKFILL FILL, SEE SPECS MIN. 95% COMPACT EARTH AC PAVING OR CONC. WHEN OCCURS QUANTITY, SIZES & USAGE CONDUIT, SEE PLANS FOR NOTE: 3" MIN.(TYP.) 3" MIN.(TYP.) GRADE 24 " M I N . FINISHED BASE MATERIAL TO BE REPLACED TO THE DEPTH OF EXISTING BASE AND COMPACTED TO A MIN. 95% RELATIVE COMPACTION. A.C. MAY BE SUBSTITUTED FOR BASE MATERIAL. WHEN USED AS BACKFILL, CLASS 100-E-100 P.C.C. MAY BE SUBSTITUTED FOR BASE MATERIAL. 24" MIN. U.O.N. TYPICAL PULLBOX DETAIL4 FINISHED GRADE GROUT FILL (TYPICAL) CONDUIT 90° BELL ENDS 12" 6" PULL BOX PROVIDE EXTENSIONS AS REQUIRED 1 12" MIN. DIA. DRAIN ROCK TYPICAL TRAFFIC RATED CONCRETE BOX AND BOLT-DOWN LID (H/20 LOADING) NO SCALE 3" TYP. 3" TYP. DETAIL NOTES: 36" 36" 6 5 4 8 7 18" 15 2 16 12 14 3 13 1 11 10 9 17 1. LEVELING NUTS. 2. CONCRETE BASE, MINIMUM 3000 PSI (COMPRESSIVE STRENGTH - 28 DAYS MIN). 3.3 3 TIES IN UPPER 5' OF BASE. 4. BASE COVER. 5. RIGID STEEL ELBOWS AND CONDUIT, WRAP WITH PVC TAPE OVERLAPPED 50%. 6. FINISHED GRADE. 7. LUMINAIRE POLE. 8. HAND HOLE. 9. GROUNDING LUG. 10. GROUND CONDUCTOR. 11. BUSHING, ON CONDUIT(S), CAP BEFORE POURING CONCRETE. 12. ANCHOR BOLT; QUANTITY & SIZE PER POLE MFGR. FURNISHED WITH POLE. ANCHOR BOLTS SHALL BE WITHIN VERTICAL REBAR CAGE 13. GROUT FILL WITH 45 DEGREE BEVEL. 14. PVC SCH 40 FROM RIGID STEEL ELBOWS TO PULLBOX. 15. SIX VERTICAL REBAR (#4 GRADE 40 MINIMUM), EQUAL SPACING & HOOK ENDS. 16. HORIZONTAL TIES REBAR (#4 GRADE 40 MINIMUM), 9" 0.C. 17. #10 EQUIPMENT GROUNDING CONDUCTOR FROM POLE GROUND LUG TO LUMINAIRE. 3 LIGHT FIXTURE TYPE "X2" DETAIL 12" 18" 1 2 3 4 5 6 CHRISTY #N16, LID LABELED "LIGHTING".4 E3.0 BASE PLAN DRAW LATCH PADLOCKABLE DELIVERING NOT MORE THAN: SUITABLE FOR USE ON A CIRCUIT CAPABLE OF INDUSTRIAL CONTROL PANEL WIRES METER SOCKET RATING: 100AMP ENCLOSURE: TYPE 3R AMPERES RMS SYM. VOLTAGE PHASE VOLTAGEAT V # # MAINS HZAMPERES T- 1. EXTERIOR 12 GA. H.D. STAINLESS STEEL AND INTERIOR 14 GA. COLD ROLLED 4. NUTS, BOLTS & SCREWS WILL NOT BE VISIBLE FROM OUTSIDE OF ENCLOSURE. 6. CONTROL WIRING WILL BE MARKED AT BOTH ENDS BY PERMANENT WIRE MARKERS. 8. ENCLOSURE WILL BE FACTORY WIRED AND CONFORM TO REQUIRED NEMA THE FRONT DOOR. 2. CONSTRUCTION WILL BE NEMA 3R, RAINTIGHT. 3. ALL NUTS, BOLTS AND SCREWS WILL BE STAINLESS STEEL. 5. NAMEPLATES WILL BE PROVIDED AS REQUIRED. STEEL ELECTRICALLY WELDED AND REINFORCED WHERE REQUIRED. 7. A PLASTIC COVERED WIRING DIAGRAM WILL BE ATTACHED TO THE INSIDE OF ENCLOSURE CONSTRUCTION NOTES: AND UL 508A STANDARDS. EXCEED 80% OFBREAKER AMPERAGE 240V NOT TO 10,000 120/240 31 240 26-100 60100 6 E3.0 FINISHED GRADE 4" GRID.; 2500 PSI @ WITH STEEL WIRE MESH 28 DAY CONCRETE 24" 2" 1", TYP. ALL SIDES SIDE FRONT #6 AWG DISCONNECT SERVICE 100/2 TEST BYPASS S/N GND 20 TIME CLOCK MAIN RATED AT 10K AIC 20 SPACE SPARE SPACE 20 SPARELOCAL UTILITY SERVICE 120/240V 1 PHASE 3 WIRE LANDINGPAD MAINDISCONNECTPROVIDED BYOTHERS TC AUTO TEST H 30/2C1 1 C1 METERING DIA 420 PARKING LOT LIGHTING 20 20 J 20 BUILT-IN IRRIGATION CONTROLLER C1 LID LABELED "GROUND ROD" CHRISTY "F8" GROUND ROD BOX COAT ALL INSIDE SURFACES W/SEALANT 3/4" x 10'-0 COPPERCLAD GROUND ROD GROUND CONDUCTOR GROUT BOTTOM MINIMUM 3" SEAL CONDUIT WATERTIGHT FINISHED GRADE GROUND CLAMP 96 " M I N . 