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19-191 Street Sweeping Project Manual PUBLIC WORKS DEPARTMENT 10300 TORRE AVENUE CUPERTINO, CALIFORNIA 95014 PROJECT MANUAL FOR THE 2019 CONTRACTUAL STREET SWEEPING SERVICES Bid Date: September 3, 2019 Project Number: Project No. 2019-101 ii PROJECT DIRECTORY Project Name: 2019 CONTRACTUAL STREET SWEEPING SERVICES Project Number: Project No. 2019-101 Location: City Wide City Representative: City of Cupertino Carl Valdez Public Works Department Service Center 10555 Mary Avenue Cupertino, CA 95014 PH: 408-777-3344 FX: 408-777-3399 e-mail: carlv@cupertino.org Address for Stop Notices: City of Cupertino Brad Alexander Public Works Department Service Center 10555 Mary Avenue Cupertino, CA 95014 PH: 408-777-3275 FX: 408-777-3399 e-mail: brada@cupertino.org iii TABLE OF CONTENTS Instructions to Bidders ................................................................................................................. 3 Bid Proposal ................................................................................................................................... 9 Bid Schedule ................................................................................................................................ 11 Subcontractor List ....................................................................................................................... 12 Noncollusion Declaration ........................................................................................................... 13 Bid Bond ....................................................................................................................................... 14 Bidder’s Questionnaire ............................................................................................................... 16 Contract ........................................................................................................................................ 21 Performance Bond ...................................................................................................................... 26 General Conditions ..................................................................................................................... 28 Article 1 – Definitions .................................................................................................................. 28 Definitions .................................................................................................................................. 28 Article 2 - Roles and Responsibilities ....................................................................................... 31 2.1 City ................................................................................................................................ 31 2.2 Contractor ...................................................................................................................... 31 2.3 Subcontractors .............................................................................................................. 34 2.4 Coordination of Work ..................................................................................................... 35 2.5 Submittals ...................................................................................................................... 35 2.6 Shop Drawings .............................................................................................................. 37 Article 3 - Contract Documents .................................................................................................. 37 3.1 Interpretation of Contract Documents ........................................................................... 37 3.2 Order of Precedence ..................................................................................................... 38 3.3 Caltrans Standard Specifications .................................................................................. 39 3.4 For Reference Only ....................................................................................................... 39 3.5 Current Versions ........................................................................................................... 39 3.6 Conformed Copies. ....................................................................................................... 39 Article 4 - Bonds, Indemnity, and Insurance ............................................................................ 40 4.1 Payment and Performance Bonds ................................................................................ 40 4.2 Indemnity ....................................................................................................................... 40 4.3 Insurance ....................................................................................................................... 40 Article 5 - Contract Time ............................................................................................................. 44 5.1 Time is of the Essence .................................................................................................. 44 5.2 Schedule Requirements ................................................................................................ 44 5.3 Delay and Extensions of Contract Time ........................................................................ 46 5.4 Liquidated Damages ..................................................................................................... 50 Article 6 - Contract Modification ................................................................................................ 50 6.1 Contract Modification. .................................................................................................... 50 6.2 Contractor Change Order Requests ............................................................................. 52 6.3 Adjustments to Contract Price ....................................................................................... 52 6.4 Unilateral Change Order ............................................................................................... 53 6.5 Non-Compliance Deemed Waiver ................................................................................. 53 Article 7 - General Construction Provisions ............................................................................. 53 7.1 Permits, Fees, Business License, and Taxes ............................................................... 53 7.2 Temporary Facilities ...................................................................................................... 54 7.3 Noninterference and Site-Management ........................................................................ 54 7.4 Signs .............................................................................................................................. 55 7.5 Project Site and Nearby Property Protections. ............................................................ 55 7.6 Materials and Equipment............................................................................................... 56 (G) Mined Materials. ............................................................................................................ 57 7.7 Substitutions .................................................................................................................. 58 7.8 Inspection and Testing .................................................................................................. 58 7.9 Project Site Conditions and Maintenance ..................................................................... 60 iv 7.10 Instructions and Manuals .............................................................................................. 61 7.11 As-built Drawings .......................................................................................................... 62 7.12 Existing Utilities ............................................................................................................. 62 7.13 Notice of Excavation ...................................................................................................... 63 7.14 Trenching and Excavations of Four Feet or More ......................................................... 63 7.15 Trenching of Five Feet or More ..................................................................................... 63 7.16 New Utility Connections ................................................................................................ 64 7.17 Lines and Grades. ......................................................................................................... 64 7.18 Historic or Archeological Items ...................................................................................... 64 7.19 Recycling and Waste Disposal. ..................................................................................... 64 7.20 Storm Water Pollution Control ....................................................................................... 65 7.21 Traffic Control and Public Safety ................................................................................... 74 7.22 Noise Control. ................................................................................................................ 75 7.23 Fire Protection Plan. ...................................................................................................... 75 Article 8 - Payment ...................................................................................................................... 76 8.1 Schedule of Values ....................................................................................................... 76 8.2 Progress Payments ....................................................................................................... 76 8.3 Adjustment of Payment Application .............................................................................. 76 8.4 Early Occupancy. .......................................................................................................... 77 8.5 Retention ....................................................................................................................... 77 8.6 Payment to Subcontractors and Suppliers .................................................................... 78 8.7 Final Payment ............................................................................................................... 78 8.8 Release of Claims ......................................................................................................... 79 8.9 Warranty of Title ............................................................................................................ 79 Article 9 - Labor Provisions ........................................................................................................ 79 9.1 Discrimination Prohibited............................................................................................... 79 9.2 Labor Code Requirements ............................................................................................ 79 9.3 Prevailing Wages .......................................................................................................... 79 9.4 Payroll Records ............................................................................................................. 80 9.5 Labor Compliance ......................................................................................................... 80 Article 10 - Safety Provisions ..................................................................................................... 80 10.1 Safety Precautions and Programs ................................................................................ 80 10.2 Hazardous Materials ..................................................................................................... 81 10.3 Material Safety .............................................................................................................. 81 10.4 Hazardous Condition ..................................................................................................... 82 Article 11 - Completion and Warranty Provisions .................................................................... 82 11.1 Final Completion ........................................................................................................... 82 11.2 Warranty ........................................................................................................................ 83 11.3 Use Prior to Final Completion ....................................................................................... 84 11.4 Substantial Completion ................................................................................................. 84 Article 12 - Dispute Resolution .................................................................................................. 84 12.1 Claims............................................................................................................................ 84 12.2 Claims Submission ........................................................................................................ 85 12.3 City’s Response ............................................................................................................ 87 12.4 Meet and Confer ............................................................................................................ 87 12.5 Mediation and Government Code Claims ..................................................................... 87 12.6 Tort Claims .................................................................................................................... 88 12.7 Arbitration ...................................................................................................................... 88 12.8 Burden of Proof and Limitations .................................................................................... 88 12.9 Legal Proceedings ......................................................................................................... 88 12.10 Other Disputes .............................................................................................................. 88 Article 13 - Suspension and Termination .................................................................................. 89 13.1 Suspension for Cause ................................................................................................... 89 13.2 Suspension for Convenience ........................................................................................ 89 13.3 Termination for Default .................................................................................................. 89 13.4 Termination for Convenience ........................................................................................ 90 v 13.5 91 Article 14 - Miscellaneous Provisions ....................................................................................... 92 14.1 Assignment of Unfair Business Practice Claims ........................................................... 92 14.2 Provisions Deemed Inserted ......................................................................................... 92 14.3 Waiver ........................................................................................................................... 92 14.4 Titles, Headings, and Groupings ................................................................................... 92 14.5 Statutory and Regulatory References ........................................................................... 92 SPECIAL CONDITIONS ............................................................................................................... 94 Section 1 – Definitions ................................................................................................................ 94 Definitions. ................................................................................................................................. 94 Section 2 – Locations .................................................................................................................. 94 Section 3 – Security Clearance, Bonds, and Insurance .......................................................... 94 Section 4 – SCOPE OF WORK .................................................................................................... 95 Section 5 - Labor Provisions ...................................................................................................... 95 Section 6 – Contractors Qualifications ..................................................................................... 96 Section 7 – Estimated Quantities ............................................................................................... 96 Section 8 – Explanation of Bid Items ........................................................................................ 96 Section 9 – Street Sweeping Requirements ............................................................................. 98 Section 10 – Equipment ............................................................................................................ 100 Section 11 – Callbacks .............................................................................................................. 101 Section 12 – Term of Contract .................................................................................................. 101 Section 13 – Items and Work Not Specifically Included in a Description ............................ 102 Section 14 – Public Convenience and Safety ......................................................................... 102 Section 15 – Questions ............................................................................................................. 102 Section 16 – Responsibility of Contractor .............................................................................. 