20-159 Spencon Construction, for work on the 2020 Reconstruction of Curbs, Gutters and SidewalksRecording Requested By:
The City of Cupertino
When Recorded Mail To:
Public Works Department
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§ 6103, 27383
25e22833
Regina Qlcomendras
Santa Clara County - Clerk-Recorder
07 /e8/2(!)21 03 :17 Pr'l
Titles: I Pages : 1
Fees : $9. DO
Taxes
SPACE ABOVE THIS LINE IS hOR RLCORDER'S USE
NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:
1.The undersigned is the agent of the owner of the Project described below.
2.Owner's full name is the City of Cupertino ("City")
3.City's address is 10300 Torre Avenue, Cupertino, CA 95014.
4.The nature of City's interest in the Project is:
Fee Ownership Lessee X Other: Riqht-of-Way
5. Construction work on the Project performed on City's behalf is generally described as
follows: Remove,
6.The name of the original Contractor for the Project is: Spencon Construction, Inc.
7.The Project was accepted as completed on: 5/26/2021
8.The Project is located at: Cupertino, various streets
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under
the laws of the State of California that I have read this notice. and I know and understand the
contents of this notice. and that the facts stated in this notice are true and correct.
2020 Reconstruction of Curbs, Gutters and Sidewalks
Project #2021-102
NOTICE OF COMPLETION
Page 2
2020 RECONSTRUCTION OF CURBS GUTTERS AND SIDEWALKS
PROJECT NO. 2021-102
CONTRACT CHANGE ORDER
DATE:CCO#1
P.O.#2021-254
Contractor:Acct. #420-99-069 900-905 ST 34 - $36,910.00
Spencon Construction Acct. #270-85-820 750-020 - $47,461.00
3508 Ste S Depot Road
Hayward, CA 94545
Change
No.
Bid Item
No QTY UNIT
Cost
1 CCO1-1 1 LS
1 12-Jan Various contract items - additional
QTY at original unit cost.$71,621.00
April 29, 2021
The following changes are hereby approved, notwithstanding language in any attachment to the contrary,
Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described
herein for each and every entity involved in the project who is being compensated hereunder and that each and
every claim for any cost for schedule impact such as a delay, impact, inefficiency, acceleration, extended
overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this
Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers.
Description Total Cost
Independent/Certified traffic control
crew for added work on McClellan Rd
near Linda Vista Trail / McClellan
$12,750.00
Page 1 CCO 2
2020 RECONSTRUCTION OF CURBS GUTTERS AND SIDEWALKS
PROJECT NO. 2021-102
CONTRACT CHANGE ORDER
Total Project:
Original Contract
Change Order No.1 $84,371.00
Total Change Orders
Revised Contract
Schedule Impact-this Change Order
Schedule Impact: 30
06/01/21
REVIEWED BY:APPROVED BY:
City of Cupertino City of Cupertino
Jo Anne Johnson Roger Lee
City Project Manager Director of Public Works
Date: Date:
Spencon Construction
Steve Stahl
President
Date:
$928,084.75
$84,371.00
Proj. Final Completion Date:
Total
Change Order No.1 $84,371.00
$843,713.75
Page 2 CCO 2
May 3, 2021
May 3, 2021 May 3, 2021
CCO1 2020 Reconstruction of Curbs Gutters
and Sidewalks
Final Audit Report 2021-05-03
Created:2021-05-03
By:Julia Kinst (juliak@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAM-9fORUxe-PerAhg1UgPpzheXo7bN9GB
"CCO1 2020 Reconstruction of Curbs Gutters and Sidewalks" Hi
story
Document created by Julia Kinst (juliak@cupertino.org)
2021-05-03 - 3:34:31 PM GMT- IP address: 64.178.242.15
Document emailed to Steve Stahl (steve@spenconconstruction.com) for signature
2021-05-03 - 3:36:05 PM GMT
Email viewed by Steve Stahl (steve@spenconconstruction.com)
2021-05-03 - 4:05:08 PM GMT- IP address: 104.14.84.56
Document e-signed by Steve Stahl (steve@spenconconstruction.com)
Signature Date: 2021-05-03 - 4:17:29 PM GMT - Time Source: server- IP address: 73.162.22.4
Document emailed to JoAnne Johnson (joannej@cupertino.org) for signature
2021-05-03 - 4:17:31 PM GMT
Email viewed by JoAnne Johnson (joannej@cupertino.org)
2021-05-03 - 4:18:14 PM GMT- IP address: 104.47.46.254
Document e-signed by JoAnne Johnson (joannej@cupertino.org)
Signature Date: 2021-05-03 - 4:18:27 PM GMT - Time Source: server- IP address: 24.130.192.152
Document emailed to Roger Lee (rogerl@cupertino.org) for signature
2021-05-03 - 4:18:29 PM GMT
Email viewed by Roger Lee (rogerl@cupertino.org)
2021-05-03 - 4:45:14 PM GMT- IP address: 104.47.74.126
Document e-signed by Roger Lee (rogerl@cupertino.org)
Signature Date: 2021-05-03 - 4:45:57 PM GMT - Time Source: server- IP address: 24.4.161.237
Agreement completed.