18 " M I N . UNDISTURBED EARTH NOTE: WHERE METAL CONDUIT USED IN LIEU OF PVC, PROVIDE GROUND BUSHINGS & BONDS PER CODE. GROUND ROD DETAIL NO SCALE6 PATHWAY LIGHTING 15'-0" G: \ P r o j e c t s \ 1 6 J o b s \ 1 6 3 7 2 . 0 1 M c C l e l l a n W e s t P a r k i n g L o t L i g h t s \ D w g s 0 1 \ 1 6 3 7 2 E 3 . 0 . d w g , 9 / 4 / 2 0 1 8 1 : 5 7 : 2 0 P M , e l i a s , DW G T o P D F . p c 3 SHEET AGENCY APPROVAL REVISIONS NO.DATE PURPOSE DRAWN BY CHECKED SCALE DATE JOB 09.04.18 160021.00 303 potrero street, suite 40-c santa cruz, ca 95060 p: 831.459.0455 f: 831-459-0484 www.ssala.com crla no. 2805 LANDSCAPE ARCHITECTS 60 Garden Court Suite 210 Monterey, CA 93940 T.831.646.3330 F.831.646.3336 www.acemb.com Project No. ONTEREY NGINEERS ONSULTING E M URUMA C AY, INC.B 16372.01 CADD E.O.B. AS NOTED E4.0 CA L I F O R N I A E N E R G Y C O M P L I A N C E TI T L E 2 4 ( B U I L D I N G E X T E R I O R ) CALIFORNIA ENERGY COMPLIANCE TITLE 24 (BUILDING EXTERIOR) 5/8/2018 5/8/2018 5/8/2018 G: \ P r o j e c t s \ 1 6 J o b s \ 1 6 3 7 2 . 0 1 M c C l e l l a n W e s t P a r k i n g L o t L i g h t s \ D w g s 0 1 \ 1 6 3 7 2 E 4 . 0 . d w g , 9 / 4 / 2 0 1 8 1 : 5 7 : 2 9 P M , e l i a s , DW G T o P D F . p c 3 CITY OF II CUPERTINO DATE: 1/7/2019 Contractor: Galeb Paving, Inc. McClella1~ Ranch West Parking Lot lmpi·ovements PROJECT NO. 2017-05 CONTRACTCHANGEORDERl CCO# 1 P.O.# 2019-00000344 Acct.# 12340 Saratoga-Sunnyvale Road Saratoga CA 95070 The following changes are hereby approved, notwithstanding language in any attachment to th e conh·aiy, Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and eve1y claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Ordt:r is hereby re leased and waived by all such Subcontractors and suppliers at all tiers. Change City Authorization Description $32,900.00 No. Type and No. Provide the labor and equipment to clear out & rough grade the Conummity 1 Limited scope; Garden site as requested following the Community Garden rejection of al I bids received from Project 2017-15. Owner J:o pay disposal fees at Newby Island Landfill. $32,900.00 Page 1 cco 001 CITY OF a McClellan Ranch West Parldng Lot Improvements PROJECT NO. 2017-05 CONTRACTCHANGEORDERl CUPERTINO Total Change Order No.1 Total Project: Original Contract 605,082.88 Change Order No.1 $ 32,900.00 Revised Contract $ Schedule Impact: Project Final Completion Date: Revised Final Completion Date: 637 ,982.88 14 working days 4/21/2019 5/2/2019 $ $ Total Change Orders 32,900.00 I o0),082Jrn 32 ,900 .00 $32,900.00 APPROVED BY: /~~~ City of ~ e1tino Michaep,immermann City P i/6jcct Manager 4i::L23 C1ty o~upertino Date: c:k?:M~ Gilbane Bu1lding Company Tim McBrian Project Manager Date: Page 2 Roger Lee Acting Director of Public Works Date: ~ Galeb Paving, Inc . Project Manager Date: cco 001