102 Section 17 – Payment ................................................................................................................ 102 Section 19 – Federal Acts ......................................................................................................... 102 2019 CONTRACTUAL STREET SWEEPING SERVICES INSTRUCTIONS TO BIDDERS Project No. 2019-101 Page 3 Instructions to Bidders Each Bid Proposal submitted to the City of Cupertino (“City”) for its 2019 CONTRACTUAL STREET SWEEPING SERVICES (“Project”), Project No. 2019-101, 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 Bid Envelope. The envelope containing the sealed Bid Proposal and all required forms and attachments must be clearly labeled and addressed as follows: BID PROPOSAL: 2019 CONTRACTUAL STREET SWEEPING SERVICES Project No. 2019-101 City Clerk’s Office Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 Attn: Carl Valdez The envelope must also be clearly labeled, as follows, with the bidder’s name, address, for bidding on public works contracts (Labor Code sections 1725.5 and 1771.1): [Contractor company name] [street address] [city, state, zip code] 1.3 DIR Registration. This section is not applicable due to the Contractor not being required to pay prevailing wages, therefor no DIR registration is required for this project. 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 2019 CONTRACTUAL STREET SWEEPING SERVICES INSTRUCTIONS TO BIDDERS Project No. 2019-101 Page 4 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 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 a performance bond in the penal sum of four months total contract value of Contractor's Bid as accepted, to guarantee faithful performance of the Work; 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 2019 CONTRACTUAL STREET SWEEPING SERVICES INSTRUCTIONS TO BIDDERS Project No. 2019-101 Page 5 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 m ust be submitted within 2 working days following a request by City. A bid submitted by a bidder that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non- responsible. 8. Pre-Bid Investigation 8.1 General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documents and documents provided “For Reference Only,” which may include geotechnical reports, as-built or record drawings, utility diagrams, or other such information. Each bidder is also responsible for appropriate examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid Proposal. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to the public at large, bidders may not enter City’s property or the Project site without prior written authorization from City, and subject to the site investigation requirements set forth below. Bidders are responsible for reporting any errors or omissions in the Contract Documents to City prior to submitting a Bid Proposal, subject to the limitations of Public Contract Code section 1104. 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 uti lity owners. 2019 CONTRACTUAL STREET SWEEPING SERVICES INSTRUCTIONS TO BIDDERS Project No. 2019-101 Page 6 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 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 Carl Valdez, Service Center Superintendent at carlv@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 receiv ed 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, to receive this form place an RFI. All data substantiating the proposed substitute as an equal item must be submitted with the wri tten 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 2019 CONTRACTUAL STREET SWEEPING SERVICES INSTRUCTIONS TO BIDDERS Project No. 2019-101 Page 7 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 at 10555 Mary Avenue, Cupertino, CA 95014, Attn: Carl Valdez, or via email at carlv@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: 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. 2019 CONTRACTUAL STREET SWEEPING SERVICES INSTRUCTIONS TO BIDDERS Project No. 2019-101 Page 8 14.6 Exclusive Remedy. The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings. 14.7 Right to Award. City reserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit, to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to Proceed with the W ork notwithstanding any pending or continuing challenge to its determination. 15. Reservation of Rights. To the full extent permitted by law, City reserves the 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 the performance bond as specified in the Contract Documents using the bond form included in the Contract Documents, within ten days following City’s issuance of the Notice of Award. 17. License(s). Part of this section is not applicable due to the Contractor not being required to have a contractor’s state license, the Contractor is required to have a City Business License as listed. 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 Bidder’s Name: ___________________________ 2019 CONTRACTUAL STREET SWEEPING SERVICES BID PROPOSAL Project No. 2019-101 Page 9 Bid Proposal 2019 CONTRACTUAL STREET SWEEPING SERVICES Project No. 2019-101 <______________________________________________________> (“Bidder”) hereby submits this Bid Proposal to the City of Cupertino (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced therein. 1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead for the following price (“Base Bid”): $ _______________________________________________________. 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda: Addendum: Date Received: Addendum: Date Received: #01 _____________ #04 _____________ #02 _____________ #05 _____________ #03 _____________ #06 _____________ 3. Bidder’s Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following: 3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code section 1104. 3.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location. 3.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the work to be performed in accordance with the Contract Documents and within the Contract time. 3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid. All statements and information provided in this Bid Proposal and enclosures are true and correct to the best of Bidder’s knowledge. 3.5 Nondiscrimination. In preparing this Bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status. 3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), Bidder’s Name: ___________________________ 2019 CONTRACTUAL STREET SWEEPING SERVICES BID PROPOSAL Project No. 2019-101 Page 10 as a person engaging in investment activities in Iran, a s defined in the Act, or is otherwise expressly exempt under the Act. 4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded the Contract for the Project, within ten days following issuance of the Notice of Award to Bidder, Bidder will do all of the following: 4.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents; 4.2 Submit Required Bonds. Submit to City a performance bond, for the penal sum of four (4) months total contract value of the Contractor’s Bid, using the bond form provided and in accordance with the requirements of the Contract; and 4.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents. 5. Bid Security. As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms (check one): ____ A cashier’s check or certified check payable to City and issued by _______________________________ [Bank name] in the amount of $____________________________. ____ A bid bond, using the Bid Bond form included with the Contract Documents, payable to City and executed by a surety licensed to do business in the State of California. This Bid Proposal is hereby submitted on _________________________, 20__. _________________________________________ Bidder Business Name Signature Name/Title (If Corporation: Chairman, President or Vice President) _______________________________________ Date Signature Name/Title (If Corporation: Secretary, Assistant Secretary, Chief Financial Officer or Assistant Treasurer) _____________________________________ ______________________________________ Address Phone _____________________________________ ______________________________________ City, State, Zip Contact Name/Title _____________________________________ ______________________________________ Contact Phone Contact Email END OF BID PROPOSAL Bidder’s Name: ___________________________ 2019 CONTRACTUAL STREET SWEEPING SERVICES BID SCHEDULE Project No. 2019-101 Page 11 Bid Schedule This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal Form. LS = Lump Sum EA = Each LF = Linear Foot CM = Curb Mile HR = Hour SF = Square Feet LB = Pounds TON = Ton (2000 lbs) AL = Allowance BID ITEM NO. ITEM DESCRIPTION EST. QTY. UNIT UNIT COST EXTENDED TOTAL AMOUNT 1 Residential/Commercial Sweeping 1 LS $ $ 2 Foothill Boulevard Street Sweeping 36.5 CM $ $ 3 Scheduled Extra Work Street Sweeping 45 CM $ $ 4 Emergency Street Sweeping 2 HR $ $ 5 Class IV (“Protected Bike Lanes”) 16 CM $ $ TOTAL BASE BID: Items 1 through 5 inclusive: $ Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form. BIDDER NAME: END OF BID SCHEDULE Bidder’s Name: ___________________________ 2019 CONTRACTUAL STREET SWEEPING SERVICES SUBCONTRACTOR LIST Project No. 2019-101 Page 12 Subcontractor List For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Contract Price,1 the bidder must list a description of the W ork, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. Bidder may not list more than one Subcontractor for each such portion of the Work listed by Bidder below. DESCRIPTION OF WORK SUBCONTRACTOR NAME CALIFORNIA CONTRACTOR LICENSE NO. LOCATION OF BUSINESS DIR REG. NO. PERCENT OF WORK END OF SUBCONTRACTOR LIST 1 For street or highway construction this requirement applies to any subcontract of $10,000 or more. Bidder’s Name: ___________________________ 2019 CONTRACTUAL STREET SWEEPING SERVICES NONCOLLUSION DECLARATION Project No. 2019-101 Page 13 Noncollusion Declaration TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the __________________________ [title] of _____________________________________ [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code section 7106 and Title 23 U.S.C section 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________________________ [city], _______ [state]. s/________________________________________ __________________________________________ Name [print] END OF NONCOLLUSION DECLARATION 2019 CONTRACTUAL STREET SWEEPING SERVICES BID BOND Project No. 2019-101 Page 14 Bid Bond ________________________________________________________ (“Bidder”) has submitted a bid, dated ___________________________, 20______ (“Bid”), to City of Cupertino (“City”) for work on the 2019 CONTRACTUAL STREET SWEEPING SERVICES (“Project”). Under this duly executed bid bond (“Bid Bond”), Bidder as Principal and ______________________________, its surety (“Surety”), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the “Bond Sum”). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows: 1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid. 2. Submittals. Within ten days following issuance of the Notice of Award to Bidder, Bidder must submit to City the following: 2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents (“Contract Documents”); 2.2 Payment Bond. Not Required A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents; 2.3 Performance Bond. A performance bond, for the penal sum of four (4) months total contract value of the Contractor’s Bid as accepted, as further specified in the Contract Documents,, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; and 2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents, and any other documents required by the Instructions to Bidders or Notice of Award. 3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for 90 days following award of the Contract or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code sections 2819 and 2845. [Signatures are on the following page.] 2019 CONTRACTUAL STREET SWEEPING SERVICES BID BOND Project No. 2019-101 Page 15 This Bid Bond is entered into and effective on ___________________, 20_____. SURETY: ________________________________________________________ Business Name s/ _______________________________________________________________ ________________________________________________________________ Name/Title Date: _____________________ (Acknowledgement with Notary Seal and Power of Attorney-In-Fact Certificate must be attached.) BIDDER: ________________________________________________________ Business Name s/ _______________________________________________________________ ________________________________________________________________ Name/Title Date: _____________________ END OF BID BOND 2019 CONTRACTUAL STREET SWEEPING SERVICES BIDDER’S QUESTIONNAIRE Project No. 2019-101 Page 16 Bidder’s Questionnaire 2019 CONTRACTUAL STREET SWEEPING SERVICES Within 2 working days following a request by the City of Cupertino (“City”), a bidder must submit to City a completed, signed Bidder’s Questionnaire using this form and including all required attachments. City may request the Questionnaire from one or more of the apparent low bidders following the bid opening, and may use the completed Questionnaire to evaluate a bidder’s qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire m ay be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid. Part 1: General Information Bidder’s Full Legal (Business) Name: _______________________________________________ (“Bidder”) Check One: ___ Corporation (State of incorporation____________________) ___ Partnership ___ Sole Proprietorship ___ Joint Venture of: __________________________________ * ___ Other: ___________________________________________ Main Office Address: _______________________________________________ ________________________________________________________________ and Phone: _______________________________________________________ ________________________________________________________________ Local Office Address and Phone: _____________________________________ ________________________________________________________________ Website address: __________________________________________________ Owner of Business: ________________________________________________ Contact Name and Tilte: _____________________________________________ Contact Phone and Email: ___________________________________________ Bidder’s California Contractor’s License Number(s): Not Required Bidder’s DIR Registration Number: Not Required_ Bidder’s Federal I.D. Number: ________________________________________ * If Bidder is a joint venture identify each member and the role of each member of the joint venture, and provide a completed Bidder’s Questionnaire for each member of the joint venture. 2019 CONTRACTUAL STREET SWEEPING SERVICES BIDDER’S QUESTIONNAIRE Project No. 2019-101 Page 17 Part 2: Bidder Experience 1. How many years has Bidder been in business under its present business name? ____ Years 2. Has Bidder completed projects similar in type and size to this Project ? _____ Yes _____ No 3. Has Bidder ever been disqualified from a bid on grounds that it is not responsible; or otherwise disqualified or disbarred from bidding under state or federal law? _____ Yes _____ No If yes, provide additional information on a separate sheet regarding the disqualification or disbarment, including the name and address of the agency or owner of the project, the type and size of the project, the reasons that Bidder was disqualified or disbarred, and the month and year in which the disqualification or disbarment occurred. 4. Has Bidder ever been terminated for cause, alleged default, or legal violation from a construction project, either as a general contractor or as a subcontractor? _____ Yes _____ No If yes, provide additional information on a separate sheet regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred. 5. Has Bidder’s contractor’s license(s) ever been revoked? N/A _____ Yes _____ No If yes, provide additional information on a separate sheet regarding each revocation, including the license classification and license number, the reason(s) the license was revoked, the date of revocation, and the date of reinstatement. 6. Has Bidder ever been fined or disbarred for failure to comply with state or federal prevailing wage requirements? _____ Yes _____ No If yes, provide additional information on a separate sheet regarding each fine or disbarment, including the reason(s) for the fine or disbarment, the agency that imposed the fine or disbarment, the date(s) of the fine or disbarment, and identify the project and project owner for which the Bidder was determined to be non-compliant with prevailing wage requirements. 7. Has Bidder ever been subject to civil or criminal penalties or other adverse action for violation(s) of health, safety or environmental laws or regulations? _____ Yes _____ No If yes, provide additional information on a separate sheet regarding each such violation, including the reason(s) for the determination against Bidder, the agency that determined Bidder to be in violation, the nature and date(s) of such penalty or other adverse action, and identify the project and project owner for which the Bidder was determined to be in violation of health, safety or environmental laws or regulations. 8. Has Bidder ever been fined or convicted for unlawful labor practices, including, but not limited to, employment of undocumented workers? _____ Yes _____ No 2019 CONTRACTUAL STREET SWEEPING SERVICES BIDDER’S QUESTIONNAIRE Project No. 2019-101 Page 18 If yes, provide additional information on a separate sheet regarding each such fine or conviction, including the nature and date(s) of the violation(s), the agency that determined Bidder to be in violation, and identify the project and project owner in relation to which the Bidder was fined or convicted of unlawful labor practices. 9. Provide information about Bidder’s past contract performed as a sweeping contractor as follows: Provide at least three contracts in the last five (5) years which are similar to this contract, including size if City for which the work was completed. 10. Use separate sheets to provide all of the following information for each project identified in response to the above three categories, under section 10: 10.1 Project name, location, and description; 10.2 Owner (name, address, email, and phone number); 10.4 Project manager (name, email, and phone number); 10.5 Scope of work performed; 10.6 Initial contract price and final contract price (including change orders); 10.7 Original scheduled completion date and actual date of completion; 10.9 Time extensions granted (number of days); 10.9 Number and amount of stop notices or mechanic’s liens filed; 10.10 Amount of any liquidated damages assessed against Bidder; and 10.11 Nature and resolution of any project-related claim, lawsuit, mediation, or arbitration involving Bidder. Part 3: Bonds and Insurance 1. Bidder’s current bonding capacity is: $__________. 2. Provide the following information regarding Bidder’s bond surety and bond agent: Surety’s Name: _______________________________________________ NAIC#: ______________________________________________________ Address: ____________________________________________________ Phone: _____________________ Surety’s A.M. Best Ratings for financial size and strength: _____________ Is surety an admitted surety in California? _____ Yes _____ No Bond agent name, address and phone: ____________________________________________________________ ____________________________________________________________ Percentage rate paid for payment, and performance bonds: ___% 2019 CONTRACTUAL STREET SWEEPING SERVICES BIDDER’S QUESTIONNAIRE Project No. 2019-101 Page 19 3. Provide the following information regarding Bidder’s insurance policies and insurers: Commercial General Liability: Insurer name, address and phone: ________________________________________ ____________________________________________________________________ NAIC#: ______________________________________________________________ Insurer A.M. Best’s rating for financial size and financial strength: ________________ Policy number and expiration date: ________________________________________ Coverage limits: $____________ per occurrence, and $_____________ aggregate Automobile Liability: Insurer name, address and phone: ________________________________________ ____________________________________________________________________ NAIC#: ______________________________________________________________ Insurer A.M. Best’s rating for financial size and financial strength: ________________ Policy number and expiration date: ________________________________________ Coverage limits: $____________ per occurrence, and $_____________ aggregate Workers’ Compensation: Insurer name, address and phone: ________________________________________ ____________________________________________________________________ NAIC#: ______________________________________________________________ Insurer A.M. Best’s rating for financial size and financial strength: ________________ Policy number and expiration date: ________________________________________ Coverage limits: $____________ per occurrence, and $_____________ aggregate Excess or Umbrella Liability: Insurer name, address and phone: ________________________________________ ____________________________________________________________________ NAIC#: ______________________________________________________________ Insurer A.M. Best’s rating for financial size and financial strength: ________________ Policy number and expiration date: ________________________________________ Coverage limits: $____________ per occurrence, and $_____________ aggregate 2019 CONTRACTUAL STREET SWEEPING SERVICES BIDDER’S QUESTIONNAIRE Project No. 2019-101 Page 20 Part 4: Verification In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this Bidder’s Questionnaire on behalf of the named Bidder, and that all responses and information set forth in this Bidder’s Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. City is hereby authorized to obtain a credit report(s) or conduct additional investigation to verify the information provided above or additional information that City deems relevant to its determination of whether Bidder is a “responsible bidder,” as that term is defined in Public Contract Code section 1103. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: ______________________________ Date: ________________ By: _______________________________________________________________ Name and Title END OF BIDDER’S QUESTIONNAIRE 2019 CONTRACTUAL STREET SWEEPING SERVICES CONTRACT Project No. 2019-101 Page 21 Contract This public works contract (“Contract”) is entered into by and between the City of Cupertino (“City”), a municipal corporation, and ______________________________________ (“Contractor”), for work on the 2019 CONTRACTUAL STREET SWEEPING SERVICES (“Project”), Project No. 2019-101. The parties agree as follows: 1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal and accompanying Bid Schedule, a copy of which is attached for convenience as Exhibit A, to perform the Work to construct the Project. On _____________, 20___, City authorized award of this Contract to Contractor for the amount set forth in Section 4 below. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the 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 Performance Bond; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Maps and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Award; 2.12 Notice to Proceed; 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. For the performance of the services described in the Contract Documents the City shall pay Contractor the sum of $ _________per month, less any deductions for work not performed and or liquidated damages payable upon submission by Contractor of an itemized billing: provided, however, that the total sum payable to Contractor shall not exceed $ _____________ per year. 5. Term. The term of this contract shall be five (5) years from the start date of the contract. The City shall retain the option to extend the term of the contract for an additional one (1) to five (5) years, for a possible total of ten years. The start date of this Contract shall be ____________. 2019 CONTRACTUAL STREET SWEEPING SERVICES CONTRACT Project No. 2019-101 Page 22 Any such renewal after the first five (5) years shall be accomplished by the City providing a written notice of renewal to the Contractor at least 180 days prior to expiration of the term. Any such renewal shall contain the same provisions as the original contract, including an increase or decrease in compensation paid to the Contractor. Any increase or decrease in the previous contract price shall be based on the annual percentage change in the Consumer Price Index (CPI) as of June of the year the adjustment is being made. The CPI shall be the San Francisco/Oakland/San Jose Consumer Price Index for all urban wage earners. There will be no CPI adjustment during the first one-year term of the agreement. At the end of the initial twelve months of the contract period, and each anniversary thereafter for the duration of the contract, the unit prices on the Schedule of Bid Prices will be increased or decreased in direct proportion to the increase or decrease in the Consumer Price Index (CPI). The most recent CPI for June San Francisco/Oakland/San Jose area for all urban wage earners shall be used. 6. Liquidated Damages. The Contractor shall pay liquidated damages to the City in the sum of One Thousand Dollars ($1,000.00) for each and every day that street sweeping: services are not completed on time and/ or streets are omitted. Omitted streets must be swept by the following working day. In case of breakdown by main sweeper, immediate service within one hour by a second sweeper is required to complete daily schedule. If down for more than one hour, liquidated damages will be assessed at the rate of One Hundred Dollars ($100.00) per hour for each hour above and beyond one hour and streets must be completed that day. 7. Labor Code Compliance. This section is not applicable due to the Contractor not being required to pay prevailing wages, therefor no DIR registration is required for this project 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.” 2019 CONTRACTUAL STREET SWEEPING SERVICES CONTRACT Project No. 2019-101 Page 23 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) 777-7603 Attn: Environmental Programs Email: EnvProgInvoices@cupertino.org Copy to: environmental@cupertino.org Contractor: Name:_____________________________________ Address:___________________________________ City/State/Zip:_______________________________ Phone:_____________________________________ Attn:_______________________________________ Email:______________________________________ Copy to:____________________________________ 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract. 2019 CONTRACTUAL STREET SWEEPING SERVICES CONTRACT Project No. 2019-101 Page 24 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.] 2019 CONTRACTUAL STREET SWEEPING SERVICES CONTRACT Project No. 2019-101 Page 25 The parties agree to this Contract as witnessed by the signatures below: CONTRACTOR ______________________________ CITY OF CUPERTINO <insert full name of Contractor above> A Municipal Corporation By By ___________________________ Name_______________________ Roger Lee Title Director of Public Works Date _______________________ Date ________________________ By Name_______________________ Title Date _______________________ APPROVED AS TO FORM: By ____________________________ Name__________________________ City Attorney Date___________________________ ATTEST: _____________________________ Grace Schmidt City Clerk Date____________________________ Contract Amount: _________________ P.O. No. ________________________ Account No. _____________________ END OF CONTRACT 2019 CONTRACTUAL STREET SWEEPING SERVICES PERFORMANCE BOND Project No. 2019-101 Page 26 Performance Bond The City of Cupertino (“City”) and __________________________ (“Contractor”) have entered into a contract, dated _________________, 20____ (“Contract”) for work on the 2019 CONTRACTUAL STREET SWEEPING SERVICES (“Project”), Project No. 2019-101. The Contract is incorporated by reference into this Performance Bond (“Bond”). 1. General. Under this Bond, Contractor as Principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________ to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, and Contractor has timely provided a warranty bond as required under the Contract. Surety’s obligations under this Bond will become null and void upon City’s acceptance of the Project, excluding any exceptions to acceptance, if any. Otherwise Surety’s obligation will remain in full force and effect until expiration of the one year warranty period under the Contract. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract Balance available to Surety for completion of the W ork under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or back charges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense ; or 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining W ork completed. 6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs. 2019 CONTRACTUAL STREET SWEEPING SERVICES PERFORMANCE BOND Project No. 2019-101 Page 27 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___. SURETY: ________________________________________________________ Business Name s/ _______________________________________________________________ ________________________________________________________________ Name/Title [print] (Acknowledgment with Notary Seal for Surety and Surety’s Power of Attorney must be attached.) CONTRACTOR: ___________________________________________________ Business Name s/ _______________________________________________________________ ________________________________________________________________ Name/Title Date: _____________________ s/ _______________________________________________________________ ________________________________________________________________ Name/Title Date: _____________________ END OF PERFORMANCE BOND 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 28 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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 29 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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 30 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; 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 31 d. Presidents’ Day, third Monday in February; e. Memorial Day, last Monday in May; f. Independence Day, July 4; g. Labor Day, first Monday in September; h. Veterans’ Day, November 11; i. Thanksgiving Day, as designated by the President; j. The Day following Thanksgiving Day; k. Christmas Day, December 25; l. City Closure, December 24, 26, 27,28,29,30 and 31: and m. Each day appointed by the Governor of California and formally recognized by the Santa Clara County Board of Supervisors as a day of mourning, thanksgiving, or special observance. Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging, 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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 32 (A) General. Contractor must provide all labor, materials, supplies equipment, services and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economical and efficient manner in the best interests of City, and with minimal inconvenience to the public. (B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichever is later, Contractor bears all risks of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism or theft. (C) Project Administration. Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents. Before starting the Work, Contractor must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative. (D) On-Site Superintendent. Contractor must, at all times during performance of the Work, provide a qualified and competent full-time superintendent acceptable to City, and assistants as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. The superintendent must have full authority to act and communicate on behalf of Contractor, and Contractor will be bound by the 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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 33 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 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 pro cedures, 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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 34 (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. (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 W ork. 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 35 (B) Contractual Obligations. Contractor must require each Subcontractor to comply with the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, including the generally applicable terms of the Contract Documents, and to likewise bind their subcontractors. Contractor will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for the Project, will be assigned to City.. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor. (C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to City, subject to the prior rights of any surety, but only if and to the extent that City accepts, in writing the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement. (D) Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under Public Contract Code 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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 36 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 elec tronically 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. (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). 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 37 2.6 Shop Drawings. When Shop Drawings are required by the Specifications or requested by the Engineer, they must be prepared according to best practices at Contractor’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary details. Unless otherwise specified by City, Shop Drawings must be provided to the Engineer for review and acceptance at least 30 days before the Work will be performed. If City requires changes, the corrected Shop Drawings must be resubmitted to the Engineer for review within the time specified by the Engineer. For all Project components requiring Shop Drawings, Contractor will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. Contractor is responsible for any errors or omissions in the Shop Drawings, shop fits and field corrections, any deviations from the Contract Documents, and for the results obtained by the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve Contractor of Contractor’s responsibility. 2.7 Access to Work. Contractor must afford prompt and safe access to any Worksite by City and its employees, agents, or consultants authorized by City; and upon request by City, Contractor must promptly arrange for City representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work. 2.8 Personnel. Contractor and its Subcontractors must employ only competent and skillful personnel to perform the Work. Contractor and its Subcontractor’s supervisors, security or safety personnel, and employees who have unescorted acces s 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 com pletion 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, 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 38 omission, or error in the Contract Documents, including the Plans or Specifications, Contractor must promptly submit a Request for Information to the Engineer and wait for a response from City before proceeding further with the related Work. The RFI must notify City of the issue and request clarification, interpretation or direction. The Engineer’s clarification, interpretation or direction will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining City’s response, Contractor will be responsible for any resulting costs, including the cost of correcting any incorrect or defective Work that results. Timely submission of a clear and complete RFI is essential to avoiding delay. Delay resulting from Contractor’s failure to submit a timely and complete RFI to the Engineer is Non-Excusable Delay. If Contractor believes that City’s response to an RFI justifies a change to the Contract Price or Contract Time, Contractor must perform the Work as directed, but may submit a timely Change Order request in accordance with the Contract Documents. (See Article 5 and 6.) (C) Figures and Dimensions. Figures control over scaled dimensions. (D) Technical or Trade Terms. Any terms that have well-known technical or trade meanings will be interpreted in accordance with those meanings, unless otherwise specifically defined in the Contract Documents. (E) Measurements. Contractor must verify all relevant measurements in the Contract Documents and at the Project site before ordering any material or performing any Work, and will be responsible for the correctness of those measurements, or for costs that could have been avoided by independently verifying measurements (F) 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; 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 39 (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 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 40 in PDF format. It is Contractor’s responsibility to ensure that all Subcontractors, including fabricators, are provided with the conformed set of the Contract Documents at Contractor’s sole expense. 3.7 Ownership. No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession. Article 4 - Bonds, Indemnity, and Insurance 4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 41 or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor’s or Subcontractor’s acts or omissions, including Contractor’s protected coverage, blanket contractual, products and completed operations, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be $4,000,000 which is twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds 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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 42 ☒ N/A if box checked (Project does not involve construction or improvements/installations to property). 6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. ☒ N/A if box checked (Project does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to the broader coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. City reserves the right to modify these insurance requirements based on Contractor’s prior experience, insurer, coverage, and considering the nature of the risk involved in the work and other circumstances. Contractor should discuss these requirements with its insurer and the designated Public Works Agency representative. Self-Insured Retentions. Self-insured retentions must be declared to and appro ved 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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 43 Builder’s Risk Contractor may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. Policy limits must be per occurrence and for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect in its sole discretion to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site. Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 44 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 microbia l matter, including mold. Article 5 - Contract Time 5.1 Time is of the Essence. Time is of the essence in Contractor’s performance and completion of the Work, and Contractor must diligently prosecute the Work and complete it within the Contract Time. (A) Notice to Proceed. Contractor must commence the Work on the date indicated in the Notice to Proceed, and must fully complete the Work in strict compliance with all requirements of the Contract Documents and within the Contract Time. The Notice to Proceed will not be issued until Contractor has executed and returned the Contract, the required bonds, insurance certificates and endorsements and any other submittals required prior to issuance of the Notice to Proceed, subject to City’s approval of all such documents. Contractor may not begin performing Work 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 W ork 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 45 by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed, Contractor must order any specialized material or equipment for the Work that is not readily available from material suppliers. Contractor must also retain documentation of the purchase orders date(s). (B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. Contractor is solely responsible for resolving any exceptions noted in a schedule and, within seven days, must correct the schedule to address the exceptions. City’s review or acceptance of Contractor’s schedules will not operate to waive or limit Contractor’s duty to complete the Project within the Contract Time, nor to waive or limit City’s right to assess liquidated damages for Contractor’s unexcused failure to do so. (C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, Contractor must submit an updated progress schedule and three-week look- ahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 46 assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time. (F) Posting. Contractor must at all times prominently post a copy of the most current City-accepted progress or recovery schedule in its on-site office. (G) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease Contractor’s time or cost to perform the Work. (H) Authorized Working Days and Times. Contractor is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge Contractor for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services. 5.3 Delay and Extensions of Contract Time. (A) Notice of Delay. If Contractor becomes aware of any actual or potential delay affecting the critical path, Contractor must promptly notify the Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay. (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; 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 47 (3) Contractor’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for completion of the Work within the Contract Time; (4) Foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to Contractor; (5) Contractor’s failure. refusal, or financial inability to perform the Work within the Contract Time, including insufficient funds to pay its Subcontractors or suppliers. (6) performance or non-performance by Contractor’s Subcontractors or suppliers; (7) the time required to respond to excessive RFIs (see Section 2.5(G)); (8) delayed submission of required submittals, or the time required for correction and resubmission of defective submittals; (9) time required for repair of, re-testing, or re-inspection of defective Work; (10) enforcement of Laws by City, or outside agencies with jurisdiction over the Work; or (11) City’s exercise or enforcement of any of its rights or Contractor’s duties pursuant to the Contract Documents, including correction of defective Work, extra inspections or testing due to non-compliance with Contract requirements, safety compliance, environmental compliance, or rejection and return of defective or deficient submittals. (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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 48 (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 (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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 49 complying with the requirements of this Article 5, the reques t must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate cost- efficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived. (1) Required Contents. The request must include a detailed description of the cause(s) of the delay, and must also describe the measures that Contractor has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include Contractor’s plan for continued mitigation of the delay or its effects. (2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed, or provide a realistic estimate if the duration of the delay is not yet known. If Contractor believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed, or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay. Contractor is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable d elay 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 W ork pending resolution of the dispute, but must continue to 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 50 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 cover the full amount of liquidated dam ages 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 51 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 Time or a change in Contract Price related to a City-directed change in the Work, Contractor must perform the Work as directed and may not delay its W ork or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. Likewise, in the event that City and Contractor dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute Extra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute, as directed by City. If Contractor refuses to perform the Work in dispute, City may, acting in its sole discretion, elect to delete the Work from the Contract and reduce the Contract Price accordingly, and self -perform the Work or direct that the Work be performed by others. Alternatively, City may elect to terminate the Contract for convenience or for cause. Contractor’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below. (C) Extra Work. City may direct Contractor to perform Extra Work related to the Project. Contractor must promptly perform any Extra Work as directed or authorized by City in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra W ork. Contractor must maintain detailed daily records that itemize the cost of each element of Extra Work , and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that Contractor performs Extra Work, or Work that Contractor contends is Extra Work, Contractor must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The Engineer will make any adjustments to Contractor’s Extra Work Report(s) based on the Engineer’s records of the W ork. When an Extra Work Report(s) is agreed on and signed by both City and Contractor, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day. (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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 52 other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct the cost from the Contract Price. 6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for a change in the Work, compensation for Extra Work, or a change in the Contract Price or Contract Time as a written Change Order request or proposal. (A) Time for Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Engineer within ten calendar days of the date that Contractor first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If City requests that Contractor propose the terms of a Change Order, unless otherwise specified in City’s request, Contractor must provide the Engineer with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving City’s request, in a form satisfactory to the Engineer. (B) Required Contents. Any Change Order request or proposal submitted by Contractor must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amounts and if applicable, Extra Work Reports. Any estimated cost must be updated in writing as soon as the actual amount is known. (C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions. Upon request, Contractor must permit City to inspect its original and unaltered bidding records, subcontract agreements, subcontract change orders, purchase orders, invoices, or receipts associated with the claimed costs. (D) Required Form. Contractor must use City’s form(s) for subm itting 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 53 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 (5) Increased bond or insurance premium costs computed at 1.5% of total of the previous four sums. 6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that Contractor has requested, the value of deleted or changed Work, what constitutes Extra Work, or quantities used, City may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time for the amount of compensation or added time that the City believes is merited. Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below. 6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to fully comply with the provisions of this Article. Contractor will not be paid for unauthorized Extra W ork. 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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 54 (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. (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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 55 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. (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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 56 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 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 57 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 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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 58 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. (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 W orksite, including at shops and yards as well as at the Project site, or at the plant of a manufacturer of materials or items to be incorporated into the Work. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten days prior to the first such application or installation. Contractor must, at all times, make the Work available for 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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 59 (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. (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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 60 (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 installat ions before proceeding with trenching or other operations which may cause damage, will maintain them in service where appropriate, and will repair any damage caused to them by the Work, at no increase in the Contract Price. (1) The Contractor may temporarily mark or paint the ground, pavement, sidewalk, or any other improvements, but must not do so in a public right-of-way or on the Site more than 30 days prior to the commencement of excavation work performed in connection with an installation. Any mark or paint must be removed from all surfaces, including any decorative work, within 30 days of the completion of the excavation work. The Contractor is responsible for any expense associated with damages caused by the Contractor’s mark or paint, including the removal thereof. (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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 61 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 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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 62 (A) Submittal Requirements. All manufacturers’ application or installation instructions must be provided to City at least ten days prior to the first such application. The instructions and manuals, along with any required guarantees, must be delivered to City for review. (B) Training. Contractor or its Subcontractors must train City’s personnel in the operation and maintenance of any complex equipment or systems as a condition precedent to Final Completion, if required in the Contract Documents. 7.11 As-built Drawings. Contractor and its Subcontractors must prepare and maintain at the Project site a detailed, complete and accurate as-built set of 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 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 identif ied 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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 63 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. (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 f or, 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 64 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 imm ediately notify the Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, a burial ground, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”). (B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85-foot radius of the find and may not resume until authorized in writing by City. If required by City, Contractor must assist in protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as Extra W ork on a time and materials basis under Article 6, Contract Modification. At City’s discretion, a suspension of Work required due to discovery of Historic or Archeological Items may be treated as Excusable Delay pursuant to Article 5, or as a suspension for convenience under Article 13. 7.19 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 65 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, 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 66 (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 (“Storm water 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 provisi ons 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 Po rter Cologne Water Quality Act. (E) Storm Water Pollution Prevention Plan Preparation. Contractor must incorporate the following BMPs, as applicable, into a site-specific Storm Water Pollution Prevention Plan (SWPPP) if required for this Project. The SWPPP must be approved by the Engineer prior to construction. (1) Non Hazardous Material/Waste Management. a. Contractor must designate areas of the Project site suitable for material delivery, storage, and waste collection that, to the maximum extent practicable, are near construction entrances and away from catch basins, gutters, drainage courses, and creeks. b. Contractor must store granular material at least 10 feet away from catch basin and curb returns. c. Contractor must prevent granular material to enter the storm drains or creeks. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 67 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 k eep the site and perimeter free from cigarette butts and other litter. h. Contractor must ensure that lids for trash receptacles are kept closed and that trash receptacles are maintained in a manner that prevents overflows. i. Contractor must maintain a clean and litter-free area around all trash receptacles on the site. j. Contractor will not use water to flush down streets in place of street sweeping or other dry methods of spill cleanup such as applying absorbent, sweeping up material and disposing it in a waste bin. k. In addition to Contractor’s obligation to recycle materials pursuant to Section 7.19 of the General Conditions, Contractor must, to the maximum extent practicable, reuse or recycle any useful construction materials generated during the Project. l. Contractor must inspect any waste and recycling receptacles for leaks, and must contact the City’s trash hauling franchisee to immediately replace or repair any leaking receptacles. m. Contractor will not discharge water on-site as a result of cleaning recycling or trash receptacles. n. Contractor must arrange for regular waste collection before receptacles overflow, and must adjust the frequency of service or the receptacle size as needed to ensure that overflows do not occur. (2) Hazardous Material/Waste Management. a. Contractor must label and store all hazardous materials including but not limited to pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, including but not limited to waste oil and antifreeze; in accordance with the City’s Hazardous Materials Storage Ordinance and all applicable state and federal regulations. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 68 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. 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 cleani ng equipment, or equivalent methods. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 69 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. 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 70 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. (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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 71 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. (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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 72 (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. (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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 73 (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. (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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 74 (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 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, 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 75 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; (D) Notification to authorities of any fire; (E) Fire equipment access during performance of the Work and after hours; 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 76 (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 listed below. Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 77 (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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 78 (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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 79 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 pursua nt 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 80 the Labor Code. The prevailing wage rates are on file with the City and available online at http://www.dir.ca.gov/dlsr. Contractor must post a copy of the applicable prevailing rates at the Project site. (A) Penalties. Pursuant to Labor Code 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 81 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 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, an d 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 82 Project site and/or used in the performance of the Work. Contractor must notify the Engineer if a specified product or material cannot be used safely. (B) Labeling. Contractor must ensure proper labeling on any material brought onto the Project site so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal. 10.4 Hazardous Condition. Contractor is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition exists or is created, Contractor must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances. Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Project site condition, the method of construction, or the way any Work must be performed. 10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or property at or adjacent to any Worksite, Contractor must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the City if, under the circumstances, there is inadequate time to seek prior authorization from the City. Article 11 - Completion and Warranty Provisions 11.1 Final Completion. (A) Final Inspection and Punch List. When the Work required by this Contract is fully performed, Contractor must provide wr itten 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 83 close out, the City may elect, acting in its sole discretion, to accept the Project as complete subject to exceptions for punch list items that are not completed within the time specified in the punch list. (D) Final Payment and Release of Retention. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If Contractor fails to complete all of the punch list items within the specified time, City may withhold up to 150% of City’s estimated cost to complete each of the remaining items from Final Payment and may use the withheld retention to pay for the costs to self- perform the outstanding items or to retain a third party to complete any such outstanding punch list item. 11.2 Warranty. (A) General. Contractor warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. Contractor warrants that materials or items incorporated into the Work comply with the requirements and standards in the Contract Documents, including compliance with Laws, and that any Hazardous Materials encountered or used were handled as required by Laws. At City’s request, Contractor must furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance. (B) Warranty Period. Contractor’s warranty must guarantee its Work for a period of one year from the date of 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 W arranty Period, Contractor or its responsible Subcontractor must promptly correct the defective Work at its own cost. Contractor’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the W arranty Period as to any defects in Work for which Contractor was notified prior to expiration of the W arranty Period. 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 84 circumstances, Contractor expressly agrees that City may correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse City for its costs within 30 days following City’s submission of a demand(s) for payment pursuant to this provision. If City is required to initiate legal action to compel Contractor’s compliance with this provision, and City is the prevailing party in such action, Contractor and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce Contractor’s warranty obligations herein in addition to any and all costs City incurs to correct the defective Work. (G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, Contractor expressly agrees that City may immediately correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor or its surety must reimburse City for its costs within 30 days following City’s submission of a demand(s) for payment pursuant to this provision. If City is required to initiate legal action to compel Contractor’s compliance with this provision, and City is the prevailing party in such action, Contractor and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 85 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 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, Contract or 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 disput e. (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, 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 86 separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim: a. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position; b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, RFIs, calculations, and schedule analysis (see subsection (A), Substantiation, above); c. A chronology of relevant events; and d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested. (4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, Contractor must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts. (5) Include the following certification, executed by Contractor’s authorized representative: “The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. Contractor warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived. 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 87 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 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 88 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. (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 cap ital 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 89 disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article 13. Article 13 - Suspension and Termination 13.1 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct W ork 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 adjustm ent 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 W ork 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 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 90 determines that the default is curable, City will afford Contractor the opportunity to cure the default within ten days of City’s notice of default, or within a period of time reasonably necessary for such cure, including a shorter period of time if applicable. (C) Termination. If Contractor fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the notice of default, City may issue written notice to Contractor and its performance bond surety of City’s termination of the Contract for default. (D) Waiver. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond within seven calendar days from the date of the notice of termination pursuant to paragraph (C), City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination, where “additional cost” means all cost in excess of the cost City would have incurred if Contactor had timely completed Work without the default and termination. In addition, City will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on City property for the purposes of completing the remaining Work (E) Compensation. Within 30 days of receipt of updated as-builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to City of all equipment and materials for the Project for which Contractor has already been compensated, Contractor will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold or deduct sums from payment otherwise due pursuant to Section 8.3, and excluding any costs Contractor incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If Contractor disputes the amount of compensation determined by City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of the total compensation to be paid by City. (F) Wrongful Termination. If Contractor disputes the termination, its sole recourse is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and Contractor’s damages will be strictly limited to the compensation provided for termination for 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: 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 91 (1) Completed Work. The value of its Work satisfactorily performed as of the date notice of termination is received, based on Contractor’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work; (2) Demobilization. Demobilization costs specified in the schedule of values, or if demobilizations cost were not provided in a schedule of values pursuant to Section 8.1, then based on actual, reasonable, and fully documented demobilization costs; and (3) Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date. (B) Disputes. If Contractor disputes the amount of compensation determined by City pursuant to paragraph (A), above, its sole recourse is to comply with the Claim procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of total compensation to be paid by City. 13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part. (A) General. Upon termination City may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. Contractor will transfer title to and deliver all completed Work and all Work in progress to City. (B) Submittals. Unless otherwise specified in the notice of termination, Contractor must immediately submit to City all designs, drawings, as -built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, including incomplete documents or drafts. (C) Close Out Requirements. Except as otherwise specified in the notice of termination, Contractor must comply with all of the following: (1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with City’s instructions for cessation of labor and securing the Project and any other Worksite(s). (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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 92 (5) As directed in the notice, Contractor must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to City. (D) Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination, Contractor will submit its request for Final Payment, including any amounts due following termination pursuant to this Article 13. Payment will be made in accordance to the provisions of Article 8, based on the portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing, including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by Contractor; payments received for sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as otherwise specified in Section 8.3, Adjustment of Payment Application. (E) Continuing Obligations. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date. Article 14 - Miscellaneous Provisions 14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code 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. 2019 CONTRACTUAL STREET SWEEPING SERVICES GENERAL CONDITIONS Project No. 2019-101 Page 93 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 2019 CONTRACTUAL STREET SWEEPING SERVICES SPECIAL CONDITIONS Project No. 2019-101 Page 94 SPECIAL CONDITIONS Section 1 – Definitions Definitions. In instances where these contract documents refer to “Construction,” when applicable, the intent is for contract document language to imply “Street Sweeping”. 1.1 Basic Street Sweeping Services Basic Street Sweeping Services shall be defined as the work required to mechanically sweep, hand sweep or vacuum all city streets (residential & commercial) excluding any additions, deletions or extra work. 1.2 Street The paved area between the normal curb line of a roadway, whether an actual curb exists or not. 1.3 Curb Mile Curb Mile shall be defined as the distance the sweeper machine travels with an effective sweeping width of eight (8) feet from either the curb face or edge of pavement. 1.4 Adverse Weather Sweeping is not to occur during measurable rain events or other weather events that adversely affect the efficiency of street sweeping operations. The Street Supervisor s hall be the only person to decide when weather conditions are too adverse to sweep. 1.5 Scheduled Extra Work Work outside of Residential/Commercial Street Sweeping Services that may be included, but are not limited to, seasonal heavy leaf fall, correcting damages due to accidents, vandalism, acts of God, spillage, sandblasting, paving preparation, and undesignated special events, which may require sweeping services during the year. 1.6 Emergency Extra Work Emergency Extra Work is defined as work outside of Residential/Commercial Street Sweeping Services that requires immediate response. Emergency Extra Work items may include but are not limited to correcting damages due to accidents, vandalism, acts of God, spillage, sandblasting, paving preparation, and undesignated special events, which may require sweeping services during the year, in an emergency timeframe. 1.7 Holidays The City shall provide a list of official holidays each year in December for the following year’s holidays. No sweeping will be done on holidays when the City of Cupertino is closed. No payment for street sweeping services will occur for holidays. No makeup days will be made for holidays. Section 2 – Locations The project is located on all City streets currently owned and maintained by the City of Cupertino, County of Santa Clara. Section 3 – Security Clearance, Bonds, and Insurance 3.1 Security Clearance. 1. All personnel assigned to work in the City of Cupertino must have successfully passed a background check by the City prior to performing any work. 2. At least two (2) weeks prior (needed to allow completion of a security background clearance check) to an employee being assigned to work, they must provide one (1) a valid California identification and (2) finger prints to be taken by Santa Clara County Sheriff. No employee who fails the security clearance shall be admitted on City property. 2019 CONTRACTUAL STREET SWEEPING SERVICES SPECIAL CONDITIONS Project No. 2019-101 Page 95 3.2 Contractor's Bonds. 1. Filing of Bonds a. At or before the date indicated in the Instructions to Bidders, Contractor shall file with City the following bonds: i. Corporate surety bond, in the form of Performance Bond, in the penal sum of four months total contract value of Contractor's Bid as accepted, to guarantee faithful performance of the Work; and ii. The Faithful Performance bond shall be reduced by one hundred percent (100%) at the recording of the Notice of Completion. iii. No Payment Bond is required for this contract. Section 4 – SCOPE OF WORK 4.1 Work to be done. The Work to be done consists of street sweeping of all City streets in accordance with this Contract Documents. Where the specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of first class quality are to be used. 4.2 Disposal of Materials. 1. As part of the scope of Work included within the Contract Sum, Contractor shall have the option to dispose of non-hazardous material resulting from the Work at the City of Cupertino Service Yard located at 10555 Mary Avenue. 2. If contractor elects not to dispose of material at the Service Yard all waste materials shall be disposed of at sites to be chosen by Contractor in accordance with all applicable local, state, and federal regulations and laws. 3. During heavy leaf fall times, contractor will be allowed to dump at a City selected site other than the Service Yard. At these times, the City will provide at no cost to the contractor roll off bins that will be loaded periodically by City personnel. 4.3 Servicing of equipment. Contractor may not use the Service Yard to make major repairs of sweeping equipment. Minor repairs of limited duration and switch out of brooms are permitted. 4.4 Order of Work. Contractor is required to follow the established days of sweeping indicated in the contract documents. Section 5 - Labor Provisions 5.1 Prevailing Wages. In accordance with provisions of Section 1773 of the Labor Code, the Director of the California Department of Industrial Relations has determined that street sweeping services of routine recurring or usual nature, is excluded from prevailing wage requirements. The Contractor shall keep fully informed of all existing and future State an d Federal laws and City ordinances and regulations, which in any manner affect those engaged or employed in the work. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code 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 Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. Therefore no DIR registration is required. 5.2 Hours of Labor and Work. 2019 CONTRACTUAL STREET SWEEPING SERVICES SPECIAL CONDITIONS Project No. 2019-101 Page 96 1. This contract is expected to begin on November 1, 2019 and sweeping will commence on this same date. 2. The Contractor shall diligently perform the work and said work shall be completed on the specified days and at the specified times, excluding holidays. 3. Eight hours' labor constitutes a legal day's work. Contractor shall forfeit as a penalty to City, $25 for each worker employed in the execution of the Contract by Contractor or by any subcontractor for each day during which such worker is required or permitted to labor more than 8 hours in violation of Labor Code Sections 1810 to 1815, inclusive, except as provided for under Labor Code Section 1815. 4. Residential sweeping shall be between 7:30 a.m. and 3:30 p.m. on the days shown on the map, Commercial sweeping shall be between 10:00 p.m. and 5:00 a.m. on Thursday evening, unless otherwise authorized by the City. Some residential streets are posted with the time restrictions for sweeping. The Contractor must comply with these restrictions. 5. The Cupertino Municipal Code, Chapter 10.48, Community Noise Control applies to this contract. 5.3 Liquidated Damages 1. The Contractor shall pay liquidated damages to the City of Cupertino in the sum of One Thousand Dollars ($1,000.00) for each and every day that street sweeping services are not completed on time and/or streets are omitted. Omitted streets must be swept by the following working day. 2. In case of breakdown by main sweeper, immediate service within one hour by a second sweeper is required to complete daily schedule. If down for more than one hour, liquidated damages will be assessed at the rate of One Hundred Dollars ($100.00) per hour for each hour above and beyond one hour and streets must be completed that day. 3. The amount of liquidated damage shall be deducted by the City from monies due from the Contractor, or the Contractor's assigned successors, and sureties shall be liable to the City for any excess. 5.4 Weekly Progress Meeting. City will schedule and administer weekly progress meetings throughout the first month of sweeping services, or as needed to determine compliance with these contract documents. Section 6 – Contractors Qualifications The Contractor bidding on this project must have at least three years of experience providing street sweeping services, preferably for a City comparable to Cupertino in size. Section 7 – Estimated Quantities Item Description Est. Qty. per Month Unit 1 Residential/Commercial Street Sweeping 1 Lump Sum 2 Foothill Boulevard Street Sweeping 36.5 Curb Mile 3 Scheduled Extra Work Street Sweeping 45 Curb Mile 4 Emergency Street Sweeping 2 Hour 5 Class IV (“Protected Bike Lanes”) 16 Curb Mile Section 8 – Explanation of Bid Items The price bid per unit measure of work shall include all costs of labor, e quipment, incidentals, overhead costs and direct expenses and materials necessary for maintenance to satisfactorily complete street sweeping services in accordance with these Contract documents. 2019 CONTRACTUAL STREET SWEEPING SERVICES SPECIAL CONDITIONS Project No. 2019-101 Page 97 Any item shown on the details or described in these provisions and not specifically listed as a bid item shall be considered as included in the various bid items and no special compensation will be allowed. BID ITEM NO. 1 - RESIDENTIAL/COMMERCIAL STREET SWEEPING (LS) This unit price bid item shall include all cost for labor, equipment and materials for sweeping residential/commercial streets as specified in the contract documents and as shown on the “Residential Street Sweeping Map”. The monthly lump sum to sweep 696 miles of City streets for this bid item shall include but not necessarily be limited to the following. 8.1 The Contractor shall sweep each resident ial street 2 times per month, except in the case of adverse weather conditions as determined by the Street Supervisor. (Approximately 534 curb miles per month) • Residential sweeping shall be between 7:30 a.m. and 3:30 p.m. • Attachment A, "Residential Street Sweeping Map -Areas A through H", specifies the established areas and curb miles per area for all City residential streets. o Some residential streets are posted with specific time requirements for street sweeping. The Contractor must comply with these rest rictions as indicated in Attachment B, "Residential Street Sweeping Time Requirements". o Stevens Canyon Road from Ricardo Road to City limit sign is not included in this contract. o Attachment A, "Residential Street Sweeping Map - Areas A through H” indicates the areas and respective miles per each area. The miles given are estimates and the 534 curb miles per month are approximate. • Sweeping shall include both outside gutter area, or if no gutter, up to the edge of pavement, and minor median dividers. • Specific areas such as some cul-de-sacs or other hard to reach areas may require hand sweeping of the comers or have situations where debris must be vacuumed into the sweeper. 8.2 The Contractor shall sweep commercial streets including median islands 4 times per month (approx. 162 curb miles per month). It is anticipated that additional curb miles of commercial streets will require sweeping of a greater frequency during seasonal heavy leaf fall events. For these events, the Street Supervisor shall authorize additi onal street sweeping to be compensated under Bid Item No. 3, Scheduled Extra Work Street Sweeping. • Commercial sweeping shall be between 10:00 p.m. and 5:00 a.m. on Thursday evening, unless otherwise authorized by the Street Supervisor (Attachment B). • Commercial sweeping includes the sweeping of all shoulders and medians located on all bridges or overpasses located in the City. Sweeping frequency shall be as specified for the respective sweeping area. • Sweeping shall include both outside gutter area (approxim ately 116 miles per month) and median curb (approximately 46 miles per month) areas unless otherwise specified. 8.3 No payment for street sweeping services will occur during adverse weather for either residential or commercial street sweeping. The lump sum monthly amount submitted in Bid Item No. 1 will be divided by the 696 miles (street curb miles to be swept monthly) to determine the cost per mile swept. The curb miles within the area not swept during adverse weather will be multiplied by the cost per mile swept to determine the amount to be deducted from the lump sum monthly amount submitted in Bid Item No. 1. 2019 CONTRACTUAL STREET SWEEPING SERVICES SPECIAL CONDITIONS Project No. 2019-101 Page 98 8.4 The City reserves the right to add or delete curb miles and to increase or reduce the sweeping frequency called for in these Special Conditions. The lump sum monthly amount submitted in Bid Item No. 1 will be divided by the 696 miles (street curb miles to be swept monthly) to determine the cost per mile swept. Added or deleted curb miles will be multiplied by the cost per mile swept to determine the amount to be added or deducted from the lump sum monthly amount submitted in Bid Item No. 1. The cost per curb mile for additions or deletions will dictate the maximum increase that will be allowed for additional miles and/or for additional frequenc y. That amount will also dictate the minimum reduction in monthly cost for deletion of curb miles and/or decrease in sweeping frequency. BID ITEM NO. 2-FOOTHILL BOULEVARD STREET SWEEPING (CURB MILE) This unit price bid item shall include all cost for labor, equipment and materials for sweeping Foothill Blvd. from McClellan Road to Cristo Rey Drive as specified in the contract documents. Sweeping on Foothill Blvd. is to be completed on Monday, Wednesday & Thursday each week during the established commercial hours. Sweeping to include edge of pavement and median curbs. Compensation will be per curb mile swept. There are approximately 2.8 miles of curbs, including median curbs that are included in this bid item. BID ITEM NO. 3 -SCHEDULED EXTRA WORK STREET SWEEPING (CURB MILE) This unit price bid item shall include all cost for labor, equipment and materials for scheduled extra work sweeping of streets as specified in the contract documents. The Contractor may be required to sweep certain areas at times and during months other than stated and specified in these Special Conditions. Scheduled extra work shall be completed within 48 hours of notice by the City unless otherwise agreed. Compensation will be per curb mile swept or $500, whichever is greater, per scheduled extra work event. • Contractor shall sweep the rear Service Center lot once per month on the first week of the month. • The City reserves the right to add to or delete this bid item in its entirety w ithout additional compensation due to the contractor. BID ITEM NO. 4-EMERGENCY STREET SWEEPING (HOURLY) This unit price bid item shall include all cost for labor, equipment and materials for sweeping streets when deemed an emergency, to the specifications of these Special Conditions. Contractor response for this bid item shall be within 2 hours or less. Compensation will be hourly, with the City paying a minimum two (2) hour callout period. • The City reserves the right to add to or delete this bid item in its entirety without additional compensation due to the contractor. BID ITEM NO. 5-CLASS IV (“PROTECTED”) BIKE LANES (CURB MILE) This unit price bid item shall include all cost for labor, equipment and materials for sweeping Class IV (“Protected”) bike lanes on streets as specified in the contract documents. • The City will be installing Class IV (“protected”) bike lanes throughout the City. A chart, sketch, and map of proposed locations is attached to this document. • Year 1 of this contract will include approximately 16 curb miles of Class IV bike lanes to be swept 2-4 times monthly. Eventually, there will be approximately 80 curb miles of Class IV bike lanes during this contract period. • Each bike lane will vary in width from 5’ – 7’, and may have limited access. • The City reserves the right to add to or delete this bid item in its entirety without additional compensation due to the contractor. Section 9 – Street Sweeping Requirements 9.1 The Contractor will clean all streets, at the frequency specified in these Special Conditions, currently owned and maintained by the City. 2019 CONTRACTUAL STREET SWEEPING SERVICES SPECIAL CONDITIONS Project No. 2019-101 Page 99 9.2 Sweeping of streets listed shall be accomplished in accordance with the routes and schedules in effect currently. Routes and sweeping schedules shall not be modified without prior written approval by Street Supervisor. 9.3 The Contractor will not be required to return to sweep an area previously blocked by parked vehicles. 9.4 Contractor is required to coordinate with City Code Enforcement at 408-777-3182 regarding any schedule changes affecting time restricted streets. 9.5 The sweeper operator must check in and out daily with the Street Supervisor and confirm the area to be swept and to notify of completion. 9.6 The Contractor must have a supervisor or foreman available for communication at all times to direct operations. 9.7 The sweeper operator is required to carry/monitor/and use a City provided radio in order to timely notify the Street Supervisor of breakdowns or problems in an area of sweeping. The Contractor will be responsible for any damage to this portable radio. Use of cell phone (at the Contractor’s expense) may be acceptable. 9.8 The Contractor must timely respond to all complaints registered with the City on a daily basis. 9.9 The Contractor shall operate the sweepers between four and five miles per hour when sweeping, unless it can be proven, to the satisfaction of the Street Supervisor that the sweeper can operate at a higher speed and still operate efficiently. 9.10 If items such as large stones, tree limbs, wood, cables and other materials too large to be picked up are found, these locations shall be reported to the City Service Center at 408 - 777-3269. 9.11 The Contractor shall submit a Monthly Sweeping Log for each area swept to the City by the first 15th of the following month. The log shall include daily starting and ending odometer readings, cubic yards of material collected and type of sweeper used. A separate log shall also be used for any additional work items performed. A monthly statement template form or an acceptable proposed form will be provided and approved, respectively, and may be modified at any time at the discretion of the City pursuant to the National Pollutant Discharge Elimination System Bay Area Municipal Regional Permit regulations and requirements. 9.12 The Contractor shall utilize adequate amounts of water to conduct street sweeping services. No dry sweeping shall be allowed unless authorized by the City. Water for dust control must be metered. Contractor is responsible for obtaining water meter(s) from either/both California Water Company and/or San Jose Water Company. Compensation for the required separate payment for water shall be considered as included in the scope of work for basic sweeping service, and no separate payment will be made. 9.13 All deposits of dirt, rock, glass, cans, leaves, sticks, papers, or any like materials within the areas to be swept, per the terms of this Contract, and of a size which can be practically removed by "PM-10 Certified" sweeper shall be removed and disposed of in a manner and at a location approved by the City. The Contractor may dump all debris at City of Cupertino Service Center located at 10555 Mary Avenue. As noted in these Special Conditions, an additional disposal area will be established and maintained by t he City during seasonal leaf fall events. Contractor to ensure debris piles are contained. Contractor is not required to load debris into bins. 9.14 During the heavy leaf fall season, typically November 1 thru December 31, two additional sweepings will occur. An additional dedicated sweeper (s) is required for this sweeping. A list of streets is attached. These additional sweepings shall occur on opposite weeks of regularly scheduled sweepings, but on the same day of the week as scheduled sweeping occurs. The Contractor may use a mechanical or vacuum sweeper first, and then followed by a "PM-10 Certified" sweeper during heavy leaf build up as required by the Street Supervisor. Three general areas in the City experience heavy seasonal leaf fall. These areas include: 2019 CONTRACTUAL STREET SWEEPING SERVICES SPECIAL CONDITIONS Project No. 2019-101 Page 100 • The "Rancho Rinconada" area of the City approximately bounded by Tantau Avenue on the west, Sterling Boulevard on the east, Bollinger Road on the south and Stevens Creek Boulevard on the north. • The "East Estates" area of the City approximately bounded by Blaney Avenue on the west, Miller Avenue on the east, Bollinger Road on the south and Stevens Creek Boulevard on the north. • The "Valco" area of the City approximately bounded by Wolfe Road on the west, Tantau Avenue on the east, Stevens Creek Boulevard on the south and Homestead Road on the north. These three areas and other streets adjacent to these areas will have one (1) separate leaf disposal area established by the City within approximately one mile of these boundaries. The disposal area will consist of roll off bins maintained by the City. N o other City support is provided for the collection of leaves. Other localized areas of seasonal heavy leaf fall occur within the City. These other locations are to have street sweepings disposed of at the Service Center located at 10555 Mary Avenue. Contractor must, at the onset and throughout heavy leaf fall events, provide all sweeper trucks necessary to effectively sweep all City streets free of leaves and any other specified debris per the established sweeping schedule. No additional payment will be due to the contractor for the addition of needed sweepers to meet this requirement. 9.15 The Contractor will provide fuel and maintenance for all vehicles and for equipment. 9.16 The City will reserve the right to accompany the driver to inspect sweeper opera tion at any time. Section 10 – Equipment The equipment to be used to complete the sweeping must conform to the following requirements: 10.1 The Contractor must have proof of ownership, or a signed lease for the duration of the contract. 10.2 Sweeper equipment must be properly registered, licensed and insured in accordance with California State Motor Vehicle Laws and a copy must be left at the Service Center. Equipment must conform to all federal, state and local safety regulations. 10.3 Sweeper equipment must be in conformance for the duration of this contract with all State, Federal and Bay Area Air Quality Management requirements. 10.4 All sweeper equipment must not be over seven five (5) years old at the time of bid and for the duration of the Contract, unless approved by the Director of Public Works or his/her designee. 10.5 Sweeper equipment must be in excellent working condition and kept that way throughout the life of the Contract. The outside body must be free from dents and large scratches. Paint must be well maintained. Regularly inspect machines for leaks and repair immediately. Sweepers must be able to consistently meet the schedule requirements for the entire City 10.6 All sweeper equipment shall be subject to the approval of the City. All sweepi ng equipment shall have appropriate safety markings consisting of highway lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with the State Vehicle Code and approved by the City. 10.7 Sweepers must be "PM-10 Certified," as defined in the South Coast Air Quality Management District (SCAQMD) Rule 1186, based on their ability to pick up and capture small dust particles (PM-10 indicates particles of 10 microns or smaller). Contractor may use mechanical, regenerative a ir or vacuum sweeper meeting this specification. The contractor may use a non-"PM-10 Certified" sweeper to facilitate Fall leave collection. 10.8 Sweeper equipment must be equipped with an efficient water spray system for dust control and the spray system must be maintained in good operating condition at all times. 2019 CONTRACTUAL STREET SWEEPING SERVICES SPECIAL CONDITIONS Project No. 2019-101 Page 101 10.9 All street sweepers shall be equipped with automatic vehicle location device (Geographic Positioning System (GPS)) and management system that will report all street sweeping activity to the City and to the contractor in real time. The system must be internet-based, compatible and accessible with existing Service Center computer hardware, and allow City staff to monitor real time progress and provide monthly report capacity for each street sweeper. Reports are to indicate date and time of service, vehicle speed, engagement of sweeping mechanism, mileage and route. 10.10 The use of a steel plate on the sweeper wheel to prevent tire scuffing against the curb will not be permitted. 10.11 It is desired that the contractor provide sweeper equipment with the ability to dump directly into either a roll off debris bin or truck of minimum 84" height. 10.12 A sufficient supply of spare brooms and other parts for sweeper equipment shall be kept readily available to ensure the timely and continuous fulfillment of this Contract. 10.13 Sweeper equipment must be equipped with dual gutter brooms not shorter than 7" and main broom not shorter than 8" capable of sweeping at minimum a n 8 foot path, or a vacuum sweeper that is approved by the Street Supervisor 10.14 All required sweeper equipment maintenance, parts and fuel necessary to complete this Contract is to be solely provided by and at the expense of the Contractor. 10.15 All major mechanical problems must be corrected at a location other than the Service Yard or City street. 10.16 The Contractor shall display a City provided logo on each side and back of the sweeper at all times during the sweeping of City streets. 10.17 Before sweeping equipment is used on extra work, Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to City, in duplicate, a description of the equipment and its identifying number. Section 11 – Callbacks Whenever, in the opinion of the City, a section of street is inadequately swept, the Contractor shall, within 24 hours after notification, re-sweep the section in question and may, at the discretion of that City, forfeit as a penalty of One Hundred Dollars ($100.00) for eac h time a street is inadequately swept. No additional payment will be made for callbacks as a result of inadequate sweeping. Section 12 – Term of Contract The term of this contract shall be five (5) years from the start date of the contract. The City shall retain the option to extend the term of the contract for an additional one (1) to five (5) years, for a possible total of ten years. Contractor performance will be documented weekly by the Street Supervisor, with deficiencies communicated to the Contractor. An annual review of contractor performance will be completed by March 31st of each year. Satisfactory performance will be achieved if annual liquidated damages are less than $5,000, annual callbacks are less than $1,000 and annual weekly sweeper log statement assessments are less than $200. Any such renewal after the first five (5) years shall be accomplished by the City providing a written notice of renewal to the Contractor at least 180 days prior to expiration of the term. Any such renewal shall contain the same provisions as the original contract, including an increase or decrease in compensation paid to the Contractor. Any increase or decrease in the previous contract price shall be based on the annual percentage change in the Consumer Price Index (CPI) as of June of the year the adjustment is being made. The CPI shall be the San Francisco/Oakland/San Jose Consumer Price Index for all urban wage earners. There will be no CPI adjustment during the first one-year term of the agreement. At the end of the initial twelve months of the contract period, and each anniversary thereafter for the duration of the contract, the unit prices on the Schedule of Bid Prices will be increased or decreased in direct proportion to the increase or decrease in the Consumer Price Index (CPI). The 2019 CONTRACTUAL STREET SWEEPING SERVICES SPECIAL CONDITIONS Project No. 2019-101 Page 102 most recent CPI for June San Francisco/Oakland/San Jose area for all urban wage earners shall be used. The City shall have the authority to suspend this contract, wholly or in part, for such period as is deemed necessary due to unfavorable conditions or to the failure on the part of the Contractor to perform any provisions of this contract. Section 13 – Items and Work Not Specifically Included in a Description It is specifically pointed out that any and all items and/or work called for on the details and/or specifications, and not included in a description or a specific bid item, shall be included by the bidder in one (1) or more of the bid items and no special compensation will be allowed. This includes, but is not limited to, such items as flagmen, and the providing of all safety requirements or work and materials required to provide public convenience and public safety, utility coordination, barricades, lights, pedestrian walkways, damage to private property, etc. Prior to beginning any extra work for the project the Contractor is required to have a signed authorization form from the City. A foreman, lead worker and/or designated street sweeper operator must be on the job at all times while work is being perf ormed, and must be able to speak and read English sufficiently to comprehend required instructions. Section 14 – Public Convenience and Safety The Contractor shall conduct their operations so as to cause the least possible obstruction and inconvenience to public. All traffic shall be permitted to pass through the work area. The maximum working speed of the sweepers shall be between four and five miles per hour, unless it can be proven, to the satisfaction of the Street Supervisor that the sweeper can operate at a higher speed and still operate efficiently. Section 15 – Questions Any questions regarding these plans and specifications should be directed to City of Cupertino, Service Center Superintendent, Carl Valdez, 408-777-3344. Section 16 – Responsibility of Contractor The City assumes no responsibility whatsoever for loss or damage of equipment owned or operated by the Contractor, his agents or employees. Section 17 – Payment The Contractor shall provide the City an itemized billing by the 15th of the month for services performed in the prior month. The Contractor shall deduct for work not performed and or liquidated damages. Section 19 – Federal Acts 19.1 Clean Air Act. If the Contract is for an amount in excess of $150,000, Contractor and each Subcontractor must comply with the requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401-7671q), which are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and 2019 CONTRACTUAL STREET SWEEPING SERVICES SPECIAL CONDITIONS Project No. 2019-101 Page 103 the applicable Regional Office for the Environmental Protection Agency. Contractor and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000. 19.2 Federal Water Pollution Control Act. If the Contract is for an amount in excess of $150,000, the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251- 1387) apply to this Contract and are fully incorporated into the Contract Documents by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency requirements for reporting violations. Contractor and Subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000. 19.3 Procurement of Recovered Materials. The requirements of § 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962, apply to this Contract and are fully incorporated into the Contract Documents by this reference. For individual purchases of $10,000 or more, Contractor will make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (A) competitively within the Contract schedule, (B) in conformance with Contract performance requirements, or (C) at a reasonable price. Information on this requirement, including a list of EPA-designated items, is available at the EPA’s Comprehensive Procurement Guidelines website: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. END OF SPECIAL CONDITIONS E2ND & 4THMONDAY G2ND & 4THWEDNESDAY F2ND & 4TH TUESDAY E2ND & 4TH MONDAY F2ND &4THTUESDAY D1ST & 3RDTHURSDAY C1ST & 3RDWEDNESDAY A1ST & 3RDMONDAY B2ND & 4THTHURSDAY G2ND & 4THWEDNESDAY H1ST & 3RDTUESDAY PR U N E RIDGE A V E VISTA DR A R BORETUM DR ORANGE AVE G I A N NINI DR ALDERBROOK L N MERRITT DR HIL LSDALE AVE LORNE WAY WHEATON DR J O H NSON AVE LAZANEO DR PA RI S H PL SCENIC B L VD CASTINE AVE M ARIA LN PHAR LAP D R HYAN N I S P ORT DR CUPERTINO RD FINCH AVE R AE LN TI P TOE LN ALCALDE RD CHIALA LN H U B B ARD AVE TILSO N AVE LA MAR DR PERIM ETER RD VISTA DR RANDY L N TERRACE DR FARALLONE DR SHELLY DR SCOFIE LD DR HARLAN D R RODRI G U E S AVE E R I N WAY BARNHART AVE JOHN DR AL P I N E D R RICHWOO D D R KIRW IN LN CLIFFO R D DR DRAK E D RC A N Y O N O A K W A Y FARGO DR BONNY DR BYRNE AV E WINDSOR ST G A S C O IG NE DR F E S T I V A L D R ANSWO R T H DR C ELES T E CIR IMPE RIAL AVE VALL EY G R E EN DR LARK L N VALLCO PKWY F A L LENLEAF LN KA MS A C K DR RAIN B O W DR BARK LN BLUE HILL DR O A K V A L L E Y R D CRAIG D R RANDY LN B E LVEDE R E LN 2 8 0 FWY RAMP MARY A V E RED W OOD D R STE R L I N G B LVD VI A ES P L E N D O R C RIS TO R E Y DR LIN NET LN SCE NIC C IR SANTA TERESA DR COLUMBUS AVE HERON AVE CRE S T O N D R POPPY WAY D E O D A R A D R K E N T W O O D AVE STAFFO R D D R N O V E M B E R D R WILKINSON AVE STOK E S A V E I NFINITE L OO P H YDE AVE P O R TO L A RD STEVENS CREEK BLVD BOLLINGER RD P R O SPECT RD BLANEY AVE DE ANZA BLVD FOOTHILL BLVD DE ANZA BLVD STELLING RD MCCLELLAN RD MILLER AVE MILLER A V E BUBB RD B U B B R D STELLING RD STEL L I N G R DREGNART R D WOLFE RD TANTAU AVE S T E V E N S C A N Y ON R D Area SCHEDULE CURB MILES A 1ST & 3RD MONDAY OF THE MONTH 28 B 2ND & 4TH THURSDAY OF THE MONTH 49 C 1ST & 3RD WEDNESDAY OF THE MONTH 30 D 1ST & 3RD THURSDAY OF THE MONTH 30 E 2ND & 4TH MONDAY OF THE MONTH 30 F 2ND & 4TH THUESDAY OF THE MONTH 31 G 2ND & 4TH WEDNESDAY OF THE MONTH 29 H 1ST & 3RD TUESDAY OF THE MONTH 40 TOTAL CURB MILES 267 SWEEP TWICE A MONTH RESIDENTIAL SCHEDULE STEVENS CREEKRESERVOIR ST85 CARMEN RD STONEHEAVEN D R PALM AVE VOSS AVE VIAMADER O S SANTA LUCIA RD ENGLISH OAK WA Y UPLAND W A Y CHACEDR PUMP K I N DR LOCKWOOD DR BAXTER AVE AMUL E T D R METE O R D R PHAR LAPDR HYANNISPORT DR KIMBERLY DR SANJUA NRD RAELN ALCALDE RD GRANADA AVE AL MADEN AVE COLUMBUS AVE STA R L I NG DR PRESIDIO DR SILVER O A K WAY ROSARIO AVE TERRACE DR L I N D A VISTA D R M ILFORD DR CASTLETON ST FRIARS L N P AYETTE AVE M O N ROVIA ST CLARKSTON AVE ALPIN E D R MADRONECT CALGARY DR W I S T ARIA L N FIR L N PALO VISTA RD VISTA KN OLL BLV D C A N Y O N O A K WAY HIBISCUS DR F I R LN B A R RANCADR SHATTU CK DR ALCAZAR AVE MEDINA LN RAINBOW D R OLIVE AVE S A N T A C L A R A AVE BYRNE AVE B EECH WOODLN RANCHOVENTURA ST CUPERTINO RD CRISTOREYDR MERRIMAN RD ELM CT WINDIMER DR WRIGHT AVE MIRA VISTA AVE DEXTER DR L O C KH AVE NDR B ANFF DR MILLARD LN MONTE CT MANZANITA CT JUNIPE R C T PASADENA AVE IMPERIAL AVE CASS PL SANTA PAULA AVE STEVENS PL OAKVIEW LN NOONANCT SHANNON CT CORD O V A RD FLINTSHIRE ST S E R R A S T F L O R E NCEDR POCAT E L L O A V E RUCKER DR MARSHALL CT HOLLY OAK DR VIACA M I N O CT MIRAMONTE RD MIMOS A C T VI A E S CAL E R A RUMFORD DR SAN LEANDRO AVE IM PE RIAL AVE ST ANDREWS AVE B A H L S T LOCKWOOD DR MARYAVE WOODBURY DR KARAMEOS D R PRADO VISTA RD CAMINO VISTA DR ASP EN D R CANY O N V I E W C I R RI CAR D O RD SEQUOIA DR HARTMAN DR LIN D YPL PINECRES TDR LOMITA AVE HERMOSA AVE DOLORES AVE M E RC E D E S RD STO N Y DAL E D R N O E L A V E VAI AVE BELLEVILLE WAY W ALLACE DR CED A R PL MADERA D R MERRIMAN RD BALBOAR D SAMEDRA ST S MARY AVE O A K VA L LEY R D M IRA VISTA RD S B E R N A R D OAVE 280 FWY RAMP STEVENSCREEKBLVD STAFFORDD R JANICE AVE AIN SWOR TH DR YORKSHIRED R R E D W OOD DR M A R Y A V E MARY AVE REGNARTRD V I A HUERTA MAXINE AVE CRES C E NT R D P E N I N S U L A A V E L I N D Y L N SCEN IC C I R SANTA TERESA DR H E N E Y C R E E K P L S Y C A M O RED R C R E ST O NDR CR E S T O N DR LAURENTIAN WAY C R A N B E R R Y D R DEODARA D R D E O D A R A DR ANSON AVE WRIGHT AVEVINEYARDDR PALOSVERDES D R HAMM O NDWAY AL H AMBRA AVE SCENIC BLVD WILKINSON AVE STOKESAVE LINDA VISTA DR WOODRIDGE CT H I L L CR E S T R D KR Z I C H PL BLACKOA K WAY K A MSACK DR DRYDEN AVE N O V E M B E R D R AV E NIDALN PENINSULARAVE EDWARD WAY L A PALOMA DR STEVENSC A N Y O N R D M ONTEBELLORD ADRIANA AVE M C C L E L L A N R D STEVENS CREEK BLVD BUBB RD STEVE N SCANYONRD RAINBOW DR FOOTHILL BLVD BUBB RD B U B B R D N F O O T H I L L B L V D S T E V E N S CREEK BLVD N F O O THILL BLVD HOMESTEAD RD GRANT RD 2ND &4THMONDAY 1ST & 3R DTUESDAY 2ND & 4TH WEDNESDAY 2ND & 4THWEDNESDAY 2ND & 4TH TUESDAY 2ND & 4THTUESDAY 2ND &4THMONDAY Time Specific Swee pings 1-2:30 P M 10-11 :30 A M 9-10 :30 A M 9-11:30 AM0 0.50.25 Miles ´ RESIDENTAL SCHEDULE Area Schedul e Curb Mi lesA1ST & 3RD MONDAY OF THE MONTH 28B2ND & 4TH THURSDAY OF THE MONTH 49C1ST & 3RD WEDNESDAY OF THE MONTH 30D1ST & 3RD THURSDAY OF THE MONTH 30E2ND & 4TH MONDAY OF THE MONTH 30F2ND & 4TH TUESDAY OF THE MONTH 31G2ND & 4TH WEDNESDAY OF THE MONTH 29H1ST & 3RD TUESDAY OF THE MONTH 40267COMMERCIAL SWEEPING TWICE A MONTH 43 Total Curb Miles STREET SWEEPING SCHEDULE FOUR TI MES A MONT H Do cu ment Path: R:\Sta ndard Maps\StreetSweepingSchedu leMapBook\Stree tSweepingSchedule11x17 _West.mxd Da te Printed : 11/1 6/16CITY OF CUPERTINOSTREET SWEEPING SCHEDULE 2-,280 ST85 RICHWOOD DR BLUE JAY DR VISTA DR GARDENS I D E L N TULA LN W O OD LA R K W AY WEYBUR N LN CLAREN DON ST ALDERBROOK LN CYPRESS DR LU CILLE AVE MERRITT DR BEAUCHA M P S L N PARK CIRCLE W BOLLINGER RD ORO GRANDE PL REGNART R D PEPPER TREE LN ANN ARBOR AVE ALVES DR TERRY WAY MCGREGOR WAY WH EATON DR HOLLYHEAD LN AUBURN DR P U M P K I N D R MERRITT DR PROS P E C T RD JO LLYM AN LN RO LLINGDELL DR R O B I NDE LL WAY CASTINE AVE NEW BRUNSWICK AVE FOREST AVE GREENLEAF DR SHATTUCK DR GRANADA AVE M E T E O R D R EDSEL DR R AINBO W D R HYA NNIS PORT DR KIM BERLY D R CANARY DR PARNELL PL WES T H ILL LN TIPTO E LN RODRIG UES AVE EDMONTON A V E T U S C AN Y P L DANBURY D R BARNH ART PL ALMAD EN AVE BIXBY DR CHIALA LN PRICE AVE PEAR TRE E L N SOMERSET DR G AR DEN A DR PARADISED R OAK VIL L E A V E LA MAR DR SCO FIELD DR SUN RISE DR APPLE TREE LN BRENT D R A M U L E T D R ARLINGTON LN PRESIDIO DR FLORA VISTA AVE VISTA DR PLUM TREE LN CLIFDEN W AY LA R OD A DR LOCKSUNART WAY ROSAR IO AVE RAN DY LN TERRACE DR PEACH TREE LN PEACH BLOSSOM DR MILFORD DR LOND ON DE RRY DR PAC IFICA D R SHELLY DR CHERYL D R ORION LN JOHN DR CASTLETON ST DEVO N W AY BURNETT D R M O N ROVIA ST W RIVERSIDE WAY WATERF ORD D R COLONY H ILLS LN CLARKSTON AVE ERIN WAY NOR MANDY WAY HEATH ERWO OD DR SUISUN DR ROSE GARDEN LN WHEATON DR G REE N LE A F DR SELKIRK PL CEDAR TREE LN CALGARY DR MELVINDR K I RW IN LN PACIFIC A DR SQUIREWOOD WAY LINDENBROOK LN DER BYSH IR E DR LILA C WAY KIM S T BELKNAP DR FAR G O DR VIA VICO WHITNEY WAY BON NY D R GA RD EN GATE DR FELTON WAY DUN BA R DR VIA RONCOLE BILICH PL GREENLEAF DR ALCAZAR AVE GRANAD A AV E HAZELBRO OK DR FOLKESTONE DR LOMITA AVE RAINB O W DR CRAIG CT OLIVE AVE HALE PL WESTERN DR ALLEY S A N T A C L A R A AVE GLENCOE DR GLENCOE DR H AN FORD DR HALL CT F I E S T A L N KODIAK CT WALLIN C T ELM CT S O L A ST MELL O PL WRIGHT AVE W ILD F L O WE R WAY A U G U S T L N FESTIVAL D R CORONADO DR ANTON WAY M AN IT A CT CORVETTEDR BERL AN D CT M ILLARD LN ESQUIRE PL MONTE CT RUCKER DR PA RLE TT PL M INER PL M ART INWOO D WAY E D D I N G T O N PL IMPERIAL AVE BYRN E CT DEXT ER D R VALLEY G R E E N DR LARK LN D E FOE DR CHARSAN LN OAK VIE W LN N O O N AN CT SHANNON CT KALISPE L L CT CAROL LEE DR ACADIA CT COLDHARBORAVE ELENDA DR FLINTSHIRE ST M OLTZ EN DR WEYMOTH DR BLUE JAY DR DEODARA DR POCAT E L L O A V E WE STMOOR WAY FORT BAKER DR SQUIREHILL CT TERRA BELLA D R HOLLY OAK D R FALLENLEAF LN LIVER P OO L W AY CRAIG DR L E E D S AVE MANITOBA DR K ITCHENERDR ONTARIO DR SHETLANDPL LA GRANDE D R I MP ERIAL AVE GALLI DR LEWISTONDR GILLICKWA Y MARYAVE STEEPLE C HASE LN STAUFFERL N RAN DY LN KARAMEOS DR RA M P A R T A V E BARK LN SAICH WAY DOLOR ES AVE BLAZINGWOOD A V E SAN FERNANDO AVE DENISON AVE LO MITA AVE TONITA WAY HER MOSA AVE DA VIS O N A V E LONNA LN JO HN WAY LA NSDA LEAVE LO UISE DR BARK LN PRUNE TREE LN CHERRY TREE LN AVO NDALE ST GOLDEN GAT E DR BETLIN AVE D E LA FARGE DR L A C HI N E DR HO LLANDERRY PL SAMED RA ST CRESTLINED R S MARY AVE JACQUELINEWAY D A R T M OOR WAY K E N NEWICK DR KINTYRE WA Y N O E L A V E RUMFORD DR BUCKTHORNE WAY ST A NFORD PL NEWC AS TLE D R NORW ICH AVE PHYLLIS AVE G RENOLA D R VAI AVE SILVERADO AVE LA CO NNER DR PI N E V IL L E AVE AVO NDALE ST HUNTERSTON PL ORANGE BLOSSOM DR LARRY WAY RANDY LN PERI MET E R R D BEARDON DR KINGSBU R Y PL GLENVIEW AVE YOR KSHIR E D R S BLANEY AVE M A R Y A V E E L M S F O R D D R SHARON DR WESTACRES D R UPLA N D W A Y COLUMBUS AVE LINNET LN S PORTAL AVE P E N I N S U L A A V E AL H AMBRA AVE CHRISTENSEN DR LIN D Y L N CLAY ST WESTLYNN W AY S E P T E M B E R D R SANTA TERESA DR W R I V ERSIDE W AY SC O TLA N D D R ROSE BLOSSOM DR HERONAVE BETTE AVE POPPY WAY FARALLO NE DR LAURENTIAN WAY C R A N B E R R Y D R D E M P S T E R A V E PRIMROSE WAY WINDSOR WAY KE NT W O O D AVE B AY WOO D DR VICKSBURGDR ANSON AVE ARLINGTONLN WRIGHT AVE S T A F F O R D D R A S T E R L N JAMES TOWN DR COTTONWOODDR N O V E M B E R D R DRAKE DR PALOSVERDES DR LANCERDR WILKINSON AVE STOKESAVE WIND SOR ST CREEKL INE DR RODRIGUES A V E MYER PL FO RGEW AY BANFF DR BROOKWEL L D R LILY A V E BANDLE Y DR BA N D L E Y DR KA M S ACKDR KRZ I C H PL L A U RETTA DR DUMAS DR FRANCO CT D ON E G A L D R W ESTATES DR M I L K Y W A Y EDWARD WAY CYNTHIALN N O R A N D A DR MARIAL N CALAB AZASCRE E K CIR BROOKV A L E D R BELVEDER E L N ADRIANA AVE BOLLINGER RD P R O S P E CT RD S BLANEYAVE RAINBOW DR MCCLELLAN RD BOL LI NGER RD BUBB RD S STELLING R D S S T E L L I N G R D S STELLING RD N BLANEY AVE BUBB RD B U B B R D S STELLING RD N BLANEY AVE N STELLING RD STEVENS CREEK BLVD PROSPECT RD N STELLING RD HOLLENBECK AVE N STELLING RD N DE ANZA BLVD HOMESTEAD RD S DE ANZA BLVD STEVENS CREEK BLVD S DE ANZA BLVD S DE ANZA BLVD N DE ANZA BLVD S DE ANZA BLVD STEVENS CREEK BLVDSTEVENS CREEK BLVD 2ND & 4TH T HU RSD AY1ST & 3 RDWEDNESDAY 1ST & 3R DMONDAY 1ST & 3RD TUESDAY 2ND & 4TH W E DNE SDAY 2ND & 4TH WEDNE SD AY 2ND & 4T HTUESDAY 2ND & 4T HTUESDAY 2ND & 4TH MONDAY 2ND & 4T HMONDAY 1ST & 3R DTHURSDAY Time Specific Sweepi ngs 1-2 :30 PM 10-11:30 AM 9-10:30 AM 9-11:30 AM0 0.50.25 Miles ´ RESIDENTAL SCHEDULE Area Schedule Curb MilesA1ST & 3RD MONDAY OF THE MONTH 28B2ND & 4TH THURSDAY OF THE MONTH 49C1ST & 3RD WEDNESDAY OF THE MONTH 30D1ST & 3RD THURSDAY OF THE MONTH 30E2ND & 4TH MONDAY OF THE MONTH 30F2ND & 4TH TUESDAY OF THE MONTH 31G2ND & 4TH WEDNESDAY OF THE MONTH 29H1ST & 3RD TUESDAY OF THE MONTH 40267COMMERCIAL SWEEPING TWICE A MONTH 43 Total Curb Miles STREET SWEEPING SCHEDULE FOUR TIMES A MONT H Docum ent Pat h: R:\Standar dMaps\StreetS weepingScheduleMapB ook\Street Sw e eping S chedule11x17_Central.mxd D ate Pr inte d: 12/13 /17CITY OF CUPE RTINOSTREET SWEEPING SCHEDULE BLUE JAY DR VISTA DR G I A N N I N I D R GIANNINIDR WEYBURN LN TUGGLE AVE CLARENDON ST ALDERBROOK LN CYPRESS DR LUCILLE AVE MERRITT DR QUAIL AVE HILLSDALE AVE LA HERRAN DR LORNE WAY CARLYSLE AVE EESTATES DR MEADOW AVE WHEATONDR AUBURN DR JOHNSON AVE MORENGODR MERRITT DR LOCKSUNART WAY LANGPORT DR FOREST AVE JOHNSON AVE ATHERWOOD AVE RAINBOW DR RODRIGUES AVE DE SOTO AVE S U L L I V A N DR FINCH AVE CANARY DR SCOFIELD DR PARNELL PL DANBURYDR PENDERGAST AVE BIXBY DR CHIALA LN PRICE AVE PEAR TREE LN MEIGGS LN SOMERSET DR HUBBARDAVE TILSON AVEOAKVILLEAVE LA MAR DR HILLSDALE AVE LA SALLE AVE MONTCLAIR DRAPPLE TREE LN CANDLEWOOD DR KIMBERLY ST WUNDERLICHDR BRENT D R ARLINGTON LN VISTA DR PLUM TREE LN CLIFDEN W AY ANCOCK DR RANDY LN PEACH TREE LN LONDONDERRY DR PACIFICA DR CALVERT DR JOHN DR OAKTREEDR MORETTI DR WHITEOAK DR W RIVERSIDE WAY HARLAN DR EDSEL DR CALLE DE BARCELONA SHADYGROVE DR BARNHART AVE RANDOLPH AVE JOHN DR NEWSOMAVE SUISUN DR GALLI CT RICHWOOD DR TOMPKINS DR WHEATON DR SWALLOW DR SELKIRK PL CULBERTSONDR CEDAR TREE LN MELVINDR PACIFICA DR LINDENBROOK LN NEWSOM AVE GREENOAK DR VIA VICO WHITNEY WAY MURIEL LN ANNE LN RIEDEL PL BILICH PL LOWELL D R TWIG LN MINETTE D R MY R T L E W O O D DR ALLEY HUNTINGTON DR HALL CT JOHANSENDR MILLER AVE CODY CT STENDHAL LN LAMBETH CT RUNO C T MEL LO PL KILLDEER CT L OR EE AVE TWILIGHT CT CORONADO DR KIRWIN LN NARCISO CT CORVETTEDR RALYA CT PARLETT PL STARRETT CT MINER PL HUNTER WAY MASONWAY M A RIANI DR LARK LN ALVES DR CAROL LEE DR DAWSON DR COLDHARBORAVE CRABTRE E AVE BALDWIN DR SORENSO N AV E BLUE JAY DR DEODARA DR M A C K ENZIE DR WESTMOOR WAY VALLEYGREEN DR LA CONNER DR KINTYR E WAY CARVER DR LIVERPOOL WAY LINDSAYAVE BUCKTHORNE WAY MAGELLAN AVE SHETLANDPL CRAFT D R GALLI DR CALA B A Z A S C IR V I L L A D E A N Z A AVE GILLICKWAY SHASTA DR RANDY LN R A M P A R T A V E BARK LN TULIPAN DR BLAZINGWOOD A V E DENISON AVE DA VIS O N A V E H U B B A R D AVE LANSDA L EAVE BARK LN MELODY LN PRUNE TREE LN CHERRY TREE LN HANNA DR AVONDALE ST GOLDEN GAT E DR HUDSON D R BETLIN AVE JACQUELINEWAY FERNGROVE DR BROOKGROVE LN MARTIN AVE A R A T A W A Y TILSON AVE NORWICH AVE PHYLLIS AVE BENTOAK LN JUDY AVE BRET AVE SILVERADO AVE PIN E VIL L EAVE AVONDALE ST CRAIG DR AMAPOLA DR CASTANO DR LARRY WAY RANDY LN PERIMETER RD VICKSBURG DR GLENVIEW AVE BLANEY AVE STERLING B L V D LINNET LN S PORTAL AVE W U N DERLICHDR HOWARD DR CLAY ST W R I V E RSID E WAY BIGOAKDR HERONAVE BETTEAVEFARALLONE DR BA YWOOD D R ARLINGTONLN DRAKE DR LANCERDR WINDSOR ST WINDSOR ST HYDE AVE RODRIGUESAV E MYER PL COTTONWOODDR OLMO CT MARTINWOOD WAY BROOKWEL L D R HYDE AVE H Y DEAVE W ESTATES DR CYNTHIALN MEADOWLARK LN BELVEDER E L N PROUTY WAY BOLLINGER RD S BLANEY AVE BOLLINGER RD S TANTAU AVE PRUNERIDGEAVE B LANEY AVE BO LL I N G E R R D PRUNERIDGEAVE N BLANEY AVE N BLANEYAVE N TANTAU AVE MILLER AVE MIL LER A V E M I L L E R A V E HOMESTEAD RD N DE ANZA BLVD S DE ANZA BLVD S DE ANZA BLVD N DE ANZA BLVD N DE ANZA BLVD STEVENS CREEK BLVDSTEVENS CREEK BLVD S DE ANZA BLVD S WOLFE RD N WOLFE RD 1ST & 3RD WEDNESDAY 1ST & 3RDMONDAY 2ND & 4THTHURSDAY 2ND & 4THWEDNESDAY 2ND & 4TH WEDNESDAY 1ST & 3RD THURSDAY Tim e S pecific Sweepings 1-2:3 0 PM 10-11:30 AM 9-10 :30 AM 9-11 :30 AM0 0.50.25 Miles RESIDENTAL SCHEDULE Area Schedule Curb MilesA1ST & 3RD MONDAY OF THE MONTH 28B2ND & 4TH THURSDAY OF THE MONTH 49C1ST & 3RD WEDNESDAY OF THE MONTH 30D1ST & 3RD THURSDAY OF THE MONTH 30E2ND & 4TH MONDAY OF THE MONTH 30F2ND & 4TH TUESDAY OF THE MONTH 31G2ND & 4TH WEDNESDAY OF THE MONTH 29H1ST & 3RD TUESDAY OF THE MONTH 40267COMMERCIAL SWEEPING TWICE A MONTH 43 Total Curb Mil es STREET SWEEPING SCHEDULE FOUR T IMES A M ONTH Document Path: R:\Stan dard Maps\StreetSweepin gScheduleMapBook\Stree tSwe epingSchedule 11x17_East.mxd Dat e Printed: 06/20/17CITY OF CUPERTINOSTREET SW EEP IN G SCH EDU LE Cupertino Commercial Sweeping Streets Street Name From To Day Swept N. Foothill Blvd. Stevens Creek Blvd. Starling Dr. (North City Limit)Thurs/Fri Bubb Road Stevens Creek Blvd. McClellan Rd.Thurs/Fri Stevens Creek Blvd. 150' west of Ridgeway Dr. (West City Limit) Hwy 85 Bridge Thurs/Fri N. Stelling Rd. Stevens Creek Blvd. Homestead Rd. (North City Limit)Thurs/Fri Stevens Creek Blvd. Hwy 85 Bridge Stern Ave. (East City Limit)Thurs/Fri Mary Ave. Stevens Creek Blvd. Meteor Dr.Thurs/Fri Wolfe Road Stevens Creek Blvd. Homestead Rd. (North City Limit)Thurs/Fri Vallco Parkway Wolfe Road N. Tantau Ave.Thurs/Fri N. Tantau Ave. Stevens Creek Blvd. Homestead Rd. (North City Limit)Thurs/Fri Homestead Road (South Side) Foothill Crossing Shopping Center Traffic Signal (West City Limit)Bernardo Ave. (Hwy 85 Bridge) Thurs/Fri Homestead Road (South Side) Mary Ave. Swallow Dr. (East City Limit)Thurs/Fri Pruneridge Ave. Wolfe Road East Dead End Thurs/Fri Saich Way Stevens Creek Blvd. Alves Dr.Thurs/Fri Bandley Dr. Stevens Creek Blvd. Valley Green Dr.Thurs/Fri Valley Green Dr. N. De Anza Blvd. Beardon Dr.Thurs/Fri Alves Dr. N. De Anza Blvd. Saich Way Thurs/Fri Lazaneo Dr. N. De Anza Blvd. Bandley Dr.Thurs/Fri Mariani Ave. Infinite Loop Bandley Dr.Thurs/Fri N. & S. De Anza Blvd. Bollinger Road Homestead Rd. (North City Limit)Thurs/Fri S. De Anza Blvd. South Bound Frm City Limit @ Hwy 85 Prospect Rd.Thurs/Fri Torre Ave. Stevens Creek Blvd. Pacifica Ave.Thurs/Fri Rodrigues Ave. De Anza Blvd. Torre Ave.Thurs/Fri Pacifica Ave. De Anza Blvd. Torre Ave.Thurs/Fri Centerline medians and turn pockets are to be included. Sweep Hours 10pm to 5am (Rev. 7/26/19) t==· 1 L .�---. --��-· --e-7. \_,,_ .111"'=.' c.=J ,, ' ., 2�'D& 4TH WEDNESDAY/ . ·, '#' �"_) CITY OF CUPERTINO . COMMERCIAL STREET SWEEPING SCHEDULE I , LUCILlEAVE l i 3 ,-·1 � � > \ I ___ _ a! 2 1---·-· :l � 1·-· MERRITT DR .;,1 ·1'" ----� �.1u.,..mw,0,,..,,.,.,:..,..,., .. dwl,1ufl,o•tL,.,u..i,11,D,.,,. • .,, •• .o,. S No Street Name From To Direction Length (miles - one direction) total length Curb miles/m onth 1 Stevens Creek Blvd Tantau Avenue Wolfe Road EB & WB 1.2 2.4 9.6 2 McClellan Road Stelling Road Byrne Avenue EB & WB 0.9 1.8 3.6 3 McClellan Road Torre Avenue Stelling Road EB & WB 0.7 1.4 2.8 SUBTOTAL 5.6 16.0 S No Street Name From To Direction Length (miles - one direction) total length 1 Finch Avenue Stevens Creek Blvd Phil Lane NB & SB 0.45 0.9 1.8 2 McClellan Road Byrne Avenue De Anza Boulevard EB & WB 1.43 2.9 5.7 3 Stelling Road Homestead Road Prospect Road NB & SB 3.02 6.0 16.1 4 Stevens Creek Blvd Foothill Boulevard Tantau Avenue EB & WB 3.43 6.9 27.4 5 Stevens Creek Blvd Cupertino City Limit Foothill Boulevard EB & WB 0.62 1.2 5.0 6 Blaney Avenue Homestead Road Bollinger Road NB & SB 1.91 3.8 7.6 SUBTOTAL 21.7 63.7 TOTAL NUMBER OF MILES OF CLASS IV BIKE LANES PROJECTED DURING CONTRACT PERIOD 79.7 Expected to complete in next 5 years and in operations Expected to complete in next 3 years and in operations SHEET OF REVISIONS IMPROVEMENT PLANS FOR McCLELLAN ROAD SEPARATED BIKEWAYS - PHASE 1a File: Scale: Proj. Engr: Checked: Drawn: Designed: Date:July 3, 2018 JC JC Land Use Entitlements Land Planning Landscape Architecture Civil Engineering Utility Design Land Surveying Stormwater Compliance 1570 Oakland Road (408) 487-2200 San Jose, CA 95131 HMHca.com RE E N I G N E LANOISSEFORPDERETSIGER C A L I F O R NIA FOET AT S V I LIC No. 82825 32 NF DT01 NTS 3 S: \ P R O J E C T S \ 4 8 9 3 0 0 \ 4 8 9 3 0 8 - M C C L E L L A N C Y C L E T R A C K S \ P W \ P L O T D R A W I N G S \ P H A S E 1 A \ 4 8 9 3 0 8 D T - P H 1 A . D W G TYPICAL SECTIONAPPROXIMATE STATION "MC" 79+00 TO "MC" 84+50 2 TYPICAL SECTIONAPPROXIMATE STATION "MC" 85+00 TO "MC" 87+50 3 TYPICAL SECTIONAPPROXIMATE STATION "MC" 88+00 TO "MC" 90+00 4 TYPICAL SECTIONAPPROXIMATE STATION "MC" 92+25 TO "MC" 94+25 5 TYPICAL SECTIONAPPROXIMATE STATION "MC" 95+00 TO "MC" 96+00 6 TYPICAL SECTIONAPPROXIMATE STATION "MC" 96+50 TO "MC" 101+25 7 - - - - - - NF / LA TYPICAL SECTIONAPPROXIMATE STATION "MC" 68+00 TO "MC" 75+00 1 - SHEET OF REVISIONS IMPROVEMENT PLANS FOR McCLELLAN ROAD SEPARATED BIKEWAYS - PHASE 1a File: Scale: Proj. Engr: Checked: Drawn: Designed: Date:July 3, 2018 JC JC Land Use Entitlements Land Planning Landscape Architecture Civil Engineering Utility Design Land Surveying Stormwater Compliance 1570 Oakland Road (408) 487-2200 San Jose, CA 95131 HMHca.com RE E N I G N E LANOISSEFORPDERETSIGER C A L I F O R NIA FOET AT S V I LIC No. 82825 32 NF East Estates Area East Estates Area Rancho Rinconada Area Vallco Area ALDERBROOK LN RODRIGUES AVE ARATA WAY HOMESTEAD RD ALDERBROOK WAY S BLANEY AVE BARNHART AVE N TANTAU AVE ATHERWOOD AVE S PORTAL AVE BARNHART CT N WOLFE RD AVOCADO PL STEVENS CREEK BLVD BRET AVE PRUNERIDGE AVE BETLIN AVE VICKSBURG CT CALVERT DR STEVENS CREEK BLVD BETTE AVE VICKSBURG DR CARVER DR VALLCO PKWY BIXBY DR W ESTATES DR CRABTREE AVE BLACKWOOD DR WILLOWBROOK WAY CULBERTSON DR BLAZINGWOOD AVE WINTERGREEN DR CYNTHIA AVE BRENDA CT GASCOIGNE DR BRENT DR HANNA DR BROOKWELL DR HUNTER WAY CANDLEWOOD CT JOHANSEN DR CANDLEWOOD DR JOHNSON AVE CLIFFORD CT JUDY AVE CLIFFORD DR LOREE AVE COLD HARBOR AVE MEDICUS CT COTTONWOOD CT MEIGGS LN COTTONWOOD DR MENHART LN DAVISON AVE MINETTE DR DEEPROSE PL MINETTE PL E ESTATES DR MORENGO DR GLENVIEW AVE MORETTI DR GREENWOOD CT NEWSOM AVE HALL CT PENDERGAST AVE HOWARD CT PRING CT JOHN DR RALYA CT LA MAR CT RUNO CT LA MAR DR S TANTAU AVE LANCER DR STARRETT CT LANSDALE AVE STERLING BLVD LINDA ANN PL STERN AVE LINDENBROOK LN STEVENS CREEK BLVD LINDSAY AVE SUTTON PARK PL MALVERN CT TILSON AVE MELLO PL TUGGLE AVE MILLER AVE TUGGLE PL MYRTLEWOOD DR WUNDERLICH DR OAKVILLE AVE PARKSIDE LN PINEVILLE AVE PRICE AVE RAMPART AVE RICHWOOD DR ROLLINGDELL DR VISTA DR GARDENSI D E L N WEYBURN LN CLARENDON ST ALDERBROOK LN PHIL LN MERRITT DR KENTWOOD AVE E E STATES D R TERRY WAY WHEATONDR AUBURN DR SHADYGROVEDR MERRITT DR KIRWIN LN ALVES DR FOREST AVE GREENLE AF DR LAS O NDAS W A Y ATHERWOOD AVE RAINBO W D R BOLLINGER RD TORRE AVE FINCH AVE TONI C T VIS TA CT RODRIGUES AVE LEOLA CT CLEO AVE DANBURYDR BIXBY DR CHIALA LN PINO LE C T PRICE AVE PEAR TREE LN PARADISE DR O A K VIL L E A V E LA MARDR SCOFIELD DR SUNRISE DR APPLE TREE LN CANDLEWOOD DR BRENT D R ARLINGTON LN CALI AVE VISTA DR PLUM TREE LN CLIFDEN W AY LA RODA DR RANDY LN PEACH TREE LN BRITTANY CT PACIFICA DR JOHN DR GREENWOO D DR DISNEY LN W RIVERSIDE WAY EDSEL DR CALLE DE BARCELONA JOHN DR SUISUN DR GALLI CT RICHWOOD DR WHEATON DR CHERYL D R MELVINDR PACIFICA DR CHAVOYA DR LINDENBROOK LN LANCER DR NANCY CT BLOSSOM LN VIA VICO WHITNEY WAY FELTON WAY KINT Y RE WAY LARRY WAY RIEDEL PL BILICH PL RANDY LN CRAIG CT ALLEY STANFORD P L TIPTOE LN ANTOINETTE DR ANNETTE WAY HALL CT MILLER AVE STENDHALLN DR AKE DRCYPRESS DR TWILIGHT CT FALLENLEAFLN HEATHERWOOD DR CORONADO DR CORVETTE DR BLAC KWOOD D R DEODARA DR VIRGINIA SWAN PL PA RLETT PL MINER PL MASONWAY HOWAR D CT CAROL LEE DR H Y D E AVE COLDHARBORAVE PO PPY WAY W IN T ER G RE EN DR SORENSON AVE LONGFELLOW W AY SHELLY DR WESTMOO R WAY LINDSAY AVE CRAFT D R GALLI DR GILLICKWAY BLUE HILL DR S TE E PLE C H A SE LN RANDY LN R A M P A R T A V E BARK L N DENISON AVE COLBY AVE D A V I S O N A V E JOHN WAY BARK LN PRUNE TREE LN CHERRY TREE LN AVONDALE ST GOLDEN GATE DR BETLIN AVE JACQUELINE WAY NORWICH AVE PHYLLIS AVE SILVERADO AVE PI N E V IL L E A V E AVO NDALE ST CRAIG DR HYDE AVE PERIMETER RD MARIAN I A V E VICKSBURG DR GLENVIEW AVE PARKSIDE LN S PORTAL AVE CL AY ST W ESTLYNN WAY WILL CT W R I V ERSID E W AY N PORTAL AVE BETTE AVE FARALLONE DR FARALLONE DR BAYWOOD DR ARLINGTON L N BANDLEY DR LANCERDR M YR T L E W O O D DR WINDSOR ST WINDSOR ST HYDE AVE RODRIGUESAVE MYER PL MELLO PL PARK CIRCLE E COTTONWOODDR MARTINWOOD WAY BRO OKWELLD R BLAZINGWOOD AVE LANSDALE AVE W ESTATES DR CYNTHIALN B E LV E D ER E LN BOLLINGER RD S BLANEY AVE MCCLELLAN RD BO L L IN G E R R D RAINBO W DR N BLANEY AVE BO L L I N G E R R D BLANEY AVE BLANEY AVE MILLER AVE MIL L ER AVEMILLER AVE M I L L E R A V E STEVENS CREEK BLVD STEVENS CREEK BLVD S DE ANZA BLVD S DE ANZA BLVD N W O L FE R D N W OLFE RD N DE ANZA BLVD N DE ANZA BLVD S DE ANZA BLVD East E states Ranch o Rin conada Vallco 0 0.50.25 Mile s ´ Do cu ment Path: R:\Sta nda rdMaps\He avyLeafF allAre as\HeavyLe afFall_Eesta tes.mxd Date Printed: 10/28/1 6 CITY OF CUPE RTIN O HEAVY LE AF FA LL SWE EPING - E AST ESTAT ES ARE A PHIL LN SHADYGROVE DR JOHNSON AVE TUGGLE AVE JOHNSONAVE MINETTE PL MORENGODR L O R E E A V E PRING CT STRAYER DR FINCH AVE TUGGLE PL PENDERGAST AVE MEIGGS LN TILSON AVE KIMBERLY ST WUNDERLICH DR BARNHART CT MENHARTLN CALVERT DR WILLOWGROVE LN OAKTREE DR MORETTI DR WHITEOAK DRHARLAN DR CARVER DR BARNHART AVE NEWSOMAVE TOMPKINS DR CULBERTSONDR BIGOAKCT NEWSOM AVE GREENOAK DR MURIEL LN COZ ETTE LN ANNE LN TWIG LN MINETTE DR HUNTINGTON DR MEDICUS CT JOHANSEN DR CYNTHIA AVE GASCOIGNEDR RUNO CT LOREE AVE RALYA CT STARRET T CT HUNTERWAY CRABTREE AVE CARVER DR TULIPAN DR HANNA DR FERNGROVE DR BROOKGROVE LN BENTOAK LN A R A T A W A Y TILSON AVE PROUTY WAY JUDY AVE BRET AVE STERN AVE AMAPOLA DR CASTANO DR S T E R L I N G B L V D WUNDERLICH DR WUNDERLICH D R BIGOAK DR HYDE AVE H Y DEAVE HYDE AVE OLMO CT NARCISO CT SUTTON PARK PL BOLLINGER RD STANTAUAVE N TANTAU AVE ST E V E N S CREEK BLVD STEVENS CREEK BLVD STEVENS CREEK BLVD East E states Ranch o Rin conada Va llco 0 0.250.125 Mile s ´ Do cument Path: R:\Standard Maps\HeavyL ea fF allAreas\H ea vyLeafFall_Rancho Rincon ada.mxd Date Printe d: 10/2 8/16 CITY OF CUPE RTIN O HEAVY LE AF FA LL SWE EPING - R AN C HO RI NC ONAD A S U L LIVANDR RICHWOOD DR GIAN NI N I D R EESTATES DR ME A D O W A V E HERON AVE FI N C H A V E LARK LN PARNELL PL NI G H T I N G A L E A V E PE A C O C K A V E PE RIMETER RD QU A I L A V E ANNE LN MELODY LN PRUNERIDGE AVE SHASTA DR HUBBARD AVE ANCOCK DR ME A D O W A V E NO R W I C H A V E DA W S O N D R C RAFT DR ST E R N A V E BR E T A V E JU D Y A V E PE R I M E T E R R D LI N N E T L N HO W A R D D R RICHWOOD CT S TANTAU AVE PRUNERIDGE AVE PRUNERIDGEAVE MI L L E R A V E MI L L E R A V E N TANTAU AVE HOMESTEAD RD STEVENS CREEK BLVD STEVENS CREEK BLVD S W O L F E R D STEVENS CREEK BLVD N W O L F E R D N W O L F E R D East Estates Rancho Rinconada Vallco 0 0.250.125 Miles ´ Document Path: R:\StandardMaps\HeavyLeafFallAreas\HeavyLeafFall_Vallco.mxd Date Printed: 10/28/16 CITY OF CUPERTINO HEAVY LEAF FALL SWEEPING - VALCO AREA