2021-05-03 - 4:45:57 PM GMT
Contract
This public works contract (“Contract”) is entered into by and between the City of Cupertino
(“City”), a municipal corporation, and Spencon Construction, Inc. (“Contractor”), for work on the
2020 Reconstruction of Curbs, Gutters and Sidewalks (“Project”).
The parties agree as follows:
1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a
Bid Proposal and accompanying Bid Schedule, a copy of which is attached for convenience
as Exhibit A, to perform the Work to construct the Project. On October 6, 2020, City
authorized award of this Contract to Contractor for the amount set forth in Section 4 below.
2. Contract Documents. The Contract Documents incorporated into this Contract include
and are comprised of all of the documents listed below. The definitions provided in Article 1
of the General Conditions apply to all of the Contract Documents, including this Contract:
2.1 Notice Inviting Bids;
2.2 Instructions to Bidders;
2.3 Addenda, if any;
2.4 Bid Proposal and attachments thereto;
2.5 Contract;
2.6 Payment Bond, and Performance Bond;
2.7 General Conditions;
2.8 Special Conditions;
2.9 Project Plans and Specifications;
2.10 Change Orders, if any;
2.11 Notice of Award;
2.12 Notice to Proceed;
2.13 City of Cupertino Standard Details; and
2.14 The following: Traffic Control Requirements
3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project,
as specified in the Contract Documents. Contractor must provide, furnish, and supply all
things necessary and incidental for the timely performance and completion of the Work,
including all necessary labor, materials, supplies, tools, equipment, transportation, onsite
facilities and utilities, unless otherwise specified in the Contract Documents. Contractor
must use its best efforts to diligently prosecute and complete the Work in a professional
and expeditious manner and to meet or exceed the performance standards required by the
Contract Documents.
4. Payment. As full and complete compensation for Contractor’s timely performance and
completion of the Work in strict accordance with the terms and conditions of the Contract
Documents, City will pay Contractor $843,713.75 (“Contract Price”) for all of Contractor’s
direct and indirect costs to perform the Work, including all labor, materials, supplies,
equipment, taxes, insurance, bonds and all overhead costs, in accordance with the
payment provisions in the General Conditions.
5. Time for Completion. Contractor will fully complete the Work for the Project May 1, 2021.
By signing below, Contractor expressly waives any claim for delayed early completion.
6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time,
City will assess liquidated damages in the amount of $1,000 per day for each day of
unexcused delay in completion, and such liquidated damages may be deducted from City’s
payments due or to become due to Contractor under this Contract.
7. Labor Code Compliance.
7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of
Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages,
working hours and workers’ compensation insurance, as further specified in Article
9 of the General Conditions.
7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements
applicable to the locality in which the Work is to be performed for each craft,
classification or type of worker needed to perform the Work, including employer
payments for health and welfare, pension, vacation, apprenticeship and similar
purposes. Copies of these prevailing rates are available online at
http://www.dir.ca.gov/DLSR.
7.3 DIR Registration. City may not enter into the Contract with a bidder without proof
that the bidder and its Subcontractors are registered with the California Department
of Industrial Relations to perform public work pursuant to Labor Code section
1725.5, subject to limited legal exceptions.
8. Workers’ Compensation Certification. Pursuant to Labor Code section 1861, by signing
this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code
section 3700 which require every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the provisions of that
code, and I will comply with such provisions before commencing the performance of the
Work on this Contract.”
9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not
have, maintain or acquire a conflict of interest in relation to this Contract in violation of any
City ordinance or requirement or in violation of any California law, including Government
Code section 1090 et seq., or the Political Reform Act, as set forth in Government Code
section 81000 et seq. and its accompanying regulations. No officer, official, employee,
consultant, or other agent of the City (“City Representative”) may have, maintain, or acquire
a “financial interest” in the Contract, as that term is defined under the Political Reform Act
(Government Code section 81000, et seq., and regulations promulgated thereunder); or
under Government Code section 1090, et seq.; or in violation of any City ordinance or
requirement while serving as a City Representative or for one year thereafter. Any violation
of this Section constitutes a material breach of the Contract.
10. Independent Contractor. Contractor is an independent contractor under this Contract and
will have control of the Work and the means and methods by which it is performed. Contractor
and its Subcontractors are not employees of City and are not entitled to participate in any health,
retirement, or any other employee benefits from City.
11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents
must be made in writing, signed, dated and sent to the other party by personal delivery,
U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed
effective upon delivery, except that service by U.S. Mail is deemed effective on the second
working day after deposit for delivery. Notice for each party must be given as follows:
City:
Name: City of Cupertino
Address: 10300 Torre Avenue
City/State/Zip: Cupertino, CA 95014
Phone: 408-777-3354
Attn: Director of Public Works
Email: joannej@cupertino.org
Copy to: pwinvoices@cupertino.org
Contractor:
Name: Spencon Construction, Inc.
Address: PO Box 1220
City/State/Zip: Danville, CA 94526
Attn: Steve Stahl
Email: Steve@spenconconstruction.com
Copy to: Spencer@spenconconstruction.com
12. General Provisions.
12.1 Assignment and Successors. Contractor may not assign its rights or obligations
under this Contract, in part or in whole, without City’s written consent. This
Contract is binding on Contractor’s and City’s lawful heirs, successors and
permitted assigns.
12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this
Contract.
12.3 Governing Law and Venue. This Contract will be governed by California law and
venue will be in the Santa Clara County Superior Court, and no other place.
Contractor waives any right it may have pursuant to Code of Civil Procedures
Section 394, to file a motion to transfer any action arising from or relating to this
Contract to a venue outside Santa Clara County, California.
12.4 Amendment. No amendment or modification of this Contract will be binding
unless it is in a writing duly authorized and signed by the parties to this Contract.
12.5 Integration. This Contract and the Contract Documents incorporated herein,
including authorized amendments or Change Orders thereto, constitute the final,
complete, and exclusive terms of the agreement between City and Contractor.
12.6 Severability. If any provision of the Contract Documents, or portion of a provision,
is determined to be illegal, invalid, or unenforceable, the remaining provisions of
the Contract Documents will remain in full force and effect.
12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor
certifies, by signing below, that it is not identified on a list created under the Iran
Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person
engaging in investment activities in Iran, as defined in the Act, or is otherwise
expressly exempt under the Act.
12.8 Authorization. Each individual signing below warrants that he or she is authorized
to do so by the party that he or she represents, and that this Contract is legally
binding on that party. If Contractor is a corporation, signatures from two officers of
the corporation are required pursuant to California Corporation Code section 313.
[Signatures are on the following page.]
The parties agree to this Contract as witnessed by the signatures below:
CONTRACTOR
Spencon Construction, Inc. CITY OF CUPERTINO
A Municipal Corporation
By By
Name_______________________ Deborah L. Feng
Title City Manager
Date Date
By
Name
Title
Date
APPROVED AS TO FORM:
By
Name
City Attorney
Date
ATTEST:
Kirsten Squarcia
City Clerk
Date
Contract Amount: $928,084.75 (incl. 10% cont)
P.O. No.
Account No.270-85-820 750-020
END OF CONTRACT
President
Dec 2, 2020
Steve Stahl
Spencer Stahl
VP Operations
Dec 4, 2020
Spencer Stahl
Heather M. Minner
Dec 8, 2020
Heather M. Minner
Deb Feng
Dec 8, 2020
Dec 8, 2020
Revised: July 13, 2020 – Public Works Contracts
1
Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS
A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s
(“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement
(“Contract”), includes immediate compliance by Contractor and its subcontractors with the
restrictions on travel and the Social Distancing Requirements set forth in the most recent health
order issued by the County of Santa Clara Health Department in response to the COVID-19
pandemic, and any subsequent amendments or superseding orders thereto (the “Health
Order”), and any other local, state, or federal laws that have been or may be enacted in
response to the COVID-19 pandemic (collectively, “Health Laws”).
B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social
distancing requirements in the Health Order when preforming work under this Contract. If a
scope of work item, notice to proceed, or work order under this Contract specifies work that
cannot be performed in compliance with the Health Order or other Health Laws, Contractor
shall refrain from conducting the work and immediately inform the City.
C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to
require any person at high risk of severe illness from COVID-19 to leave their residence to
perform work under the Contract. Contractor will inform the City if other arrangements for the
work must be made, and City will do so, with no penalty to Contractor, although Contractor will
not be compensated for work performed by the City or third parties. Information from the
Center for Disease Control ("CDC") on "high risk" categories is available at the CDC's website at:
https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html.
D. Health Order Requirements and Best Practices. Contractor will immediately undertake all
appropriate measures to ensure compliance with the Social Distancing Requirements in the
Health Order by all individuals on any project site or work area performing work under this
Contract, including Contractor's or any subcontractor's workers, employees, representatives,
vendors, or suppliers (collectively, "workers"), and shall maintain these measures for as long as
required by the Health Order or other Health Laws. In particular, Contractor must comply with
the provisions of the County’s Mandatory Directive for Construction Projects (attached hereto),
as applicable.
Further, as long as required by the operative Health Order or Mandatory Directive for
Construction Projects, or other Health Laws, these measures shall include, but are not limited
to, the following best practices:
1. Information. Inform all workers of the Social Distancing Requirements and these best
practices, including any updates or modifications, and require compliance as a condition
to being present on the project site or work area.
Revised: July 13, 2020 – Public Works Contracts
2
2. Social Distancing Protocol. Fill out and submit the newest version of the Social
Distancing Protocol to the County, using the County’s online form available at
https://www.sccgov.org/sites/covid19/Pages/social-distancing-protocol.aspx.
3. Sick Workers. Prohibit any individuals who have been tentatively or conclusively
diagnosed with COVID-19 or who have any symptoms of illness, including the following,
from entering or remaining on the project site or work area: fever, cough, shortness of
breath, sore throat, body aches, chills, sudden loss of smell or taste or other flu-like
symptoms. Encourage sick workers to get immediate medical attention.
4. Signage/Posters. As required, post or distribute (1) the most updated version of the
COVID-19 PREPARED Sign, and (2) a Social Distancing Protocol Visitor Information Sheet.
5. Face Coverings. Everyone at a job site must wear a face covering at all time, except
children under the age of 2, people who are medically prevented from wearing a face
covering, and for communication by or with people who are hearing impaired.
6. Sanitary Facilities. Ensure adequate handwashing and/or hand-sanitizing facilities are
available at all times and encourage frequent handwashing and/or hand-sanitizing
throughout the day as specified below. Portable sanitary facilities must be serviced and
cleaned on a daily basis. Provide hand sanitizer in or around all toilet facilities and
common areas, including project trailers.
a. Handwashing. Wash hands using soap and water for at least 20 seconds.
b. Hand-sanitizer. Use a hand sanitizer that contains at least 60-95% alcohol
when handwashing is not immediately available.
c. Paper Products. Ensure that toilet paper, tissues, and paper towels are
available as appropriate, with designated receptacles for disposal.
7. Distancing. Prohibit workers from being less than six feet apart, unless and only to
the extent that would compromise worker safety or violate safety Laws for specific
operations. Prohibit handshaking or any physical contact among workers, with the sole
and limited exception of any physical contact required for worker safety or to comply
with safety Laws. Avoid sharing tools to the extent possible. Require workers to provide
their own transportation where possible and to avoid having more than two workers in
a vehicle.
8. Groups/Meetings/Site Access. Avoid any group gatherings of 10 or more people. Use
electronic alternatives to in person meetings, e.g., conference calls, video-conferencing,
etc., to the greatest extent possible. Limit access to the project site or any work area to
workers who are necessary to perform the work at that time. Allow non-essential
Revised: July 13, 2020 – Public Works Contracts
3
personnel to work from home to the extent possible. Avoid all non-essential travel. Do
not stack trades if possible.
9. Frequent Cleaning. Provide for regular and appropriate cleaning of all high touch
surfaces at a project site or work area, including, but not limited to, shared tools or
equipment, doorknobs and handles, toolboxes, sanitary facilities, common break areas,
keypads, touch screens, project trailer surfaces and equipment, light or power switches,
workstations, countertops, break areas, and the like. Clean and/or disinfect any reusable
items or equipment. Clean surfaces of shared vehicles, including steering wheels, gear
shifts, handles, instrument panels, etc. Ensure that cleaning products are used correctly
and safely, and avoid cleaning techniques, such as use of pressurized air or water sprays,
that may generate bioaerosols.
10. Personal Protective Equipment. When workers cannot avoid close proximity or
physical contact, e.g., based on applicable safety laws, or are otherwise at risk for
exposure to COVID-19, ensure that the affected workers are provided with appropriate
personal protective equipment ("PPE"), which may include disposable gloves and/or
other PPE. Instruct workers to wash or sanitize hands after removing gloves or other
PPE. Ensure that all personal protective equipment is disposed of properly.
11. Water and Food. Prohibit shared or communal food or common water coolers.
Provide individual water bottles for workers or instruct workers to bring their own.
12. Enforcement. Immediately eject any worker who fails or refuses to comply with the
Health Laws, Social Distancing Requirements, or these best practices from the project
site until or unless the Project Manager issues a written authorization for the worker to
return, subject to full compliance.
F. Proof of Compliance. If Contractor is subject to the Mandatory Directive for Construction
Projects, Contractor must provide to the City the name and contact information for its
designated site-specific COVID-19 supervisor(s).
E. Oversight. In other to ensure that all workers comply with the Social Distancing
Requirements to the extent possible, Contractor shall designate a named individual to have
primary responsibility for implementation and enforcement of the Social Distancing
Requirements and these best practices, and to serve as the primary point of contact with the
City in this regard. Contractor shall promptly inform the City of the name of this individual.
F. Changed Requirements. It is understood and acknowledged that circumstances pertaining to
the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements
may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with
the City to implement new or changed requirements as quickly as possible.
Revised: July 13, 2020 – Public Works Contracts
4
G. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and
require any agents, subcontractors, or subconsultants to comply with its provisions.
Attachments to Exhibit A-A
Santa Clara County Mandatory Directive for Construction Projects
1228578.5
County of Santa Clara
Public Health Department Health Officer 976 Lenzen Avenue, 2nd Floor San José, CA 95126 408.792.5040
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 1 of 12
Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith
MANDATORY DIRECTIVE FOR CONSTRUCTION PROJECTS
*Please confirm that your facility and/or construction project jobsite may open under the
State Order. Where there is a difference between the local County Order and the State
Order, the more restrictive order must be followed. The State also has specific guidance for
certain facilities that must be followed in addition to this mandatory directive.*
Issued: July 7, 2020
Information on the State’s Order and State guidance is available at covid19.ca.gov.
While the construction industry is critical to ensuring a safe and sufficient supply of residential
and commercial space, construction work can also pose significant risks to public health due to
the COVID-19 pandemic. Because construction projects typically involve many workers
actively working on a jobsite at the same time, often in close proximity to one another or sharing
equipment, businesses and individuals performing and overseeing construction projects must
take extra precautions to reduce the risk of COVID-19 transmission for workers, visitors, and
others. This Directive applies to all construction projects, but the restrictions vary by the
size of the project, as specified below.
“Construction project” means any work (including a public works project) carried out in
connection with the construction, alteration, conversion, fitting-out, remodel, renovation,
refurbishment, demolition, decommissioning, or dismantling of a building or other structure; the
preparation of a physical site for any such activity; and education or training at which any such
activity is taught through onsite practice or experience. “Construction project” does not include
architectural, design, financial, or administrative work related to a construction project, unless
that work occurs at the construction jobsite. “Construction project” also does not include basic
repair or maintenance work, which means a repair or maintenance job that requires no more than
2 workers and no more than 2 days and that is not architecturally, financially, or administratively
associated with an active construction project.
This Directive explains how construction projects may operate. This Directive is mandatory, and
failure to follow it is a violation of the Health Officer’s Order issued on July 2, 2020 (“Order”).
Construction projects must comply with the Order and all requirements of this Directive.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 2 of 12
The Order Issued July 2
The Order imposes several restrictions on all businesses and activities to ensure that the County
stays as safe as possible, including but not limited to the following:
The Social Distancing Protocol: All businesses must fill out and submit the newest version of
the Social Distancing Protocol to the County using the online form, available here. The Protocol
is submitted under penalty of perjury, meaning that everything written on the form must be
truthful and accurate to the best of the signer’s knowledge, and submitting false information is a
crime. The Protocol must be distributed to all workers, and it must be accessible to all officials
who are enforcing the Order. Businesses are responsible for ensuring that workers understand
and are trained on Protocol requirements in a language that they understand. For any business
that only performs services for dispersed facilities or worksites that the business does not own or
operate, the business must complete a Social Distancing Protocol for its operation as a whole.
For any business that has a facility, but also provides services at dispersed facilities or worksites
that the business does not own or operate, the business must complete a Social Distancing
Protocol for its own facility and provide that Protocol to the owners or operators of any facility
where it operates.
Example: A construction company serves as a subcontractor on various jobsites
throughout the County and also operates a base facility within the County, where it
maintains its vehicles and equipment. The subcontractor must complete a Social
Distancing Protocol for its base facility. It must also distribute the Protocol to the
owners or operators of the jobsites to which it sends its workers. The subcontractor’s
workers must be given a copy of, be trained on, and comply with the measures in both
the subcontractor’s Social Distancing Protocol and the Social Distancing Protocol for
any jobsite at which they are performing work.
• Signage: All businesses must print (1) an updated COVID-19 PREPARED Sign and (2)
a Social Distancing Protocol Visitor Information Sheet, and both must be posted
prominently at all facility entrances. These are available for printing after submission of
the Social Distancing Protocol online.
Businesses do not need to post these documents if they do not have their own facility
or worksite and only perform services for dispersed facilities or worksites that the
business does not own or operate.
• Face Coverings: Everyone at a business facility or worksite must wear a face covering at
all times (except very young children, people for whom face coverings are medically
inadvisable, or for communication by or with people who are hearing impaired). Face
coverings must be worn even while working at a construction project. Workers do
not need to wear face covering if it would create a risk to the person related to their work,
in accordance with local, state, or federal workplace safety guidelines.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 3 of 12
• Density Limitation: All businesses must limit the number of people who may be inside
the facility at the same time. For staff members, the limit is 1 person per 250 gross
square feet of indoor facility space (this means total space, including areas open only to
staff like storage rooms). For members of the public, the limit is 1 person per 150 square
feet of space open to the public. The density requirements tell businesses how many
people (staff or clients) they can let inside the facility before another person leaves.
Children under 12 who are accompanying a parent or guardian do not count against the
limit, but everyone age 12 and over does. This Directive describes a limited exception
to the density limitation applicable only to construction project jobsites.
See the Order and the FAQ page for more details.
In addition to these general requirements applicable to all businesses under the Order,
construction projects must comply with the following directives.
Construction Projects on Own Residence Exempted
This Directive does not apply to construction projects where a person is performing construction
on their current residence alone or solely with members of their own household.
Rules for Single-Worker Construction Projects
This section lists the requirements for construction projects performed by only 1 worker, such as
someone who is working alone on a kitchen remodel project. This section for single-worker
projects does not apply to construction projects that involve multiple workers, even if only 1
worker is at the jobsite at any time; those projects must follow the Rules For All Construction
Projects, which are listed in the next section.
a. If the worker is working for a business, the worker must comply with the Social
Distancing Protocol of that business.
b. The worker must maintain 6 feet of social distance from all other people at all
times, including when entering and leaving the work area or building.
c. The worker must use and properly wear face coverings. In addition, the worker
must wear other personal protective equipment (PPE) appropriate for use in
construction, including gloves, goggles, and/or face shields.
d. To the extent possible, the worker must seal off the work area so that there is a
barrier between the worker and any other people in the building. For example, a
worker performing construction in the hallway of a residence must install a barrier
(such as plastic sheeting) between the area where the worker is working and the
rest of the hallway.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 4 of 12
e. The worker must frequently wash hands with soap and water for at least 20
seconds or use hand sanitizer with at least 60% alcohol.
f. The worker must not work or come to the jobsite if the worker has a fever, cough,
or any other COVID-19 symptoms.
g. The worker must maintain records of the dates and times the worker was at the
jobsite and must make those records immediately available upon request to any
County official.
h. If the worker tests positive for COVID-19, the worker must notify the County
Public Health Department within 4 hours of learning of the positive result by
following the instructions at www.sccsafeworkplace.org.
Rules for All Construction Projects (Except Single-Worker Construction Projects)
This section lists requirements for all construction projects (other than single-worker
construction projects).
*Note: Large Construction Projects must also follow additional requirements, which are
described beginning on page 9.*
1. Responsibilities of the General Contractor and Subcontractors
a. The business with the responsibility to oversee a construction project, described in
this Directive as the “General Contractor,” must complete and submit a Social
Distancing Protocol specific to the construction project jobsite. (The General
Contractor may also need to submit social distancing protocols for its base facility
or for other jobsites subject to this Directive.)
b. The General Contractor is responsible for ensuring that all work and operations at
the construction jobsite is performed in compliance with the Order, this Directive,
and the jobsite-specific Social Distancing Protocol.
c. The General Contractor must train its workers to comply with the Order, this
Directive, and the jobsite-specific Social Distancing Protocol.
d. Subcontractors do not need to submit their own jobsite-specific Social Distancing
Protocols for the same site, but the General Contractor must not allow any
subcontractor onto the jobsite unless that subcontractor has given the General
Contractor a signed certification that:
i. the subcontractor has reviewed the Order and this Directive and will
comply with them;
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 5 of 12
ii. the subcontractor has reviewed the General Contractor’s jobsite-specific
Social Distancing Protocol and trained its workers on that Protocol; and
iii. the subcontractor has completed and submitted its own Social Distancing
Protocol covering its operations, and has provided a copy of that Protocol
to the General Contractor.
2. General Contractors and Subcontractors Must Report COVID-19 Positive Cases
a. Whenever the General Contractor learns that a person who has tested positive for
COVID-19 was at the jobsite within 48 hours of the date they were tested or
within 48 hours of becoming symptomatic, the General Contractor must
immediately implement the jobsite-specific Social Distancing Protocol’s
procedures for when a person tests positive for COVID-19. All positive cases
must be reported by following the instructions at www.sccsafeworkplace.org.
b. All subcontractors must immediately (within 1 hour, regardless of the time of
day) alert the General Contractor as soon as they learn that an employee has tested
positive who is currently at the jobsite, or who was at the jobsite within 48 hours
of the date they were tested or within 48 hours of becoming symptomatic. This
reporting requirement is in addition to the subcontractor’s own reporting
requirements under the Order and the procedures in the subcontractor’s Social
Distancing Protocol.
3. Cleaning After Positive Case Identified
Upon learning of a confirmed positive case at the jobsite within the last 48 hours, any
location where the infected worker was known to have been present must be immediately
closed and sanitized. Work in these locations must cease until sanitization is complete.
4. General Contractor is Responsible for Ensuring the Jobsite is Operated Safely Following
All Legal Requirements
a. The General Contractor must ensure that everyone at the jobsite—including its
own workers, the subcontractors’ workers, and visitors—complies with the Order,
this Directive, the jobsite-specific Social Distancing Protocol, and any other laws
and regulations that apply to the work (for example, OSHA and Cal-OSHA
requirements). If there is a conflict in what different laws require, the strictest
standard applies.
b. The General Contractor’s responsibility for ensuring jobsite compliance under
this paragraph 4 does not, however, relieve any subcontractors of their own
responsibilities under the Order, their Social Distancing Protocol, this Directive,
and all other applicable laws and regulations.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 6 of 12
c. Any worker, or any subcontractor, may file a complaint that the General
Contractor has not complied with the Order, this Directive, or the jobsite-specific
Social Distancing Protocol, or that the General Contractor has failed to require
others to comply. Complaints may be filed through the County Office of Labor
Standards Enforcement Advice Line (866-870-7725) or website
(www.sccfairworkplace.org).
5. Designated COVID-19 Supervisor(s)
a. The General Contractor must designate a site-specific COVID-19 Supervisor or
Supervisors to enforce the jobsite-specific Social Distancing Protocol and this
Directive. The designated COVID-19 Supervisor(s) must be present at the jobsite
at all times during construction activities. The COVID-19 Supervisor may be an
on-site worker who is designated to serve in this role. The General Contractor
must prominently post a sign at all entrances to the jobsite clearly identifying the
COVID-19 Supervisor(s) by name and providing their phone number and email
address.
b. The designated COVID-19 Supervisor(s) must review this Directive and the
jobsite-specific Social Distancing Protocol with all workers and other persons at
the jobsite. The General Contractor is responsible for making sure this occurs.
c. The COVID-19 Supervisor must monitor and ensure implementation at the jobsite
of all requirements in this Directive, the jobsite-specific Social Distancing
Protocol, and the Order.
6. Seal Off Area of Construction Project from Other Parts of Occupied Sites
Where construction work occurs within an occupied residential or commercial building,
all of the following rules apply:
a. Work areas must, to the extent feasible, be sealed off from the remainder of the
building (and from the remainder of the unit, if work is performed within a
residential unit) with physical barriers such as plastic sheeting or closed doors
sealed with tape.
b. If possible, workers must access the work area from entry/exit door(s) different
from the entry/exit door(s) used by residents or occupants accessing the remainder
of the building that is not under construction.
c. Available windows and/or doors must be used to ventilate the work area during
the workday and any other times work is performed.
d. If residents or occupants have access to the work area between workdays, the
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 7 of 12
work area must be cleaned and sanitized at the beginning and at the end of
workdays.
e. Every effort must be taken to minimize contact between workers and residents or
occupants, including maintaining a minimum of at least 6 feet of social distancing
at all times.
7. Personal Protective Equipment (PPE)
The General Contractor must obtain, provide at no cost to workers, and require that all
workers use personal protective equipment (PPE) appropriate for use in construction,
including gloves, goggles, face shields, and face coverings as appropriate for the activity
being performed. Face coverings must be worn in compliance with the State’s mandatory
Guidance for the Use of Face Coverings and any additional directives issued by the
County Health Officer. At no time may medical-grade PPE be used at a construction site
unless it is required due to the medical nature of the jobsite or local, state, or federal
workplace safety requirements.
8. Social Distancing, Sanitizing, and other Measures
a. The General Contractor must:
i. Ensure compliance at the jobsite with the Order’s density limitations
except to the extremely limited extent a higher density is temporarily
necessary to safely carry out a specific job function.
1. The density limitations apply to all indoor areas where
construction work is actively being performed. Density limitations
do not apply to staging areas or lay-down areas that are separate
from the area where construction work is actively being performed.
ii. Stagger shifts, breaks, and trade-specific work as necessary to reduce
density and allow for easy maintenance of minimum 6-foot distancing.
Staggered shifts and breaks must comply with applicable wage and hour
laws.
1. All persons must maintain minimum 6-foot distancing except to
the extremely limited extent shorter distances are temporarily
necessary to safely carry out a specific job function.
iii. Eliminate or resolve “choke points” and “high-risk areas” where workers
are unable to maintain 6-foot social distancing. The General Contractor
must prohibit or limit use of these areas to ensure that 6-foot distance can
easily be maintained between individuals.
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 8 of 12
iv. If possible, ensure workers eat their meals and take their breaks outdoors,
and maintain social distancing during meals and breaks.
v. Prohibit gatherings of any size on the jobsite (except for meetings required
by this Directive), including gatherings for breaks or eating. Sharing of
any food or beverage is strictly prohibited.
vi. Cal-OSHA requires employers to provide water. Water must be provided
in single-serve containers.
vii. Prohibit use of microwaves, water coolers, and other similar shared
equipment.
b. Workers must:
i. Unless strictly necessary to carry out a job function, maintain at all times
at least 6-foot social distancing from fellow workers and all site visitors,
including delivery workers, design professionals and other project
consultants, government agency representatives (including building and
fire inspectors), and residents at residential construction sites.
ii. Not carpool to and from the jobsite except with others living within the
same household unit, or if necessary because they have no alternative
means of transportation. If workers from different households must
carpool, they must wear face coverings while riding together in the same
vehicle, sit at the greatest distance possible, and maintain ventilation by
keeping windows open as feasible.
9. Notice for Workers and Visitors of Required Practices
The General Contractor must prominently post a notice at all entrances to the jobsite
visible to all workers and visitors instructing workers and visitors to do the following:
a. Do not touch your face with unwashed hands or with gloves.
b. If equipment is shared, it must be fully sanitized before and after each use.
c. Wash your hands often with soap and water for at least 20 seconds each time, or
use hand sanitizer with at least 60% alcohol.
d. Clean and disinfect objects and surfaces you touch often, such as work stations,
keyboards, telephones, handrails, machines, shared tools, elevator control buttons,
and doorknobs.
e. Cover your mouth and nose with a tissue or cloth when you cough or sneeze, or
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 9 of 12
cough or sneeze into your elbow/sleeve – never into your hands.
f. Do not enter the jobsite if you have a fever, cough, or other COVID-19
symptoms. If you feel sick, or have been exposed to anyone who is sick, stay at
home.
g. Constantly make sure you are staying at least 6 feet away from co-workers at all
times, unless it is absolutely necessary to get closer to complete a task for the
construction project.
h. Do not carpool to and from the jobsite with anyone except members of your own
household, or if necessary because you have no alternative means of
transportation. If you carpool with people from another household, you must wear
a face covering while riding together in the same vehicle.
i. Do not share phones or PPE.
Posters conforming to this requirement are available for download at
https://www.sccgov.org/sites/covid19/Pages/learn-what-to-do-flyers.aspx.
10. Cooperate with County’s Case Investigation and Contact Tracing Efforts
The General Contractor must maintain a daily attendance log of all workers and visitors
at the jobsite that includes contact information (including name, phone number, address,
and email) and the date, time, and duration of each person’s presence at the jobsite. If
someone on the jobsite tests positive for COVID-19, the General Contractor is legally
required to assist the County Public Health Department in any case investigation and
contact tracing efforts.
11. Monitor and Inform Supervisors and Subcontractors of Revised Requirements
The General Contractor must regularly check for revisions to the Order, this Directive,
relevant industry-specific guidance published by the California Department of Public
Health, and other relevant rules or guidance. The General Contractor must inform all
jobsite supervisors (including the designated COVID-19 Supervisor(s), all field
supervisors, foremen, and safety directors) and all subcontractors of any revisions or
additions to the requirements for construction projects.
Additional Rules for Large Construction Projects
This section describes additional requirements that apply only to Large Construction Projects.
12. What is a Large Construction Project?
A “Large Construction Project” is a construction project that meets any of the following
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 10 of 12
specifications:
a. For residential projects, any single-family, multi-family, senior, student, or other
residential construction project consisting of 10 or more units; or
b. For commercial projects, any construction project consisting of 20,000 or more
square feet of floor area; or
c. For mixed-use construction projects, any construction project that meets either of
the specifications above in Subparagraphs (a) and (b); or
d. Any infrastructure project that requires 20 or more workers at the jobsite at any
one time.
13. COVID-19 Supervisor’s Additional Compliance, Monitoring, and Remediation
Responsibilities
a. The designated COVID-19 Supervisor must:
i. Conduct daily briefings in person (with proper social distancing) or by
teleconference that must cover the following topics:
1. New jobsite rules and pre-jobsite travel restrictions for the
prevention of COVID-19 community spread.
2. Review of sanitizing and hygiene procedures.
3. