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20-157 Redgwick Construction Co., Linda Vista Trail Project Contract This public works contract (“Contract”) is entered into by and between the City of Cupertino (“City”), a municipal corporation, and Redgwick Construction Co. (“Contractor”), for work on the Linda Vista Trail 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 November 17, 2020, City authorized award of this Contract to Contractor for the amount set forth in Section 4 below. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract: 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment Bond, and Performance Bond; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Award; 2.12 Notice to Proceed; 2.13 City of Cupertino Standard Details; and 2.14 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, onsite facilities and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $502,788.00 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5. Time for Completion. Contractor will fully complete the Work for the Project no later than May 1, 2021. 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 $1,000 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. 7. Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code section 1725.5, subject to limited legal exceptions. 8. Workers’ Compensation Certification. Pursuant to 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 requirement or in violation of any California law, including Government Code section 1090 et seq., or 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 requirement 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. 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Name: City of Cupertino Address: 10300 Torre Avenue City/State/Zip: Cupertino, CA 95014 Phone: 408-777-3354 Attn: Jo Anne Johnson Email: joannej@cupertino.org Copy to: pwinvoices@cupertino.org Contractor: Name:Redgwick Construction Company Address: 21 Hegenberger Court City/State/Zip: Oakland, CA 94621 Phone: 510-792-1727 Attn: Bob Rahebi & Travis Miller Email: Bob@redgwick.com, Travis@redgwick.com Copy to: lynn@redgwick.com, eric@redgwick.com, sam@redgwick.com 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedures Section 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside Santa Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents, 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 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally 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.] The parties agree to this Contract as witnessed by the signatures below: CONTRACTOR Redgwick Construction Co. CITY OF CUPERTINO <insert full name of Contractor above> A Municipal Corporation By By ___________________________ Name_______________________ Deborah L. Feng Title City Manager Date _______________________ Date ________________________ By Name_______________________ Title Date _______________________ APPROVED AS TO FORM: By ____________________________ Name__________________________ City Attorney Date___________________________ ATTEST: _____________________________ Kirsten Squarcia City Clerk Date____________________________ Contract Amount: $502,788.00 P.O. No. ________________________ Account No. 420-99-084 END OF CONTRACT Bob Rahebi President Dec 15, 2020 Bob Rahebi Travis Miller Vice President Dec 15, 2020 Travis Miller Heather M. Minner Dec 15, 2020 Heather M. Minner Deb Feng Dec 15, 2020 Dec 15, 2020 Revised: July 13, 2020 – Public Works Contracts 1 Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s (“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement (“Contract”), includes immediate compliance by Contractor and its subcontractors with the restrictions on travel and the Social Distancing Requirements set forth in the most recent health order issued by the County of Santa Clara Health Department in response to the COVID-19 pandemic, and any subsequent amendments or superseding orders thereto (the “Health Order”), and any other local, state, or federal laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”). B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social distancing requirements in the Health Order when preforming work under this Contract. If a scope of work item, notice to proceed, or work order under this Contract specifies work that cannot be performed in compliance with the Health Order or other Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to require any person at high risk of severe illness from COVID-19 to leave their residence to perform work under the Contract. Contractor will inform the City if other arrangements for the work must be made, and City will do so, with no penalty to Contractor, although Contractor will not be compensated for work performed by the City or third parties. Information from the Center for Disease Control ("CDC") on "high risk" categories is available at the CDC's website at: https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html. D. Health Order Requirements and Best Practices. Contractor will immediately undertake all appropriate measures to ensure compliance with the Social Distancing Requirements in the Health Order by all individuals on any project site or work area performing work under this Contract, including Contractor's or any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as required by the Health Order or other Health Laws. In particular, Contractor must comply with the provisions of the County’s Mandatory Directive for Construction Projects (attached hereto), as applicable. Further, as long as required by the operative Health Order or Mandatory Directive for Construction Projects, or other Health Laws, these measures shall include, but are not limited to, the following best practices: 1. Information. Inform all workers of the Social Distancing Requirements and these best practices, including any updates or modifications, and require compliance as a condition to being present on the project site or work area. Revised: July 13, 2020 – Public Works Contracts 2 2. Social Distancing Protocol. Fill out and submit the newest version of the Social Distancing Protocol to the County, using the County’s online form available at https://www.sccgov.org/sites/covid19/Pages/social-distancing-protocol.aspx. 3. Sick Workers. Prohibit any individuals who have been tentatively or conclusively diagnosed with COVID-19 or who have any symptoms of illness, including the following, from entering or remaining on the project site or work area: fever, cough, shortness of breath, sore throat, body aches, chills, sudden loss of smell or taste or other flu-like symptoms. Encourage sick workers to get immediate medical attention. 4. Signage/Posters. As required, post or distribute (1) the most updated version of the COVID-19 PREPARED Sign, and (2) a Social Distancing Protocol Visitor Information Sheet. 5. Face Coverings. Everyone at a job site must wear a face covering at all time, except children under the age of 2, people who are medically prevented from wearing a face covering, and for communication by or with people who are hearing impaired. 6. Sanitary Facilities. Ensure adequate handwashing and/or hand-sanitizing facilities are available at all times and encourage frequent handwashing and/or hand-sanitizing throughout the day as specified below. Portable sanitary facilities must be serviced and cleaned on a daily basis. Provide hand sanitizer in or around all toilet facilities and common areas, including project trailers. a. Handwashing. Wash hands using soap and water for at least 20 seconds. b. Hand-sanitizer. Use a hand sanitizer that contains at least 60-95% alcohol when handwashing is not immediately available. c. Paper Products. Ensure that toilet paper, tissues, and paper towels are available as appropriate, with designated receptacles for disposal. 7. Distancing. Prohibit workers from being less than six feet apart, unless and only to the extent that would compromise worker safety or violate safety Laws for specific operations. Prohibit handshaking or any physical contact among workers, with the sole and limited exception of any physical contact required for worker safety or to comply with safety Laws. Avoid sharing tools to the extent possible. Require workers to provide their own transportation where possible and to avoid having more than two workers in a vehicle. 8. Groups/Meetings/Site Access. Avoid any group gatherings of 10 or more people. Use electronic alternatives to in person meetings, e.g., conference calls, video-conferencing, etc., to the greatest extent possible. Limit access to the project site or any work area to workers who are necessary to perform the work at that time. Allow non-essential Revised: July 13, 2020 – Public Works Contracts 3 personnel to work from home to the extent possible. Avoid all non-essential travel. Do not stack trades if possible. 9. Frequent Cleaning. Provide for regular and appropriate cleaning of all high touch surfaces at a project site or work area, including, but not limited to, shared tools or equipment, doorknobs and handles, toolboxes, sanitary facilities, common break areas, keypads, touch screens, project trailer surfaces and equipment, light or power switches, workstations, countertops, break areas, and the like. Clean and/or disinfect any reusable items or equipment. Clean surfaces of shared vehicles, including steering wheels, gear shifts, handles, instrument panels, etc. Ensure that cleaning products are used correctly and safely, and avoid cleaning techniques, such as use of pressurized air or water sprays, that may generate bioaerosols. 10. Personal Protective Equipment. When workers cannot avoid close proximity or physical contact, e.g., based on applicable safety laws, or are otherwise at risk for exposure to COVID-19, ensure that the affected workers are provided with appropriate personal protective equipment ("PPE"), which may include disposable gloves and/or other PPE. Instruct workers to wash or sanitize hands after removing gloves or other PPE. Ensure that all personal protective equipment is disposed of properly. 11. Water and Food. Prohibit shared or communal food or common water coolers. Provide individual water bottles for workers or instruct workers to bring their own. 12. Enforcement. Immediately eject any worker who fails or refuses to comply with the Health Laws, Social Distancing Requirements, or these best practices from the project site until or unless the Project Manager issues a written authorization for the worker to return, subject to full compliance. F. Proof of Compliance. If Contractor is subject to the Mandatory Directive for Construction Projects, Contractor must provide to the City the name and contact information for its designated site-specific COVID-19 supervisor(s). E. Oversight. In other to ensure that all workers comply with the Social Distancing Requirements to the extent possible, Contractor shall designate a named individual to have primary responsibility for implementation and enforcement of the Social Distancing Requirements and these best practices, and to serve as the primary point of contact with the City in this regard. Contractor shall promptly inform the City of the name of this individual. F. Changed Requirements. It is understood and acknowledged that circumstances pertaining to the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with the City to implement new or changed requirements as quickly as possible. Revised: July 13, 2020 – Public Works Contracts 4 G. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require any agents, subcontractors, or subconsultants to comply with its provisions. Attachments to Exhibit A-A Santa Clara County Mandatory Directive for Construction Projects 1228578.5 Effective July 13, 2020sccgov.org/coronavirus ConstructionProjects MANDATORY DIRECTIVE: Issued: July 7, 2020 County of Santa Clara Public Health Department Health Officer 976 Lenzen Avenue, 2nd Floor San José, CA 95126 408.792.5040 Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 1 of 12 Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith MANDATORY DIRECTIVE FOR CONSTRUCTION PROJECTS *Please confirm that your facility and/or construction project jobsite may open under the State Order. Where there is a difference between the local County Order and the State Order, the more restrictive order must be followed. The State also has specific guidance for certain facilities that must be followed in addition to this mandatory directive.* Issued: July 7, 2020 Information on the State’s Order and State guidance is available at covid19.ca.gov. While the construction industry is critical to ensuring a safe and sufficient supply of residential and commercial space, construction work can also pose significant risks to public health due to the COVID-19 pandemic. Because construction projects typically involve many workers actively working on a jobsite at the same time, often in close proximity to one another or sharing equipment, businesses and individuals performing and overseeing construction projects must take extra precautions to reduce the risk of COVID-19 transmission for workers, visitors, and others. This Directive applies to all construction projects, but the restrictions vary by the size of the project, as specified below. “Construction project” means any work (including a public works project) carried out in connection with the construction, alteration, conversion, fitting-out, remodel, renovation, refurbishment, demolition, decommissioning, or dismantling of a building or other structure; the preparation of a physical site for any such activity; and education or training at which any such activity is taught through onsite practice or experience. “Construction project” does not include architectural, design, financial, or administrative work related to a construction project, unless that work occurs at the construction jobsite. “Construction project” also does not include basic repair or maintenance work, which means a repair or maintenance job that requires no more than 2 workers and no more than 2 days and that is not architecturally, financially, or administratively associated with an active construction project. This Directive explains how construction projects may operate. This Directive is mandatory, and failure to follow it is a violation of the Health Officer’s Order issued on July 2, 2020 (“Order”). Construction projects must comply with the Order and all requirements of this Directive. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 2 of 12 The Order Issued July 2 The Order imposes several restrictions on all businesses and activities to ensure that the County stays as safe as possible, including but not limited to the following: The Social Distancing Protocol: All businesses must fill out and submit the newest version of the Social Distancing Protocol to the County using the online form, available here. The Protocol is submitted under penalty of perjury, meaning that everything written on the form must be truthful and accurate to the best of the signer’s knowledge, and submitting false information is a crime. The Protocol must be distributed to all workers, and it must be accessible to all officials who are enforcing the Order. Businesses are responsible for ensuring that workers understand and are trained on Protocol requirements in a language that they understand. For any business that only performs services for dispersed facilities or worksites that the business does not own or operate, the business must complete a Social Distancing Protocol for its operation as a whole. For any business that has a facility, but also provides services at dispersed facilities or worksites that the business does not own or operate, the business must complete a Social Distancing Protocol for its own facility and provide that Protocol to the owners or operators of any facility where it operates.  Example: A construction company serves as a subcontractor on various jobsites throughout the County and also operates a base facility within the County, where it maintains its vehicles and equipment. The subcontractor must complete a Social Distancing Protocol for its base facility. It must also distribute the Protocol to the owners or operators of the jobsites to which it sends its workers. The subcontractor’s workers must be given a copy of, be trained on, and comply with the measures in both the subcontractor’s Social Distancing Protocol and the Social Distancing Protocol for any jobsite at which they are performing work. • Signage: All businesses must print (1) an updated COVID-19 PREPARED Sign and (2) a Social Distancing Protocol Visitor Information Sheet, and both must be posted prominently at all facility entrances. These are available for printing after submission of the Social Distancing Protocol online.  Businesses do not need to post these documents if they do not have their own facility or worksite and only perform services for dispersed facilities or worksites that the business does not own or operate. • Face Coverings: Everyone at a business facility or worksite must wear a face covering at all times (except very young children, people for whom face coverings are medically inadvisable, or for communication by or with people who are hearing impaired). Face coverings must be worn even while working at a construction project. Workers do not need to wear face covering if it would create a risk to the person related to their work, in accordance with local, state, or federal workplace safety guidelines. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 3 of 12 • Density Limitation: All businesses must limit the number of people who may be inside the facility at the same time. For staff members, the limit is 1 person per 250 gross square feet of indoor facility space (this means total space, including areas open only to staff like storage rooms). For members of the public, the limit is 1 person per 150 square feet of space open to the public. The density requirements tell businesses how many people (staff or clients) they can let inside the facility before another person leaves. Children under 12 who are accompanying a parent or guardian do not count against the limit, but everyone age 12 and over does. This Directive describes a limited exception to the density limitation applicable only to construction project jobsites. See the Order and the FAQ page for more details. In addition to these general requirements applicable to all businesses under the Order, construction projects must comply with the following directives. Construction Projects on Own Residence Exempted This Directive does not apply to construction projects where a person is performing construction on their current residence alone or solely with members of their own household. Rules for Single-Worker Construction Projects This section lists the requirements for construction projects performed by only 1 worker, such as someone who is working alone on a kitchen remodel project. This section for single-worker projects does not apply to construction projects that involve multiple workers, even if only 1 worker is at the jobsite at any time; those projects must follow the Rules For All Construction Projects, which are listed in the next section. a. If the worker is working for a business, the worker must comply with the Social Distancing Protocol of that business. b. The worker must maintain 6 feet of social distance from all other people at all times, including when entering and leaving the work area or building. c. The worker must use and properly wear face coverings. In addition, the worker must wear other personal protective equipment (PPE) appropriate for use in construction, including gloves, goggles, and/or face shields. d. To the extent possible, the worker must seal off the work area so that there is a barrier between the worker and any other people in the building. For example, a worker performing construction in the hallway of a residence must install a barrier (such as plastic sheeting) between the area where the worker is working and the rest of the hallway. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 4 of 12 e. The worker must frequently wash hands with soap and water for at least 20 seconds or use hand sanitizer with at least 60% alcohol. f. The worker must not work or come to the jobsite if the worker has a fever, cough, or any other COVID-19 symptoms. g. The worker must maintain records of the dates and times the worker was at the jobsite and must make those records immediately available upon request to any County official. h. If the worker tests positive for COVID-19, the worker must notify the County Public Health Department within 4 hours of learning of the positive result by following the instructions at www.sccsafeworkplace.org. Rules for All Construction Projects (Except Single-Worker Construction Projects) This section lists requirements for all construction projects (other than single-worker construction projects). *Note: Large Construction Projects must also follow additional requirements, which are described beginning on page 9.* 1. Responsibilities of the General Contractor and Subcontractors a. The business with the responsibility to oversee a construction project, described in this Directive as the “General Contractor,” must complete and submit a Social Distancing Protocol specific to the construction project jobsite. (The General Contractor may also need to submit social distancing protocols for its base facility or for other jobsites subject to this Directive.) b. The General Contractor is responsible for ensuring that all work and operations at the construction jobsite is performed in compliance with the Order, this Directive, and the jobsite-specific Social Distancing Protocol. c. The General Contractor must train its workers to comply with the Order, this Directive, and the jobsite-specific Social Distancing Protocol. d. Subcontractors do not need to submit their own jobsite-specific Social Distancing Protocols for the same site, but the General Contractor must not allow any subcontractor onto the jobsite unless that subcontractor has given the General Contractor a signed certification that: i. the subcontractor has reviewed the Order and this Directive and will comply with them; Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 5 of 12 ii. the subcontractor has reviewed the General Contractor’s jobsite-specific Social Distancing Protocol and trained its workers on that Protocol; and iii. the subcontractor has completed and submitted its own Social Distancing Protocol covering its operations, and has provided a copy of that Protocol to the General Contractor. 2. General Contractors and Subcontractors Must Report COVID-19 Positive Cases a. Whenever the General Contractor learns that a person who has tested positive for COVID-19 was at the jobsite within 48 hours of the date they were tested or within 48 hours of becoming symptomatic, the General Contractor must immediately implement the jobsite-specific Social Distancing Protocol’s procedures for when a person tests positive for COVID-19. All positive cases must be reported by following the instructions at www.sccsafeworkplace.org. b. All subcontractors must immediately (within 1 hour, regardless of the time of day) alert the General Contractor as soon as they learn that an employee has tested positive who is currently at the jobsite, or who was at the jobsite within 48 hours of the date they were tested or within 48 hours of becoming symptomatic. This reporting requirement is in addition to the subcontractor’s own reporting requirements under the Order and the procedures in the subcontractor’s Social Distancing Protocol. 3. Cleaning After Positive Case Identified Upon learning of a confirmed positive case at the jobsite within the last 48 hours, any location where the infected worker was known to have been present must be immediately closed and sanitized. Work in these locations must cease until sanitization is complete. 4. General Contractor is Responsible for Ensuring the Jobsite is Operated Safely Following All Legal Requirements a. The General Contractor must ensure that everyone at the jobsite—including its own workers, the subcontractors’ workers, and visitors—complies with the Order, this Directive, the jobsite-specific Social Distancing Protocol, and any other laws and regulations that apply to the work (for example, OSHA and Cal-OSHA requirements). If there is a conflict in what different laws require, the strictest standard applies. b. The General Contractor’s responsibility for ensuring jobsite compliance under this paragraph 4 does not, however, relieve any subcontractors of their own responsibilities under the Order, their Social Distancing Protocol, this Directive, and all other applicable laws and regulations. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 6 of 12 c. Any worker, or any subcontractor, may file a complaint that the General Contractor has not complied with the Order, this Directive, or the jobsite-specific Social Distancing Protocol, or that the General Contractor has failed to require others to comply. Complaints may be filed through the County Office of Labor Standards Enforcement Advice Line (866-870-7725) or website (www.sccfairworkplace.org). 5. Designated COVID-19 Supervisor(s) a. The General Contractor must designate a site-specific COVID-19 Supervisor or Supervisors to enforce the jobsite-specific Social Distancing Protocol and this Directive. The designated COVID-19 Supervisor(s) must be present at the jobsite at all times during construction activities. The COVID-19 Supervisor may be an on-site worker who is designated to serve in this role. The General Contractor must prominently post a sign at all entrances to the jobsite clearly identifying the COVID-19 Supervisor(s) by name and providing their phone number and email address. b. The designated COVID-19 Supervisor(s) must review this Directive and the jobsite-specific Social Distancing Protocol with all workers and other persons at the jobsite. The General Contractor is responsible for making sure this occurs. c. The COVID-19 Supervisor must monitor and ensure implementation at the jobsite of all requirements in this Directive, the jobsite-specific Social Distancing Protocol, and the Order. 6. Seal Off Area of Construction Project from Other Parts of Occupied Sites Where construction work occurs within an occupied residential or commercial building, all of the following rules apply: a. Work areas must, to the extent feasible, be sealed off from the remainder of the building (and from the remainder of the unit, if work is performed within a residential unit) with physical barriers such as plastic sheeting or closed doors sealed with tape. b. If possible, workers must access the work area from entry/exit door(s) different from the entry/exit door(s) used by residents or occupants accessing the remainder of the building that is not under construction. c. Available windows and/or doors must be used to ventilate the work area during the workday and any other times work is performed. d. If residents or occupants have access to the work area between workdays, the Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 7 of 12 work area must be cleaned and sanitized at the beginning and at the end of workdays. e. Every effort must be taken to minimize contact between workers and residents or occupants, including maintaining a minimum of at least 6 feet of social distancing at all times. 7. Personal Protective Equipment (PPE) The General Contractor must obtain, provide at no cost to workers, and require that all workers use personal protective equipment (PPE) appropriate for use in construction, including gloves, goggles, face shields, and face coverings as appropriate for the activity being performed. Face coverings must be worn in compliance with the State’s mandatory Guidance for the Use of Face Coverings and any additional directives issued by the County Health Officer. At no time may medical-grade PPE be used at a construction site unless it is required due to the medical nature of the jobsite or local, state, or federal workplace safety requirements. 8. Social Distancing, Sanitizing, and other Measures a. The General Contractor must: i. Ensure compliance at the jobsite with the Order’s density limitations except to the extremely limited extent a higher density is temporarily necessary to safely carry out a specific job function. 1. The density limitations apply to all indoor areas where construction work is actively being performed. Density limitations do not apply to staging areas or lay-down areas that are separate from the area where construction work is actively being performed. ii. Stagger shifts, breaks, and trade-specific work as necessary to reduce density and allow for easy maintenance of minimum 6-foot distancing. Staggered shifts and breaks must comply with applicable wage and hour laws. 1. All persons must maintain minimum 6-foot distancing except to the extremely limited extent shorter distances are temporarily necessary to safely carry out a specific job function. iii. Eliminate or resolve “choke points” and “high-risk areas” where workers are unable to maintain 6-foot social distancing. The General Contractor must prohibit or limit use of these areas to ensure that 6-foot distance can easily be maintained between individuals. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 8 of 12 iv. If possible, ensure workers eat their meals and take their breaks outdoors, and maintain social distancing during meals and breaks. v. Prohibit gatherings of any size on the jobsite (except for meetings required by this Directive), including gatherings for breaks or eating. Sharing of any food or beverage is strictly prohibited. vi. Cal-OSHA requires employers to provide water. Water must be provided in single-serve containers. vii. Prohibit use of microwaves, water coolers, and other similar shared equipment. b. Workers must: i. Unless strictly necessary to carry out a job function, maintain at all times at least 6-foot social distancing from fellow workers and all site visitors, including delivery workers, design professionals and other project consultants, government agency representatives (including building and fire inspectors), and residents at residential construction sites. ii. Not carpool to and from the jobsite except with others living within the same household unit, or if necessary because they have no alternative means of transportation. If workers from different households must carpool, they must wear face coverings while riding together in the same vehicle, sit at the greatest distance possible, and maintain ventilation by keeping windows open as feasible. 9. Notice for Workers and Visitors of Required Practices The General Contractor must prominently post a notice at all entrances to the jobsite visible to all workers and visitors instructing workers and visitors to do the following: a. Do not touch your face with unwashed hands or with gloves. b. If equipment is shared, it must be fully sanitized before and after each use. c. Wash your hands often with soap and water for at least 20 seconds each time, or use hand sanitizer with at least 60% alcohol. d. Clean and disinfect objects and surfaces you touch often, such as work stations, keyboards, telephones, handrails, machines, shared tools, elevator control buttons, and doorknobs. e. Cover your mouth and nose with a tissue or cloth when you cough or sneeze, or Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 9 of 12 cough or sneeze into your elbow/sleeve – never into your hands. f. Do not enter the jobsite if you have a fever, cough, or other COVID-19 symptoms. If you feel sick, or have been exposed to anyone who is sick, stay at home. g. Constantly make sure you are staying at least 6 feet away from co-workers at all times, unless it is absolutely necessary to get closer to complete a task for the construction project. h. Do not carpool to and from the jobsite with anyone except members of your own household, or if necessary because you have no alternative means of transportation. If you carpool with people from another household, you must wear a face covering while riding together in the same vehicle. i. Do not share phones or PPE. Posters conforming to this requirement are available for download at https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do-flyers.aspx. 10. Cooperate with County’s Case Investigation and Contact Tracing Efforts The General Contractor must maintain a daily attendance log of all workers and visitors at the jobsite that includes contact information (including name, phone number, address, and email) and the date, time, and duration of each person’s presence at the jobsite. If someone on the jobsite tests positive for COVID-19, the General Contractor is legally required to assist the County Public Health Department in any case investigation and contact tracing efforts. 11. Monitor and Inform Supervisors and Subcontractors of Revised Requirements The General Contractor must regularly check for revisions to the Order, this Directive, relevant industry-specific guidance published by the California Department of Public Health, and other relevant rules or guidance. The General Contractor must inform all jobsite supervisors (including the designated COVID-19 Supervisor(s), all field supervisors, foremen, and safety directors) and all subcontractors of any revisions or additions to the requirements for construction projects. Additional Rules for Large Construction Projects This section describes additional requirements that apply only to Large Construction Projects. 12. What is a Large Construction Project? A “Large Construction Project” is a construction project that meets any of the following Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 10 of 12 specifications: a. For residential projects, any single-family, multi-family, senior, student, or other residential construction project consisting of 10 or more units; or b. For commercial projects, any construction project consisting of 20,000 or more square feet of floor area; or c. For mixed-use construction projects, any construction project that meets either of the specifications above in Subparagraphs (a) and (b); or d. Any infrastructure project that requires 20 or more workers at the jobsite at any one time. 13. COVID-19 Supervisor’s Additional Compliance, Monitoring, and Remediation Responsibilities a. The designated COVID-19 Supervisor must: i. Conduct daily briefings in person (with proper social distancing) or by teleconference that must cover the following topics: 1. New jobsite rules and pre-jobsite travel restrictions for the prevention of COVID-19 community spread. 2. Review of sanitizing and hygiene procedures. 3. Worker feedback on improving safety and sanitizing. 4. Coordination of construction site daily cleaning/sanitization requirements. 5. Any newly available information regarding COVID-19. 6. Emergency protocols in the event of an exposure or suspected exposure to COVID-19. ii. Each day, verify and record verification that each jobsite is compliant with this Directive. The General Contractor must collect each written verification, store them for at least 1 year, and make them immediately available upon request to any County official. iii. Conduct the following activities to make sure that the jobsite is ready to fix any violations of this Directive: Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 11 of 12 1. Develop a remediation plan; 2. If any non-compliance is identified, ensure that the remediation plan is implemented, and post the remediation plan at all entrances to the jobsite during the remediation period; 3. Stop any construction activity until the jobsite is back in compliance; and 4. Report repeated non-compliance with this Directive to the appropriate jobsite supervisors and the permitting agency for the local government where the project is located. b. The General Contractor is responsible for making sure the designated COVID-19 Supervisor takes all of these steps. 14. Jobsite Safety Accountability Supervisor (JSAS) The General Contractor must assign a COVID-19 Third-Party Jobsite Safety Accountability Supervisor (JSAS) for the jobsite. The JSAS may not be an employee of the General Contractor. The JSAS must at a minimum hold an OSHA-30 certificate and first-aid training, or equivalent credentials, from within the past 2 years. The JSAS must be trained in the requirements in this Directive and the jobsite-specific Social Distancing Protocol and must verify compliance with those requirements, including by visual inspection and random interviews with workers. The JSAS must inspect the jobsite as often as needed to ensure consistent compliance, but not less than once per week. The JSAS must inspect the jobsite during normal construction hours. a. The General Contractor must prominently post a sign at all entrances to the jobsite visible to all workers and visitors that clearly identifies the JSAS for the jobsite by name and providing their phone number and email address. b. Within 7 calendar days of each jobsite visit, the JSAS must complete a written assessment identifying any failure to comply with this Directive. The written assessment must be copied, stored, and, produced upon request to the County or local permitting agency. c. If the JSAS discovers that a jobsite is not in compliance with this Directive and the jobsite-specific Social Distancing Protocol, the JSAS must work with the designated COVID-19 Supervisor to develop and implement a remediation plan. d. The JSAS must coordinate with the designated COVID-19 Supervisor to prohibit continuation of any work activity not in compliance with this Directive or the jobsite-specific Social Distancing Protocol. The JSAS must make sure that the Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 12 of 12 work activity does not resume until the noncompliance is fixed and the continuing work is compliant with this Directive. e. The remediation plan must be sent to the local permitting agency and a designated County official within 5 calendar days of the JSAS’s discovery of the failure to comply. 15. Translation for Non-English-Speaking Workers The General Contractor must translate (and, where otherwise required, post) all of the following documents as necessary to ensure that all non-English-speaking workers are able to understand the documents: a. The Notice for Workers and Visitors of Required Practices described in Paragraph 9 (on page 8). b. The remediation plan described in Paragraph 13.a.iii.1 (on page 11). Stay Informed For answers to frequently asked questions about this industry and other topics, please see the FAQ page. Please note that this Directive may be updated. For up-to-date information on the Health Officer Order, visit the County Public Health Department’s website at www.sccgov.org/coronavirus. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 11/24/2020 Arthur J. Gallagher & Co. Insurance Brokers of CA, Inc. 1160 Battery Street, Suite 360 San Francisco CA 94111 Certificate Department 415-391-1500 415-391-1882 CertRequests@ajg.com License#: 0726293 The Travelers Indemnity Company of CT 25682 REDGCON-02 Travelers Property Casualty Co of America 25674Redgwick Construction Co. 21 Hegenberger Court Oakland CA 94621 Evanston Insurance Company 35378 Indian Harbor Insurance Company 36940 1286363606 A X 1,000,000 X 300,000 5,000 1,000,000 2,000,000 X Y Y DT22-CO-366K4685-TCT-19 12/31/2019 12/31/2020 2,000,000 B 1,000,000 X X X Y Y 810-1L612615-19-26-G 12/31/2019 12/31/2020 Comp/Coll Deduct 1,000/$1,000 B X 10,000,000 X CUP-0J404992-19-26 12/31/2019Y 12/31/2020 10,000,000 X 10,000 B XYUB-0J403829-19-26-G 12/31/2019 12/31/2020 1,000,000 1,000,000 1,000,000 C D Excess / 2nd Layer Pollution MKLV2EUE100776 PEC004508205 12/31/2019 12/31/2019 12/31/2020 12/31/2020 Each Occur/Aggregate Aggregate 8,000,000 1,000,000 Excess / Umbrella follows form over the general liability, auto, and employers liability policies. Project # 2020-08 RE: Linda Vista Trail Project ADDITIONAL INSURED(S): The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers. NOTICE OF CANCELLATION: The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the certificate if any policy listed on the certificate is cancelled prior to the expiration date. Failure to do so shall impose no obligation or liability of any kind upon the Producer or otherwise alter the policy terms. City of Cupertino Public Works Department City Hal 10300 Torre Avenue Cupertino, CA 95014-3255 DT22-CO-366K4685-TCT-19 DT22-CO-366K4685-TCT-19 DT22-CO-366K4685-TCT-19 DT22-CO-366K4685-TCT-19 DT22-CO-366K4685-TCT-19 DT22-CO-366K4685-TCT-19 DT22-CO-366K4685-TCT-19 DT22-CO-366K4685-TCT-19 810-1L612615-19-26-G 810-1L612615-19-26-G 810-1L612615-19-26-G 810-1L612615-19-26-G UB-0J403829-19-26-G Linda Vista Trail Project NOTICE INVITING BIDS Project # 2020-08 Page 1 Notice Inviting Bids 1. Bid Acceptance. 1.1 The City of Cupertino (“City”) will accept sealed bids for its Linda Vista Trail Project (“Project”), by or before Tuesday November 10, 2020, at 2:00 p.m. 1.2 Electronic Submittals Only. All bids must be submitted in PDF format online at http://apps/cupertino.org/bidmanagement.aspx. Bidders may log into the application using the same account used to access bidding documents. To submit a bid, open the project and select the Electronic Submissions tab. It is recommended that bidders familiarize themselves with the web application prior to the bid due date. Make sure to follow all bid instructions and include required forms. Submitting a bid electronically can take more time than anticipated so please allow enough time to finalize your bid submission by the stated deadline. Bids in process but not completely uploaded by the deadline will automatically be rejected by the system. It will not allow bid submission once the bid closes. 2. Project Information. 2.1 Location and Description. The Project is located east of Deep Cliff golf course between McClellan Rd and Linda Vista Park (APN # 356 05 055) and is described as follows: Earthwork and grading, construction surveying, repair and restore existing trail, installation of Class II AB pathway (a portion of trail), installation of new fencing, remove/replace existing fencing, installation of split rail fencing, tree removal, installation of vehicle and pedestrian gates, and other improvements as shown on the project plans. Earthwork and grading shall be completed as first order of work (weather permitting). . 2.2 Time for Completion. The planned time frame for commencement and completion of construction of the Project is: The project is expected to begin in November 2020, weather permitting. Earthwork and grading shall be completed as the first order of work. All work shall be complete by May 1, 2021. 3.License and Registration Requirements. 3.1 License. This Project requires a valid California contractor’s license for the following classification(s): Class A – General Engineering. 3.2 DIR Registration. City may not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code section 1725.5, subject to limited legal exceptions. Linda Vista Trail Project NOTICE INVITING BIDS Project # 2020-08 Page 2 4.Contract Documents. The plans, specifications, bid forms and contract documents for the Project, and any addenda thereto (“Contract Documents”) are available in electronic form only, and may be downloaded from City’s website under “Open Bids” at: https://apps.cupertino.org/bidmanagement/Index.aspx and may also be available from a local or regional plan room or trade journal. 5. Bid Security. The Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s or certified check made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents. The bid security must guarantee that within ten days after City issues the Notice of Award, the successful bidder will execute the Contract and submit the payment and performance bonds and insurance certificates and endorsements and any other submittals as required by the Contract Documents and specified in the Notice of Award. 6.Prevailing Wage Requirements. 6.1 General. Pursuant to California Labor Code Section 1720 et seq., this Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. 6.2 Rates. These prevailing rates are on file with the City and available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. 6.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code section 1771.4. 7.Performance and Payment Bonds. The successful bidder will be required to provide performance and payment bonds, each for 100% of the Contract Price, as further specified in the Contract Documents. 8. Substitution of Securities. Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted under Public Contract Code section 22300. 9. Subcontractor List. Each Subcontractor must be registered with the DIR to perform work on public projects. Each bidder must submit a completed Subcontractor List form with its Bid Proposal, including the name, location of the place of business, California contractor license number, DIR registration number, and percentage of the Work to be performed (based on the base bid price) for each Subcontractor that will perform Work or service or fabricate or install Work for the prime contractor in excess of one-half of 1% of the bid price or, for construction of streets and highways, $10,000 (whichever is greater), using the Subcontractor List form included with the Contract Documents. 10. Subcontractor Limit. The prime contractor is required to self-perform at least 50% of the Work on the Project, as further specified in the Instructions to Bidders. 11. Bidders’ Conference. A bidders’ conference will be held on Tuesday October 27, 2020 at 10:00 a.m., at trail entrance at Linda Vista Park located at 11000 Linda Vista Dr, Cupertino, CA 95014 for the purpose of acquainting all prospective bidders with the Contract Documents and the Worksite. The bidders’ conference is not mandatory. Linda Vista Trail Project NOTICE INVITING BIDS Project # 2020-08 Page 3 12.Instructions to Bidders. All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a Bid Proposal. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, as defined therein, including this Notice Inviting Bids. By: ___________________________________ Date: ________________ Kirsten Squarcia, City Clerk Publication Date: October 23, 2020 END OF NOTICE INVITING BIDS 10/19/20 Linda Vista Trail Project INSTRUCTIONS TO BIDDERS Project # 2020-08 Page 5 Instructions to Bidders Each Bid Proposal submitted to the City of Cupertino (“City”) for its Linda Vista Trail 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 Section 1 of the Notice Inviting Bids, or as amended by subsequent addendum. Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will be returned unopened. City reserves the right to postpone the date or time for receiving or opening bids. Each bidder is solely responsible for all of its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance and overhead. 1.2 Electronic Bid Submission. All bids must be submitted in PDF format online at: https://apps.cupertino.org/bidmanagement/index.aspx Hard copies in any form will not be accepted. No faxed bids will be accepted. Electronic submittals are the only form of bid that will be accepted. Bidders may log into the application using the account to used to access bidding documents. To submit a bid, open the project and select the Electronic Submission tab. It is recommended that bidders familiarize themselves with the web application prior to the bid due date. Make sure to follow all bid instructions and include all required forms. Submitting a bid electronically can take more time than anticipated so please allow enough time to finalize your bid submission by the stated deadline. Bids in process but not completely uploaded by the deadline will automatically be rejected by the system. It will not allow bid submissions once the bid closes. 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 with the Contract Documents. The Bid Proposal form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible, and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,” “will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by bid security, as set forth in Section 4 below, and by a completed Bid Schedule, Subcontractor List, and Non-Collusion Declaration using the forms included with 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 Linda Vista Trail Project INSTRUCTIONS TO BIDDERS Project # 2020-08 Page 6 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 or certified check, made payable to the City, or bid bond using the form included in the Contract Documents and executed by a surety licensed to do business in the State of California. The bid security must guarantee that, within ten days after issuance of the Notice of 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). 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 Linda Vista Trail Project INSTRUCTIONS TO BIDDERS Project # 2020-08 Page 7 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. Notification of any such error, omissions, inconsistencies, or conflicts must be submitted in writing to the City no later than five Working Days before the schedule bid opening. City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City. 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 any affected utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the third party utility owners to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the affected third party utility owners about their requirements before submitting a Bid Proposal. 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 Linda Vista Trail Project INSTRUCTIONS TO BIDDERS Project # 2020-08 Page 8 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. 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 Jo Anne Johnson, Public Works Project Manager at joannej@cupertino.org Oral responses are not authorized and are not binding on the City. Bidders should submit any such written inquiries at least five working days before the scheduled bid opening. Questions received any later might not be addressed before the bid deadline. An interpretation or clarification by City in response to a written inquiry will be issued in an addendum. 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 be transmitted to registered plan holders thru City’s website. 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 solely 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 against another bidder must be in writing and received by City via email at joannej@cupertino.org before 5:00 p.m. no later than two Working Days following bid opening (the “Bid Protest Deadline”) and must comply with the following requirements: Linda Vista Trail Project INSTRUCTIONS TO BIDDERS Project # 2020-08 Page 9 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. If required by City, the protesting bidder must submit a non-refundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section, 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 of the bid opening or as otherwise provided under Labor Code 1771.1(b). 14.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and must include all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person submitting the protest on behalf of or as an authorized representative of the protesting bidder. 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 Working Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must attach all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person responding on behalf of or representing the protested bidder if different from the protested bidder. 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 Work notwithstanding any pending or continuing challenge to its determination. Linda Vista Trail Project INSTRUCTIONS TO BIDDERS Project # 2020-08 Page 10 15. Reservation of Rights. To the full extent permitted by law, City reserves the unfettered right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities; to accept or reject any or all bids; to cancel or reschedule the bid; to postpone or abandon the Project entirely; or to perform all or part of the Work with its own forces. The Contract will be awarded, if at all, within 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 planned start date for the Project, given in the Notice 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 start date, and it reserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. The City expressly disclaims responsibility for any assumptions a bidder might draw from the presence or absence if information provided by the City in any form. Each bidder is solely responsible for its costs to prepare and submit a bid, including site investigation costs. 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. END OF INSTRUCTIONS TO BIDDERS Revised: July 13, 2020 – Public Works Contracts 1 Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s (“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement (“Contract”), includes immediate compliance by Contractor and its subcontractors with the restrictions on travel and the Social Distancing Requirements set forth in the most recent health order issued by the County of Santa Clara Health Department in response to the COVID-19 pandemic, and any subsequent amendments or superseding orders thereto (the “Health Order”), and any other local, state, or federal laws that have been or may be enacted in response to the COVID-19 pandemic (collectively, “Health Laws”). B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social distancing requirements in the Health Order when preforming work under this Contract. If a scope of work item, notice to proceed, or work order under this Contract specifies work that cannot be performed in compliance with the Health Order or other Health Laws, Contractor shall refrain from conducting the work and immediately inform the City. C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to require any person at high risk of severe illness from COVID-19 to leave their residence to perform work under the Contract. Contractor will inform the City if other arrangements for the work must be made, and City will do so, with no penalty to Contractor, although Contractor will not be compensated for work performed by the City or third parties. Information from the Center for Disease Control ("CDC") on "high risk" categories is available at the CDC's website at: https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html. D. Health Order Requirements and Best Practices. Contractor will immediately undertake all appropriate measures to ensure compliance with the Social Distancing Requirements in the Health Order by all individuals on any project site or work area performing work under this Contract, including Contractor's or any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as required by the Health Order or other Health Laws. In particular, Contractor must comply with the provisions of the County’s Mandatory Directive for Construction Projects (attached hereto), as applicable. Further, as long as required by the operative Health Order or Mandatory Directive for Construction Projects, or other Health Laws, these measures shall include, but are not limited to, the following best practices: 1. Information. Inform all workers of the Social Distancing Requirements and these best practices, including any updates or modifications, and require compliance as a condition to being present on the project site or work area. Revised: July 13, 2020 – Public Works Contracts 2 2. Social Distancing Protocol. Fill out and submit the newest version of the Social Distancing Protocol to the County, using the County’s online form available at https://www.sccgov.org/sites/covid19/Pages/social-distancing-protocol.aspx. 3. Sick Workers. Prohibit any individuals who have been tentatively or conclusively diagnosed with COVID-19 or who have any symptoms of illness, including the following, from entering or remaining on the project site or work area: fever, cough, shortness of breath, sore throat, body aches, chills, sudden loss of smell or taste or other flu-like symptoms. Encourage sick workers to get immediate medical attention. 4. Signage/Posters. As required, post or distribute (1) the most updated version of the COVID-19 PREPARED Sign, and (2) a Social Distancing Protocol Visitor Information Sheet. 5. Face Coverings. Everyone at a job site must wear a face covering at all time, except children under the age of 2, people who are medically prevented from wearing a face covering, and for communication by or with people who are hearing impaired. 6. Sanitary Facilities. Ensure adequate handwashing and/or hand-sanitizing facilities are available at all times and encourage frequent handwashing and/or hand-sanitizing throughout the day as specified below. Portable sanitary facilities must be serviced and cleaned on a daily basis. Provide hand sanitizer in or around all toilet facilities and common areas, including project trailers. a. Handwashing. Wash hands using soap and water for at least 20 seconds. b. Hand-sanitizer. Use a hand sanitizer that contains at least 60-95% alcohol when handwashing is not immediately available. c. Paper Products. Ensure that toilet paper, tissues, and paper towels are available as appropriate, with designated receptacles for disposal. 7. Distancing. Prohibit workers from being less than six feet apart, unless and only to the extent that would compromise worker safety or violate safety Laws for specific operations. Prohibit handshaking or any physical contact among workers, with the sole and limited exception of any physical contact required for worker safety or to comply with safety Laws. Avoid sharing tools to the extent possible. Require workers to provide their own transportation where possible and to avoid having more than two workers in a vehicle. 8. Groups/Meetings/Site Access. Avoid any group gatherings of 10 or more people. Use electronic alternatives to in person meetings, e.g., conference calls, video-conferencing, etc., to the greatest extent possible. Limit access to the project site or any work area to workers who are necessary to perform the work at that time. Allow non-essential Revised: July 13, 2020 – Public Works Contracts 3 personnel to work from home to the extent possible. Avoid all non-essential travel. Do not stack trades if possible. 9. Frequent Cleaning. Provide for regular and appropriate cleaning of all high touch surfaces at a project site or work area, including, but not limited to, shared tools or equipment, doorknobs and handles, toolboxes, sanitary facilities, common break areas, keypads, touch screens, project trailer surfaces and equipment, light or power switches, workstations, countertops, break areas, and the like. Clean and/or disinfect any reusable items or equipment. Clean surfaces of shared vehicles, including steering wheels, gear shifts, handles, instrument panels, etc. Ensure that cleaning products are used correctly and safely, and avoid cleaning techniques, such as use of pressurized air or water sprays, that may generate bioaerosols. 10. Personal Protective Equipment. When workers cannot avoid close proximity or physical contact, e.g., based on applicable safety laws, or are otherwise at risk for exposure to COVID-19, ensure that the affected workers are provided with appropriate personal protective equipment ("PPE"), which may include disposable gloves and/or other PPE. Instruct workers to wash or sanitize hands after removing gloves or other PPE. Ensure that all personal protective equipment is disposed of properly. 11. Water and Food. Prohibit shared or communal food or common water coolers. Provide individual water bottles for workers or instruct workers to bring their own. 12. Enforcement. Immediately eject any worker who fails or refuses to comply with the Health Laws, Social Distancing Requirements, or these best practices from the project site until or unless the Project Manager issues a written authorization for the worker to return, subject to full compliance. F. Proof of Compliance. If Contractor is subject to the Mandatory Directive for Construction Projects, Contractor must provide to the City the name and contact information for its designated site-specific COVID-19 supervisor(s). E. Oversight. In other to ensure that all workers comply with the Social Distancing Requirements to the extent possible, Contractor shall designate a named individual to have primary responsibility for implementation and enforcement of the Social Distancing Requirements and these best practices, and to serve as the primary point of contact with the City in this regard. Contractor shall promptly inform the City of the name of this individual. F. Changed Requirements. It is understood and acknowledged that circumstances pertaining to the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with the City to implement new or changed requirements as quickly as possible. Revised: July 13, 2020 – Public Works Contracts 4 G. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require any agents, subcontractors, or subconsultants to comply with its provisions. Attachments to Exhibit A-A Santa Clara County Mandatory Directive for Construction Projects 1228578.5 Effective July 13, 2020sccgov.org/coronavirus ConstructionProjects MANDATORY DIRECTIVE: Issued: July 7, 2020 County of Santa Clara Public Health Department Health Officer 976 Lenzen Avenue, 2nd Floor San José, CA 95126 408.792.5040 Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 1 of 12 Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith MANDATORY DIRECTIVE FOR CONSTRUCTION PROJECTS *Please confirm that your facility and/or construction project jobsite may open under the State Order. Where there is a difference between the local County Order and the State Order, the more restrictive order must be followed. The State also has specific guidance for certain facilities that must be followed in addition to this mandatory directive.* Issued: July 7, 2020 Information on the State’s Order and State guidance is available at covid19.ca.gov. While the construction industry is critical to ensuring a safe and sufficient supply of residential and commercial space, construction work can also pose significant risks to public health due to the COVID-19 pandemic. Because construction projects typically involve many workers actively working on a jobsite at the same time, often in close proximity to one another or sharing equipment, businesses and individuals performing and overseeing construction projects must take extra precautions to reduce the risk of COVID-19 transmission for workers, visitors, and others. This Directive applies to all construction projects, but the restrictions vary by the size of the project, as specified below. “Construction project” means any work (including a public works project) carried out in connection with the construction, alteration, conversion, fitting-out, remodel, renovation, refurbishment, demolition, decommissioning, or dismantling of a building or other structure; the preparation of a physical site for any such activity; and education or training at which any such activity is taught through onsite practice or experience. “Construction project” does not include architectural, design, financial, or administrative work related to a construction project, unless that work occurs at the construction jobsite. “Construction project” also does not include basic repair or maintenance work, which means a repair or maintenance job that requires no more than 2 workers and no more than 2 days and that is not architecturally, financially, or administratively associated with an active construction project. This Directive explains how construction projects may operate. This Directive is mandatory, and failure to follow it is a violation of the Health Officer’s Order issued on July 2, 2020 (“Order”). Construction projects must comply with the Order and all requirements of this Directive. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 2 of 12 The Order Issued July 2 The Order imposes several restrictions on all businesses and activities to ensure that the County stays as safe as possible, including but not limited to the following: The Social Distancing Protocol: All businesses must fill out and submit the newest version of the Social Distancing Protocol to the County using the online form, available here. The Protocol is submitted under penalty of perjury, meaning that everything written on the form must be truthful and accurate to the best of the signer’s knowledge, and submitting false information is a crime. The Protocol must be distributed to all workers, and it must be accessible to all officials who are enforcing the Order. Businesses are responsible for ensuring that workers understand and are trained on Protocol requirements in a language that they understand. For any business that only performs services for dispersed facilities or worksites that the business does not own or operate, the business must complete a Social Distancing Protocol for its operation as a whole. For any business that has a facility, but also provides services at dispersed facilities or worksites that the business does not own or operate, the business must complete a Social Distancing Protocol for its own facility and provide that Protocol to the owners or operators of any facility where it operates.  Example: A construction company serves as a subcontractor on various jobsites throughout the County and also operates a base facility within the County, where it maintains its vehicles and equipment. The subcontractor must complete a Social Distancing Protocol for its base facility. It must also distribute the Protocol to the owners or operators of the jobsites to which it sends its workers. The subcontractor’s workers must be given a copy of, be trained on, and comply with the measures in both the subcontractor’s Social Distancing Protocol and the Social Distancing Protocol for any jobsite at which they are performing work. • Signage: All businesses must print (1) an updated COVID-19 PREPARED Sign and (2) a Social Distancing Protocol Visitor Information Sheet, and both must be posted prominently at all facility entrances. These are available for printing after submission of the Social Distancing Protocol online.  Businesses do not need to post these documents if they do not have their own facility or worksite and only perform services for dispersed facilities or worksites that the business does not own or operate. • Face Coverings: Everyone at a business facility or worksite must wear a face covering at all times (except very young children, people for whom face coverings are medically inadvisable, or for communication by or with people who are hearing impaired). Face coverings must be worn even while working at a construction project. Workers do not need to wear face covering if it would create a risk to the person related to their work, in accordance with local, state, or federal workplace safety guidelines. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 3 of 12 • Density Limitation: All businesses must limit the number of people who may be inside the facility at the same time. For staff members, the limit is 1 person per 250 gross square feet of indoor facility space (this means total space, including areas open only to staff like storage rooms). For members of the public, the limit is 1 person per 150 square feet of space open to the public. The density requirements tell businesses how many people (staff or clients) they can let inside the facility before another person leaves. Children under 12 who are accompanying a parent or guardian do not count against the limit, but everyone age 12 and over does. This Directive describes a limited exception to the density limitation applicable only to construction project jobsites. See the Order and the FAQ page for more details. In addition to these general requirements applicable to all businesses under the Order, construction projects must comply with the following directives. Construction Projects on Own Residence Exempted This Directive does not apply to construction projects where a person is performing construction on their current residence alone or solely with members of their own household. Rules for Single-Worker Construction Projects This section lists the requirements for construction projects performed by only 1 worker, such as someone who is working alone on a kitchen remodel project. This section for single-worker projects does not apply to construction projects that involve multiple workers, even if only 1 worker is at the jobsite at any time; those projects must follow the Rules For All Construction Projects, which are listed in the next section. a. If the worker is working for a business, the worker must comply with the Social Distancing Protocol of that business. b. The worker must maintain 6 feet of social distance from all other people at all times, including when entering and leaving the work area or building. c. The worker must use and properly wear face coverings. In addition, the worker must wear other personal protective equipment (PPE) appropriate for use in construction, including gloves, goggles, and/or face shields. d. To the extent possible, the worker must seal off the work area so that there is a barrier between the worker and any other people in the building. For example, a worker performing construction in the hallway of a residence must install a barrier (such as plastic sheeting) between the area where the worker is working and the rest of the hallway. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 4 of 12 e. The worker must frequently wash hands with soap and water for at least 20 seconds or use hand sanitizer with at least 60% alcohol. f. The worker must not work or come to the jobsite if the worker has a fever, cough, or any other COVID-19 symptoms. g. The worker must maintain records of the dates and times the worker was at the jobsite and must make those records immediately available upon request to any County official. h. If the worker tests positive for COVID-19, the worker must notify the County Public Health Department within 4 hours of learning of the positive result by following the instructions at www.sccsafeworkplace.org. Rules for All Construction Projects (Except Single-Worker Construction Projects) This section lists requirements for all construction projects (other than single-worker construction projects). *Note: Large Construction Projects must also follow additional requirements, which are described beginning on page 9.* 1. Responsibilities of the General Contractor and Subcontractors a. The business with the responsibility to oversee a construction project, described in this Directive as the “General Contractor,” must complete and submit a Social Distancing Protocol specific to the construction project jobsite. (The General Contractor may also need to submit social distancing protocols for its base facility or for other jobsites subject to this Directive.) b. The General Contractor is responsible for ensuring that all work and operations at the construction jobsite is performed in compliance with the Order, this Directive, and the jobsite-specific Social Distancing Protocol. c. The General Contractor must train its workers to comply with the Order, this Directive, and the jobsite-specific Social Distancing Protocol. d. Subcontractors do not need to submit their own jobsite-specific Social Distancing Protocols for the same site, but the General Contractor must not allow any subcontractor onto the jobsite unless that subcontractor has given the General Contractor a signed certification that: i. the subcontractor has reviewed the Order and this Directive and will comply with them; Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 5 of 12 ii. the subcontractor has reviewed the General Contractor’s jobsite-specific Social Distancing Protocol and trained its workers on that Protocol; and iii. the subcontractor has completed and submitted its own Social Distancing Protocol covering its operations, and has provided a copy of that Protocol to the General Contractor. 2. General Contractors and Subcontractors Must Report COVID-19 Positive Cases a. Whenever the General Contractor learns that a person who has tested positive for COVID-19 was at the jobsite within 48 hours of the date they were tested or within 48 hours of becoming symptomatic, the General Contractor must immediately implement the jobsite-specific Social Distancing Protocol’s procedures for when a person tests positive for COVID-19. All positive cases must be reported by following the instructions at www.sccsafeworkplace.org. b. All subcontractors must immediately (within 1 hour, regardless of the time of day) alert the General Contractor as soon as they learn that an employee has tested positive who is currently at the jobsite, or who was at the jobsite within 48 hours of the date they were tested or within 48 hours of becoming symptomatic. This reporting requirement is in addition to the subcontractor’s own reporting requirements under the Order and the procedures in the subcontractor’s Social Distancing Protocol. 3. Cleaning After Positive Case Identified Upon learning of a confirmed positive case at the jobsite within the last 48 hours, any location where the infected worker was known to have been present must be immediately closed and sanitized. Work in these locations must cease until sanitization is complete. 4. General Contractor is Responsible for Ensuring the Jobsite is Operated Safely Following All Legal Requirements a. The General Contractor must ensure that everyone at the jobsite—including its own workers, the subcontractors’ workers, and visitors—complies with the Order, this Directive, the jobsite-specific Social Distancing Protocol, and any other laws and regulations that apply to the work (for example, OSHA and Cal-OSHA requirements). If there is a conflict in what different laws require, the strictest standard applies. b. The General Contractor’s responsibility for ensuring jobsite compliance under this paragraph 4 does not, however, relieve any subcontractors of their own responsibilities under the Order, their Social Distancing Protocol, this Directive, and all other applicable laws and regulations. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 6 of 12 c. Any worker, or any subcontractor, may file a complaint that the General Contractor has not complied with the Order, this Directive, or the jobsite-specific Social Distancing Protocol, or that the General Contractor has failed to require others to comply. Complaints may be filed through the County Office of Labor Standards Enforcement Advice Line (866-870-7725) or website (www.sccfairworkplace.org). 5. Designated COVID-19 Supervisor(s) a. The General Contractor must designate a site-specific COVID-19 Supervisor or Supervisors to enforce the jobsite-specific Social Distancing Protocol and this Directive. The designated COVID-19 Supervisor(s) must be present at the jobsite at all times during construction activities. The COVID-19 Supervisor may be an on-site worker who is designated to serve in this role. The General Contractor must prominently post a sign at all entrances to the jobsite clearly identifying the COVID-19 Supervisor(s) by name and providing their phone number and email address. b. The designated COVID-19 Supervisor(s) must review this Directive and the jobsite-specific Social Distancing Protocol with all workers and other persons at the jobsite. The General Contractor is responsible for making sure this occurs. c. The COVID-19 Supervisor must monitor and ensure implementation at the jobsite of all requirements in this Directive, the jobsite-specific Social Distancing Protocol, and the Order. 6. Seal Off Area of Construction Project from Other Parts of Occupied Sites Where construction work occurs within an occupied residential or commercial building, all of the following rules apply: a. Work areas must, to the extent feasible, be sealed off from the remainder of the building (and from the remainder of the unit, if work is performed within a residential unit) with physical barriers such as plastic sheeting or closed doors sealed with tape. b. If possible, workers must access the work area from entry/exit door(s) different from the entry/exit door(s) used by residents or occupants accessing the remainder of the building that is not under construction. c. Available windows and/or doors must be used to ventilate the work area during the workday and any other times work is performed. d. If residents or occupants have access to the work area between workdays, the Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 7 of 12 work area must be cleaned and sanitized at the beginning and at the end of workdays. e. Every effort must be taken to minimize contact between workers and residents or occupants, including maintaining a minimum of at least 6 feet of social distancing at all times. 7. Personal Protective Equipment (PPE) The General Contractor must obtain, provide at no cost to workers, and require that all workers use personal protective equipment (PPE) appropriate for use in construction, including gloves, goggles, face shields, and face coverings as appropriate for the activity being performed. Face coverings must be worn in compliance with the State’s mandatory Guidance for the Use of Face Coverings and any additional directives issued by the County Health Officer. At no time may medical-grade PPE be used at a construction site unless it is required due to the medical nature of the jobsite or local, state, or federal workplace safety requirements. 8. Social Distancing, Sanitizing, and other Measures a. The General Contractor must: i. Ensure compliance at the jobsite with the Order’s density limitations except to the extremely limited extent a higher density is temporarily necessary to safely carry out a specific job function. 1. The density limitations apply to all indoor areas where construction work is actively being performed. Density limitations do not apply to staging areas or lay-down areas that are separate from the area where construction work is actively being performed. ii. Stagger shifts, breaks, and trade-specific work as necessary to reduce density and allow for easy maintenance of minimum 6-foot distancing. Staggered shifts and breaks must comply with applicable wage and hour laws. 1. All persons must maintain minimum 6-foot distancing except to the extremely limited extent shorter distances are temporarily necessary to safely carry out a specific job function. iii. Eliminate or resolve “choke points” and “high-risk areas” where workers are unable to maintain 6-foot social distancing. The General Contractor must prohibit or limit use of these areas to ensure that 6-foot distance can easily be maintained between individuals. Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 8 of 12 iv. If possible, ensure workers eat their meals and take their breaks outdoors, and maintain social distancing during meals and breaks. v. Prohibit gatherings of any size on the jobsite (except for meetings required by this Directive), including gatherings for breaks or eating. Sharing of any food or beverage is strictly prohibited. vi. Cal-OSHA requires employers to provide water. Water must be provided in single-serve containers. vii. Prohibit use of microwaves, water coolers, and other similar shared equipment. b. Workers must: i. Unless strictly necessary to carry out a job function, maintain at all times at least 6-foot social distancing from fellow workers and all site visitors, including delivery workers, design professionals and other project consultants, government agency representatives (including building and fire inspectors), and residents at residential construction sites. ii. Not carpool to and from the jobsite except with others living within the same household unit, or if necessary because they have no alternative means of transportation. If workers from different households must carpool, they must wear face coverings while riding together in the same vehicle, sit at the greatest distance possible, and maintain ventilation by keeping windows open as feasible. 9. Notice for Workers and Visitors of Required Practices The General Contractor must prominently post a notice at all entrances to the jobsite visible to all workers and visitors instructing workers and visitors to do the following: a. Do not touch your face with unwashed hands or with gloves. b. If equipment is shared, it must be fully sanitized before and after each use. c. Wash your hands often with soap and water for at least 20 seconds each time, or use hand sanitizer with at least 60% alcohol. d. Clean and disinfect objects and surfaces you touch often, such as work stations, keyboards, telephones, handrails, machines, shared tools, elevator control buttons, and doorknobs. e. Cover your mouth and nose with a tissue or cloth when you cough or sneeze, or Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 9 of 12 cough or sneeze into your elbow/sleeve – never into your hands. f. Do not enter the jobsite if you have a fever, cough, or other COVID-19 symptoms. If you feel sick, or have been exposed to anyone who is sick, stay at home. g. Constantly make sure you are staying at least 6 feet away from co-workers at all times, unless it is absolutely necessary to get closer to complete a task for the construction project. h. Do not carpool to and from the jobsite with anyone except members of your own household, or if necessary because you have no alternative means of transportation. If you carpool with people from another household, you must wear a face covering while riding together in the same vehicle. i. Do not share phones or PPE. Posters conforming to this requirement are available for download at https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do-flyers.aspx. 10. Cooperate with County’s Case Investigation and Contact Tracing Efforts The General Contractor must maintain a daily attendance log of all workers and visitors at the jobsite that includes contact information (including name, phone number, address, and email) and the date, time, and duration of each person’s presence at the jobsite. If someone on the jobsite tests positive for COVID-19, the General Contractor is legally required to assist the County Public Health Department in any case investigation and contact tracing efforts. 11. Monitor and Inform Supervisors and Subcontractors of Revised Requirements The General Contractor must regularly check for revisions to the Order, this Directive, relevant industry-specific guidance published by the California Department of Public Health, and other relevant rules or guidance. The General Contractor must inform all jobsite supervisors (including the designated COVID-19 Supervisor(s), all field supervisors, foremen, and safety directors) and all subcontractors of any revisions or additions to the requirements for construction projects. Additional Rules for Large Construction Projects This section describes additional requirements that apply only to Large Construction Projects. 12. What is a Large Construction Project? A “Large Construction Project” is a construction project that meets any of the following Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 10 of 12 specifications: a. For residential projects, any single-family, multi-family, senior, student, or other residential construction project consisting of 10 or more units; or b. For commercial projects, any construction project consisting of 20,000 or more square feet of floor area; or c. For mixed-use construction projects, any construction project that meets either of the specifications above in Subparagraphs (a) and (b); or d. Any infrastructure project that requires 20 or more workers at the jobsite at any one time. 13. COVID-19 Supervisor’s Additional Compliance, Monitoring, and Remediation Responsibilities a. The designated COVID-19 Supervisor must: i. Conduct daily briefings in person (with proper social distancing) or by teleconference that must cover the following topics: 1. New jobsite rules and pre-jobsite travel restrictions for the prevention of COVID-19 community spread. 2. Review of sanitizing and hygiene procedures. 3. Worker feedback on improving safety and sanitizing. 4. Coordination of construction site daily cleaning/sanitization requirements. 5. Any newly available information regarding COVID-19. 6. Emergency protocols in the event of an exposure or suspected exposure to COVID-19. ii. Each day, verify and record verification that each jobsite is compliant with this Directive. The General Contractor must collect each written verification, store them for at least 1 year, and make them immediately available upon request to any County official. iii. Conduct the following activities to make sure that the jobsite is ready to fix any violations of this Directive: Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 11 of 12 1. Develop a remediation plan; 2. If any non-compliance is identified, ensure that the remediation plan is implemented, and post the remediation plan at all entrances to the jobsite during the remediation period; 3. Stop any construction activity until the jobsite is back in compliance; and 4. Report repeated non-compliance with this Directive to the appropriate jobsite supervisors and the permitting agency for the local government where the project is located. b. The General Contractor is responsible for making sure the designated COVID-19 Supervisor takes all of these steps. 14. Jobsite Safety Accountability Supervisor (JSAS) The General Contractor must assign a COVID-19 Third-Party Jobsite Safety Accountability Supervisor (JSAS) for the jobsite. The JSAS may not be an employee of the General Contractor. The JSAS must at a minimum hold an OSHA-30 certificate and first-aid training, or equivalent credentials, from within the past 2 years. The JSAS must be trained in the requirements in this Directive and the jobsite-specific Social Distancing Protocol and must verify compliance with those requirements, including by visual inspection and random interviews with workers. The JSAS must inspect the jobsite as often as needed to ensure consistent compliance, but not less than once per week. The JSAS must inspect the jobsite during normal construction hours. a. The General Contractor must prominently post a sign at all entrances to the jobsite visible to all workers and visitors that clearly identifies the JSAS for the jobsite by name and providing their phone number and email address. b. Within 7 calendar days of each jobsite visit, the JSAS must complete a written assessment identifying any failure to comply with this Directive. The written assessment must be copied, stored, and, produced upon request to the County or local permitting agency. c. If the JSAS discovers that a jobsite is not in compliance with this Directive and the jobsite-specific Social Distancing Protocol, the JSAS must work with the designated COVID-19 Supervisor to develop and implement a remediation plan. d. The JSAS must coordinate with the designated COVID-19 Supervisor to prohibit continuation of any work activity not in compliance with this Directive or the jobsite-specific Social Distancing Protocol. The JSAS must make sure that the Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 12 of 12 work activity does not resume until the noncompliance is fixed and the continuing work is compliant with this Directive. e. The remediation plan must be sent to the local permitting agency and a designated County official within 5 calendar days of the JSAS’s discovery of the failure to comply. 15. Translation for Non-English-Speaking Workers The General Contractor must translate (and, where otherwise required, post) all of the following documents as necessary to ensure that all non-English-speaking workers are able to understand the documents: a. The Notice for Workers and Visitors of Required Practices described in Paragraph 9 (on page 8). b. The remediation plan described in Paragraph 13.a.iii.1 (on page 11). Stay Informed For answers to frequently asked questions about this industry and other topics, please see the FAQ page. Please note that this Directive may be updated. For up-to-date information on the Health Officer Order, visit the County Public Health Department’s website at www.sccgov.org/coronavirus. CUPERTINO PUBLIC WORKS DEPARTMENT Roger Lee, Director CITY HALL 10300 TORRE AVENUE -CUPERTINO, CA 95014-3266 ( 408) 777 -3354 -FAX ( 408) 777-3333 ADDENDUM NO. 2 LINDA VISTA TRAIL PROJECT, PROJECT# 2020-08 BID OPENING: NOVEMBER 17, 2020 2:00 P.M. ISSUED DATE: NOVEMBER 5, 2020 The following revisions is hereby made to the above referenced project. 1. The bid Opening date has been postponed. All bids must be submitted on-line at https://a12Ps.cupertino.org/bidmanagemenUindex.aspx by 2:00 PM Tuesday November 17, 2020. The following questions have been received: Ql. Can there be an additional pre-bid walk prior to bid opening so subc ontractors can have an opportunity to review the site? Al. There will not be an additional pre-bid walk. However, staff can open the gates so that contractors and their subcontractors can have access to the site on Tuesday November 10, 2020 between 1 PM and 2 PM. Staff will not be available to answer any questions. Q2. Please specify the height of the new privacy screen mesh fence. A2. Refer to construction note 3 and sheet C3.3 of project plans. The new privacy screen mesh will be installed to existing wrought iron fence at 22093 Baxley Ct. The exact height of this fence is not known. It is estimated to be approximately three to four feet high. Q3. Please clarify if a specific manufacturer is desired for the white paint finish on the Split Rail Fence. A3. A specific manufacturer is not required. Q4. Is dirt being excavated assumed to be clean? A4. The condition of existing soil is unknown. QS. Can you provide a detail of the new Private Resident Gate? AS. Refer to Section 01 90 00 "Measurement and Payment" page TS-4, last paragraph. The unit cost for New Private Residence Gate shall include ... providing plan sketch of the new gate to match the new fence for review by City and Property Owner ... Q6. Can the open grass area at the entrance of the site be used for laydown area? A6. Refer to Project Manual Article 7.2 for Temporary Facilities. Additionally, the City will evaluate any such requests after the project is awarded. Q7. Please clarify if the water meter box is to be raised or lowered to grade. Is the cover the water box the only item that needs to be traffic rated? A7. The water meter box shall be adjusted to adjacent finished grade. Only the cover is to replaced and traffic rated. Q8. Will the trail be closed to the public while work is being performed? A8. Yes. Q9. Please provide a copy of the Geotech report for the project. A9. See attached Geotechnical Reports dated April 22, 2019 All questions regarding this project must be transmitted in writing to Jo Anne Johnson, Public Works Project Manager at joannej@cu per tino.org. Redgwick Construction Linda Vista Project ExperienceProject Type Project Name Location Description Owner Prime Contractor Engineer (phone)Contract Initial $/Final $Original End Date/Completion Date Time Extensions Stop Notices LDs Claims/MediationsRecent/Similar Project Alamo Creek Trail Dublin Removal of exisitng trail and grading and paving of new trial City of Dublin Redgwick Lorin Jensen 925-833-6655$304,974 and $343,374April 2020 / April 2020 5 Working Days NA NA NARecent/Similiar ProjectHwy 680 Scotts Creek Road Slide Repair Milpitas Grading or new slopes and repiar of dirt slide area Caltrans Redgwick Hung Ngo 925-460-3528$1,200,000 (note this was an emergecy T&M project)October 2019 / October 2019 NA NA NA NARecent/Similiar ProjectMclelland 1A Bike Improvements Cupertino Grade and paving and conrete work to install new sidewalk pathway and bike lane City of Cupertino Redgwick John Raaymakers 408-777-3100$1,821,831 and $2,083,680August 2019/September 2019 30 Working Days NANANARecent/Similiar ProjectMclelland 1B Bike Improvements Cupertino Grade and paving and conrete work to install new sidewalk pathway and bike lane City of Cupertino Redgwick John Raaymakers 408-777-3100$1,821,831 and $2,083,680September 2019/September 2019NANANANARecent/Similiar Project Pierce Street Albany Grading or new pathway and install of ac pathway and new park playground City of Albany Redgwick Chris Ablaza 510-559-4271$1,059,024 and $1,104,616February 2018 and February 2018 NA NA NA NARecent ProjectCalifornia Drive Roundabout Burlingame Reconstruction of roadway to build new roundabout intersection City of Burlingame Redgwick Nick Panayotou 650-642-5299$2,968,062 and $3,430,622January 2019/April 2019 65 Working Days NA NA NALargest ProjectSanta Maria Streetscape Castro Valley Streetscape with new concrete, landscaping , paving and striping and underground work Alameda County Redgwick DAVID LAU 510-670-5513$4,397,810 and $4,789,300Novmeber 2019 / Febuary 2020 60 Working Days NANANALargest ProjectCastro Valley Shared Parking Lot Castro Valley Reconstruction of parking lot, including new apshalt paving, concrete, pavers and landscaping Alameda County Redgwick Dimitri Araica 510-314-4914$4,092,805 and $4,257,985August 2018 / October 2018 50 Working Days NANANALargest ProjectThe Alameda Phase IISan Jose Reconstruction of two intersection and installation of new median islands City of San Jose Redgwick Sal Kumar 408-793-5307$3,683,335 and $4,017,440January 2018 / June 2018 75 Working Days NA NA NA Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 33 General Conditions Article 1 – Definitions Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day” or “working day.” Allowance means a specific amount that must be included in the Bid Proposal for a specified purpose. Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context. Change Order means a written document duly approved and executed by City, which changes the scope of Work, the Contract Price, or the Contract Time. City means the 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 for performing the Work required for the Project, and all documents expressly incorporated herein 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; the General Conditions; the Special Conditions; the Project Plans and Specifications; any Change Orders; and any other documents which are clearly and unambiguously made part of the Contract Documents. The Contract Documents do not include documents provided “For Reference Only”, or documents that are intended solely to provide information regarding existing conditions. Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as may be amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, supplies or equipment following submission of the Bid Proposal. Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order. Contractor means the individual, partnership, corporation, or joint-venture that has signed the Contract with City to perform the Work. Day means a calendar day unless otherwise specified. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 34 Design Professional means the licensed individual(s) or firm(s) retained by City to provide architectural, engineering, or electrical engineering design services for the Project. If no Design Professional has been retained for this Project, any reference to Design Professional is deemed to refer to the Engineer. DIR means the California Department of Industrial Relations. Drawings has the same meaning as Plans. Engineer means the City Engineer for the City of Cupertino and his or her authorized delegees. Excusable Delay is defined in Section 5.3(B), Excusable Delay. Extra Work means new or unforeseen work added to the Project, as determined by the Engineer in his or her sole discretion, including Work that was not part of or incidental to the scope of the Work when the Contractor’s bid was submitted; Work that is substantially different from the Work as described in the Contract Documents at bid time; or Work that results from a substantially differing and unforeseeable condition. Final Completion means Contractor has fully completed all of the Work required by the Contract Documents to the City’s satisfaction, including all punch list items, and any required commissioning or training, and has provided the City with all required submittals, including the instructions and manuals, product warranties and as-built drawings. Final Payment means payment to Contractor of the unpaid Contract Price, including release of undisputed retention, less amounts withheld 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. Government Code Claim means a claim submitted pursuant to California Government Code Section 900 et seq. Hazardous Materials means any substance or material identified now or in the future as hazardous under any Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws governing handling, disposal, or cleanup. Including, whether or not capitalized, means “including, but not limited to,” unless the context clearly requires otherwise. Inspector means the individual(s) or firm(s) retained or employed by City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all applicable codes, regulations, and permits. Install means to fix in place for materials, and to fix in place and connect for equipment. Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over any of the Work or any performance of the Work. Non-Excusable Delay is defined in Section 5.3(D), Non-Excusable Delay. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 35 Plans means the City provided plans, drawings, details, or graphical depictions of the Project requirements, but does not include Shop Drawings. Project means the public works project referenced in the Contract. Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer. Recoverable Costs is defined in Section 5.3(F), Recoverable Costs. Request for Information or RFI means Contractor’s written request for information about the Contract Documents, the Work or the Project, submitted to City in the manner and format specified by City. Section when capitalized in these General Conditions, means a numbered section or subsection of the General Conditions, unless the context clearly indicates otherwise. Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of Contractor, and subject to City acceptance, which are intended to provide details for fabrication, installation, and the like, of items required by or shown in the Plans or Specifications. Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and that the Contractor is not qualified to self- perform. Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into the Contract by or on behalf of City, and does not include the Contract, General Conditions or Special Conditions. Subcontractor means an individual, partnership, corporation, or joint-venture retained by Contractor directly or indirectly through a subcontract to perform a specific portion of the Work. The term Subcontractor applies to subcontractors of all tiers, unless otherwise indicated by the context. A third part such as a utility performing related work on the Project is not a Subcontractor, even if Contractor must coordinate its Work with the third party. Technical Specifications has the same meaning as Specifications. Work means all of the construction and services necessary for or incidental to completing the Project in conformance with the requirements of the Contract Documents. Work Day or Working Day, whether or not capitalized, means a weekday when the City is open for business, and does not include holidays observed by the City 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; Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 36 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, storage or fabrication. Article 2 - Roles and Responsibilities 2.1 City. (A) City Council. The City Council has final authority in all matters affecting the Project, except to the extent it has delegated authority to the Engineer. (B) Engineer. The Engineer, acting within the authority conferred by the City Council, is responsible for administration of the Project on behalf of City, including authority to provide directions to the Design Professional and to Contractor to ensure proper and timely completion of the Project. The Engineer’s decisions are final and conclusive within the scope of his or her authority, including interpretation of the Contract Documents. (C) Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the Contractor and will serve as City’s representative for daily administration of the Project on behalf of City. Unless otherwise specified, all of Contractor’s communications to City (in any form) will go to or through the Project Manager. City reserves the right to reassign the Project Manager role at any time or to delegate duties to additional City representatives, without prior notice to or consent of Contractor. (D) Design Professional. The Design Professional is responsible for the overall design of the Project and, to the extent authorized by City, may act on City’s behalf to ensure performance of the Work in compliance with Plans and Specifications, including any design changes authorized by Change Order. The Design Professional’s duties may include review of Contractor’s submittals, visits to any Worksite, inspecting the Work, evaluating test and inspection results, and participation in Project-related meetings, including any pre-construction conference, weekly meetings, and coordination meetings. The Design Professional’s interpretation of the Plans or Specifications is final and conclusive. 2.2 Contractor. (A) General. Contractor must provide all labor, materials, supplies equipment, services and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economical and efficient manner in the best interests of City, and with minimal inconvenience to the public. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 37 (B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichever is later, Contractor bears all risks of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism or theft. (C) Project Administration. Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents. Before starting the Work, Contractor must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative. (D) On-Site Superintendent. Contractor must, at all times during performance of the Work, provide a qualified and competent full-time superintendent acceptable to City, and assistants as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. The superintendent must have full authority to act and communicate on behalf of Contractor, and Contractor will be bound by the superintendent’s communications to City. City’s approval of the superintendent is required before the Work commences. If City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at Contractor’s sole expense and with no extension of Contract Time, until an approved superintendent is physically present to supervise the Work. Contractor must provide written notice to City, as soon as practicable, before replacing the superintendent. (E) Standards. Contractor must, at all times, ensure that the Work is performed in an efficient, skillful manner following best practices and in full compliance with the Contract Documents and Laws and applicable manufacturer’s recommendations. Contractor has a material and ongoing obligation to provide true and complete information, to the best of its knowledge, with respect to all records, documents, or communications pertaining to the Project, including oral or written reports, statements, certifications, Change Order requests, or Claims. (F) Meetings. Contractor, its project manager, superintendent, and any primary Subcontractors and suppliers requested by City, must 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. If applicable, Contractor may also be required to participate in coordination meetings with other parties relating to other work Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 38 being performed on or near the Project site or in relation to the Project, including work or activities performed by City, other contractors, or other utility owners. (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 Plans, Specifications and every other Contract Document, as determined by City, will be considered defective and subject to rejection. Contractor must also promptly correct, at Contractor’s sole expense, any Work performed beyond the lines and grades shown on the Plans or established by City, and any Extra Work performed without City’s prior written approval. If Contractor fails to correct or to take reasonable steps toward correcting defective Work within five days following notice from City, or within the time specified in City’s notice to correct, City may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Contract Price. If City elects to correct defective Work due to Contractor’s failure or refusal to do so, City or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Worksite on City property, in order to effectuate the correction, at no extra cost to City. Contractor’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances. Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Contractor. This paragraph applies to any defective Work performed by Contractor during the one-year warranty period under Section 11.2. (I) Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos, electronic records, approved samples, and the construction records required pursuant to paragraph (K), below. Project records subject to this provision include, but are not limited to, Project cost records and records relating to preparation of Contractor’s bid, including estimates, take- offs, and price quotes or bids. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 39 (1) Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost. (2) Contractor must continue to maintain its Project-related records in an organized manner for a period of five years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, City is entitled to inspect or audit any of Contractor’s Project records relating to the Project or to investigate Contractor’s plant or equipment during Contractor’s normal business hours. The record-keeping requirements set forth in this subsection 2.2(I) will survive expiration or termination of the Contract. (J) Copies of Contract Documents. Contractor and its Subcontractors must keep copies, at the Project site, of all Work-related documents, including the Contract, permit(s), Plans, Specifications, Addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, as-built drawings, schedules, daily reports, testing and inspection reports or results, and any related written interpretations. These documents must be available to City for reference at all times during construction of the Project. (K) Construction Records. Contractor will maintain up-to-date, thorough, legible, and dated daily job reports, which document all significant activity on the Project for each day that Work is performed on the Project. The daily report for each day must include the number of workers at the Project site; primary Work activities; major deliveries; problems encountered, including injuries, if any; weather and site conditions; and delays, if any. Contractor will take date and time-stamped photographs to document general progress of the Project, including site conditions prior to construction activities, before and after photographs at offset trench laterals, existing improvements and utilities, damage and restoration. Contractor will maintain copies of all subcontracts, Project-related correspondence with subcontractors, and records of meetings with Subcontractors. Upon request by the City, Contractor will permit review of and/or provide copies of any of these construction records. 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 each Subcontractor to comply with the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, including the generally applicable terms of the Contract Documents, and to likewise bind their subcontractors. Contractor will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for the Project, will be assigned to City.. Nothing in these Contract Documents creates a Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 40 contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor. (C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to City, subject to the prior rights of any surety, but only if and to the extent that City accepts, in writing the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement. (D) Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under Public Contract Code 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, and any increased subcontract cost to perform the Work that was to be performed by the listed Subcontractor. 2.4 Coordination of Work. (A) Concurrent Work. City reserves the right to perform, have performed, or permit performance of other work on or adjacent to the Project site while the Work is being performed for the City. Contractor is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, including by any utility companies or agencies, and must avoid hindering, delaying, or interfering with the work of other contractors, individuals, or entities, and must ensure safe and reasonable site access and use as required or authorized by City. To the full extent permitted by law, Contractor must hold harmless and indemnify City against any and all claims arising from or related to Contractor’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or subcontractor. (B) Coordination. If Contractor’s Work will connect or interface with work performed by others, Contractor is responsible for independently measuring and visually inspecting such work to ensure a correct connection and interface. Contractor is responsible for any failure by Contractor or its Subcontractors to confirm measurements before proceeding with connecting Work. Before proceeding with any portion of the Work affected by the construction or operations of others, Contractor must give the Project Manager prompt written notification of any defects Contractor discovers which will prevent the proper execution of the Work. Failure to give notice of any known or reasonably discoverable defects will be deemed acknowledgement by Contractor that the work of others is not defective and will not prevent the proper execution of the Work. Contractor must also promptly notify City if work performed by others, including work or activities performed by City’s own forces, is operating to hinder, delay, or interfere with Contractor’s timely performance of the Work. City reserves the right to backcharge Contractor for any additional costs incurred due to Contractor’s failure to comply with the requirements in this Section 2.4. 2.5 Submittals. Unless otherwise specified, Contractor must submit to the Engineer for review and acceptance 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, including the Special Conditions or Specifications. The Engineer may require submission of a submittal schedule at or before a pre-construction conference, as may be specified in the Notice to Proceed. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 41 (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. (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 Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 42 corrections, any deviations from the Contract Documents, and for the results obtained by the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve Contractor of Contractor’s responsibility. 2.7 Access to Work. Contractor must afford prompt and safe access to any Worksite by City and its employees, agents, or consultants authorized by City; and upon request by City, Contractor must promptly arrange for City representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work. 2.8 Personnel. Contractor and its Subcontractors must employ only competent and skillful personnel to perform the Work. Contractor and its Subcontractor’s supervisors, security or safety personnel, and employees who have unescorted access to the Project site must possess proficiency in English sufficient to read, understand, receive, and implement oral or written communications or instructions relating to their respective job functions, including safety and security requirements. Upon written notification from the Engineer, Contractor and its Subcontractors must immediately discharge any personnel who are incompetent, disorderly, disruptive, threatening, abusive, or profane, or otherwise refuse or fail to comply with the requirements of the Contract Documents or Laws, including Laws pertaining to health and safety. Any such discharged personnel, may not be re- employed or permitted on the Project in any capacity without City’s prior written consent. Article 3 - Contract Documents 3.1 Interpretation of Contract Documents. (A) Plans and Specifications. The Plans and Specifications included in the Contract Documents are complementary. If Work is shown on one but not on the other, Contractor must perform the Work as though fully described on both, consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The Plans and Specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned or shown. Contractor must perform all work and services and supply all things reasonably related to and inferable from the Contract Documents. In the event of a conflict between the Plans and Specifications, the Specifications will control, unless the drawing(s) at issue are dated later than the Specification(s) at issue. Detailed Plans take precedence over general drawings, and large scale drawings take precedence over smaller scale drawings. Any arrangement or division of the Plans and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Plans or Specifications is only a recommendation. Actual locations and depths must be determined by Contractor’s field investigation. Contractor may request access to underlying or background information in City’s possession that is necessary for Contractor to form its own conclusions. (B) Duty to Notify and Seek Direction. If Contractor becomes aware of a changed condition in the Project, or of any ambiguity, conflict, inconsistency, discrepancy, omission, or error in the Contract Documents, including the Plans or Specifications, Contractor must promptly submit a Request for Information to the Engineer and wait for a response from City before proceeding further with the related Work. The RFI must notify City of the issue and request clarification, interpretation or direction. The Engineer’s clarification, interpretation or direction will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining City’s response, Contractor will be responsible for any resulting costs, including the cost of correcting any incorrect or defective Work that results. Timely submission of a clear and complete RFI is essential to avoiding delay. Delay resulting from Contractor’s failure to submit a timely and complete RFI to the Engineer is Non-Excusable Delay. If Contractor believes that City’s response to an RFI justifies a change to the Contract Price or Contract Time, Contractor must Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 43 perform the Work as directed, but may submit a timely Change Order request in accordance with the Contract Documents. (See Article 5 and 6.) (C) Figures and Dimensions. Figures control over scaled dimensions. (D) Technical or Trade Terms. Any terms that have well-known technical or trade meanings will be interpreted in accordance with those meanings, unless otherwise specifically defined in the Contract Documents. (E) Measurements. Contractor must verify all relevant measurements in the Contract Documents and at the Project site before ordering any material or performing any Work, and will be responsible for the correctness of those measurements, or for costs that could have been avoided by independently verifying measurements (F) Limitations. Any arrangement or division of the Plans and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the 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, with the most recent version taking precedent over an earlier version. (G) Compliance with Laws. The Contract Documents are intended to comply with Laws and will be interpreted to comply with Laws. 3.2 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. Unless otherwise specified in the Special Conditions, in case of any conflict or inconsistency among the Contract Documents, the following order of precedence will apply, beginning from highest to lowest, with the most recent version taking precedent over any earlier version: (A) Change Orders; (B) Addenda; (C) Contract; (D) Notice to Proceed; (E) Special Conditions; (F) General Conditions; (G) Payment, and Performance; (H) Specifications; (I) Plans; (K) Contractor’s Bid Proposal and attachments; (L) Notice of Award (L) Notice Inviting Bids; (M) Instructions to Bidders; (N) The City of Cupertino’s Standard Details; and (O) Any generic documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Caltrans Special Provisions. 3.3 Caltrans Standard Specifications. Any reference to or incorporation of the Standard Specifications of the State of California, Department of Transportation (“Caltrans”), including “Standard Specifications,” “Caltrans Specifications,” “State Specifications,” or “CSS,” means the most current edition of Caltrans’ Standard Specifications, unless otherwise specified (“Caltrans Standard Specifications”), including the most current amendments as of the date that Contractor’s bid was submitted for this Project. The Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 44 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. 3.7 Ownership. No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 45 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, and each executed by Contractor and its surety using the bond forms included with the Contract Documents. (A) Surety. Each bond must be issued and executed by a surety admitted in California, 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, fines, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in bidding or performing the Work or in failing to comply with any obligation of Contractor under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract. Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code section 9201. Contractor waives any right to express or implied indemnity against any Indemnitee. Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract. 4.3 Insurance. 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 Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 46 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 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. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 47 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 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. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 48 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. 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 Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 49 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 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, if any, that must be provided or performed before issuance of the Notice to Proceed. (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 commercial scheduling software acceptable to the Engineer, and must provide the schedules in electronic and paper form as requested by the Engineer. In addition to the general scheduling requirements set forth below, Contractor must also comply with any scheduling requirements included in the Special Conditions or in the Technical Specifications. (A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s issuance of the Notice to Proceed (or as otherwise specified in the Special Conditions or Notice to Proceed), Contractor must submit to City for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how Contractor plans to perform and fully complete the Work within the Contract Time, including labor, equipment, materials and fabricated items. The baseline schedule must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed, Contractor must order any specialized material or equipment for the Work that is not readily available from material suppliers. Contractor must also retain documentation of the purchase orders date(s). (B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. Contractor is solely responsible for resolving any exceptions noted in a schedule and, within seven days, must correct the schedule to address the exceptions. City’s review or acceptance of Contractor’s schedules will not operate to waive or limit Contractor’s duty to complete the Project within the Contract Time, nor to waive or limit City’s right to assess liquidated damages for Contractor’s unexcused failure to do so. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 50 (C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, Contractor must submit an updated progress schedule and three-week look- ahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts to the critical path. Contractor must also submit periodic reports to City of any changes in the projected material or equipment delivery dates for the Project. (1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and may be allocated by the Engineer to best serve timely completion of the Project. (2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and cost-effective administration of the Project and timely completion. If Contractor fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has noted exceptions that are not corrected, City may withhold or deduct up to ten percent from payment(s) otherwise due to Contractor until the exceptions are resolved, the schedule is corrected and resubmitted, and City has accepted the schedule. In addition, Contractor’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a material default and a waiver of any claims for Excusable Delay or loss of productivity arising during any period when Contractor is out of compliance, subject only to the limits of Public Contract Code 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 prominently post a copy of the most current City-accepted progress or recovery schedule in its on-site office. (G) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease Contractor’s time or cost to perform the Work. (H) Authorized Working Days and Times. Contractor is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge Contractor for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, including Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 51 reimbursement of costs incurred for inspection, testing, and construction management services. 5.3 Delay and Extensions of Contract Time. (A) Notice of Delay. If Contractor becomes aware of any actual or potential delay affecting the critical path, Contractor must promptly notify the Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay. (B) Excusable Delay. The Contract Time may be extended if Contractor encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond Contractor’s control, and which Contractor could not have avoided or mitigated through reasonable care, planning, foresight, and diligence, provided that Contractor is otherwise fully performing its obligations under the Contract Documents. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13. The Contract Time will not be extended based on circumstances which will not unavoidably delay completing the Work within the Contract Time based on critical path analysis. (C) Non-Excusable Delay. Delay which Contractor could have avoided or mitigated through reasonable care, planning, foresight and diligence is “Non-Excusable Delay.” Contractor is not entitled to an extension of Contract Time or any compensation for Non- Excusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay. Non-Excusable Delay includes delay caused by: (1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years; (2) Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for completion of the Work within the Contract Time; (3) Contractor’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for completion of the Work within the Contract Time; (4) Foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to Contractor; (5) Contractor’s failure. refusal, or financial inability to perform the Work within the Contract Time, including insufficient funds to pay its Subcontractors or suppliers. (6) performance or non-performance by Contractor’s Subcontractors or suppliers; (7) the time required to respond to excessive RFIs (see Section 2.5(G)); (8) delayed submission of required submittals, or the time required for correction and resubmission of defective submittals; Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 52 (9) time required for repair of, re-testing, or re-inspection of defective Work; (10) enforcement of Laws by City, or outside agencies with jurisdiction over the Work; or (11) City’s exercise or enforcement of any of its rights or Contractor’s duties pursuant to the Contract Documents, including correction of defective Work, extra inspections or testing due to non-compliance with Contract requirements, safety compliance, environmental compliance, or rejection and return of defective or deficient submittals. (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”). Contractor is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay. Delay due to causes that are beyond the control of either City or Contractor, including Weather Delay Days, discovery of Historic or Archeological Items pursuant to Section 7.18, or the actions or inactions of third parties or other agencies, is not Compensable Delay, and will only entitle Contractor to an extension of time commensurate with the time lost due to such delay. (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 Project site 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: 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 Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 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. d. Contractor must take reasonable steps to mitigate the consequences of Weather Delay Days, including prudent workforce management and protecting the Work, Project Site, materials, and equipment. (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 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 Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 54 is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay. Contractor is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to City. (4) Burden of Proof. Contractor has the burden of proving that: the delay was an Excusable or Compensable Delay, as defined above; Contractor has fully complied with its scheduling obligations in Section 5.2, Schedule Requirements; Contractor has made reasonable efforts to mitigate the delay and its schedule and cost impacts; the delay will unavoidably result in delaying Final Completion; and any Recoverable Costs claimed by Contractor were actually incurred and were reasonable under the circumstances. (5) Legal Compliance. Nothing in this Section 5.3 is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code 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 Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. Contractor’s sole recourse for an unresolved dispute based on City’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the dispute resolution provisions set forth in Article 12 below. 5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code 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. (A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable or Compensable Delay, as set forth above. (B) Milestones. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents. (C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to Contractor, including progress payments, Final Payment, or unreleased retention. If there are insufficient Contract funds remaining to Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 55 cover the full amount of liquidated damages assessed, City is entitled to recover the balance from Contractor or its performance bond surety. (D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of the Project and will not operate as a waiver of City’s right to assess liquidated damages for Contractor’s Non-Excusable Delay in achieving Final Completion. (E) Other Remedies. City’s right to liquidated damages under this Section applies only to damages arising from Contractor’s Non-Excusable Delay or failure to complete the Work within the Contract Time. City retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, costs or diminution in value from defective materials or workmanship, costs to repair or complete the Work, or other liability caused by Contractor.. Article 6 - Contract Modification 6.1 Contract Modification. Subject to the limited exception set forth in subsection (D) below, any change in the Work or the Contract Documents, including the Contract Price or Contract Time, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, including a “no-cost” Change Order or a unilateral Change Order. Change in the Work pursuant to this Article 6 will not operate to release, limit, or abridge Contractor’s warranty obligations pursuant to Article 11 or any obligations of Contractor’s bond sureties. (A) City-Directed Changes. City may direct changes in the scope or sequence of Work or the requirements of the Contract Documents, without invalidating the Contract. Such changes may include Extra Work as set forth in subsection (C) below, 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 for cost savings resulting from “value engineering” pursuant to Public Contract Code section 7101 except to the extent authorized in advance by City in writing , and subject to any applicable procedural requirements for submitting a proposal for value engineering cost savings. (B) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City-directed change in the Work, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. Likewise, in the event that City and Contractor dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute Extra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute, as directed by City. If Contractor refuses to perform the Work in dispute, City may, acting in its sole discretion, elect to delete the Work from the Contract and Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 56 reduce the Contract Price accordingly, and self-perform the Work or direct that the Work be performed by others. Alternatively, City may elect to terminate the Contract for convenience or for cause. Contractor’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below. (C) Extra Work. City may direct Contractor to perform Extra Work related to the Project. Contractor must promptly perform any Extra Work as directed or authorized by City in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra Work. Contractor must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that Contractor performs Extra Work, or Work that Contractor contends is Extra Work, Contractor must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The Engineer will make any adjustments to Contractor’s Extra Work Report(s) based on the Engineer’s records of the Work. When an Extra Work Report(s) is agreed on and signed by both City and Contractor, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day. (D) Minor Changes and RFIs. Minor field changes, including RFI replies from City, that do not affect the Contract Price or Contract Time and that are approved by the Engineer acting within his or her scope of authority, do not require a Change Order. By executing an RFI reply from City, Contractor agrees that it will perform the Work as clarified therein, with no change to the Contract Price or Contract Time. (E) Remedy for Non-Compliance. Contractor’s failure to promptly comply with a City-directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct the cost from the Contract Price. 6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for a change in the Work, compensation for Extra Work, or a change in the Contract Price or Contract Time as a written Change Order request or proposal. (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. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 57 (C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions. Upon request, Contractor must permit City to inspect its original and unaltered bidding records, subcontract agreements, subcontract change orders, purchase orders, invoices, or receipts associated with the claimed costs. (D) Required Form. Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. (E) Certification. All Change Order requests must be signed by Contractor and must include the following certification: “The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Contractor warrants that this Change Order request is comprehensive and complete as to the Work or changes referenced herein, and agrees that any known or foreseeable costs, expenses, or time extension requests not included herein are deemed waived. 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, listed below in the order listed with unit pricing taking precedence over the other methods. Markup applies only to City-authorized time and material Work, and does not apply to any other payments to Contractor. (A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or in a post award schedule of values pursuant to Section 8.1, Schedule of Values, will apply to determine the price for the affected Work, to the extent applicable unit prices have been provided for that type of Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation. (B) Lump Sum. A mutually agreed upon 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, if and only to the extent compensation on a time and materials basis is expressly authorized by City in advance of Contractor’s performance of the Work and subject to any not-to-exceed limit. Time and materials compensation for increased costs or Extra Work (but not decreased costs or deleted Work), will include allowed markup for overhead, profit, and other indirect costs, and which may include a not-to-exceed limit, calculated as the total of the following sums: (1) All direct labor costs provided by the Contractor, excluding superintendence, project management, or administrative costs, plus 15% markup; (2) All direct material costs provided by the Contractor, including sales tax, plus 15% markup; (3) All direct plant and equipment rental costs provided by the Contractor, plus 15% markup; (4) All direct additional subcontract costs plus 10% markup for Work performed by Subcontractors; and Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 58 (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 Work. Article 7 - General Construction Provisions 7.1 Permits, Fees, Business License, and Taxes. (A) Permits, Fees, and City Business License. Contractor must obtain and pay for all permits, fees, or licenses required to perform the Work, 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 records of permits and permit applications, payments of required fees, and any licenses, required for the Work. The Contractor and its Subcontractor(s) must obtain a City Business License before beginning Work on the Project, unless its sole business contract within the City is the sale of goods or services to the City itself. (B) Taxes. Contractor must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax. 7.2 Temporary Facilities. Contractor must provide, at Contractor’s sole expense, any and all temporary facilities for the Project, including an onsite staging area for materials and equipment, a field office, sanitary facilities, utilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any incidental utility services. The location of all temporary facilities must be approved by the City prior to installation. Temporary facilities must be safe and adequate for the intended use and installed and maintained in accordance with Laws and the Contract Documents. Contractor must fence and screen the Project site and, if applicable, any separate Worksites, including the staging area, and its operation must minimize inconvenience to neighboring properties. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. (A) Utilities. Contractor must install and maintain the power, water, sewer and all other utilities required for the Project site, including the piping, wiring, l internet and wifi connection, and any related equipment necessary to maintain the temporary facilities. (B) Removal and Repair. Contractor must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. Contractor must promptly repair any damage to City’s property or to other property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 59 (C) Additional Requirements. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. 7.3 Noninterference and Site-Management. Contractor must avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. Contractor must also minimize disruption of access to private property in the Project vicinity. Contractor must coordinate with affected property owners, tenants, and businesses, and maintain some vehicle and pedestrian access to their residences or properties at all times. Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, Contractor must provide effective notice to the affected parties at least 2 working days in advance of the pending closure and allow them to remove vehicles. Private driveways, residences and parking lots must have access to a roadway during non-Work hours. (A) Offsite Acquisition. Unless otherwise provided by City, Contractor must acquire, use and dispose of, at its sole expense, any additional Worksites, licenses, easements, and temporary facilities necessary to access and perform the Work. (B) Offsite Staging Area and Field Office. If additional space beyond the Project site is needed, such as for the staging area or the field office, Contractor may need to make arrangements with the nearby property owner(s) to secure the space. Before using or occupying any property owned by a third party, Contractor must provide City with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding City harmless from any related liability, in a form acceptable to the City Attorney. (C) Traffic Management. Contractor must provide traffic management and traffic controls as specified in the Contract Documents, as required by Laws, and as otherwise required to ensure the public and worker safety, and to avoid interference with public or private operations or the normal flow of vehicular, bicycle, or pedestrian traffic. Any traffic management plans required to be submitted, must be prepared by a California License Professional including Registration Stamp and reviewed and accepted by the City prior to installation of any traffic management controls. 7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by Laws or by the Contract Documents, without City’s prior written approval as to size, design, and location. 7.5 Project Site and Nearby Property Protections. (A) General. Contractor is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work, the Project site, and the materials and equipment to be incorporated into the Work, until the 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 Plans and Specifications. Contractor is liable for any damage caused by Contractor or its Subcontractors to the Work, City’s property, the property of adjacent or nearby property owners, and the work or personal property of other contractors working for City. 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, any Worksite, including the Project site. City’s real or personal property, and the real or personal property of adjacent or nearby property owners, including plant and tree protections. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 60 (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. (5) Contractor will not permit any structure or infrastructure to be loaded in a manner that will damage or endanger the integrity of the structure or infrastructure. (B) Securing Project Site. After completion of Work each day, Contractor must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless City approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. Contractor and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documents or pursuant to prior written authorization from City. (C) Unforeseen Conditions. If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Plans or apparent from inspection of the Project site, Contractor must immediately notify the City and promptly submit a Request for Information to obtain further direction from the Engineer. Contractor must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the Engineer. The Engineer’s written response will be final and binding on Contractor. If the Engineer’s subsequent direction to Contractor affects Contractor’s cost or time to perform the Work, Contractor may submit a Change Order request as set forth in Article 6 above. (D) Support; Adjacent Properties. Contractor must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to City’s property and adjacent properties and improvements thereon. Contractor must provide notifications to adjacent property owners as may be required by Laws. See also, Section 7.15, Trenching of Five Feet or More. (E) Notification of Property Damage. Contractor must immediately notify the City of damage to any real or personal property resulting from Work on the Project. Contractor must immediately provide a written report to City of any such property damage within 24 hours of the occurrence. The written report must include: (1) the location and nature of the damage, and the owner of the property, if known; (2) the name and address of each employee of Contractor or any Subcontractor involved in the damage; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 61 Contractor is required to file an accident report with another government agency, Contractor will provide a copy of the report to City. 7.6 Materials and Equipment. (A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. Contractor must employ measures to preserve the specified quality and fitness of the materials and equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation, and must be installed in accordance with the manufacturer’s recommendations or instructions. Contractor is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work, Contractor is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at Contractor’s sole cost until City has formally accepted the Project as set forth in Section 11.1 , Final Completion Contractor will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered. (B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, Contractor is solely responsible for the proper examination, handling, storage, and installation in accordance with the Contract Documents. Contractor must notify City of any defects discovered in City-provided materials or equipment, sufficiently in advance of scheduled use or installation to afford adequate time to procure replacement materials or equipment as needed. Contractor is solely responsible for any loss of or damage to such items which occurs while the items are in Contractor’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to Contractor. (C) 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. (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 Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 62 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 Special Conditions or in the Specifications or in a Change Order for Contractor to make use of or incorporate specified Site Materials in the Work. (G) Mined Materials. Pursuant to the Surface Mining and Reclamation Act of 1975, Public Resources Code § 2710 et seq., any purchase of mined materials, such as construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation included on the AB 3098 List, which is available online at: ftp://ftp.consrv.ca.gov/pub/omr/AB3098%20List/AB3908List.pdf. 7.7 Substitutions. (A) “Or Equal.” Any Specification designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate the quality and type of item or service desired, and Contractor may request use of any equal item or service. Unless otherwise stated in the Specifications, any reference to a specific brand or trade name for an item that is used solely for the purpose of describing the type of item desired, will be deemed to be followed by the words “or equal.” A substitution will only be approved if it is a true “equal” item in every aspect of design, function, and quality, as determined by City, including dimensions, weight, maintenance requirements, durability, fit with other elements, and schedule impacts. (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. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 63 (E) Approval or Rejection. If the proposed substitution is approved, Contractor is solely responsible for any additional costs or time associated with the substituted item or service. If the proposed substitution is rejected, Contractor must, without delay, install the item or use the service as specified by City. (F) Contractor’s Obligations. City’s approval of a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements. 7.8 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 Worksite, 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 testing or inspection. Neither City’s inspection or testing of Work, nor its failure to do so, operate to waive or limit Contractor’s duty to complete the Work in accordance with the Contract Document. (B) Scheduling and Notification. Contractor must cooperate with City in coordinating the inspections and testing. Contractor must submit samples of materials, at Contractor’s expense, and schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Contractor must notify the Engineer 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. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 64 (4) Contractor is responsible for properly shoring all compaction test sites deeper than five feet below grade, as required under Section 7.15 below. (5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or corrected by Contractor, at Contractor’s sole expense, even if that Work or material was previously inspected or included in a progress payment. (D) Contractor’s Obligations. All Work and materials must conform to the lines, grades, typical cross sections, dimensions, material requirements, and tolerances shown or described by the Plans and Specifications. City, acting in its sole discretion, will determine whether Work or materials conform to the Plans 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 Plans 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 also apply to final inspection under Article 11, Completion and Warranty Provisions. 7.9 Project Site Conditions and Maintenance. Contractor must at all times, on a 24-hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean, neat and sanitary condition and in compliance with all Laws pertaining to safety, air quality and dust control. Adequate toilets must be provided, and properly maintained and serviced for all workers on the Project site, located in a suitably secluded area, subject to City’s prior approval. Contractor must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site. (A) Protection of Existing Property, Structures, and Utilities. If the Plans 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 Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 65 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. (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 Laws. (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 water is used for dust control, Contractor will only use the minimum necessary. Contractor must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section 7.20, Storm Water Pollution Control. If City determines that the dust control is not adequate, City may have the work done by others and deduct the cost from the Contract Price. Contractor will immediately remove any excess excavated material from the Project site and any dirt deposited on public streets. (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 the storm drain system. (F) Completion. At the completion of the Work, Contractor must remove from the Project site all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Project site, Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. Contractor must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Contractor must provide all cutting, fitting and patching needed to accomplish that requirement. Contractor must also repair or replace Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 66 all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. Contractor must restore to original condition all property or items that are not designated for alteration under the Contract Documents and leave each Worksite clean and ready for occupancy or use by City. (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 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 train City’s personnel in the operation and maintenance of any complex equipment or systems as a condition precedent to Final Completion, if required in the Contract Documents. 7.11 As-built Drawings. Contractor and its Subcontractors must prepare and maintain at the Project site a detailed, complete and accurate as-built set of Plans which will be used solely for the purpose of recording changes made in any portion of the original Plans in order to create accurate record drawings at the end of the Project. (A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. 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, the City may choose withhold the estimated cost for City to have the as-built drawings prepared from payments otherwise due to Contractor. Actual locations to scale must be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilities installed underground, in walls, floors, or otherwise concealed. Deviations from the original Plans must be shown in detail. The exact location of all main runs, whether piping, conduit, ductwork or drain lines, must be shown by dimension and elevation. The location of all buried pipelines, appurtenances, or other improvements must be represented by coordinates and by the horizontal distance from visible above-ground improvements. (B) Final Completion. Contractor must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as-built drawings to the Engineer for review and acceptance as a condition precedent to Final Completion and Final Payment. 7.12 Existing Utilities. (A) General. The Work may be performed in developed, urban areas with existing utilities, both above and below ground, including utilities identified in the Contract Documents or in other informational documents or records. Contractor must take due Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 67 care to locate identified or reasonably identifiable utilities before proceeding with trenching, excavation, or any other activity that could damage or disrupt existing utilities. This may include excavation with small equipment, potholing, or hand excavation, and, if practical, using white paint or other suitable markings to delineate the area to be excavated. Except as otherwise provided herein, Contractor will be responsible for costs resulting from damage to identified or reasonably identifiable utilities due to Contractor’s negligence or failure to comply with the Contract Documents, including the requirements in this Article 7. (B) Unidentified Utilities. Pursuant to Government Code 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 Plans or Specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Contractor will not be assessed liquidated damages for delay in completion of the Work, to the extent the delay was caused by City’s failure to provide for removal or relocation of the utility facilities. 7.13 Notice of Excavation. Contractor must comply with all applicable requirements in Government Code sections 4216 through 4216.5, which are incorporated by reference herein. Government Code section 4216.2 requires that, except in an emergency, Contractor must contact the appropriate regional notification center, or Underground Services Alert, at least two working days but not more than 14 calendar days before starting any excavation if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations. Contractor may not begin excavation until it has obtained and submitted to Engineer an inquiry identification number from Underground Services Alert. 7.14 Trenching and Excavations of Four Feet or More. As required by Public Contract Code 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 Laws; (2) Subsurface or latent physical conditions at the Project site differing from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids; or (3) Unknown physical conditions at the Project site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 68 (B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions materially differ from those indicated, apparent, or reasonably inferred from information about the Project site made available to bidders, or involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, City will issue a Change Order. (C) Disputes. In the event that a dispute arises between City and Contractor regarding any of the conditions specified in subsection (B) above, or the terms of a Change Order issued by City, Contractor will not be excused from completing the Work within the Contract Time, but must proceed with all Work to be performed under the Contract. Contractor will retain any and all rights provided either by the Contract or by 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 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, included any changes directed by a Change Order. 7.18 Historic or Archeological Items. (A) Contractor’s Obligations. Contractor must ensure that all persons performing Work at the Project site are required to immediately notify the Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, a burial ground, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”). (B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85-foot radius of the find and may not resume until authorized in writing by City. If required by City, Contractor must assist in protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as Extra Work on a time and materials basis under Article 6, Contract Modification. At City’s discretion, a suspension of Work required due to discovery of Historic or Archeological Items may be treated as Excusable Delay pursuant to Article 5, or as a suspension for convenience under Article 13. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 69 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; (4) Specify if the waste will be sorted onsite or bulk-mixed; and (5) Name and address of recycling facility(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, Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 70 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 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 Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 71 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. 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. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 72 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. 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. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 73 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. 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. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 74 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. 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. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 75 (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. 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. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 76 (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 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. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 77 (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. (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. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 78 (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. (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 Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 79 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 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; Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 80 (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 in the schedule of values must be consistent with the Bid Schedule. Each line item contained in the schedule of values must be assigned a value such that the total of all items equals the Contract Price. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with Contractor’s bid. (A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing will be measured according to the methods specified in the Contract Documents. (B) Deleted or Reduced Work. Contractor will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that Contractor reasonably incurred before Contractor learned that the Work could be deleted or reduced. Contractor will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits. 8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit to the Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month. (A) Application for Payment. Each application for payment must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Project site, as well as authorized and approved Change Orders. Each payment application must be supported by the unit prices submitted with Contractor’s Bid Schedule and/or schedule of values and any other substantiating data required by the Contract Documents. (B) Payment of Undisputed Amounts. City will pay the undisputed amount due within 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 Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 81 listed below. Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists. (A) For Contractor’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work; (B) For loss or damage caused by Contractor or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Project Site, City may deduct an amount based on the estimated cost to repair or replace; (C) For Contractor’s failure to pay its Subcontractors and suppliers when payment is due; City may withhold an amount equal to the total of past due payments and may opt to pay that amount separately via joint check pursuant to Section 8.6(B), Joint Checks. (D) For Contractor’s failure to timely correct rejected, nonconforming, or defective Work, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work; (E) For any unreleased stop notice, City may withhold 125% of the amount claimed; (F) For Contractor’s failure to submit any required schedule or schedule update in the manner and within the time specified in the Contract Documents, City may withhold or deduct an amount an amount equal to ten percent of the total amount requested until Contractor complies with its schedule submittal obligations. (G) For Contractor’s failure to maintain or submit as-built documents in the manner and within the time specified in the Contract Documents, City may withhold or deduct an amount based on the City’s cost to prepare the as-builts; (H) For Work performed without Shop Drawings that have been accepted by City, when accepted Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated costs to correct unsatisfactory work or diminution in value; (I) For fines, payments, or penalties assessed under the Labor Code, City may deduct from payments due to Contractor as require by Laws and as directed by the Division of Labor Standards Enforcement. (J) For any other costs or charges that may be withheld or deducted from payments to Contractor, as provided in the Contract Documents, including liquidated damages, City may withhold or deduct such amounts from payment otherwise due to Contractor. (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 full amount due on each progress payment (i.e., the amount due before any withholding or deductions pursuant to Section 8.3, Adjustment to Payment Application), or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and satisfactory performance of the Work. Contractor is not entitled to any reduction in the rate of withholding at any time, nor to release of any retention before 35 days following City’s acceptance of the Project. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 82 (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. If City exercises its right to draw upon such securities in the event of default pursuant to section (7) of the statutory Escrow Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (f) of Public Contract Code Section 22300 (“Escrow Agreement”), and if Contractor disputes that it is in default, its sole remedy is to comply with the dispute resolution procedures in Article 12 and the provisions therein. It is agreed that if any individual authorized to give or receive written notice on behalf of a party pursuant to section (10) of the Escrow Agreement are unavailable to give or receive notice on behalf of that party due to separation from employment, retirement, death, or other circumstances, the successor or delegee of the named individual is deemed to be the individual authorized to give or receive notice pursuant to section (10) of the Escrow Agreement. (B) Release of Undisputed Retention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld pursuant to Section 8.3 Adjustment of Payment Application, will be released as Final Payment to Contractor no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by City’s governing body or authorized designee pursuant to Section 11.1(D) Acceptance, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete pursuant to Public Contract Code section 7107(c). 8.6 Payment to Subcontractors and Suppliers. Each month, Contractor must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Project site by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of Laws pertaining to such payments, and those of the Contract Documents and applicable subcontract or supplier contract. (A) Withholding for Stop Notice. Pursuant to Civil Code 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. (B) Joint Checks. City reserves the right, acting in its sole discretion, to issue joint checks made payable to Contractor and a Subcontractors or supplier, if City determines this is necessary to ensure fair and timely payment for a Subcontractor or supplier who has provided services or goods for the Project. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by the City Attorney’s Office. The joint check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint check. Payment by joint check will not be construed to create a contractual relationship between City and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement. 8.7 Final Payment. Contractor’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section 8.2, above. Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. If Contractor fails to submit a timely application for Final Payment, City reserves the right to Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 83 unilaterally process and issue Final Payment without an application from Contractor in order to close out the Project. For the purposes of determining the deadline for Claim submission pursuant to Article 12, the date of Final Payment is deemed to be the date that City acts to release undisputed retention as final payment to Contractor, or otherwise provides written notice to Contractor of Final Payment or that no undisputed funds remain available for Final Payment due to offsetting withholdings or deductions pursuant to Section 8.3, Adjustment of Payment Application. If the amount due from Contractor to City exceeds the amount of Final Payment, City retains the right to recover the balance from Contractor or its sureties. 8.8 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment (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. 8.9 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work or delivered to a Project site, and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon any payment to Contractor. Article 9 - Labor Provisions 9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. Contractor and its Subcontractors are required to comply with all applicable Laws prohibiting discrimination, including the California Fair Employment and Housing Act (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. Pursuant to Labor Code section 1810, eight hours of labor constitute a legal day’s work under this Contract. (B) Penalty. Pursuant to 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. (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. Pursuant to 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 Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 84 at http://www.dir.ca.gov/dlsr. Contractor must post a copy of the applicable prevailing rates at the Project site. (A) Penalties. Pursuant to Labor Code 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 currently applicable state or federal prevailing wage rates. 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 the requirements of this section. If Contractor or Subcontractor fails to do so within the ten day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor. 9.5 Labor Compliance. Pursuant to Labor Code 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 and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 85 persons at any Worksite, materials and equipment stored on or off site, and property at or adjacent to the Worksite. (A) Reporting Requirements. Contractor must immediately notify the City of any death, serious injury or illness resulting from Work on the Project. Contractor must immediately provide a written report to City of each recordable accident or injury occurring at any Worksite within 24 hours of the occurrence. The written report must include: (1) the name and address of the injured or deceased person; (2) the name and address of each employee of Contractor or of any Subcontractor involved in the incident; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with a government agency, Contractor will provide a copy of the report to City. (B) Legal Compliance. Contractor’s safety program must comply with the applicable legal and regulatory requirements. Contractor must provide City with copies of all notices required by Laws. (C) Contractor’s Obligations. Any damage or loss caused by Contractor arising from the Work which is not insured under property insurance must be promptly remedied by Contractor. (D) Remedies. If City determines, in its sole discretion, that any part of the Work or Project site is unsafe, City may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If Contractor fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with City’s request for corrective measures pursuant to this provision. 10.2 Hazardous Materials. Unless otherwise specified in the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to City. No asbestos, asbestos-containing products or other Hazardous Materials may be used in performance of the Work. 10.3 Material Safety. Contractor is solely responsible for complying with 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 Safety Data Sheets (“SDS”) at the Project site, as required by law, for materials or substances used or consumed in the performance of the Work. The SDS will be accessible and available to Contractor’s employees, Subcontractors, and City. (A) Contractor Obligations. Contractor is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Project site and/or used in the performance of the Work. Contractor must notify the Engineer if a specified product or material cannot be used safely. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 86 (B) Labeling. Contractor must ensure proper labeling on any material brought onto the Project site so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal. 10.4 Hazardous Condition. Contractor is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition exists or is created, Contractor must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances. Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Project site condition, the method of construction, or the way any Work must be performed. 10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or property at or adjacent to any Worksite, Contractor must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the City if, under the circumstances, there is inadequate time to seek prior authorization from the City. Article 11 - Completion and Warranty Provisions 11.1 Final Completion. (A) Final Inspection and Punch List. When the Work required by this Contract is fully performed, Contractor must provide written notification to City requesting final inspection. The Engineer will schedule the date and time for final inspection, which must include Contractor’s primary representative for this Project and its superintendent. Based on that inspection, City will prepare a punch list of any items that are incomplete, missing, defective, incorrectly installed, or otherwise not compliant with the Contract Documents. The punch list to Contractor will specify the time by which all of the punch list items must be completed or corrected. The punch list may include City’s estimated cost to complete each punch list item if Contractor fails to do so within the specified time. The omission of any non-compliant item from a punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents. Contractor’s failure to complete any punch list item within the time specified in the punch list will not waive or abridge its warranty obligations for any such items that must be completed by the City or by a third party retained by the City due to Contractor’s failure to timely complete any such outstanding item. (B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City’s further inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, instructions and manuals as required under Section 7.10, and complete, final as-built drawings as required under Section 7.11, all to City’s satisfaction. (C) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, unless the Engineer is authorized to accept the Project, in which case the Project will be considered accepted upon the date of the Engineer’s issuance of a written notice of acceptance. In order to avoid delay of Project close out, the City may elect, acting in its sole discretion, to accept the Project as complete subject to exceptions for punch list items that are not completed within the time specified in the punch list. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 87 (D) Final Payment and Release of Retention. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If Contractor fails to complete all of the punch list items within the specified time, City may withhold up to 150% of City’s estimated cost to complete each of the remaining items from Final Payment and may use the withheld retention to pay for the costs to self- perform the outstanding items or to retain a third party to complete any such outstanding punch list item. 11.2 Warranty. (A) General. Contractor warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. Contractor warrants that materials or items incorporated into the Work comply with the requirements and standards in the Contract Documents, including compliance with Laws, and that any Hazardous Materials encountered or used were handled as required by Laws. At City’s request, Contractor must furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance. (B) Warranty Period. Contractor’s warranty must guarantee its Work for a period of one year from the date of 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 Final Completion, Contractor must supply City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers. (D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by Contractor and its Subcontractors, and Contractor agrees to be co- guarantor of such Work. (E) Contractor’s Obligations. Upon written notice from City to Contractor of any defect in the Work discovered during the Warranty Period, Contractor or its responsible Subcontractor must promptly correct the defective Work at its own cost. Contractor’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which Contractor was notified prior to expiration of the Warranty Period. Work performed during the Warranty Period (“Warranty Work”) will be subject to the warranty provisions in this Section 11.2 for a one-year period that begins upon completion of such Warranty Work to City’s satisfaction. (F) City’s Remedies. If Contractor or its responsible Subcontractor fails to correct defective Work within ten days following notice by City, or sooner if required by the circumstances, 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 Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 88 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 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 of the Project, in whole or in part prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or Contractor’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect. (B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to Contractor’s cost or time to complete the Work within the Contract Time. 11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Subcontractor performs Work on the Project prior to 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 a change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, when the demand has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected or disputed by City, in whole or in part. (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 Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 89 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 perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute. (E) Informal Resolution. Contractor will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face-to-face meeting between authorized representatives of Contractor and City. 12.2 Claims Submission. The following requirements apply to any Claim subject to this Article: (A) Substantiation. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Article 12, and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts. (B) Claim Format and Content. A Claim must be submitted in the following format: (1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 12, and specifying the requested remedy (e.g., amount of proposed change to Contract Price and/or change to Contract Time). (2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue, including the specific Change Order request (by number and submittal date), and the date of City's rejection of that demand, in whole or in part. (3) Provide a detailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently, separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim: a. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position; Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 90 b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, RFIs, calculations, and schedule analysis (see subsection (A), Substantiation, above); c. A chronology of relevant events; and d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested. (4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, Contractor must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts. (5) Include the following certification, executed by Contractor’s authorized representative: “The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. Contractor warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived. Contractor understands that submission of a Claim which has no basis 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. This Claim deadline applies even if Contractor cannot yet quantify the total amount of any requested change in the Contract Time or Contract Price. If the Contractor cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by Contractor. (2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment, or will be deemed waived. (3) A Claim disputing the amount of Final Payment must be submitted within 15 days of the effective date of Final Payment, under Section 8.7, Final Payment. (4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor. 12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and Contractor or as otherwise allowed under Public Contract Code section 9204. However, if City determines that the Claim is not adequately substantiated pursuant to Section 12.2(A), Substantiation, City may first Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 91 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. If Contractor’s Claim is based on estimated amounts, Contractor has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim. (B) Non-Waiver. Any failure by City to respond within the times specified above will not be construed as acceptance of the Claim in whole or in part, or as a waiver of any provision of these Contract Documents. 12.4 Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response, or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, Contractor may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to dispute City’s response in writing within the specified time, Contractor’s Claim will be deemed waived. (A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. (C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any. (D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the Contractor may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below. 12.5 Mediation and Government Code Claims. (A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and Contractor will mutually agree to a mediator, as provided under Public Contract Code 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 the mediator and mediation fees equally, but each party is otherwise solely and separately responsible for its own cost to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 92 (B) Government Code Claims. (1) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim. (2) The time for filing a Government Code Claim will be tolled from the time Contractor submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation. 12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims. 12.7 Arbitration. It is expressly agreed, under Code of Civil Procedure 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 Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non-availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier. 12.9 Legal Proceedings. In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the City's remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the City reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work. 12.10 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, including disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article 13. Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 93 Article 13 - Suspension and Termination 13.1 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct Work in accordance with the Contract Documents, including non-compliance with applicable environmental or health and safety Laws, City may immediately order the Work, or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to City’s satisfaction. (A) Failure to Comply. Contractor will not be entitled to an increase in the Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. (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. 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 pursuant to the terms of Article 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience, except to the extent that any such impacts were caused by Contractor’s failure to comply with the Contract Documents or the terms of suspension notice.. However, the time for completing the Project will only be extended if the suspension causes or will cause delay in Final Completion. If Contractor disputes the terms of a Change Order issued for such equitable adjustment due to suspension, its sole recourse is to comply with the Claim procedures in Article 12. 13.3 Termination for Default. City may declare that Contractor is in default of the Contract for a material breach of or inability to fully, promptly, or satisfactorily perform its obligations under the Contract. (A) Default. Events giving rise to a declaration of default include Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; Contractor’s refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct defective Work or damage; Contractor’s failure to comply with Laws, or orders of any public agency with jurisdiction over the Project; evidence of Contractor’s bankruptcy, insolvency, or lack of financial capacity to complete the Work as required within the Contract Time; suspension, revocation, or expiration and nonrenewal of Contractor’s license or DIR registration; dissolution, liquidation, reorganization, or other major change in Contractor’s organization, ownership, structure, or existence as a business entity; unauthorized assignment of Contractor’s rights or duties under the Contract; or any material breach of the Contract requirements. (B) Notice of Default and Opportunity to Cure. Upon City’s declaration that Contractor is in default due to a material breach of the Contract Documents, if City determines that the default is curable, City will afford Contractor the opportunity to cure the default within ten days of City’s notice of default, or within a period of time reasonably necessary for such cure, including a shorter period of time if applicable. (C) Termination. If Contractor fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 94 notice of default, City may issue written notice to Contractor and its performance bond surety of City’s termination of the Contract for default. (D) Waiver. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond within seven calendar days from the date of the notice of termination pursuant to paragraph (C), City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination, where “additional cost” means all cost in excess of the cost City would have incurred if Contactor had timely completed Work without the default and termination. In addition, City will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on City property for the purposes of completing the remaining Work (E) Compensation. Within 30 days of receipt of updated as-builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to City of all equipment and materials for the Project for which Contractor has already been compensated, Contractor will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold or deduct sums from payment otherwise due pursuant to Section 8.3, and excluding any costs Contractor incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If Contractor disputes the amount of compensation determined by City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of the total compensation to be paid by City. (F) Wrongful Termination. If Contractor disputes the termination, its sole recourse is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and Contractor’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below. Contractor waives any claim for any other damages for wrongful termination including special or consequential damages, lost opportunity costs, or lost profits, and any award of damages is subject to Section 12.8, Burden of Proof and Limitations. 13.4 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. (A) Compensation to Contractor. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to Contractor, and Contractor will not be entitled to any additional claim or compensation: (1) Completed Work. The value of its Work satisfactorily performed as of the date notice of termination is received, based on Contractor’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work; (2) Demobilization. Demobilization costs specified in the schedule of values, or if demobilizations cost were not provided in a schedule of values pursuant to Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 95 Section 8.1, then based on actual, reasonable, and fully documented demobilization costs; and (3) Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date. (B) Disputes. If Contractor disputes the amount of compensation determined by City pursuant to paragraph (A), above, its sole recourse is to comply with the Claim procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of total compensation to be paid by City. 13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part. (A) General. Upon termination City may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. Contractor will transfer title to and deliver all completed Work and all Work in progress to City. (B) Submittals. Unless otherwise specified in the notice of termination, Contractor must immediately submit to City all designs, drawings, as-built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, including incomplete documents or drafts. (C) Close Out Requirements. Except as otherwise specified in the notice of termination, Contractor must comply with all of the following: (1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with City’s instructions for cessation of labor and securing the Project and any other Worksite(s). (2) Comply with City’s instructions to protect the completed Work and materials, using best efforts to minimize further costs. (3) Contractor must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated. (4) As directed in the notice, Contractor must assign to City or cancel existing subcontracts that relate to performance of the terminated Work, subject to any prior rights, if any, of the surety for Contractor’s performance bond, and settle all outstanding liabilities and claims, subject to City’s approval. (5) As directed in the notice, Contractor must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to City. (D) Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination, Contractor will submit its request for Final Payment, including any amounts due following termination pursuant to this Article 13. Payment will be made in accordance to the provisions of Article 8, based on the Linda Vista Trail Project GENERAL CONDITIONS Project # 2020-08 Page 96 portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing, including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by Contractor; payments received for sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as otherwise specified in Section 8.3, Adjustment of Payment Application. (E) Continuing Obligations. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date. Article 14 - Miscellaneous Provisions 14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code 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 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. 14.6 Survival. The provisions that survive termination or expiration of this Contract include Contract Section 11, Notice, and subsections 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6, of Section 12, General Provisions; and the following provisions in these General Conditions: Section 2.2(J), Contractor’s Records, Section 2.3(C), Termination, Section 3.7, Ownership, Section 4.2, Indemnity, Article 12, Dispute Resolution, and Section 11.2, Warranty. END OF GENERAL CONDITIONS Linda Vista Trail Project SPECIAL CONDITIONS Project # 2020-08 Page 97 Special Conditions 1. Existing Equipment. 1.1 Contractor will carefully remove all existing equipment from the Project site. If the City specifies or indicates that equipment is to be salvaged and reused or to remain the property of City then the Contractor will reuse or return the equipment to the City. Contractor will store and protect salvaged equipment specified to be reused in the Work. Contractor will delivery to the City in good condition the equipment that is to remain City property but not be reused in the Work. 1.2 If an item specified to be salvaged is damaged during its removal, storage, or handling through carelessness or improper procedures, then Contractor will replace that equipment in kind or with a new item. For those items specified to be salvaged Contractor may choose to instead furnish and install new equipment, in which case the original, removed items will become Contractor’s property. Existing materials and equipment removed by Contractor will only be reused in the Work if so specified or indicated by the City. 2. Work Days and Hours. Work hours and noise pose a special concern for projects in residential neighborhoods. The City is very concerned for its residents and will diligently enforce the restrictions below. 2.1 Work Hours. 7:00 a.m.-5:00 p.m. local time, weekdays, 9:00 a.m. – 5:00 p.m. on Saturdays, 9:00 – 4:00 p.m. Sundays. 2.2 Worker Arrival and Parking. Workers may arrive at the Project site no earlier than 7:00 a.m. Violations of these requirements will result in a $3,000 dollar penalty to Bidder/Contractor, per occurrence. 2.3 Equipment and Material Delivery and Off-Haul Hours. No equipment or material may be delivered or off-hauled except between the hours of 7:00 a.m. and 5:00 p.m. No equipment that has a safety back up beeper may be operated before 7:00 a.m. on any day. 2.4 Work Days Only. Work will only be performed on Work Days, as defined in the General Conditions, unless Contractor requests otherwise from City in writing at least 2 working days in advance, and City approves the request in its sole discretion. In the case of Work by Contractor after normal working hours, 2.5 Connections to Existing Facilities. Unless otherwise specified or indicated, Contractor will make all necessary connections to existing facilities, 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 Road Shutdown. Contractor will execute the Work while roads are in operation except for the periods of permitted shutdown. For shutdown periods, Contractor will prepare and submit a detailed plan that includes shutdown schedule, planned sequence of work, milestones and projected times of completions of activities, any anticipated problems, Contractor’s supervisory personnel, actions desired of City and staff, and contingency plans. Contractor will allow sufficient time for review and re-submittal of the shutdown plan until acceptable to City. Contractor will employ sufficient labor, superintendence, and equipment on a 24-hour, 7 days a week basis during shutdown Linda Vista Trail Project SPECIAL CONDITIONS Project # 2020-08 Page 98 and other operational disruptions to complete Work within the specified periods at no additional cost to the City. Once initiated, Work may proceed on extra shift or around- the-clock basis as necessary. When required to minimize treatment process interruptions while complying with specified sequencing constraints, Contractor will provide power, lighting, controls, instrumentation, and safety devices. 2.7 Noise Limitation. No non-construction noise will be allowed, this includes amplified music, radio or other noise not due to construction activities. 3. SUBMITTALS FOR QUALITY ASSURANCE. In the Technical Specifications, the City may specify quality assurance requirements, including qualifications for special skills and experience required of the Contractor. For any specified skill, the Contractor may use a subcontractor that specializes in the work and meets the performance requirements or the Contractor may self-perform the work, subject to demonstrating the necessary skill, experience, and/or certifications to perform the work. The Contractor will submit verification that the materials and labor skills meet the specified requirements prior to implementing the specific work though the submittal process. 4 Authorized Work Days and Hours. 4.1 Authorized Work Days. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project on the following days of the week, excluding holidays observed by City: Monday - Friday 4.2 Authorized Work Hours. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project during the following hours: 7:00 AM – 5:00 PM 5. Lines and Grades Verification All Work must be done to the lines, grades, and elevations indicated on the Plans and Specifications, and in accordance with all applicable codes and laws. Contractor is required to verify forms and other work comply with lines, grades and elevations. Prior to pouring or placing any concrete or asphalt Contractor must have a California licensed land surveyor or civil engineer field verify lines, grades and elevations prior to proceeding with the placement of concrete or asphalt. The land surveyor or civil engineer must have at least five years of relevant experience, and must be acceptable to the City. Contractor must provide City verification of the licensing and experience for each proposed land surveyor or civil engineer. Contractor must provide City with inspection results for form and grade work. Contractor must remedy any non-compliant Work at no additional cost to City. 6. Parking Restrictions. Parking is not permitted on the Project site. Contractor and Subcontractors will direct their respective workers to park Linda Vista Park or other appropriate off-site locations, including public parking facilities or public streets adjacent to or near the Project site, in compliance with applicable parking restrictions and requirements, and without blocking driveways and access. Contractor and its Subcontractors will encourage their respective workers to carpool. 7. Pre-Construction Conference. City will designate a date and time for a pre- construction conference with Contractor following Contract execution. Project administration Linda Vista Trail Project SPECIAL CONDITIONS Project # 2020-08 Page 99 procedures and coordination between City and Contractor will be discussed, and Contractor must present City with the following information or documents at the meeting for City’s review and acceptance before the Work commences: 7.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent; 7.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours; 7.3 Staging plans that identify the sequence of the Work, including any phases and alternative sequences or phases, with the goal of minimizing the impacts on residents, businesses and other operations in the Project vicinity; 7.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer; 7.5 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; 7.6 Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to Contractor; 7.7 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers; 7.8 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements; 7.9 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; 7.10 If requested by City, Contractor’s cash flow projections; and 7.11 Any other documents specified in the Special Conditions or Notice of Award. 8. NOTIFICATION TO ABUTTING PROPERTIES Notification of Residents, Schools and Businesses – The Contractor shall notify, in writing, residents, businesses and schools within a 300 foot radius of project limits at a minimum of two times prior to start of construction. The first notice shall be given to all residents, businesses and schools within the project area five working days prior to any construction operation. The second notice shall be given to residents, businesses and schools two working days prior to any construction operation. Both notices shall be in writing and submitted to the Engineer for review and approval. Sample notice is below. Notices shall include the project name, describe the nature and duration of the Contractor’s operations, and provide a toll-free telephone number or (408) area code number at which a Contractor’s representative may be contacted 24 hour per day for problems or emergencies encountered by residents and/or businesses. Answering machines and voice mail shall not be permitted. Then notice will also contain the City’s Construction Management contact information. Linda Vista Trail Project SPECIAL CONDITIONS Project # 2020-08 Page 100 A separate notice shall be given at least two working days prior to any anticipated service/utility disruption or temporary closure of access to any driveway. The notice shall indicate the duration of the disruption. The Contractor shall submit a written request to the Engineer regarding the temporary closure of access to any driveway. No driveway access shall be closed by the Contractor at any time without prior written authorization from the Engineer. If construction operations are delayed for any reason beyond the duration stipulated in the notices, the Contractor shall re-issue written notices that explain the delay and provide a revised schedule. All written notices to residents, schools, businesses, agencies, etc. shall be submitted to the City for review and approval. Provide the City with a schedule of the notification deliveries so that the City can confirm that the notification was completed. Payment for compliance with this section shall be deemed included in the various other items of work, and no additional compensation will be allowed therefore. SAMPLE NOTICE: NOTICE TO RESIDENTS / BUSINESS OWNERS Date: [MONTH] [DAY], [YEAR] Subject: [NAME OF PROJECT] – [One Week OR Two Day] Notice This notice is to inform you that the City of Cupertino, Department of Public Works, has contracted with [CONTRACTOR NAME] to [SCOPE OF WORK] along [STREET NAME] from [ADJACENT CROSS STREET] to [ADJACENT CROSS STREET]. This [SCOPE OF WORK] will mainly occur on [WEEKDAYS, SEE “SCHEDULE OFWORKING DAYS/HOURS”] from [START TIME] to [END TIME] and is scheduled to start in your area APPROXIMATELY seven days from the date of this notice and will continue from [START DATE] until [END DATE]. Please be aware that there may be construction activities that cause traffic delays. [CONTRACTOR NAME] will make every effort to maintain normal traffic access and minimize disruption in your neighborhood. No Parking / TowǦAway signs will be posted in affected areas two working days in advance of enforcement. Access to driveways will be maintained at ALL times during the construction. Prior to activities in your immediate area, you will be sent a notification TWO WORKING DAYS before work begins. [CONTRACTOR NAME] and the City of Cupertino, Department of Public Works, apologize for any inconvenience due to these activities. If you have any questions or need assistance as these activities progress, please call the number(s) listed below: [CONTRACTOR NAME] [NAME OF PROJECT MANAGER, CONTRACTOR) Project Manager (XXX) XXXǦǦXXXX (24-hour number) City of Cupertino (NAME OF CONSTRUCTION MANAGEMENT FIRM IF ONE) (PERSON’S NAME FROM CONSTRUCTION MANAGEMENT FIRM) Linda Vista Trail Project SPECIAL CONDITIONS Project # 2020-08 Page 101 (XXX) XXXǦǦXXXX (24-hour number) City Office: (408)777-3354 Department of Public Works Thank you for your patience and cooperation, [NAME OF PROJECT MANAGER, CONTRACTOR], Project Manager [NAME OF CONSTRUCTION FIRM] END OF SPECIAL CONDITIONS SANFRANCISCOBAYSANTA CLARACOUNTYSAN MATEOCOUNTYSANTA CLARACOUNTYCUPERTINOCITY OFCivilEngineeringLandSurveyingBell&Asso,ecciciatesinc.7077 Koll Center Pkwy, Suite 210 Pleasanton, CA 94566Phone (925) 681-4885www.bellecci.comLINDA VISTA TRAILLINDA VISTA TRAIL IMPROVEMENTSPROJECT NO. 2020-08CUPERTINO, CALIFORNIAWILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR, UNAUTHORIZED CHANGES TO AND MUST BE APPROVED BY THE PREPARER OF THESE PLANS.OR USES OF THESE PLANS. ALL CHANGES TO THE PLANS MUST BE IN WRITING UNAUTHORIZED CHANGES & USES:THE ENGINEER PREPARING THESE PLANS NNSTEVENS CREEK BLVD STATE HWY 85MCCLELLAN ROADPROJECTSITEDATUM NOTECOVER SHEETSHEET INDEXUTILITY LEGENDGENERAL NOTESVICINITY MAPCITY ENGINEER'S SIGNATURE PUBLIC WORKSCHAD MOSLEYAPPROVED BY:RCE 66077 DATEABBREVIATIONSSITE MAPPROJECTLOCATIONS EST .195 5 CUPERTINOCITY OF Civil Engineering Land Surveying Bell &Asso ,ecci ciates inc. 7077 Koll Center Pkwy, Suite 210 Pleasanton, CA 94566 Phone (925) 681-4885 www.bellecci.com LINDA VISTA TRAIL TYPICAL SECTIONS & CIVIL DETAILS DETACHABLE BASE DETAIL BARRICADE DETAIL TYPICAL SECTION AT BAXLEY CT STA 24+33.67 TO STA 26+89.86 TYPICAL SECTION AT EXISTING TRAIL DRAINAGE DETAIL BOLLARD AT SOUTH ENTRANCE DETAIL EST .195 5 CUPERTINOCITY OF Civil Engineering Land Surveying Bell &Asso ,ecci ciates inc. 7077 Koll Center Pkwy, Suite 210 Pleasanton, CA 94566 Phone (925) 681-4885 www.bellecci.com LINDA VISTA TRAIL CIVIL DETAILS TEMPORARY FIBER ROLL PRIVACY FENCE OPTIONS TRAIL ENTRANCE WARNING SIGN POST & SIGN DETAIL 3'-0" FORK LATCH 3" MAXTYP3'-6"1'-6" TYP6'-0"3"6" CONC. FOOTING, TYP AGGREGATE BASE ROCK, CLASS 2, COMPACT TO 95%, TYP SUBGRADE, COMPACT TO 92%, TYP OR UNDISTURBED SUBGRADE GATE FRAME 14'-0" DEADBOLT GATE LOCK WITH MESH LATH SEE CIVIL PLANSEE CIVIL PLAN 3'-0"3'-0"GATE POST W/ CAP, 4" DIA, TYP HINGE, 2 PER GATE, TYP TOP RAIL, 2" DIA TENSION BAR, (4) SIDES, TYP CHAINLINK MESH 2-1/4" SQ WITH 15 MILS. OF BLACK VINYL COAT; TIE WIRES MIN 8. GAUGE PVC COATED FINISH GRADE BOTTOM RAIL, 2" DIA 2'-0" METAL SLEEVE, TYP DROP ROD, TYP TRUSS ROD, TYP END POST 2-7/8" GATE POST, 6" DIA 2'-0"2'-0"3'-6"3'-0"1"NOTES: 1.POSTS: PRESSURE TREATED DOUGLAS FIR (PTDF) #1 OR BETTER 2.RAILS: REDWOOD S4S CONSTRUCTION COMMON GRADE 3.FINISH: 2 COATS EXTERIOR PAINT WITH 1 COAT PRIMER, COLOR: WHITE 4.HARDWARE: ALL FENCING CONNECTORS TO BE GALVANIZED CONCRETE FOOTING, SLOPE TOP TO DRAIN 4"2x6 RAIL, TYP 4x4 POST 3/4" CHAMFER, TYP AGG BASE ROCK, CLASS 2, COMPACT TO 95% SECTION 5'-0" O.C MAX ELEVATION3'-0"EQEQ1'-6" SUBGRADE COMPACTED TO 92% NOTES 1.POSTS: PRESSURE TREATED DOUGLAS FIR (PTDF) #1 OR BETTER 2.RAILS, FACIA, & PICKET: REDWOOD S4S CONSTRUCTION COMMON GRADE 3.FINISH: 2 COATS EXTERIOR PAINT WITH 1 COAT PRIMER. COLOR: TBD BY HOMEOWNER 4.HARDWARE: ALL FENCING CONNECTORS TO BE GALVANIZED ELEVATION 8'-0" OC MAX 6"CONC FOOTING AGGREGATE BASE COMPACTED TO 95% COMPACTED SUBGRADE; COMPACT TO 92% 2x4 FACIA 1x6 VERT PICKET OVERLAPPING 6x6 POST 2x4 FACIA 2x6 BOTTOM RAIL SECTION2"3'-0", 4'-0", 5'-0" OR 6'-0", SEE CIVIL PLAN1"3'-0"1'-6" FINISHED GRADE 2x6 TOP RAIL PREMANUFACTURED PLASTIC CAP1 1/2"ELEVATION6"CONC FOOTING AGGREGATE BASE COMPACTED SUBGRADE; COMPACT TO 92% 2x4 FACIA 1x6 VERT PICKET OVERLAPPING 6x6 POST 2x4 FACIA SECTION1 1/2"2"4'-0"(NTS)1"3'-0" MIN1'-6" FINISHED GRADE 8'-0" OC MAX1/2" CHAMFER 2x6 BOTTOM RAIL 2x6 TOP RAIL NOTES 1.POSTS: PRESSURE TREATED DOUGLAS FIR (PTDF) #1 OR BETTER 2.RAILS, FACIA, & PICKET: REDWOOD S4S CONSTRUCTION COMMON GRADE 3.FINISH: STAIN COLOR TBD 4.HARDWARE: ALL FENCING CONNECTORS TO BE GALVANIZED 6"NOTES 1.POSTS: PRESSURE TREATED DOUGLAS FIR (PTDF) #1 OR BETTER FACIA: REDWOOD S4S CONSTRUCTION COMMON GRADE 2.FINISH: STAIN, COLOR TBD BY HOMEOWNER 3.HARDWARE: ALL FENCING CONNECTORS TO BE GALVANIZED CONC FOOTING AGGREGATE BASE COMPACTED TO 95% COMPACTED SUBGRADE; COMPACT TO 92% 1x6 FACIA 6x6 POST ELEVATIONSECTION6'-0"(NTS)1"3'-0" MIN1'-6" 8'-0" OC MAX FINISHED GRADE2"CONCRETE FOOTING EXISTING RETAINING WALL PLACE NEW FENCE AS CLOSE AS PRACTICAL TO EXISTING WALL. VERIFY LOCATION WITH ENGINEER PRIOR TO CONSTRUCTION PRIVACY FENCE, TYP PER CIVIL PLAN EXISTING RETAINING WALL PLANCL PICKET, TYP TRAIL SIDE OWNER SIDE BID SUBMITTAL CUPERTINOCITY OF Civil Engineering Land Surveying B ell &A sso ,ecci c i at es inc. 7077 Koll Center Pkwy, Suite 210 Pleasanton, CA 94566 Phone (925) 681-4885 www.bellecci.com LINDA VISTA TRAIL HARRIS DESIGN 755 Folger Avenue Berkeley, CA 94710 t: 510.647.3792 www.hd-la.com C2.3 SCALE: 1/2"=1'-0" ENTRANCE GATE1 SCALE: 1/2"=1'-0" SPLIT RAIL FENCE2 SCALE: 1/2"=1'-0" PRIVACY FENCE TYPE 34SCALE: 1/2"=1'-0" PRIVACY FENCE TYPE 13 SCALE: 1/2"=1'-0" PRIVACY FENCE TYPE 45 SCALE: 1/2"=1'-0" FENCE AT RETAINING WALL SECTION7SCALE: 3/4"=1'-0" PRIVACY SCREEN6 FENCE AND GATE DETAILS 4 MESH OF MATERIALS AND INSTALLATION OF FOR APPROVAL PRIOR TO PURCHASE PROVIDE 1'-0" SQ. SAMPLE TO OWNER TRAIL SIDE TACK WELDED TO EXISTING FENCE ON PERFORATED METAL SCREEN METAL FENCE MCCLELLAN ROAD11 1 1 1 6 6 2 2 2 2 2 7 10 #CONSTRUCTION NOTES EST .195 5 CUPERTINOCITY OF Civil Engineering Land Surveying Bell &Asso ,ecci ciates inc. 7077 Koll Center Pkwy, Suite 210 Pleasanton, CA 94566 Phone (925) 681-4885 www.bellecci.com LINDA VISTA TRAIL LEGEND PLAN PLAN FENCE LAYOUT PLAN LAYOUT NOTES 1 1 7 7 7 1 1 LAYOUT NOTES CUPERTINOCITY OF Civil Engineering Land Surveying Bell &Asso ,ecci ciates inc. 7077 Koll Center Pkwy, Suite 210 Pleasanton, CA 94566 Phone (925) 681-4885 www.bellecci.com LINDA VISTA TRAIL PLAN PLAN FENCE LAYOUT PLAN 1 1 3 3 83 1 1 8 8 8 4 4 5 9 LAYOUT NOTES CUPERTINOCITY OF Civil Engineering Land Surveying Bell &Asso ,ecci ciates inc. 7077 Koll Center Pkwy, Suite 210 Pleasanton, CA 94566 Phone (925) 681-4885 www.bellecci.com LINDA VISTA TRAIL PLAN PLAN FENCE LAYOUT PLAN MCCLELLAN ROADCUPERTINOCITY OF Civil Engineering Land Surveying Bell &Asso ,ecci ciates inc. 7077 Koll Center Pkwy, Suite 210 Pleasanton, CA 94566 Phone (925) 681-4885 www.bellecci.com LINDA VISTA TRAIL PLAN LEGEND ENLARGEMENT - MCCLELLAN ROAD ENTRANCE 1 TRAIL ENTRY GATE “CRYSTAL SPRINGS RESERVOIR” TYPE 2 PEDESTRIAN GATE LOCK FROM THE INSIDE CUPERTINOCITY OF Civil Engineering Land Surveying Bell &Asso ,ecci ciates inc. 7077 Koll Center Pkwy, Suite 210 Pleasanton, CA 94566 Phone (925) 681-4885 www.bellecci.com LINDA VISTA TRAIL PLAN LEGEND ENLARGEMENT - LOWERED PATH CUPERTINOCITY OF Civil Engineering Land Surveying Bell &Asso ,ecci ciates inc. 7077 Koll Center Pkwy, Suite 210 Pleasanton, CA 94566 Phone (925) 681-4885 www.bellecci.com LINDA VISTA TRAIL PLAN LEGEND ENLARGEMENT - LINDA VISTA PARK ENTRANCE LEGENDMCCLELLAN ROADCUPERTINOCITY OF Civil Engineering Land Surveying Bell &Asso ,ecci ciates inc. 7077 Koll Center Pkwy, Suite 210 Pleasanton, CA 94566 Phone (925) 681-4885 www.bellecci.com LINDA VISTA TRAIL WATER POLLUTION CONTROL PLAN PLAN PLAN PLAN GENERAL NOTES: MCCLELLAN ROADCUPERTINOCITY OF Civil Engineering Land Surveying Bell &Asso ,ecci ciates inc. 7077 Koll Center Pkwy, Suite 210 Pleasanton, CA 94566 Phone (925) 681-4885 www.bellecci.com LINDA VISTA TRAIL SURVEY CONTROL PLAN PLAN MCCLELLAN ROADEST .195 5 CUPERTINOCITY OF Civil Engineering Land Surveying Bell &Asso ,ecci ciates inc. 7077 Koll Center Pkwy, Suite 210 Pleasanton, CA 94566 Phone (925) 681-4885 www.bellecci.com LINDA VISTA TRAIL LEGEND PLAN PLAN TOPOGRAPHIC SURVEY POINTS REFERENCE EST .195 5 CUPERTINOCITY OF Civil Engineering Land Surveying Bell &Asso ,ecci ciates inc. 7077 Koll Center Pkwy, Suite 210 Pleasanton, CA 94566 Phone (925) 681-4885 www.bellecci.com LINDA VISTA TRAIL PLAN PLAN LEGEND TOPOGRAPHIC SURVEY POINTS REFERENCE EST .195 5 CUPERTINOCITY OF Civil Engineering Land Surveying Bell &Asso ,ecci ciates inc. 7077 Koll Center Pkwy, Suite 210 Pleasanton, CA 94566 Phone (925) 681-4885 www.bellecci.com LINDA VISTA TRAIL PLAN PLAN LEGEND TOPOGRAPHIC SURVEY POINTS REFERENCE CITY OF CUPERTINO LINDA VISTA TRAIL PROJECT Project No. 2020-08 TECHNICAL SPECIFICATIONS to be supplemented by 2018 Caltrans Standard Specifications October 2020 City Representative: Chad Mosley City of Cupertino ChadM@cupertino.org 10300 Torre Avenue Cupertino, CA 95014 (408) 777-7604 Design Engineer: Bellecci & Associates Daniel Leary, PE www.bellecci.com Linda Vista Trail Project Technical Specifications City of Cupertino October 2020 TABLE OF CONTENTS TABLE OF CONTENT SECTION 01 90 00 MEASUREMENT AND PAYMENT ........................................................... 1 SECTION 01 55 26 TRAFFIC CONTROL SYSTEM ................................................................ 8 SECTION 01 71 13 MOBILIZATION ...................................................................................... 17 SECTION 01 71 23 CONSTRUCTION SURVEYING ............................................................. 19 SECTION 31 05 13 CLEARING, GRUBBING, AND DEMOLITION ......................................... 21 SECTION 31 22 00 GRADING AND EARTHWORK .............................................................. 25 SECTION 31 23 33 TRENCHING AND BACKFILL ................................................................. 32 SECTION 31 25 00 WATER POLLUTION CONTROL ........................................................... 34 SECTION 32 16 13 CONCRETE IMPROVEMENTS ............................................................. 40 SECTION 10 14 53 SIGNAGE ............................................................................................... 41 SECTION 32 17 00 SIGNING AND PAVEMENT DELINEATION ........................................... 43 SECTION 06 10 00 SITE CARPENTRY ................................................................................. 48 SECTION 32 31 13 CHAIN LINK FENCE .............................................................................. 50 SECTION 33 44 00 STORM DRAINAGE FACILITIES ............................................................. 55 Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 90 00 – MEASUREMENT AND PAYMENT TS - 1 SECTION 01 90 00 MEASUREMENT AND PAYMENT The total bid price shall cover all work necessary for the proper and successful completion of the Contract. All work not specifically set forth as a pay item in the Bidder’s Bid, but necessary to meet the requirements of this Contract, shall be considered a subsidiary obligation of the Contractor, and all costs in connection therewith shall be included in the prices Bid. All estimated quantities stipulated in the Bid form are to be used only as a basis for estimating the probable cost of the work and/or for the purpose of comparing the Bids submitted for the work. The actual amounts of work completed under unit price items may differ from estimated quantities. The basis of payment for unit price work will be the actual amount of work completed. Contractor agrees to make no claim for damages anticipated profits or otherwise on account of any difference in the amounts of work actually performed, and estimated amounts therefore. The contract Lump Sum price paid for MOBILIZATION shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in mobilizing labor, materials and equipment for a timely start and efficient completion of all work, including obtaining any necessary licenses and permits, providing required submittals, meeting with adjacent property residents, and contacting USA North (1-800 227-2600), complete, in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. MOBILIZATION shall be considered as a non-adjustable contract bid item. Any contract change orders shall be considered as including full compensation for mobilization. The contract Lump Sum price paid for TRAFFIC CONTROL, BIKE & PED ACCESS shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in providing traffic, bicycle, and pedestrian control, including: preparing Traffic Control, Bicycle and Pedestrian Access Plans, all notifications to adjacent properties, placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system including but not limited to barricades, traffic cones, delineators, flaggers, bicycle/ pedestrian path closure, channelizers, furnishing, installing, relocating and maintaining temporary signs, and removing when no longer required all temporary signing, providing supervision, furnishing Flaggers as necessary to give adequate warning to traffic or to the public of any safety conditions to be encountered, maintaining existing facilities, and all other work related to the traffic control system, complete, in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract Lump Sum price paid for CONSTRUCTION AREA SIGNS shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in furnishing, installing, maintaining, and removing when no longer required of the construction area signs including drilling holes for sign posts, removing existing sidewalk and repaving as needed, installing sign and panel, replacing sidewalk at the end of construction and pedestrian access signs, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract Lump Sum price paid for WATER POLLUTION CONTROL including implementing, moving, relocating, maintaining and removing the BMP’s as part of the Contractor's approved Storm Water Pollution Control Plan requirements, implementing measures on BMP Plan, non-visible pollutant sample monitoring, providing inlet protection per Caltrans Standard plans, submitting Water Pollution Control Plan and for performing all work as described in Stormwater Pollution Control Section, and all Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 90 00 – MEASUREMENT AND PAYMENT TS - 2 other work complete in place as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the Engineer. The contract Lump Sum price paid for CONSTRUCTION SURVEYING shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in land survey and staking, including control surveying, staking calculations, detailed construction staking by a Professional Land Surveyor licensed in the State of California, separate move-in for survey control, prestaking at gate post locations, restaking at gate posts after review of gate locations, performing all construction staking as required in the specifications; including submission of CAD files for staking review, complete in place as shown on the plans, as specified in the Standard Specifications the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract Lump Sum price paid for TEMPORARY 8' TALL FENCING DURING TRAIL GATES CONSTRUCTION shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in installation of temporary fencing during gate construction, including submitting a sketch submittal, installing temporary fence post, brace, fabric, temp fence removal after completion of new fence, coordination with golf course manager, surface restoration after temporary fence removal, complete in place as shown on the plans, as specified in the Standard Specifications the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract Lump Sum price paid for TEMPORARY 6' TALL FENCING DURING HOMEOWNER FENCE REPLACEMENT shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in installation of temporary fencing during fence replacement, including submitting a sketch submittal, installing temporary fence post, brace, fabric, temp fence removal after completion of new fence, coordination with neighbors before and during fence replacement, surface restoration after temporary fence removal, enclosing the entire yard including accommodations to enclose pets, complete in place as shown on the plans, as specified in the Standard Specifications the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract Lump Sum price paid for MISCELLANEOUS CLEARING AND GRUBBING shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in clearing, grubbing and demolition, including removal of ac berm at park entrance, adjust to grade existing water meter at park entrance and change cover to be traffic-rated, removal of existing gate and foundation as shown in the plan, removal of dirt and existing pavement at new path prior to gravel path/ walkway installation, patch holes along existing path to eliminate tripping hazard, trees less than 6" diameter in conflict with the grading, protection of trees and plants to remain, hand excavation around tree roots, miscellaneous landscaping and irrigation, disposing of residue generated from removal operations by vacuuming or sweeping and all other work related to demolition, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Provisions and these Technical Specifications, and as directed by the City Engineer. The contract Unit price paid for REMOVE TREES shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in tree removal, including a meeting with the City arborist, obtaining in writing permission prior to removing tree, removal of tree and grinding stump to 18” below grade, assume trees are approximately 20" diameter, removal of all branches, twig, bark, leaves, sawdust, wood chips and large wood, clean up after tree removal, complete Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 90 00 – MEASUREMENT AND PAYMENT TS - 3 in place, as shown on the plans, as specified in the Standard Specifications, the Special Provisions and these Technical Specifications, and as directed by the City Engineer. The contract Lump Sum price paid for EARTHWORK (import, export and grading) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in earthwork, and in conformance with the geotechnical report, including importing and exporting soil, backfill, bedding, excavation of material, stockpiling of spoil, engineered fill at fences and gates as needed, subgrade preparation, grading & earthwork at gravel path limits, scarify and compact per Caltrans standards, fences and gates, the haulage of material, disposing of residue generated from removal operations by vacuuming or sweeping and all other work related to excavation, grading, earthwork, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Provisions and these Technical Specifications, and as directed by the City Engineer. The contract price paid per Square Foot for 2' & 4’ TALL TIMBER RETAINING WALL (CITY STANDARD DETAIL 8-4) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in installing 2' tall timber retaining wall and repairing existing 4’ tall retaining wall, including wooden boards, wooden posts, all hardware, concrete foundations, verifying utilities prior to excavations, coordinating inspections, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract price paid per Square Foot for REMOVE AC PAVING AND BASE (in lowered section) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in removing AC paving and base, including sawcutting, removal of subsoil to design grades, off-haul and disposal of AC paving and base material, complete in place as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract price paid per Cubic Yard for CLASS 2 AGGREGATE BASE shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in installing aggregate base at gravel path and gate entrances, including Class 2 aggregate base, subbase or shoulder materials, shaping and compacting, loading, hauling and unloading, spreading, complete in place as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract price paid per Square Foot for REMOVE AC AND BACKFILL WITH COMPACTED CLASS 2 AB (assume 20 areas 4’ x 6’) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing AC paving and base and backfill with compacted Class 2 AB, including site walk with City to identify locations for AC paving and base removal, sawcutting, removal of subsoil to design grades, off-haul and disposal of AC paving and base material, subgrade preparation, backfill and compaction, complete in place as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract price paid per Linear Foot for SPLIT RAIL FENCE (Construction Note 1) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in providing sop drawings for split rail fence, resubmittal and gaining approval for split rail fence shop drawings, installation of split rail fence, including post, rail, concrete footing, Class 2 aggregate Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 90 00 – MEASUREMENT AND PAYMENT TS - 4 base, exterior paint with coat primer, galvanized connectors, verifying utilities prior to excavations, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract price paid per Linear Foot for REMOVE AND REPLACE FENCE: 3’ TALL, TYPE 1 (Construction Note 2), REMOVE AND REPLACE FENCE: 5’ TALL, TYPE 1 (Construction Note 4), shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in fence replacement, including meeting with each property owner and City to review fence detail and location, changing fence detail per property owner meeting, removal of existing fence and foundation, installing all fence appurtenances per the detail, including post, rail, facia, vert boards, rail, finish, concrete footing, aggregate base, and hardware, reconnecting to existing adjacent fence, verifying utilities and irrigation prior to excavations, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract price paid per Linear Foot for INSTALL FENCE: 4’ TALL, TYPE 1 (Construction Note 6), INSTALL FENCE: 6' TALL, TYPE 4 (Construction Note 8) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in fence replacement, including meeting with each property owner and City to review fence detail and location, changing fence detail per property owner meeting, protecting existing fence and foundation, installing all fence appurtenances per the detail, including post, rail, facia, vertical boards, rail, finish, concrete footing, aggregate base, and hardware, reconnecting to existing adjacent fence, verifying utilities and irrigation prior to excavations, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract price paid per Linear Foot for REMOVE AND REPLACE FENCE: 4’ TALL, TYPE 1, SALVAGE FENCE (Construction Note 7) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in fence replacement, including meeting with City and each property owner to review fence detail, changing fence detail per property owner meeting, removal of existing fence and foundation, installing post, concrete footing, work with owner to keep & salvage a portion of removed fence, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract price paid per Linear Foot for ADD PRIVACY SCREEN TO WROUGHT IRON FENCE (Construction Note 3) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in meeting with City and property owner to review mesh, installation perforated metal screen to wrought iron fence, changing metal screen detail per property owner meeting and resubmitting as needed, complete in place as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract Unit price paid for REMOVE AND INSTALL NEW PRIVATE RESIDENCE GATE (Construction Note 9) and INSTALL NEW PRIVATE RESIDENCE GATE (CONSTRUCTION NOTE 5) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in private residence gate replacement and installation, including removal of existing gate and foundation, providing plan sketch of the new gate to match the new fence for review by City and Property Owner, meeting with City and property owner, installing gate with hardware, boards and foundation as shown on the details as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 90 00 – MEASUREMENT AND PAYMENT TS - 5 The contract Lump Sum price paid for INSTALL DOWNDRAIN DUCTILE IRON PIPE, HDPE PIPING, ADS TEE & FITTINGS/ COUPLINGS/ BENDS shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in the installation of DIP pipe, including trenching, sheeting, shoring, excavating, bedding, and backfilling, tees, wyes, elbows, fittings and couplings, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract Lump Sum price paid for CLASS 2 AB PATHWAY TO STAIRS (w/grading) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in the installation of Class 2 AB pathway to stairs at 22074 Baxley Ct, including Class 2 aggregate base, subbase or shoulder materials, shaping and compacting, loading, hauling and unloading, spreading, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract Lump Sum price paid for DOWNHILL DISSIPATER COBBLES WITH FILTER FABRIC (4’’ to 6’’ rock with Class 2 Perm) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installation of downhill dissipater cobbles with 4’’ to 6’’ Caltrans Class 2 permeable rocks, including filter fabric, complete in place as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract Unit price paid for SIGN “DISMOUNT BIKE” WITH POST and SIGN “WARNING” WITH POST shall include full compensation for furnishing all labor, materials, tools equipment, and incidentals and for doing all the work involved in furnishing and installing signs with posts, including metal brackets, all hardware, galvanized steel post, concrete foundation, block spacers, back braces, portland cement concrete backfill of metal posts, and coordinating inspections, verifying utilities prior to excavations, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract Unit price paid for SIGN “NO PED CROSSING” MOUNTED ON BARRICADE shall include full compensation for furnishing all labor, materials, tools equipment, and incidentals and for doing all the work involved in furnishing and installing “NO PED CROSSING” signs on barricade, including metal brackets, all hardware, and coordinating inspections, verifying utilities prior to excavations, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. Full compensation for construction signs shall be considered as included in the contract lump sum price paid for TRAFFIC CONTROL, BIKE & PED ACCESS and no separate payment will be made therefor. The contract Unit price paid for BARRICADE WITH DETACHABLE BASE (McClellan Rd) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing barricades with detachable base in sidewalk, including installation of sleeve post concrete foundations, chain and lock, verifying utilities prior to excavations, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 90 00 – MEASUREMENT AND PAYMENT TS - 6 The contract Unit price paid for BOLLARD AT SOUTH ENTRANCE shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing bollard, including installation of 4" galvanized iron pipe, concrete foundation, concrete filling, and concrete cap, verifying utilities prior to excavations, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract Lump Sum price paid for LANDSCAPE AND HARDSCAPE RESTORATION AT NEW FENCES shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in visiting site prior to bidding, evaluating existing conditions in the areas with fence replacement, replacing: a) landscape, b) irrigation, and c) hardscape restoration to match existing condition at new fences, fixing broken irrigation after fence replacement, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract Unit price paid for CHAINLINK GATE AND SIDE FENCE REMOVAL shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removal of chain link gate, including removing gate and footings, disposal of removed gate per City’s direction, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract Unit price paid for INSTALL CHAIN LINK DOUBLE LEAF VEHICLE GATE AND POSTS/FOOTINGS (LOCKABLE) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installation of double leaf vehicle gate, installing drop rods, latches, gate posts, hinges, truss rods, rails, concrete footings, Class 2 aggregate base, submitting shop drawings for gates, locks, latches and hinges to City for review, verifying utilities prior to excavations, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract Unit price paid for INSTALL CHAIN LINK WALKING GATE AND POSTS/FOOTINGS (LOCKABLE) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installation of walking gate, installing gate locks with mesh latch gate frame, gate posts, hinges, rails, concrete footing, Class 2 aggregate base, submitting shop drawings for gates, locks, latches and hinges to City for review, verifying utilities prior to excavations, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. The contract Unit price paid for CHAIN LINK FENCE REPLACEMENT - RECONNECT SIDE FENCE TO GATE shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in installation chain link fence, including reconnecting new chain link fence to remaining existing fences, concrete footing, verifying utilities prior to excavations, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 90 00 – MEASUREMENT AND PAYMENT TS - 7 The contract Lump Sum price paid for CLEANUP OF ENTIRE TRAIL shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in cleanup of entire trail, including removal of any waste, rubbish, debris, branches, leaves, complete in place, as shown on the plans, as specified in the Standard Specifications, the Special Conditions and these Technical Specifications, and as directed by the City Engineer. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 55 26 - TRAFFIC CONTROL SYSTEM TS - 8 SECTION 01 55 26 TRAFFIC CONTROL SYSTEM PART 1 – GENERAL 1.1 OBJECTIVES A. The Contractor shall provide for safe movement of vehicular, bicycle, and pedestrian traffic, including persons with disabilities in accordance with the American’s with Disabilities Act of 1990 (ADA), through and around construction operations. Traffic control requirements set forth herein are the minimum requirements imposed. The Contractor shall be solely responsible for providing all necessary protective measures. B. Proper traffic movement through the work area depends upon the driver controlling and directing his/her vehicle properly under unexpected situations and pedestrian attention to signs. The means of clarifying such conditions to the public include signs, flaggers, pavement markings, barricades, lights, cones and delineators. C. No one standard sequence of signs or control devices will suit all conditions, which may result from construction operations. Even for the same work the conditions may vary from hour to hour, requiring adjustment and revision of the traffic control program in effect. D. The traffic control requirements specified herein are intended to establish general principles to be observed in the control and regulation of traffic through and around construction operations anticipated for this project. All pedestrian and vehicular detours are subject to review by the police chief and the City traffic department, and the Contractor shall revise the detours as ordered at no additional cost. E. Clean up site each day after completing work and remove all traffic hazards. Daily traffic control measures shall continue until cleanup activities have been satisfactorily completed and all of the Contractor's equipment has been removed from the traveled way area. 1.2 DESCRIPTION OF WORK A. Work Included: 1. At all times, provide safe and adequate passage for vehicular and pedestrian traffic through, around, and adjacent to all construction operations by use of detours, bridging, backfilling, paving, traffic barriers or other favorably reviewed means. 2. Establish and maintain detours and conduct construction operations in such a manner as to minimize hazard, inconvenience, and disruption to the public. 3. Provide for protection of pedestrians & cyclists and separation of pedestrians & cyclists from construction operations at all times. 4. Direct, divert and detour traffic through, around and adjacent to construction operations in accordance with the Traffic Control and Pedestrian/Bicycle Access Control Plans (TC&PAC Plans) as specified herein or in accordance with favorably reviewed TC&PAC Plans. Revise the TC&PAC Plans as necessary only with the favorable review of the Engineer. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 55 26 - TRAFFIC CONTROL SYSTEM TS - 9 1.3 REFERENCES A. Standard Plans and Specifications, California Department of Transportation, latest edition. B. California Manual on Uniform Traffic Controls (CAMUTCD), California Department of Transportation, latest edition. C. Work Area Traffic Control Handbook, Building News Incorporated, P.O. Box 3031, Terminal Annex, Los Angeles, California 90051. 1.4 SUBMITTALS A. Traffic Control and Pedestrian/Bicycle Access Control Plans (TC&PAC Plans): 1. Submit TC&PAC Plans to clearly describe proposed traffic control measures and pedestrian access control measures. The plans shall be in accordance with the Standard Plans and Specifications and the CAMUTCD. When required by the City Engineer TC&PAC Plans shall be prepared by a licensed Civil or Traffic Engineer. 2. The TC&PAC Plans shall provide detailed planning and design for detours and to control traffic through the construction zone, shall conform to Caltrans and City standards, and will be approved by the City Engineer before construction begins. 3. The submittals shall consist of scaled drawings for each situation anticipated to be encountered, i.e., intersections, mid-block (each during working and non-working hours), etc. and necessary details. 4. The scaled drawings shall show signs, traffic control devices, and flaggers as required. PART 2 – PRODUCTS CONSTRUCTION SIGNS A. Construction signs shall conform to the standards of the Standard Plans and Specifications and the CAMUTCD. B. Temporary warning signs in construction areas shall have a black legend and border on an orange background. Color for other signs shall follow the standard for all highway signs. C. All signs used during hours of darkness shall be retroreflective. D. After construction, Contractor to restore the sidewalk, landscape, or other existing facilities at the locations of the Construction area signs. Payment for sidewalk of landscape restoration shall be considered included in the construction area sign/traffic control pay items. TRAFFIC CONTROL DEVICES A. General: Traffic control devices shall conform to the standards of the Standard Plans and Specifications and the CAMUTCD. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 55 26 - TRAFFIC CONTROL SYSTEM TS - 10 B. Cones or Delineators: 1. Cones or delineators shall consist of cylindrical or cone shaped plastic devices, which shall be 48 inches in height. 2. Cones or delineators shall have a flexible base of suitable weight, which will ensure stability. 3. Cones or delineators used during hours of darkness shall be affixed with retroreflective sleeves or be internally illuminated meeting the requirements of the CAMUTCD. C. Barricades: 1. Barricades shall be as set forth in the Standard Plans and Specifications and the CAMUTCD. 2. Barricades used during hours of darkness shall be equipped with flashers. D. Temporary Railing (Type K) 1. Temporary railing (Type K) shall be placed as shown on the plans, as specified in the Standard Specifications or these Special Provisions or where ordered by the Engineer and shall conform to the provisions in Section 12, “Temporary Traffic Control” of the Standard Specifications and these Special Provisions. 2. Temporary railing (Type K) shall consist of interconnected new or undamaged used precast concrete barrier units as shown on the plans. Exposed surfaces of new and used units shall be freshly coated with a white color paint prior to their first use on the project. The paint shall conform to the provisions in Section 91-4.02B, "Acrylic Emulsion Paint for Exterior Masonry." Repainting of units, when ordered by the Engineer after the units are in place, will be paid for as extra work in conformance with the provisions in Section 4-1.05 “Changes and Extra Work” of the Standard Specifications. 3. Concrete shall conform to the provisions in Section 90-2, "Minor Concrete." Load tickets and a Certificate of Compliance will not be required. 4. Reinforcing steel shall conform to the provisions in Section 52, "Reinforcement." 5. Steel bars to receive bolts at ends of concrete panels shall conform to the requirements in ASTM Designation: A 36/A 36M. The bolts shall conform to the requirements in ASTM Designation: A 307. 6. A round bar of the same diameter may be substituted for the end-connecting bolt shown on the plans. The bar shall conform to the requirements in ASTM Designation: A 36/A 36M, shall have a minimum length of 26 inches and shall have a 3-inch diameter by 3/8-inch-thick plate welded on the upper end with a 3/16-inch fillet weld. 7. The final surface finish of temporary railings (Type K) shall conform to the provisions in Section 51-1.03F(2), "Ordinary Surface Finish." Exposed surfaces of concrete elements shall be cured by the water method, the forms-in-place method, or the pigmented curing compound method. The pigmented curing compound shall be curing compound (1) as specified in Section 90-1.03B(3), "Curing Compound Method." The Contractor shall furnish a Certificate of Compliance to the Engineer in conformance with the provisions in Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 55 26 - TRAFFIC CONTROL SYSTEM TS - 11 Section 6-2.03C "Certificates of Compliance," for all new or used temporary railing (Type K) that is not cast on the project. 8. Temporary railing (Type K) may have the Contractor's name or logo on each panel. The name or logo shall not be more than 4 inches in height and shall be located not more than 12 inches above the bottom of the rail panel. 9. Temporary railing (Type K) shall be set on firm, stable foundation. The foundation shall be graded to provide a uniform bearing throughout the entire length of the railing. Any excavation and backfill shall conform to the provisions in Section 19-3, "Structure Excavation and Backfill," except that compaction of earth fill placed behind the temporary railing (Type K) in a curved layout will not be required. 10. Abutting ends of precast concrete units shall be placed and maintained in alignment without substantial offset to each other. The precast concrete units shall be positioned straight on tangent alignment and on a true arc on curved alignment. 11. At the locations required on the plans, threaded rods or dowels shall be bonded in holes drilled in the existing concrete. Drilling of holes and bonding of threaded rods or dowels shall conform to the provisions for bonding dowels in Section 83-3.01A, "Summary." After removal of the temporary railing (Type K), all threaded rods or dowels shall be removed to a depth of at least one inch below the surface of the concrete. The resulting holes shall be filled with mortar in conformance with the provisions in Section 51-1.02F, "Mortar," except that the mortar shall be cured by either the water method or by the curing compound method. If the curing compound method is used, the curing shall conform to the provisions for curing concrete barrier in Section 83-3.03A(8), "Curing." 12. Each rail unit placed within 10 feet of a traffic lane shall have a reflector installed on top of the rail. Reflectors shall be as specified in the special provisions, and adhesive shall conform to the reflector manufacturer's recommendations. A Type P marker panel shall also be installed at each end of railing installed adjacent to a two-lane, two-way highway and at the end facing traffic of railing installed adjacent to a one-way roadbed. If the railing is placed on a skew, the marker shall be installed at the end of the skew nearest the traveled way. Type P marker panels shall conform to the provisions in Section 82, "Signs and Markers," except that the Contractor shall furnish the marker panels. 13. When temporary railings (Type K) are removed, any area where temporary excavation or embankment was used to accommodate the temporary railing shall be restored to its previous condition or constructed to its planned condition. 14. Prior to each stage of construction Contractor will provide a layout of the proposed temporary railing, crash cushion locations, and temporary striping/signing for the railing. E. Water-Filled Barriers: As an alternative to concrete traffic control barriers (temporary Type K), Contractor has the option of installing water-filled barriers with the following requirements: Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 55 26 - TRAFFIC CONTROL SYSTEM TS - 12 1. Waterfilled barriers will be considered in lieu of temporary railings (Type K), upon a written request from the contractor along with proposed details, layout plan, temporary signing & striping and installation. 2. Each barrier section shall have the capability of interlocking with other barrier sections when installed in a row through the use of independent clevis devices at the top of the barrier and a built-in male/female coupling at the bottom of the barrier. Each barrier section shall have ports for ground mounting. 3. Each barrier section shall be capable of easily and securely accommodating sign posts 4. Each barrier section shall have 2 drain plugs located on opposite sides of the barrier to ensure the separation of workers from traffic when draining barrier sections. 5. Each barrier section shall have forklift holes to allow fully filled sections to be lifted and relocated. 6. Barrier sections shall be colored either orange or white. When installed in a row, the sequence of colors shall be 4 white, 1 orange unless otherwise specified in the drawings. F. Portable Changeable Message Signs: 1. Portable changeable message signs shall be furnished, placed, operated, and maintained at locations shown on the plans or where designated by the Engineer and shall conform to the provisions in Section 12-3.32, "Portable Changeable Message Signs," of the Standard Specifications and these Special Provisions. 2. Messages displayed on the portable changeable message signs shall be as specified on the plans, unless otherwise specified by the Engineer, and shall conform to Section 12-3.32 "Portable Changeable Message Signs," of the Standard Specifications and “Traffic Control” of these specifications. Upon request submit a Certificate of Compliance for each portable changeable message sign under Section 20-3.01A(3)(c), “Certificates of Compliance,” of the Standard Specifications. 3. The Contractor shall provide portable changeable message signs as shown on the plans and as directed by the Engineer. These signs shall be placed a minimum of 14 calendar days prior to start of work. These signs will be required in addition to the signs required by the latest version of the CAMUTCD. 4. A portable changeable message sign shall be placed during speed zone reductions. When used in conjunction with a lane closure, use one portable changeable message sign, with both the speed zone reduction and the lane closure messages. Place portable changeable message sign as far from the traveled way as practicable where it is legible to traffic and does not encroach on the traveled way. Where possible, place portable changeable message sign behind guardrail or temporary railing (Type K). 5. You or your representative must be available by cell phone for operations that require portable changeable message signs. Submit to the Engineer two cell phone numbers, for 24-hr contact. When the Engineer contacts you, immediately comply with the Engineer's request to modify the displayed message. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 55 26 - TRAFFIC CONTROL SYSTEM TS - 13 6. The Contractor shall comply with all the encroachment permits’ (Caltrans) conditions/requirements and work area boundaries as shown on plans. The Contractor shall not perform any work outside these encroachments permit limits unless written approval is obtained from the Engineer, property owner, and the affected agency. PART 3 - EXECUTION 3.1 DIVERTING PEDESTRIAN & BICYCLE TRAFFIC A. Whenever construction operations obstruct the flow of pedestrian & bicycle traffic or present a hazard to pedestrians & cyclists, the Contractor shall take appropriate action to protect and separate pedestrians & cyclists from the work area and to direct pedestrians & cyclists to alternate routes. B. Such action to protect pedestrians & cyclists may include placement of barricades between pedestrians & bicycles and the work areas, placement of warning signs, and provision of personnel as required to protect pedestrians & cyclists as conditions warrant. C. Pedestrians and bicyclists will be protected at all times, 24 hours per day and seven days per week. 3.2 DIVERTING VEHICULAR TRAFFIC A. Whenever construction operations obstruct the flow of vehicular traffic or present a hazard to vehicles operating in the vicinity of construction operations, the Contractor shall take appropriate action to warn, detour and otherwise protect approaching drivers and vehicles. 3.3 TRAFFIC CONTROL DEVICES A. General: 1. Provide traffic control devices in sufficient quantities and types as required to provide safe and adequate traffic control. 2. During hours of darkness approved lights shall be included, in proper working order, to illuminate signs and hazards and alert approaching traffic. 3. Provide and maintain barricades along all open trenches in contact with traffic. 4. No work may begin on any day or at any time before traffic control devices have been placed, test driven and adjusted. B. Placement: 1. Place all traffic control devices in accordance with the Standard Plans and Specifications, the CAMUTCD, and approved TC&PAC Plans. 2. Adjust locations of devices to suit the conditions and circumstances of each detour situation. In all cases, place signs to most effectively convey their messages to approaching traffic. 3. The Contractor shall adjust and revise all traffic control devices if determined to be required by the City or Police Department. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 55 26 - TRAFFIC CONTROL SYSTEM TS - 14 4. The Contractor shall provide additional traffic control devices if required to maintain the safe flow of traffic through construction operation. C. Maintenance of Devices: 1. The Contractor shall maintain all traffic control devices, at proper locations, and in proper working order, at all times during construction operations and whenever a hazard resulting from Contractor's operations exists. 2. The Contractor shall adjust and revise traffic control devices, placement, etc., to suit changing conditions around construction operations. D. Removal of Devices: 1. Traffic control devices shall remain in place at all times required to alert approaching traffic of upcoming hazards. 2. After hazard has been removed, remove all traffic control devices. Remove signs or completely cover their messages. 3.4 FLAGGERS A. General: The Contractor shall employ flaggers: 1. As required for each specific detour. 2. At all locations on a construction site where barricades and warning signs cannot control the moving traffic. B. Placement: Where flaggers are required, they shall be logically placed in relation to the equipment or operation so as to give adequate warning and shall be placed in accordance with the Standard Plans and Specifications, the CAMUTCD, and the approved TC&PAC Plan. C. Warning Signs: 1. Place warning signs ahead of the flagger in accordance with the Standard Plans and Specifications, the CAMUTCD, and the approved TC&PAC Plans. The distance between signs and the flagger shall be based on the posted traffic approach speed. 2. During hours of darkness, illuminate flagger stations such that the flagger will be clearly visible to approaching traffic. Lights for illuminating the flagger station shall comply with the Standard Plans and Specifications, the CAMUTCD, and the approved TC&PAC Plans. D. Equipment: 1. Provide flaggers with high-visibility safety apparel in accordance with the Standard Plans and Specifications, and the CAMUTCD at all times. Provide flaggers with hand signs in accordance with the Standard Plans and Specifications, and the CAMUTCD. 2. Provide flaggers with two-way radios for communication when necessary. Red flags shall only be used for traffic control in emergency situations. 3.5 NOTICE TO AGENCIES A. The Contractor shall notify in writing all agencies having jurisdiction at least 48 hours, excluding Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 55 26 - TRAFFIC CONTROL SYSTEM TS - 15 holidays and weekends, prior to instituting any lane closure or detour. At the end of each day's work, the Contractor shall inform the ambulance services, police and fire departments of the status of all detours and/or lane or road closures that will be in effect on the next day. B. List of Agencies/Adjacent Properties: 1. City of Cupertino: a. Fire Department b. Police Department c. Public Works Department - Engineering Departments 2. Neighborhood Swim Club 3. City Parks Department 4. Deep Cliff Golf Course 3.6 EMERGENCY VEHICLE ACCESS THROUGH DETOURS A. During construction in or adjacent to roadways in the project site, Contractor shall maintain at least one lane open in each direction on McClellan Road to allow emergency vehicle access for police, fire, and ambulance to the project vicinity. B. During all detours and/or street closures the Contractor shall provide for 10' wide clear for movement of emergency vehicles through the work area. C. When temporary traffic control is provided by flaggers, they shall be instructed to give immediate passage to emergency vehicles with active lights or sirens. D. It is essential that the Contractor's work and equipment do not impede ingress and egress from any fire or police station, or hospital, to other areas of their service area. 3.7 ACCESS TO PRIVATE PROPERTY A. General: The Contractor shall schedule operations to minimize disruption of access to private property. B. Notice to Residents: Prior to blocking access to any private driveway or parking lot entrance, or impacting parking, the Contractor shall notify the resident or business owner or tenant of pending closure and allow resident to remove vehicles. C. Nights: During non-working hours no driveway, house, or parking lot shall be denied access to a public roadway. 3.8 DETOURS DURING NON-WORKING HOURS A. General: The Contractor shall not be permitted to maintain any lane closure or road closure during non-working hours without first obtaining written approval of the Engineer. B. Restoration of Pavement: 1. During non-working hours the Contractor shall restore travel lanes to their original alignment and configuration by means of backfilling and temporary pavement or bridging in accordance with City Standards and approved by the City. 2. The Contractor shall place signs conforming to the Standard Plans and Specifications, and Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 55 26 - TRAFFIC CONTROL SYSTEM TS - 16 the CAMUTCD at uneven temporary pavement or bridging. 3.9 PARKING RESTRICTIONS A. The Contractor and their workers will not occupy any parking stalls within the Linda Vista Park or the two parking lots at the McClellan Ranch Reserve Park. 3.10 TEMPORARY TRAFFIC LANES A. Temporary traffic lanes shall be at least 10 feet wide. Provide an additional 2 feet of clearance from curbs. The length of temporary lanes should be limited to the area under construction and the distance necessary to divert traffic in accordance with the Standard Plans and Specifications, the CAMUTCD, and the approved TC&PAC Plans. 3.11 STAGING AREAS A. The Contractor shall provide their own staging areas. Prior to the pre-construction meeting Contractor will provide a map exhibit of the proposed staging area as a formal submittal to the City. Water Pollution Control will be required at off-site staging areas. END OF SECTION 01 55 26 Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 71 13 - MOBILIZATION TS - 17 SECTION 01 71 13 MOBILIZATION PART 1 GENERAL 1.1 WORK INCLUDED A. Mobilization and demobilization B. Preparatory work and activities those necessary for the movement of personnel, equipment, supplies, and incidentals to the job site C. Establishment of all offices, building, trailers, and other facilities necessary for work on the project D. Submittals, bonding and insurance requirements E. Public notifications to all trail adjacent properties F. Contacting and notifying utility companies G. Fabricating and installing project identification signs H. Private property owner agreement for storage facilities I. All other work and activities which must be performed or costs incurred prior to beginning work on the various contract items on the project site 1.2 REFERENCES A. Cal/OSHA – California Division of Occupation Safety and Health B. Underground Services Alert (USA) 1.3 SUBMITTALS A. Measurement and Payment: 1. When mobilization is included as a bid item, measurement will be made as a percentage of the costs incurred according to the list submitted except that not more than 75% of the bid price shall be paid prior to the final estimate for payment being due, said remaining 25% paid upon completion of cleanup and removal and demobilization with final payment. 2. When the contract does not include a contract pay item for mobilization, full compensation for any necessary mobilization required shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. 3. The contract price paid for mobilization shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 71 13 - MOBILIZATION TS - 18 mobilization and demobilization including the items listed in Part 1.1 of this Section as specified herein, and no additional compensation shall be made therefor. 4. Mobilization shall be considered as a non-adjustable contract item. Any contract change orders shall be considered as including full compensation for mobilization. 5. When the contract does not include a contract pay item for mobilization as specified above, full compensation for any necessary mobilization required shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. PART 2 – PRODUCTS NONE PART 3 – EXECUTION 3.1 MOBILIZATION A. Mobilization shall consist of preparatory work and activities listed in Part 1.1 above. B. The Contractor shall insure that adequate existing sanitation facilities are available or the Contractor shall provide and maintain adequate sanitation facilities. All wastes and refuse from sanitary facilities provided by the Contractor’s operations shall be disposed of away from the site in accordance with all laws and regulations pertaining thereto. C. Mobilization shall also include demobilization upon completion of work and cleanup of the site. D. The contractor shall provide all labor, materials, equipment and incidentals to prepare the site for the timely start and efficient completion of all work. This includes obtaining all necessary licenses and permits, providing required submittals including but not limited to a detailed project schedule. E. Mobilization shall also include notifications to all existing utility companies as shown on the Drawings as first order of work. END OF SECTION 01 71 13 Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 71 23 - CONSTRUCTION SURVEYING TS - 19 SECTION 01 71 23 CONSTRUCTION SURVEYING PART 1 – GENERAL 1.1 WORK INCLUDED A. There will be 6 types of Construction Surveying: 1. Control Surveying 2. Construction Staking 3. CAD file review prior to staking 4. Monument Preservation PART 2 – PRODUCTS NONE PART 3 – EXECUTION 3.1 CONTROL SURVEY B. As first order of work the surveyor will sign and submit a CAD file release form and perform a separate field move-in to establish project survey control. During separate move-in dedicated for survey control the contractor’s surveyor will verify existing topographic survey shots from the CAD file and establish project survey control for the staking. The surveyor will also set a project control line. As part of the price bid, Contractor's surveyor will allow time to coordinate with design surveyor for control points. This work will be performed at least one week prior to the first construction staking operation. 3.2 CONSTRUCTION STAKING A. Construction staking shall be defined as: “Markings set in the field by a Land Surveyor”, prior to construction, with horizontal coordinates and vertical dimensions to the items identified below. All field markings shall be completed under the direction of Land Surveyor licensed by the State of California.” The Contractor shall be responsible for replacing points lost or damaged during the course of construction. “Construction Staking” shall be provided with cuts/fills for the following items by a California Professional Land Surveyor. 1. Slope stakes and grading stakes along the grading area 2. Top of slope and bottom of slope every 25’ along the grading area 3. Both sides of the trail every 25’ along the grading area 4. Pipe crossing area 5. 50 additional stakes not listed above at the discretion of the City. The 50 extra stakes will Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 01 71 23 - CONSTRUCTION SURVEYING TS - 20 be provided in two separate move-ins. 3.3 CAD FILE REVIEW PRIOR TO STAKING A. For each of the items above, Contractor will provide to the engineer for review the AutoCAD files of the staking points on top of the CAD project layout provided by the Engineer. AutoCAD files will be delivered 2 days prior to each staking operation. Elevations are required to be included on the staking calculation, within the CAD file points, and cut sheets will not be a substitute for this requirement. 3.4 MONUMENT PROTECTION A. Preservation: Existing Monuments must be preserved, in accordance with State Business & Professions Code section 8771. The Contractor shall also not disturb survey monuments that may/may not be shown on the plans including railroad spikes, brass tacks, nails or other markers set by surveyors, and shall advise the City upon discovery of these monuments to determine how they shall be preserved. The Contractor shall exercise caution when working around monuments so as not to disturb them. During milling, grinding, excavat ion or other operations, the Contractor shall work around survey monuments unless specifically otherwise indicated on the Plans. B. Discovery & Notification: Contractor will review the site thoroughly to identify monuments in the work area. If existing survey monuments are encountered in the area of work which are not shown on the plans, Contractor will notify City immediately. Contractor will not proceed with work near the survey monument until the Contractor’s Licensed Land Surveyor has established reference points to preserve the location of the monument, in accordance with State Business & Professions Code section 8771. C. Record of Survey and Replacement: If a monument is disturbed or damaged during adjusting, milling or other operations, the Contractor shall be responsible for all costs associated with the reestablishment of the monument including but not limited to surveying performed by a Licensed Surveyor and filing documents with City and constructing the new monument. A Record of Survey must be submitted to the City Surveyor for review and approval. Installation of new monuments shall conform to City requirements. 3.5 CONSTRUCTION SURVEY QUALITY CONTROL All parties agree that the construction surveying process described herein is a critical aspect of the project quality control and included in the project bid. If any part of this Specification Section is bypassed or omitted from the construction process the design engineer cannot be responsible for the installed concrete and utility grades and/or locations. END OF SECTION 01 71 23 Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 05 14 - CLEARING, GRUBBING & DEMOLITION TS - 21 SECTION 31 05 13 CLEARING, GRUBBING, AND DEMOLITION PART 1 - GENERAL 1.1 WORK INCLUDED A. Clearing and disposal of all rubbish, debris, and other objectionable material of the entire area within the limits of work. B. Walk the site and obtain permission from the City prior to removal or altering the existing landscape. C. Walk the site and obtain permission from the City prior to removal of concrete conforms at private properties and driveways/doorways. D. Stripping and disposal of all vegetation, shrubs, weeds, and other vegetative growth of any nature within the area defined in the limits of work. E. Preservation, care, and pruning of trees and shrubs to remain in place. F. Trimming of tree limbs and tree roots as may be required prior to construction of improvements. G. Contract to coordinate with City arborist prior to removal or trimming of trees. H. Dust alleviation and control I. The work shall include the provision of all labor, materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are incidental and necessary to complete the work specified 1.2 JOB CONDITIONS A. The Contractor will be held responsible for any damage to trees injured during construction, i.e., limb breakage, tearing of bark along trunk or excessive root damage B. Contractor shall provide adequate dust alleviation and control measures at all times during the course of the work. PART 2 - PRODUCTS NONE PART 3 - EXECUTION 3.1 PERFORMANCE A. Clearing shall consist of the removal of ground cover including grass, shrubs, weeds, and vegetation that will otherwise impede construction operations, as approved by Engineer. B. At sites where the excavation has taken place near trees to remain, and many living roots Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 05 14 - CLEARING, GRUBBING & DEMOLITION TS - 22 remain exposed to the air, the contractor shall cover the exposed roots within 2 hours with sand, soil, moist burlap or other means acceptable to the Engineer. C. Spoils from the work site resulting from clearing, grubbing and stripping operations shall be removed from the entire limits of worksite and properly disposed of in accordance with applicable laws and regulations. 3.2 TREE & LANDSCAPE PROTECTION A. Construction materials, debris, washout water, and stockpiles shall not be stored within the drip line or protective fencing area under any tree. B. Vehicles shall not be parked under any tree within the drip line or protective fencing area. C. Installation of orange protective fencing with stakes around trees that are within 10’ of the work limits, and with trunk calipers greater than 6 inches. D. Where vehicles or equipment must operate or travel under drip line or unpaved landscape areas, Contractor shall place a minimum 10-inch layer of woodchips or other cushioning surface material approved by the Engineer before starting work there. This mulch layer shall be replenished as necessary to maintain a ten-inch depth until operations in this area are complete and shall be removed upon completion of work unless directed by Engineer. Where crane outriggers or other heavy equipment must be positioned in drip line or unpaved landscape areas, contractor shall provide additional protection against soil compaction and landscape damage. Means of providing additional protection may include placement of additional mulch, base rock, heavy timbers, or steel plates. Contractor shall obtain Engineers approval for protective measures prior to placing or operating heavy equipment in unpaved landscape over the root areas of tress to remain. E. Where called for on the plans, place storm fence or other approved protective barriers around trees to be saved. F. Contractor will conduct a site meeting with the City Arborist prior to removal of any trees. Contractor to assist the City Arborist in tagging the tree, and documenting the Arborist permission to remove tree, prior to any tree removal 3.3 DEMOLITION A. Demolition work shall conform to the provisions in Section 15, "Existing Facilities", of the Standard Specifications, the Special Conditions and these Technical Specifications. Existing street facilities shown on the plans or marked in the field to be removed shall be removed and salvaged in accordance with the provisions of Section 15, “Existing Facilities”, of the Standard Specifications, the contract drawings, the Special Conditions and these Technical Specifications, and as directed by the City. B. Remove Asphalt Concrete 1. The work under this Section includes all operations necessary to sawcut, remove, excavate and dispose of existing asphalt concrete in the new trail area. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 05 14 - CLEARING, GRUBBING & DEMOLITION TS - 23 2. Where adjacent pavement or concrete is broken or deteriorated sufficiently to prohibit a sound replacement the entire deteriorated section shall be removed to the limits determined by the City. The sidewalk removal limits shall be field marked for inspection prior to removal. The Contractor shall submit to the City additional square footage of sidewalk replacement and obtain written approval prior to beginning of construction. Concrete removed beyond the plan limits which is not preapproved by the City will not be paid for. 3. Asphalt Concrete to be removed must be marked and measured by the Contractor and approved by the City. Concrete removed beyond the plan limits which is not preapproved by the City will not be paid for. 4. Asphalt Concrete removal operations shall be performed without damage to any portion that is to remain in place. Damage to the existing concrete, which is to remain in place, shall be repaired per the City standard details and specifications. The cost of repairing existing concrete damaged by the Contractor's operations shall be at the Contractor's expense. 5. Contractor shall field verify locations, elevations, etc. of existing underground utilities and immediately notify the Engineer of any field conflicts. Contractor shall conduct potholing of shallow utilities that might potentially pose a conflict with the excavation work. 6. Subsoil Removal - Removal of base shall conform to the provisions in Section 19, "Earthwork," of the 2018 edition of the Caltrans Standard Specifications and the following Special Provisions: a. All material shall be excavated as shown on the plans. b. The accumulation of water in excavated areas shall be prevented by means of pumping or other approved methods. Ground water or storm water must be discharged in accordance with the water pollution prevention plans. c. Excavation shall be carried to the exact depth indicated on the drawing or as specified. Should the Contractor, through his negligence or other fault, excavate below the designated lines, he shall replace such excavations with approved materials at his own expense. d. Excavated material determined unsuitable for use as an embankment or in excess of the amount required for embankment shall be disposed of in accordance with these specifications and applicable regulations. C. Restoration of Landscape and Irrigation 1. Landscape and irrigation that is to remain and to be protected behind the new sidewalk. Contractor will adjust irrigation as necessary and will relocated and restore planting behind the sidewalk. 2. Prior to demolition of landscape and irrigation: a. Walk site with engineer to confirm limits of removal. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 05 14 - CLEARING, GRUBBING & DEMOLITION TS - 24 b. Prepare a neatly drawn sketch of the existing landscape and irrigation piping, and the proposed modifications to the landscape and irrigation. c. Gain approval from City for the proposed landscape modifications. 3.4 DUST ALLEVIATION AND CONTROL A. Contractor shall be responsible for providing pollution, dust abatement and dust control measures continuously during the course of the work. B. Where applicable Contractor shall utilize reclaimed water, or dust palliatives, in compliance with the City’s Water Conservation Guidelines. 3.5 CLEAN-UP OF ENTIRE TRAIL A. Upon completion of clearing, grading, fence construction and trail base installation operations, the entire work site shall be cleaned of all construction debris, excess soil and waste of any nature. B. Contractor to clear, rake and scrape the entire length of the trail to remove the loose soil, rocks, branches, leaves, and other debris to prepare a completed, usable, walking trail. Loose soil, debris, branches and leaves to be removed from the site. C. Contractor shall repair any damage to the existing irrigation system caused by the work and replace any portion of the existing irrigation system that is removed. Contractor shall incur these costs at own expense. D. Construction debris, waste and excess soil remaining on-site upon completion of clearing and stripping operations shall become the property of the Contractor, and shall be removed from the work site and disposed of in a lawful manner. E. Contractor to walk site with City before and after trail clean-up. For bidding purposes assume all leaves, branches, loose rocks and other loose surface material to be cleaned as part of the work required. 3.6 SALVAGE FENCE MATERIAL AT ADDRESS 10711 RAE LANE A. Contractor to coordinate with the property owner 10711 Rae lane to arrange for the fence material from this property to be salvaged onto the property owners back yard. The fence material will be cleaned and neatly stacked at the location requested by the property owner. END OF SECTION 31 05 14 Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 22 00 - GRADING & EARTHWORK TS - 25 SECTION 31 22 00 GRADING AND EARTHWORK PART 1 - GENERAL 1.1 WORK INCLUDED A. Grading, earthwork and roadway excavation and/or fill. B. Subgrade preparation. C. Dust alleviation and control. D. Cleanup and disposal of excess material E. Supplying all labor, materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are incidental and necessary to complete the work specified F. All grading and subgrade preparation work shall be performed in conformance with the Geotechnical Recommendation by Fisher Geotechnical, dated April 22, 2019. Geotechnical report is available from the City during bidding, and Contractor shall review the geotechnical report prior to bidding the project. 1.2 APPLICABLE PUBLICATIONS A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the general designation only. B. American Society for Testing and Materials (ASTM) Publications: D4318 Liquid Limit, Plastic Limit and Plasticity Index of Soils D1556 Density and Unit Weight of Soil in place by Sand Cone Method D558 Moisture-Density (Unit Weight) Relations of Soil-Cement Mixtures D2419 Sand Equivalent Value of Soils and Fine Aggregate D6938 In-Place Density and Water Content of Soil and Soil Aggregate by Nuclear Methods (Shallow Depth) A. Caltrans Standards: 1. Section 19 Earthwork 2. Section 26 Aggregate Base 1.3 QUALITY ASSURANCE Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 22 00 - GRADING & EARTHWORK TS - 26 A. Finish surface of the graded and prepared subgrade must not vary more than 0.02 feet from the design grades on the plans or detail drawings when completed, and immediately prior to placement of the roadway structural section. B. Percentage of compaction for the new trail section will 95% relative compaction. The percentage represents the ratio of the dry density of the compacted material to the maximum dry density of the material as determined by the procedure set forth in ASTM Designation D558. C. Submit test results on imported material to indicate conformance with these requirements. 1.4 JOB CONDITIONS A. Accurately grade and prepare the pathway subgrade section to the lines and grades called for on the plans and detail drawings with due provision for future surface improvements. B. Fill required shall consist of suitable excavated material if available, and/or such approved imported borrow material as may be required for the work conforming to these requirements. C. Provide dust alleviation and control measures satisfactory to the Engineer continuously during the course of the work. D. Surplus excavation material remaining upon completion of the grading and roadway subgrade preparation shall be segregated as to type and must be transported and disposed off-site in a lawful manner. PART 2 - PRODUCTS SOIL AND AGGREGATE MATERIALS A. Site Fill and Backfill Materials - General: 1. Provide various types of materials as specified herein and indicated on the Plans. 2. All fill and backfill materials must be free of deleterious substances, large rocks, garbage, rubbish, wood or organic debris. 3. All materials, regardless of source, will requirement approval of the Submittal by the Engineer prior to procurement or placement. B. Unclassified Locally Obtained or Imported Fill Beneath or Adjacent to Roadways and for Structural Backfill: 1. Unless otherwise shown on the Plans, use suitable materials obtained from Contract excavation. Supplement with import materials, if required and authorized. Suitable materials must be non-organic, native soil or soil-rock. Expansive silt and clay with liquid limit greater than 50 are unsuitable fill material and must not be used. 2. No import materials for structural fill or embankment fill will be authorized until suitable materials from Contract excavation have been exhausted. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 22 00 - GRADING & EARTHWORK TS - 27 C. Class 2 Aggregate Base: 1. Aggregate base must comply with the 3/4-inch maximum, aggregate grading under Section 26-1.02B, "Class 2 Aggregate Base," of the Standard Specifications. IMPORTED MATERIAL FOR ENGINEERED FILL A. Material for fill shall be supplied from previously tested and approved sources, and must conform to the following specifications and requirements: 1. All material must be free of organic materials, trash and debris, expansive clays or any other deleterious materials, and shall be subject to the approval and acceptance of the Engineer. 2. The contractor shall designate his proposed import sources in advance and shall provide the source samples of material proposed to be furnished for evaluation. 3. Minimum "R" value of import soils shall be 25. "R" values for acceptable import material shall be determined by the procedure set forth in Test Method No. 301 of the State of California, Department of Transportation, and the material shall conform to the following gradation requirements: e. Maximum particle size 1.5 inches f. Percent passing 1-1/2" screen 50-100 g. Percent passing No. 4 screen 20-100 h. Percent passing No. 200 screen 10-30 4. Plasticity Index for acceptable import material must be less than 20 when determined by the procedure set forth in ASTM Designation D4318. 5. Sand Equivalent for acceptable import material must be not less than 25 when determined by the procedure set forth in ASTM Designation D2419. 6. Loamy material is required, unless prior written approval from the City: Fertile, friable local natural sandy loam or loam, free from weeds, seed, stones, subsoil or other debris. PART 3 - EXECUTION 3.1 PREPARATION A. Prior to placing fill, all areas must be stripped of all vegetation, topsoil, and other objectionable materials, scarifying the ground to provide a bond with the fill material, and compacting the fill at optimum moisture content. B. Do not proceed with filling until the grade has been satisfactorily inspected. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 22 00 - GRADING & EARTHWORK TS - 28 C. Protect utilities indicated to remain from damage. D. Notify utility company to remove or relocate utilities. E. Protect plant life, lawns, rock outcropping and other features remaining as portion of final landscaping. F. Protect bench marks, survey control point, existing structures, fences, sidewalks, paving, and curbs from excavating equipment and vehicular traffic. 3.2 PLACING AND COMPACTING FILL MATERIAL A. Spread fill material in uniform lifts not exceeding 8” in uncompacted thickness. Each lift shall be thoroughly mixed to ensure a uniform distribution of water content. If suitable compaction can be demonstrated, thickness of fill placement may be increased, subject to written approval of the Engineer. B. Before compaction begins, maintain optimum moisture content of fill materials to attain required compaction density by either:(1) aerating the material if it is too wet, or (2) spraying the material with water if it is too dry. Material that has been removed because it is too wet to permit compacting may be temporarily stockpiled or spread and allowed to dry. C. Control soil compaction during construction to provide the minimum percentage of density specified for each area as determined according to ASTM D1556 or ASTM D6938. All operations will be subject to the approval of the Engineer. D. For a minimum depth of 8” below existing subgrade or fill placed beneath gravel trail sections must be compacted to 95 percent compaction. E. Any fill that does not meet the specification requirements shall be removed and/or recompacted until the requirements are satisfied. 3.3 GENERAL GRADING & EARTHWORK A. Earthwork shall consist of excavating to the lines and grades called for on the plans and detail drawings. B. Materials must be removed or placed to the lines and grades indicated for subgrade for walks or paths, rock swales, and any other improvements called for on the plans and detail drawings. Materials must be placed and compacted as specified above for fill material. C. Construct slopes to the lines and grades shown on the Drawings. D. Make grade changes gradual. Blend slopes into level areas. E. Round the tops of excavation slopes and ends of excavation. F. Identify any site low points which need positive drainage and make adjustments with approval from Engineer prior to pouring concrete. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 22 00 - GRADING & EARTHWORK TS - 29 3.4 SUBGRADE PREPARATION UNDER PAVED AREAS A. Remove soft or spongy basement material to a depth of 6 inches below the subgrade elevations for gravel trail section. Backfill the subgrade with earth, sand, gravel or suitable backfill materials to produce a stable foundation. B. The Contractor must at all times maintain the subgrade surface in such condition as to readily drain effectively. C. Vehicular and equipment traffic shall be distributed across the prepared surface in such a manner as to prevent continual operation in one path. The Contractor must repair any damage to the prepared subgrade. D. Storage or stockpiling of heavy loads on the roadway subgrade will not be permitted. Use only approved storage areas. E. The Contractor shall be responsible for any failure of the underlying native soils during the course of the work and must repair any damage. F. Finished subgrade shall be subject to the approval of the Engineer and no select material or improvement shall be placed thereon until approval for same has been obtained. 3.5 FIELD QUALITY CONTROL A. It is the Contractor’s responsibility to coordinate with the City inspector for each phase of work. The Contractor may not proceed with the next phase until the previous phase has been approved by the inspector. B. The Engineer will inspect, test and approve subgrades and fill layers before further construction is permitted thereon; and will conduct a sufficient number of tests chosen at Engineer's discretion to enable said Engineer to approve fill as it is placed. Areas to receive structural fills and all structural excavations must be approved before covering or filling. C. If in the Engineer's opinion, based on the results of testing for subgrade or fills which have been placed and compacted below the specified density, the Contractor shall provide additional compaction, with subsequent retesting by the owner until the affected subgrade or fill is approved. 3.6 DUST ALLEVIATION AND CONTROL The provisions of this section will apply to all work performed by the contractor and the subcontractors. A. The Contractor shall be responsible for and must provide pollution and dust abatement and control measures continuously during the course of the work. B. The Contractor must utilize reclaimed water, or dust palliatives, in compliance with the City's Water Conservation Guidelines. C. Dust control shall conform to the provisions in Section 10-4, “Water Usage”, Section 10-5 “Dust Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 22 00 - GRADING & EARTHWORK TS - 30 Control”, Section 10-6, “Watering”, Section 13-4.03C(3), “Stockpile Management”, Section 13- 5, “Temporary Soil Stabilization”, Section 14, “Environmental Stewardship”, and Section 18, “Dust Palliatives”, of the most current edition of the State Standard Specifications.” D. The Contractor shall provide suitable means for dust control by applying either reclaimed water, not potable water, or dust palliative for operations within the limits of the Work. The Contractor shall comply with the City Water Conservation Guidelines. Dust control work shall be performed in such manner to prevent dust at all times, including during non-working hours. Thoroughly moisten surfaces as required to prevent dust being a nuisance to the public, neighbors, and personnel performing other work on the site. E. The Contractor shall promptly comply will all directives from the City relating to dust control. If dust control is not performed in a manner satisfactory to the City, then either work shall be suspended until the dust control measures are sufficient, or dust control may be performed by the City, or its designee, and the City will deduct all costs it incurs performing dust control plus 25% from amounts due or that become due to the Contractor. F. At the end of each working day, or as directed by the City, the roadways and on-site paved areas must be cleaned and swept of all materials attributed to or involved in the Work. Streets must not be washed down into a storm drain or creek in lieu of street sweeping. Water wash may be picked up by a vacuum unit in lieu of sweeping. G. Full compensation for providing dust control shall be deemed included in the prices paid for the various contract items of work, and no separate payment will be made therefor. 3.7 STOCKPILING A. Provide a redline plan mark-up to the City of the proposed stockpile area for the grading operations. B. Separate differing materials with dividers or stockpile apart to prevent mixing. C. Prevent intermixing of soil types or contamination. D. Direct surface water away from stockpile site to prevent erosion or deterioration of materials. E. Stockpile unsuitable or hazardous materials on impervious material and cover to prevent erosion and leaching, until disposed of. Dispose unsuitable or hazardous material within 48 hours of removal. 3.8 STOCKPILE CLEANUP A. Remove stockpile, leave area in clean and neat condition. Grade site surface to prevent free standing surface water. B. Leave unused materials in a neat, compact stockpile. C. When borrow area is indicated, leave area in clean and neat condition. Grade site surface to prevent free standing surface water. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 22 00 - GRADING & EARTHWORK TS - 31 3.9 DISPOSAL OF EXCESS MATERIAL A. Surplus materials and construction debris remaining upon completion of the work shall become the property of the Contractor unless otherwise specified herein or noted on the plans and must be removed from the work site by the Contractor and disposed of off-site in a lawful manner. B. Contractor will be responsible for street sweeping of the roadways that are on the route for exporting of soil material. Contractor will also sweep that Linda Vista park parking lot as part of the exporting of the soil. Contractor to submit a haul route sketch prior to exporting soil material, to be approved by the City. C. Grading equipment used will not be heavy or too large as to cause damage to the existing asphalt paving at Linda Vista Park. Contractor is responsible for damage to existing asphalt paving or curbs. END OF SECTION 31 22 00 Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 23 33 - TRENCHING AND BACKFILL TS - 32 SECTION 31 23 33 TRENCHING AND BACKFILL A. Pipe bedding and initial backfill up to six inches above the top of the pipe must be Class I, Type A, ¾” maximum size gradation permeable material, conforming to Section 68-2.02F(2) “Class 1 Permeable Material” of the Standard Specifications. B. Material must contain at least 75% of the particles having one or more fractured faces. C. Bedding and backfill material must be subject to the approval of the Engineer. D. Call Local Utility Line Information service at USA North 811 not less than three working days before performing Work. Request underground utilities to be located and marked within and surrounding construction areas. E. Trenches may be excavated either by hand, or mechanically. F. Pipe trenches must be excavated to a depth below the bottom of the pipe sufficient to provide for pipe bedding materials as required in section titled General Bedding of this specification. G. Excavation shall include the removal of all water and materials of any nature which interfere with the construction work. Removal of ground water to a level below the structure sub-grade will be necessary unless specified otherwise. H. No tree roots over 1.5 inches in diameter shall be cut without the authorization from the project engineer or City Arborist. If existing roots over 1 inch in diameter are cut during the course of work, the cut faces shall be thoroughly coated with emulsified asphalt made especially for use on cut or damaged plant tissues. All exposed roots shall be covered with wet burlap to prevent them from drying out. I. Utilities must be laid on a firm layer of firm bedding material not less than 4 inches in depth as shown or as noted on the plans and detail drawings, except that bedding shall not be required for utilities two inches or less in nominal diameter. Compact as specified herein. J. Upon completion of bedding operations and, prior to the installation of pipe or appurtenances, notify the Engineer who will then inspect the bedding layer. Pipe laying shall not commence until the bedding has been approved. K. At the close of work each day, or whenever the work ceases for any reason, the end of the pipe shall be securely closed unless otherwise permitted by the Engineer. L. All pipe shall be installed in accordance with the manufacturer's recommendations. M. The interior of the pipe shall be clean and free from foreign materials before sections of the pipe are connected. The open ends of the pipe shall be sealed with watertight plugs or other approved means at times when pipe laying is not in progress. Under no conditions shall ground water be allowed to enter the pipe. N. Dropping or bumping of pipe will not be permitted. Care shall be exercised by the Contractor to prevent damage to the pipe during handling. There shall be no distortion or deflection of the pipe Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 23 33 - TRENCHING AND BACKFILL TS - 33 which might induce damage to the pipe, pipe lining, pipe coating or joints. O. Pipe will be carefully inspected in the field before and after laying. In no event shall rejected pipe be installed. Any pipe failing to pass inspection after laying shall be subject to rejection. Any corrective work shall be approved by the Engineer and shall be at no cost to the City. P. Backfill must be per the City standard requirements. Place in 6-inch maximum loose lifts to one foot above pipe unless otherwise specified. Bring up evenly on each side, and for the full length of the structure. Ensure that no damage is done to structures or protective coatings thereon. Place the remainder of the backfill in 8-inch maximum loose lifts unless otherwise specified. Compact each loose lift, as specified in section titled "General Compaction" of these Technical Specifications, before placing the next lift. Where unacceptable settlements occur in trenches and pits due to improper compaction, excavate to the depth necessary to rectify the problem, then backfill and compact the excavation as specified herein and restore the surface to the required elevation. Q. Systematically backfill to allow maximum time for natural settlement. Do not backfill over porous, wet, frozen, or spongy subgrade surfaces. R. Maintain optimum moisture content of fill materials to attain required compaction density. S. No backfill shall be placed until the line has been inspected and approved for backfilling. T. The Contractor must furnish, place, and maintain such sheeting, bracing, and shoring, conforming to Cal/OSHA for trenches 5 feet deep or more, to support the sides of the excavations for the proper protection of workers; to facilitate the work, to prevent caving, erosion, loss of surrounding subsoil; and to prevent damage to adjacent structures or facilities. U. Schedule and arrange with Engineer to inspect, test and approve trench backfill layers before further construction is permitted thereon. Number of tests required will be determined by the Engineer. V. If backfill has been placed that is below the specified density, provide additional compaction with subsequent retesting until successful compaction is achieved. END OF SECTION 31 23 33 Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 25 00 - WATER POLLUTION CONTROL TS - 34 SECTION 31 25 00 WATER POLLUTION CONTROL PART 1 - GENERAL 1.1 WORK INCLUDED A. Prohibit illicit discharge (non-rainwater) into the storm drain system. B. Construct any and all necessary systems to eliminate contaminants from entering the storm water system. C. Clean up and control of work site materials, spoils and debris. D. Removal of contaminants produced by the project. E. Projects that are less than one acre are required to have a Water Pollution Control Plan (WPCP) prepared and submitted to the City for approval prior to grading. 1.2 APPLICABLE PUBLICATIONS A. California’s General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (General Permit) Order No. 2009-0009-DWQ as amended by Order No. 2010-0014-DWQ (NPDES No. CAS000002) and 2012-0006-DWQ, Waste Discharge Requirements (WDRs) for Discharges of Storm Water Runoff Associated with Construction Activity(herein after referred to as General Permit) issued by the State Water Resources Control Board (State Water Board). B. Municipal Regional Stormwater Permit, Order No. R2-2015-0049, as amended by Order No. R2- 2019-0004, adopted November 18, 2015, issued by the California Regional Water Quality Control Board San Francisco Bay Region. C. California Storm Water Best Management Practice Handbooks, issued by California Stormwater Quality Association: 1. Municipal 2. Industrial/Commercial 3. Construction Activity D. Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Stormwater Handbook Version June 2016 1.3 QUALITY ASSURANCE A. All work performed under this contract and all contractors and their associates and/or employees are required to comply with all applicable storm water regulations and to implement Best Management Practices (BMP’s) at all times. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 25 00 - WATER POLLUTION CONTROL TS - 35 B. A Contractor prepared Water Pollution Control Plan (WPCP) must be submitted for the proposed control of contaminants entering the storm water system. City | County will provide a PDF base plan which may be used by Contractor. The WPCP plan must be approved by the Engineer prior to the commencement of work. C. The Contractor shall prepare and submit a Water Pollution Control Plan (WPCP), which specifies Best Management Practices (BMPs) that will prevent all construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off site into receiving waters. D. The Water Pollution Control Plan provided in the plan set is the minimum requirement for the project and is to be used as an example. Because the actual storm water pollution prevention and erosion control measures are specific to the means and methods, and phasing of construction, the Contractor will prepare his/her own project specific WPC Plan. E. The erosion and sediment control plan may be a neat red-line mark-up submitted on a color PDF. The erosion control measures shown on the project plans are minimum required, the contractor plan to also show temporary concrete washout facility, portable toilets with secondary containment and area for construction staging, materials storage, vehicle/ equipment storage, cleaning, maintenance and fueling area. F. All employees and subcontractors must be trained on the storm water pollution prevention requirements contained in these specifications. G. A supply of spill clean-up materials such as Spill Containment Kits must be kept readily accessible on-site. H. Groundwater from dewatering and foundation drains will need additional certification that the groundwater has been tested or evaluated for the presence of pollutants subject to non- stormwater discharge regulations. In such a case, a Special Sewer Discharge Permit shall be required for the water to be discharged to the Sanitary Sewer System, as directed. I. The contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures and for removing and disposing of temporary control measures. Prior to each rain event the temporary erosion control features as are necessary to prevent damage during the forthcoming rain event shall be constructed and functioning. PART 2 - PRODUCTS NONE PART 3 – EXECUTION 3.1 RECYCLING A. At the end of each working day, all scrap, debris and waste material must be collected and materials disposed of properly. B. Dry, empty paint cans/buckets, old brushes, rollers, rags and drop cloths must be disposed of in Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 25 00 - WATER POLLUTION CONTROL TS - 36 approved waste collection. C. Dumpsters must be inspected for leaks. As leaks are detected, the trash hauling contractor shall be contacted to replace or repair dumpsters that leak. D. Water from cleaning dumpsters must not be discharged on-site. E. Regular waste collection must be arranged for before dumpsters overflow. 3.2 HAZARDOUS MATERIAL/WASTE MANAGEMENT/MATERIALS MANAGEMENT A. Designated areas of the project site shall be proposed by the contractor for approval by the Engineer suitable for material delivery, storage and waste collection as far from catch basins, gutters, drainage courses and creeks as possible. B. All hazardous materials such as pesticides, paints, thinners, solvents and fuels; and all hazardous wastes such as waste oil and antifreeze must be labeled and stored in accordance with State and Federal regulations. C. All hazardous materials and all hazardous wastes must be stored in accordance with secondary containment regulations, and it is recommended that these materials and wastes be covered as needed, to avoid potential management of collected rain water as a hazardous waste. D. The contractor must dispose of all excess thinners, solvents, chemicals, oil-based and water- based paint as hazardous waste. E. Regular hazardous waste collection shall be arranged for to comply with time limits on the storage of hazardous wastes. F. Granular materials must be stored a minimum of ten feet from the closest catch basin and curb return. The contractor must not allow these granular materials to enter the storm drain or creek. G. Warning signs must be posted in areas containing or treated with chemicals. H. An accurate up-to-date inventory, including Material Safety Data Sheets (MSDS) of hazardous wastes stored on site must be kept and available to assist emergency response personnel in the event of a hazardous materials incident. I. Maintenance and fueling of vehicles and equipment must be performed in a designated, bermed area, or over a drip pan that will not allow run-off of spills. Vehicles and equipment shall be regularly checked and have leaks repaired promptly. Secondary containment, must be used to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed or poured. J. Construction operations shall be carried out in such a manner that erosion and water pollution will be minimized. Contractor shall comply with state and local laws concerning pollution abatement. K. Sanitary facilities shall be maintained on the site in a manner to prevent inadvertent discharge or leakage of sanitary wastes into the storm drain system either by placing sanitary facilities in locations that do not drain to the storm drain system or by providing secondary containment Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 25 00 - WATER POLLUTION CONTROL TS - 37 systems to capture leaked wastes. L. Extreme care shall be taken when hauling any earth, sand, gravel, stone, debris, paper, or any other substance over any public street, alley or other public place. Occurrences of material blown, spilled, or tracked over and upon said public or adjacent private property are prohibited and shall be immediately remedied. Discharge of debris is prohibited. Non-stormwater discharge is prohibited, except as specified in State Water Resources Control Board (SWRCB) Order 2009- 009-DWQ. Discharge of hazardous substances is prohibited. 3.3 CHEMICAL USAGE A. When rain is forecast within 24 hours, or during wet weather, the Engineer may prevent the contractor from applying chemicals in outside areas. B. Pesticides or fertilizers shall not be over-applied and material manufacturer’s instructions must be followed regarding uses, protective equipment, ventilation, flammability and mixing of chemicals. Over-application of a pesticide constitutes a violation subject to an enforcement action by the local authority. 3.4 DUST CONTROL A. Contractor shall provide dust control as required by the appropriate federal, state and City requirements. B. Reclaimed water must be used to control dust on a daily basis or as directed by the City C. At the end of each working day, or as directed by the City, the roadways and on-site paved areas must be cleaned and swept of all materials attributed to or involved in the work. Streets must not be washed down into a storm drain or creek in lieu of street sweeping. Water wash may be picked up by a vacuum unit in lieu of sweeping. D. Dust Control shall conform to the provisions in Section 1, “Dust Palliative,” of the Caltrans Standard Specifications and these special provisions. E. The Contractor shall take the prevailing wind direction into consideration during grinding operations and shall perform grinding operations in such a way so as to minimize dust. 3.5 CONCRETE GROUT AND MORTAR WASTE MANAGEMENT A. Concrete, grout and mortar shall be stored away from the drainage areas and ensure that these materials do not enter the storm drain system. B. Concrete trucks must not be washed out into streets, gutters, storm drains, drainage channels or creeks. C. Concrete trucks and equipment must be washed out off-site or in a designated area on-site where the water will flow onto dirt or into a temporary pit or bermed area. The water shall percolate into the soil and the hardened concrete placed in a waste container for disposal. If a suitable soil or bermed area is not available on-site, the wash water shall be collected and removed off-site and disposed of properly. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 25 00 - WATER POLLUTION CONTROL TS - 38 D. Contractor shall install and maintain construction entrances prior to commencement of grading. All construction vehicle traffic entering onto the paved roads must be cross stabilized construction entrance ways. Entrance ways may be constructed of two inch to six-inch drain rock, metal grating, or metal cattle-guard, or equivalent material, or may include vehicle wash stations as needed, in sufficient quantity and size to prevent tracking of mud and debris from the construction site. Tracking of mud or debris onto public streets, or onto adjacent public or private property, is prohibited and shall be removed immediately as required by the City. E. Regularly clean the gravel bag inlet protection so that sediment depth never exceeds a maximum of three inches. F. Remove sediment from sediment traps and restoration to original dimensions when sediment has accumulated to a depth of six inches. Sediment removed from a trap shall be deposited in a suitable area and in such a manner that it will not erode. 3.6 PAVING OPERATIONS A. Catch basins and manholes must be covered when paving or applying seal coat, tack coat, slurry seal or fog seal. B. Inlet protection shall be installed at open inlets to prevent sediment from entering the storm drain system. Contractor to protect drainage courses by using control measures such as straw bale and sand bag to divert run-off or trap filter sediment, per the approved WPCP. C. Excess sand (placed as part of a sand seal or to absorb excess oil) must not be swept or washed down into gutters, storm drains or creeks. The sand shall be collected and returned to the stockpile or disposed of in a trash container or hauled to an approved dump site. Water must not be used to wash down fresh asphalt concrete. D. All paved areas shall be kept clear of earth material and debris. The site shall be maintained so as to prevent sediment-laden runoff to any storm drainage system, including existing drainage swales and watercourse, to the extent necessary for compliance with applicable numeric action or effluent levels specified in the WPCP. Stockpiling of materials on the street will not be allowed unless otherwise approved by the engineer. The Contractor shall cover with plastic any construction or excavated materials which may possibly erode and enter the storm drain system of paved streets or other paved areas both public and private. Stockpiling of dirt on paved areas will not be allowed. 3.7 PAINTING A. The cleaning of painting equipment and tools must be performed in a designated area that will not enter the gutters, storm drains or creeks. B. Excess paint must be removed from brushes, rollers and equipment prior to cleanup. C. Wash water, from aqueous cleaning of water-based paint tools and equipment, must be disposed of in a sanitary sewer or onto a designated dirt area. D. Paint thinners and solvents from oil-based paints shall be filtered and re-used when possible. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 31 25 00 - WATER POLLUTION CONTROL TS - 39 Waste sludge, thinner and solvent from cleaning tools and equipment must be disposed of as a hazardous waste. 3.8 SITE CLEANUP A. The cleaning of equipment of materials shall not be performed on-site or in the street using soaps, solvents, degreasers, steam cleaning or equivalent methods. B. All cleanup must be performed in a designated area that will not allow the cleaning rinse to flow off-site or into streets, gutters, storm drains, or creeks. C. Clean-up shall be performed as each portion of the work progresses. All refuse, excess material, and possible pollutants shall be disposed of in a legal manner off-site and all temporary and permanent BMP devices shall be in place and maintained in good condition. D. Contractor must remove all construction materials, temporary facilities, temporary BMPs, equipment and construction related materials from the site. E. The contractor shall sweep the work area and clean up the work site daily before leaving the site. END OF SECTION 31 25 00 Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 32 16 13 - CONCRETE IMPROVEMENTS TS - 40 SECTION 32 16 13 CONCRETE IMPROVEMENTS A. Cement for Portland Cement Concrete to be placed in fence posts shall be Type V or Type II cement conforming to the requirements of Section 90-1.02B, “Cementitious Materials,” of the Standard Specifications B. Cement for Portland Cement Concrete to be placed in surface improvements shall contain a coloring compound equivalent to ½ pound of lampblack per cubic yard, added to the concrete. C. Concrete Mix: 1. Concrete shall conform to Section 90, “Concrete,” of the State Standard Specifications 2. The concrete shall contain not less than 564 pounds of cementitious material per cubic yard as determined by California Test Method 559. 3. Maximum slump for concrete is 4”. 4. Provide concrete to the following criteria: Item Min. 28-day Compressive Strength (psi) Fence Post and Sign Footings 3,000 D. Surplus material and debris remaining upon completion of the work shall be segregated as to type and transported from the job site and disposed of in a legal manner. END OF SECTION 32 16 13 Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 10 14 53 - SIGNAGE TS - 41 SECTION 10 14 53 SIGNAGE PART 1 – GENERAL 1.1 WORK INCLUDED A. This work shall consist of furnishing, installing, removing and relocating street signs and posts in accordance with the Plans and these Standard Specifications. 1.2 REFERENCES A. New signs and posts shall be installed in accordance the Caltrans Standard Specifications, Section 82. B. Signs and markers must comply with the California MUTCD, California Sign Specifications. For the California Sign Specifications, go to the Department’s Traffic Operations website. PART 2 – PRODUCTS 2.1 MATERIALS A. Sign panels shall be in accordance with Section 82 of the Caltrans Standard Specifications, or City approved equal. B. Mounting hardware for signs shall conform to the applicable requirements and specifications shown and noted on Caltrans Standard Plans RS2 through RS4. 2.2 TRAFFIC CONTROL SIGNS A. Traffic control sign panels shall be of the type, size, shape, and pattern designated or called for on the plans and detail drawings. Where sign sizes are not specified in the plans, the designated Standard size sign in accordance with the California MUTCD shall be used. B. Signs shall conform to the requirements of Section 56-4 of the Standard Specifications. C. Signs must comply with the California Sign Specifications and the federal Standard Highway Signs and Markings Book. D. Submit a certificate of compliance for: 1. Aluminum sheeting 2. Retroreflective sheeting 3. Screened-process colors 4. Nonreflective, opaque, black film E. Sign panels shall be constructed of aluminum, unless otherwise specified on plans. Aluminum panels shall conform to the requirements in Section 56- 2.01B (5), 56-2.02, and 56-2.05B of the Standard Specifications, and the State Standard Plans. F. Retroreflective sign sheeting shall conform to the requirements in Section 56- 2.01B (6) of the Standard Specifications and Part 2 of the California MUTCD. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 10 14 53 - SIGNAGE TS - 42 G. Sign information must be imprinted in 1/4-inch upper case letters and numerals. Locate this information on the back, lower right of each sign panel. Sign information must include: 1. Month and year of fabrication 2. Type of retroreflective sheeting 3. Sheeting manufacturer's identification and lot number for the retroreflective sheeting H. Posts for traffic control signs, unless designated to be mounted on traffic signal or electrolier standards, shall be as designated and detailed on the plans. I. Mounting hardware for traffic control signs shall conform to the details shown or called for on the plans. Mounting hardware for signal or electrolier standards or metal posts shall conform to the applicable requirements and specifications shown and noted on Plan RS4of State Standard Plans and Section 56-4.02E of the Standard Specifications. J. Concrete bases for traffic control sign posts shall be Portland cement concrete of the shape and dimensions shown or called for on the plans and detail drawings, and shall conform to the requirements of Section 02550 of these Technical Specifications and Section 90-2 of the Standard Specifications. PART 3 – EXECUTION 3.1 TRAFFIC SIGNS AND POSTS C. The exact location or relocation of each sign or signpost shall be determined in the field by the Engineer. D. Holes left in the landscaped area by removal of poles shall be filled with clear soil and any damage to landscaping shall be repaired. E. Holes in concrete shall be core drilled and filled with concrete slurry and finished flush with sidewalk. F. Warning and regulatory signs shall conform to Chapter 4 of the Caltrans Traffic Manual G. All existing signs shall be maintained until they have been relocated or replacement signs are installed. 3.2 TRAFFIC CONTROL SIGNS A. Traffic control signs shall be installed in conformance with the requirements of the California MUTCD, and Section 56 of the Standard Specifications. END OF SECTION 10 14 53 Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 32 17 00 - SIGNING AND PAVEMENT DELINEATION TS - 43 SECTION 32 17 00 SIGNING AND PAVEMENT DELINEATION PART 1 - GENERAL 1.1 WORK INCLUDED A. Cleaning and sweeping of streets before application of markings. B. Application of temporary and permanent stripes and pavement markings. C. Application of raised pavement markers. D. Application of roadway markers, striping and delineators. E. Restoration of existing improvements. F. Cleanup and removal of debris. G. Supplying all labor, materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are incidental and necessary to complete the work specified. 1.2 SUBMITTALS A. For each lot or batch of traffic stripe material, primer, and glass beads, submit: 1. Certificate of compliance, including the material name, lot or batch number, and manufacture date 2. METS notification letter stating that the material is authorized for use, except for thermoplastic and primer 3. SDS 4. Manufacturer’s Instructions B. For each lot or batch of thermoplastic, submit a manufacturer's certificate of compliance and the following test results from the California Test 423: 1. Brookfield Thermosel viscosity 2. Hardness 3. Yellowness index, white only 4. Daytime luminance factor 5. Yellow color, yellow only 6. Glass bead content 7. Binder content C. The date of the test must be within 1 year of use. D. Submit test results for each lot of beads specifying the EPA test methods used and tracing the lot to the specific test sample. The testing for lead and arsenic content must be performed by an independent testing laboratory. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 32 17 00 - SIGNING AND PAVEMENT DELINEATION TS - 44 E. Submit the thermoplastic test stripe to the Engineer. F. Submit a retroreflectivity test within 5 days of testing the traffic stripes and pavement markings. The data must include the retroreflectivity, time, date, and GPS coordinates for each measurement. 1.3 QUALITY ASSURANCE A. Manufacturer's certificates showing conformance with this specification shall be delivered with each shipment of materials and equipment delivered to the job site. B. Only City inspected and approved material may be used for roadway delineation. C. Codes and Standards 1. The standards, recommended methods and tests contained in the publications cited below shall determine the standards for the work to be done hereunder unless otherwise specifically designated on the plans: a. The California Manual on Uniform Traffic Control Devices (California MUTCD), latest edition. b. The regulations, standards, and tests of the State of California Department of Transportation Materials and Research Division. c. The State of California Standard Plans and Standard Specifications, and applicable related Standard Special Conditions. 2. Traffic signs, roadway markers and delineators, traffic stripes, pavement markings, and pavement markers shall be placed in the locations shown on the plans and shall conform to the applicable sections of the California MUTCD and the State of California Highway Design Manual. 3. Reference by manufacturers, brands or models is to establish type and quality of materials desired. Substitutions of materials of equal quality will be permitted upon the prior written approval. 1.4 JOB CONDITIONS G. No striping, markings, or markers shall be applied until pavement surfaces have been approved. H. Concrete shall be thoroughly cured before application of striping, markings, or markers thereon. 1.5 DELIVERY, STORAGE, AND HANDLING A. Accept materials on site in original factory packaging, labeled with manufacturer's identification. B. Protect from weather and construction traffic, dirt, water, chemical, and mechanical damage, by storing in original packaging. C. Do not deliver items to project before time of installation. Limit shipment of bulk and multiple-use materials to quantities needed for immediate installation. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 32 17 00 - SIGNING AND PAVEMENT DELINEATION TS - 45 PART 2 - PRODUCTS TEMPORARY PAVEMENT DELINEATION A. Temporary Pavement Delineation shall conform to Section 12-6, "Temporary Pavement Delineation," and Section 84-2, "Traffic Stripes and Pavement Markings", of the Caltrans Standard Specifications. B. Short term, temporary pavement markers shall be day/night retroreflective raised pavement markers conforming to the requirements of Section 12-6 of the Standard Specifications and Part 6 of the California MUTCD. PAINT A. Paint for traffic stripes and pavements markings shall conform to Section 84-2, "Traffic Stripes and Pavement Markings", of the Caltrans Standard Specifications and the following: 1. Waterborne Traffic Line (White, Yellow, Black): Caltrans Standard Specifica tion PTWB- 01R2 2. Waterborne Traffic Line for disabled persons' parking, and other curb markings (blue, red, green): Federal Specification No. TT-P-1952D(E) REFLECTORIZED MARKERS AND POSTS A. Retroreflective markers and delineators shall be of the size, type and description shown, noted, or called for on the plans and detail drawings and shall conform to the requirements of Section 82 of the Standard Specifications, and the California MUTCD. B. Posts for retroreflective markers shall be of the type shown, noted, or called for on the plans and detail drawings, and shall conform to the requirements of Section 82-5 of the Standard Specifications. C. Target plates for markers shall be of the type shown, noted, or called for on the plans and detail drawings and shall conform to the requirements of Section 82-5.02E of the Standard Specifications. D. Reflectors for markers and delineators must consist of Type III or higher-grade retroreflective sheeting on the State Authorized Material List for signing and delineation materials, and shall comply with requirements in the California MUTCD. E. Mounting hardware shall conform to the requirements of Section 82-5.02G of the Standard Specifications. PROTECTION Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 32 17 00 - SIGNING AND PAVEMENT DELINEATION TS - 46 A. The Contractor shall protect the newly installed pavement markers and stripes from damage until the material has cured. Any damage by the elements to the newly stripe or marking due to the failure of any Contractor to protect his work shall be repaired by him at no additional cost. Any over-spray or tracking of fresh thermoplastic material onto unpainted surfacing shall be removed by any methods to the satisfaction of the Engineer. B. Replace any markers broken, misaligned or otherwise disturbed prior to opening roadway to traffic. PART 3 – EXECUTION 3.1 LAYOUT, ALIGNMENT, AND SPOTTINGS A. All layout, spotting and tracking required shall be performed by and at the expense of the Contractor and approved by the City, prior to placement of pavement striping or markings. B. When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent paint application by any means satisfactory to the City. C. The Contractor shall mark or otherwise delineate the traffic lanes in the new roadway or portion of roadway, or detour before opening it to traffic. D. The Contractor shall provide an experienced technician to supervise the location, alignment, layout, dimensions, and application of the delineation or marking. E. The Contractor shall furnish all equipment, materials, labor, and supervision necessary for installing pavement striping and markings in accordance with the contract plans for temporary detours required for the safe control of traffic through and/or around the project. F. Standard word markings, letters, numerals, and symbols shall be as shown as on the plans. In the absence of such information, all stencils and templates shall be identical with those used by the City. The Contractor shall obtain stencils for all required legends. 3.2 TEMPORARY PAVEMENT MARKERS A. Temporary pavement markers shall be installed and replaced as directed. B. If permanent pavement markers cannot be installed immediately, short term, temporary pavement markers shall be installed on new roadways before the street will be opened for traffic. C. Temporary pavement markers, at a minimum, shall be placed at 16 feet on centers in the appropriate colors to delineate centerlines and travel lanes on multi-lane roadways except that edge lines shall not be simulated with raised pavement markers. D. Should the Contractor elect to alter the existing traffic stripes and markings, or to divert the flow of traffic on construction projects for their own convenience and there are no special pavement markings or lane delineations shown on the plans or in the Special Provisions, Contractor shall, at no expense to the City, provide the necessary temporary striping in accordance with the CA MUTCD, unless otherwise directed by the City. Removal of such striping shall be at the Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 32 17 00 - SIGNING AND PAVEMENT DELINEATION TS - 47 Contractor's expense. The Contractor shall remove all existing or temporary detour striping or markings that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to applying the new traffic stripes or markings. E. Temporary Traffic Stripe or Marking Tape shall be removed "clean" prior to installation of permanent pavement delineation. 3.3 TRAFFIC CONTROL SIGNS A. Traffic control signs shall be installed in conformance with the requirements of the California MUTCD, and Section 56 of the Standard Specifications. B. After erection, damage to traffic sign faces shall be repaired as required. 3.4 RESTORATION OF EXISTING IMPROVEMENTS A. Existing signs or other markings removed or damaged due to the installation of roadway markers or traffic control signs shall be replaced in kind. B. Existing landscaping or planting removed, damaged or disturbed due to the installation of roadway markers or traffic control signs shall be replaced in kind. 3.5 CLEANUP A. Upon completion of the installation of Roadway Markings and Accessories, Contractor shall thoroughly clean the work site of all waste, rubbish and construction debris of any nature. B. Upon removal of temporary signs, patch holes in walkway or roadway with Portland Cement concrete conforming to these Technical Specifications. END OF SECTION 32 17 00 Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 06 10 00 – SITE CARPENTRY TS - 48 SECTION 06 10 00 SITE CARPENTRY PART 1 - GENERAL 1.1 WORK INCLUDED A. The work includes fabrication and installation of all wooden fence and related hardware. 1.2 SUBMITTALS A. Contractor shall submit the following for approval prior to construction: 1. Wood samples: Submit sample of finished lumber of each type. Where normal color and texture variations are to be expected, provide "range" samples showing limits of such variations. Once approved, the sample shall become the basis for the minimum acceptable quality. 2. Hardware samples: Submit sample of hardware of each type for approval prior to delivering any material to the job site. 1.3 QUALITY ASSURANCE A. All lumber and wood shall be in conformance with “Standard Grading Rules for West Coast Lumber”. B. All woodwork shall be clearly stamped with the grade required. Grade markings for exposed wood shall be placed on a concealed surface. C. Excessive checking or splitting shall be grounds for rejection of the material. 1.4 REVIEWS A. Contractor shall specifically request the following reviews prior to progressing with the work. Any work done prior to obtaining Owner’s approval shall be at the contractor’s own risk, and shall be removed and reconstructed if necessary, at no additional cost to the owner. 1. Inspection of work site. 2. String line layout of fence line. 3. Fence post and retaining wall post locations. 4. Completed post installation including concrete footings 5. Substantial completion with punch list 6. Final completion 1.5 DELIVERY, HANDLING, AND STORAGE A. Lumber delivered to the site shall be carefully stacked off the ground in such a manner as to insure proper drainage, ventilation, and protection from the weather. B. Lumber shall be protected during transit from any surface deformation, discoloring, or any other defacing or disfigurement of the lumber. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 06 10 00 – SITE CARPENTRY TS - 49 PART 2 - PRODUCTS WOOD A. All wood shall be as specified on the drawing. HARDWARE AND FASTENERS A. All hardware shall be hot dipped, galvanized steel, unless noted otherwise (stainless steel and aluminum alloy acceptable). PART 3 - EXECUTION 3.1 CONSTRUCTION A. All construction shall be in accordance with the drawings and details. 3.2 EXAMINATION A. Contractor shall be responsible for all necessary field measurements at the construction site. 3.3 ASSEMBLY A. All carpentry work shall be accurately fitted. B. Vertical members shall be installed plumb and evenly spaced. C. All end cuts shall be made clean and square. D. Horizontal members including rails shall be installed dead level. E. Top rail shall rest on top of posts such that end grain on posts is not exposed to the weather. F. Rails and other horizontal members shall be installed with grain cupping facing down. END OF SECTION 06 10 00 Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 32 31 13 – CHAIN LINK FENCE TS - 50 SECTION 32 31 13 CHAIN LINK FENCE PART 1 - GENERAL 1.1 WORK INCLUDED A. The work includes furnishing and installing of all chain link fences, gates and related hardware B. As the first order of work the contractor shall stake out the gates at both ends of the project, and walk the site with the engineer. The gate locations are intended to be adjusted prior to ordering materials and excavation for footings. Prior to site visit contractor to stake pole locations with wooden lathe, and paint the gate leaf swings for both vehicle and walking gates. Assume the limits of excavation and class 2 AB will be adjusted. After confirming the gate locations Contractor to provide a redline mark-up of the new locations with measurements to nearest pole and fence corner for reference. Engineer will draw new gate locations. Contractor manufacturer to provide stamped shop drawings of the gates posts and gate supports prior to ordering the materials 1.2 SUBMITTALS A. Submit shop drawings showing typical fabric pattern, fence and gate construction. B. Submit a complete schedule and catalog cuts for all new hardware, appurtenances, posts, rails, and other components. 1.3 QUALITY CONTROL A. Chainlink fence system shall conform to ASTM F 668-96 PART 2 - PRODUCTS MATERIALS Fence components shall be Interstate Fence Company manufactured or approved equal. Contact for Interstate Fence Company at (408) 639-4881. A. Fabric 1. Fabric height shall be as shown on drawings. 2. The fabric shall be No. 9 gauge galvanized coated wire (with black polyvinyl coating, thermally fused) to form a continuous chain link fabric having a 2-inch mesh. 3. Both top and bottom edges shall have knuckled selvages. 4. Fabric shall be hot dip galvanized after weaving to produce a zinc coated bare wire surface, ASTM A392, Class 2. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 32 31 13 – CHAIN LINK FENCE TS - 51 5. The wire in the completed fabric shall stand a tensile strength test of 75,000 pounds per square inch for No. 9 gauge, after galvanizing. B. Polyvinyl Coatings 1. All fence components shall be receive a polyolfin coating, Permafused II by Master Halco or approved equal, Midnight Black color. 2. Coating shall be a minimum of 10 mils thick on all framework components, and minimum of 6 mils thick on all fittings and wires. C. Posts and Other Accessories 1. All posts and other appurtenances shall be galvanized in accordance with ASTM A123. 2. The weight of the zinc coating per square foot of actual surface shall average not less than 2.0 ounces, and no individual specimen shall show less than 1.8 ounces. D. Corner, Brace, End and Pull Posts 1. Schedule 40 commercial quality pipe having an outside diameter of 2.875 inches and a weight of 5.79 pounds per foot. E. Rails and Braces 1. Schedule 40 commercial quality pipe having an outside diameter of 1.660 inches and a weight of 2.270 pounds per foot. F. Gate Posts for Gate Leaf Width of 7 Foot, 0 Inch or Less: 1. Schedule 40 pipe with an outside diameter of 2.875 inches and a weight of 5.79 pounds per foot. G. Gate posts shall be equipped with tops to exclude water. H. Fabric Connections 1. Tension bars shall be galvanized 1/4 inch x 3/4 inch steel. 2. Pressed steel bands shall be galvanized 11 gauge. 3. Ties shall be 9 gauges galvanized steel wire. I. Gate Frames 1. Frames shall be made of Schedule 40 commercial quality pipe having an outside diameter of 1.660 inches and a weight of 2.270 pounds per foot. 2. All joints shall be welded to form a rigid frame. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 32 31 13 – CHAIN LINK FENCE TS - 52 3. Fabric shall match fence. 4. Intermediate braces and truss rods of sufficient strength to prevent sagging shall be used. 5. Frames shall be furnished complete with approved hinges, latches, keepers and stops. 6. Hinges to provide swing of 180 degrees and a locking device suitable for padlocking shall be provided. 7. Welded connections shall be smooth and painted with one coat of metal primer and two coats of aluminum paint prior to coating. J. Miscellaneous Fittings 1. All fittings entering into the fence necessary to make a complete installation shall be hot dip galvanized in conformance with ASTM A153 steel wire. 2. The coated wire size shall be No. 7 gauge (0.177 + 0.005 inches) or larger. 3. The wire shall have a minimum breaking strength of 1,850 pounds. 4. Wire shall have a coating weight of not less than 0.40 ounces of aluminum per square foot of uncoated wire surface in accordance with ASTM A491. K. Tension Wire 1. The tension wire for chain link fence shall be aluminum-coated steel wire. 2. The coated wire size shall be No. 7 gauge (0.177 + 0.005 inches) or larger. 3. The wire shall have a coating weight of not less than 0.40 ounces of aluminum per square foot of uncoated wire surface in accordance with ASTM A491. L. Concrete 1. Concrete to be used for setting all posts shall be five sack 2,500 psi at 28 days. PART 3 - EXECUTION 3.1 POST INSTALLATION A. Do not construct fence until site grading is complete. B. Posts shall be set to the lines shown on the drawings, with holes drilled such that posts will be centered in the concrete bases. C. Holes shall be filled with concrete and the top crowned at one-half inch per foot to prevent accumulation of water. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 32 31 13 – CHAIN LINK FENCE TS - 53 D. Concrete shall cure a minimum of 72 hours prior to installation of woven wire fabric. E. All posts shall be set plumb. F. Terminal posts shall be provided at 500 foot maximum spacing, and at all tangents on curved sections, whether at a fence end or corner or not. G. Fencing shall follow natural ground surface, but ignore minor irregularities in grade. 3.2 FABRIC INSTALLATION A. The wire fabric shall be securely fastened to all terminal, corner and/or pull posts by 1/4 inch x 3/4 inch tension bars with 11 gauge pressed steel bands spaced 12 inches apart. B. Attach to line posts, top, bottom and intermediate rail with 9 gauge steel wire ties 18 inches apart. C. Position the bottom of the fabric 2 inches above finish grade. 3.3 INSTALLATION OF RAILS AND BRACES A. Top rail shall be provided with couplings maximum spacing of 18 feet B. Couplings shall be the outside sleeve type and at least 7 inches long. C. Top rail shall pass through base of post top and form a continuous brace end to end of each stretch of fence. D. Top, bottom and intermediate rail shall be securely fastened to end, gate, pull and corner posts by means of suitable pressed steel connections. E. Horizontal braces shall be furnished for end, gate and corner posts. F. Braces are to be spaced midway between top rail and ground, and extend to the first line post. G. Braces shall be securely fastened to posts by means of pressed steel connections and trussed from the line posts back to end, gate or corner posts with 3/8 inch round rod. 3.4 GATE INSTALLATION A. Install fabric on gate frame with 1/4 inch x 3/4 inch tension bars and 11 gauge pressed steel bands. B. Position the hinges on the gate posts and frames to provide 2 inch clearance between the frame and finish grade. C. Adjust all components to provide for proper alignment and operation. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 32 31 13 – CHAIN LINK FENCE TS - 54 END OF SECTION 32 31 13 Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 33 44 00 - STORM DRAINAGE FACILITIES TS - 55 SECTION 33 44 00 STORM DRAINAGE FACILITIES PART 1 - GENERAL 1.1 WORK INCLUDED A. Trenching and other excavation. B. Ground water control. C. Pipe bedding. D. Installation of storm drains and appurtenances. E. Backfill and compaction of backfill. F. Dust alleviation and control. G. Cleanup and restoration of surface in improved areas. H. Supplying all labor, materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are incidental and necessary to complete the work specified. 1.2 APPLICABLE PUBLICATIONS A. The publications listed below form a part of this specification to the extent referenced. The publications are referenced in the text only by the general designation. B. American Society for Testing and Materials (ASTM) Publications: A36 Carbon Structural Steel. A48 Gray Iron Castings. A123 Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products C76 Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe C443 Joints for Concrete Pipe and Manholes, using Rubber Gaskets. C497 Test Methods for Concrete Pipe, Concrete Box Sections, Manhole Sections, or Tile. 1.3 QUALITY ASSURANCE A. Submit manufacturer's data on pipe, drainage structure and castings to be used. B. The Engineer may require manufacturer's or supplier's certificates showing conformance with this specification to be delivered with each shipment of material delivered to the job site. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 33 44 00 - STORM DRAINAGE FACILITIES TS - 56 C. D-Load or class of pipe requirements shown or called for on the plans shall be the minimum acceptable. D. All pipes shall bear the manufacturer's label for the type, specification, and classification of the pipe. E. All storm drains shall be subject to passing a ball test. 1.4 JOB CONDITIONS A. Note and conform to conditions and requirements indicated and specified under Section Trenching and Backfill of these Technical Specifications. PART 2 - PRODUCTS DUCTILE IRON PIPING A. Ductile iron pipe shall be designed in accordance with pressure class requirements of ANSI/AWWA C150/A21.50 and C151/A21.51 as applicable. The minimum pressure class shall be Class 51 (0.26" nominal thickness for 4-inch pipes), unless otherwise determined by the engineer or as shown on the drawings. HIGH-DENSITY POLYETHYLENE PIPING A. High-density polyethylene (HDPE) piping and HDPE downdrain 6"x4" tee shall be ADS, SDR-17, or approved equal. Install DIP to HDPE transition coupling. PART 3 - EXECUTION 3.5 TRENCHING, BACKFILLING AND SHORING A. Shall conform to Trenching and Backfill of these Technical Specifications. 3.6 PIPE INSTALLATION A. Installation: Storm drain pipe, underdrains and appurtenances shall be installed in prepared trenches starting at the lowest point, with the bell ends pointing in the direction of the flow. B. Handling: Pipe shall be carefully handled during hauling, unloading, and placing operations, so as to avoid breakage or damage. Strap-type slings shall be used for lifting and placing; no chains or hooks will be permitted. Broken or damaged pipe including chipped bells of spigots, will be rejected, and shall be removed from the work site. C. Alignment: All pipe shall be accurately laid in conformity with the prescribed lines and grades established by the Engineer. Each length shall be joined to the preceding section as specified, and after said jointing has been completed, there shall be no movement of the pipe in subsequent operations. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 33 44 00 - STORM DRAINAGE FACILITIES TS - 57 D. Pipe Deflections: The laying of pipe on curved alignment will be permitted only when necessary to conform with the alignment shown or called for on the plans. Joint deflections called for on the plans shall be permitted up to one half of the deflection recommended by the pipe manufacturer. E. Cleaning: Before each new length of pipe is placed, the interior of the preceding pipe shall be carefully cleaned of all dirt and debris. When pipe laying is not in progress, all open pipe ends shall be closed with plugs in a satisfactory manner to the Engineer. F. Bearing: Pipe in the trench shall have continuous uniform bearing along its bottom, except all bell holes. Before lowering pipe into the trench, the Contractor shall remove all stakes, debris, loose rock and other hard material from the bottom of the trench. G. Positioning: After the final positioning, pipe shall be held in place with cover materials placed equally on both sides so as to hold the pipe section in place. Position plastic pipe with "STORM DRAIN" markings facing up. After joints are completed, the cover material shall be redistributed and compacted as herein required. H. Closure: At the end of each working day, the open ends of the installed pipe shall be closed with plugs. Openings for appurtenances shall be suitably covered. 3.7 CONNECTIONS A. Unless separately listed on the bid schedule, make all required pipe connections to existing facilities and improvements, including grout, at no additional cost, and compensation for such work shall be deemed as included in the price bid for pipe installation. B. For pipe connections, the joint shall be made by properly lubricating the rubber gasket with a suitable vegetable compound soap before it is placed in the groove at the spigot end. The gasket shall be stretched over the spigot end of the pipe and carefully seated in the groove, with care taken to equalize the stress in the gasket around the circumference of the joint. The gasket shall not be twisted, rolled, cut, crimped, or otherwise injured or forced out of position during the closure of the joint. A feeler gauge shall be used to check the position of the rubber gasket after the joint has been assembled. Where a joint placement is found to be improper, the tested pipe section shall be removed, the gasket checked for damage, a new gasket installed, if necessary, the pipe re-laid and the gasket placement rechecked. 3.8 STRUCTURES A. Structures and appurtenances shall be installed at the location and to the lines and dimensions shown on the plans and detail drawings. B. Structures shall be constructed and/or installed in conformance with the applicable requirements of Section 51 of the Standard Specifications. Unless otherwise noted on the plans or detail drawings, all exposed surfaces of poured in place structures and appurtenances shall have a “Class 1 surface finish” in accordance with Section 51-1.03F(3). 3.9 STORM DRAIN CLEANING A. Storm drain pipe and structures shall be cleaned of all dirt, debris, and form work. Linda Vista Trail Project Technical Specifications Project No. 2020-08 October 2020 City of Cupertino 33 44 00 - STORM DRAINAGE FACILITIES TS - 58 B. Pipes shall be balled with an approved rubber ball to insure cleanliness prior to acceptance. 3.10 UNDERDRAINS A. Trenches for underdrains shall be excavated in the location shown. B. Place filter fabric in the trench to protect the permeable material and pipe prior to backfilling. C. After installing pipe, backfill the trench with permeable material according to the dimensions and details shown on the plans. D. Perforated pipe, fabric, and permeable material shall conform to Section 68-2.02 of the Standard Specifications. END OF SECTION 33 44 00 TABLE OF CONTENTS PAGE GENERAL GENERAL NOTES DRAFTING STANDARDS 0 - 7 1. STREETS RESIDENTIAL STREET SECTIONS (CUL-DE-SACS) 1 - 1 RESIDENTIAL STREET SECTIONS 1 - 2 STANDARD STREET SECTIONS 1 - 4 STANDARD STREET SECTIONS 1 - 6 STANDARD STREET SECTIONS 1 - 8 SPECIAL HILLSIDE SECTIONS 1 - 10 RURAL AND SEMI-RURAL STREET SECTIONS 1 - 11 CUL-DE-SACS 1 - 12 STREET MONUMENT 1 - 14 CURB SECTION 1 - 16 VALLEY GUTTER 1 - 18 SIDEWALK DETAIL 1 - 19 DRIVEWAY – DETACHED SIDEWALK 1 - 20 DRIVEWAY – MONOLITHIC SIDEWALK 1 - 21 DRIVEWAY – MONOLITHIC SIDEWALK OPTION 2 1 - 21B SIDEWALK CORNER TRANSITION 1 - 22 DOWEL CONNECTIONS 1 - 23 CURB RAMP DETAILS 1 - 24 CURB RAMP DETAIL 1 - 26 SIDEWALK TRANSITION 1 - 28 SIDEWALK TRANSITION AROUND EXISTING STREET 1 - 30 CIRCULAR DRIVEWAY DETAIL 1 - 32 TABLE OF CONTENTS PAGE 2 PAGE 2. SIGNS, STRIPING, CHANNELIZATION STREET BARRICADE 2 - 2 OBJECT MARKING DETAIL 2 - 3 ACCESS CONTROL ISLANDS 2 - 16 THROUGH MOVEMENT CONTROL ISLANDS 2 - 18 SIGN POSTS 2 - 20 STREET NAME SIGNS ON TRAFFIC SIGNAL POLES 2 - 21 STREET NAME SIGN MOUNTING ON SIGN POLE 2 - 22 PUBLIC SERVICE BANNER 2 - 24 LANE LINE MARKERS 2 - 26 BIKE LANE DETAILS 2 - 27 PARKING AND AISLES – ONE WAY 2 - 28 PARKING AND AISLES – TWO WAY 2 - 30 PARKING AND AISLES - INDUSTRIAL & DISABLED 2 – 32 3. STORM DROP INLET - CURB OPENING 3 - 2 24” FLAT GRATE DROP INLET 3 - 4 FIELD INLET – SIDE OPENING 3 – 8 CONCENTRIC MANHOLE 3 - 10 ECCENTRIC MANHOLE - 8” - 33” PIPE 3 - 12 ECCENTRIC MANHOLE - 36” - 48” PIPE 3 - 14 ECCENTRIC MANHOLE - 51” PIPE AND LARGER 3 - 16 STANDARD CONNECTION TO MANHOLE WALL 3 - 18 STANDARD CONNECTION TO RCP - 48” & LARGER 3 - 20 TABLE OF CONTENTS PAGE 3 PAGE 4. TRENCHES TRENCH BACKFILL REQUIREMENTS 4 - 24 5. ELECTROLIERS & ELECTRICAL ELECTROLIER & CONDUIT LOCATION W/SIDEWALK 5 - 2 ELECTROLIER & CONDUIT LOCATION W/O SIDEWALK 5 - 4 ELECTROLIER & CONDUIT LOCATION IN MEDIANS 5 - 6 35 FT. ELECTROLIER STANDARD 5 - 8 30 FT. ELECTROLIER STANDARD 5 - 10 ELECTROLIER FOUNDATION 5 - 12 TRADITIONAL FOUNDATION – MONTA VISTA 5 - 14 CONDUIT INSTALLATION FOR LOOP DETECTOR 5 - 16 TYPE ‘SA’ LOOP INSTALLATION 5 - 17 SPECIAL LOOP INSTALLATION 5 - 18 TYPE QC/CIRCULAR LOOP INSTALLATION 5 - 19 SERVICE DETAIL 5 - 20 LIGHTING NOTES 5 - 22 6. TREE PLANTING PUBLIC RIGHT-OF WAY TREE PROTECTION NOTES 6 - 2 TREE TRUNK PROTECTION 6 - 3 TREE FENCING PROTECTION 6 - 4 TREE PLANTING IN PUBLIC RIGHT OF WAY 6 - 6 TREE PLANTING IN PUBLIC RIGHT OF WAY 6 - 8 TREE PLANTING W/ BUBBLE INSTALLATION 6 - 10 TABLE OF CONTENTS PAGE 4 PAGE 7. SIGHT TRIANGLES CONTROLLED INTERSECTION 7 - 2 UNCONTROLLED INTERSECTION 7 - 4 SIDEWALK CLEARANCE @ DRIVEWAY 7 - 6 8. SPECIAL CONCRETE BLOCK RETAINING WALL 8 - 2 TIMBER RETAINING WALL 8 - 4 CLOSING OF BLOCK 8 - 6 TRAFFIC SIGNAL PHASING 8 - 8 TURF BLOCK 8 - 14 GRASSED WATERWAYS WITH JUTE MAT 8 - 16 STRAW ROLLS 8 - 18 DRIVEWAY DETAIL - DETACHED SIDEWALK SECTION A - A 5/1/2020 5/1/2020 SECTION A - A DRIVEWAY DETAIL - MONOLITHIC SIDEWALK OPTION 2 (For Residential Only) 5/1/2020 9/10/2020 5/27/2020 Note: 1- See Tree Protection Requirements (Detail 6-2) for additional tree protection requirements. 2- If there is no existing irrigation, see Tree Protection Requirements for watering requirements. 3- No pruning shall be performed except by approved arborist. 4- Use of this detail in lieu of Detail 6-4 may only be acceptable where installation of fencing will restrict ingress and egress of public streets, sidewalks or pathways that are to remain open. Approval by the Director of Public Works, or his or her designee, is required prior to use of this standard. Wrap tree with 2x4 boards and wire against trunk. CITY OF CUPERTINO STANDARD DETAIL Approved By_____________________________________ Date_________ City Engineer 6-35/27/2020 Tree Protection Area shall be 6 times the DBH of the tree in all directions from the face of the trunk.4'-0"Maintain existing grade with the tree protection fence unless otherwise approved by the city. 2" x 6' steel posts or approved equal driven into the ground. Tree Protection fence: 4' High, clearly visible, mounted on steel posts installed at 8' on center. 5" thick layer of mulch. Notes: 1- See Tree Protection Requirements (Detail 6-2) for additional tree protection requirements. 2- If there is no existing irrigation, see Tree Protection Requirements for watering requirements. 3- No pruning shall be performed except by an approved arborist. 4-No equipment shall operate inside the protective fencing including during fence installation and removal. 5- Any modification must be approved by the Director of Public Works. KEEP OUT TREE PROTECTION AREA 8.5" x 11" sign laminated in plastic. A minimum of one sign for each facing direction of the fence. City of Cupertino Standard Detail Approved By__________________________________Date________ City Engineer 6-45/27/2020 Redgwick for Linda Vista Trail Final Audit Report 2020-12-15 Created:2020-12-11 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAessPEJfpn2ohyYxvhr2NuWXw8b-18I-0 "Redgwick for Linda Vista Trail" History Document created by Julia Kinst (juliak@cupertino.org) 2020-12-11 - 1:55:46 AM GMT- IP address: 64.178.242.15 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-12-11 - 2:00:11 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-12-11 - 2:04:37 AM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Bob Rahebi (bob@redgwick.com) for signature 2020-12-11 - 2:04:43 AM GMT Email viewed by Bob Rahebi (bob@redgwick.com) 2020-12-11 - 5:15:43 AM GMT- IP address: 174.194.165.5 Email viewed by Bob Rahebi (bob@redgwick.com) 2020-12-15 - 3:47:25 PM GMT- IP address: 198.0.203.117 Document e-signed by Bob Rahebi (bob@redgwick.com) Signature Date: 2020-12-15 - 4:46:23 PM GMT - Time Source: server- IP address: 198.0.203.117 Document emailed to Travis Miller (travis@redgwick.com) for signature 2020-12-15 - 4:46:30 PM GMT Email viewed by Travis Miller (travis@redgwick.com) 2020-12-15 - 5:49:44 PM GMT- IP address: 198.0.203.117 Document e-signed by Travis Miller (travis@redgwick.com) Signature Date: 2020-12-15 - 5:53:21 PM GMT - Time Source: server- IP address: 198.0.203.117 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2020-12-15 - 5:53:28 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2020-12-15 - 6:36:44 PM GMT- IP address: 104.143.198.70 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2020-12-15 - 6:37:22 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Deb Feng (debf@cupertino.org) for signature 2020-12-15 - 6:37:29 PM GMT Email viewed by Deb Feng (debf@cupertino.org) 2020-12-15 - 7:13:22 PM GMT- IP address: 104.47.45.254 Document e-signed by Deb Feng (debf@cupertino.org) Signature Date: 2020-12-15 - 7:14:59 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2020-12-15 - 7:15:07 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2020-12-15 - 7:42:01 PM GMT- IP address: 104.47.44.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2020-12-15 - 7:42:13 PM GMT - Time Source: server- IP address: 148.64.105.190 Agreement completed. 2020-12-15 - 7:42:13 PM GMT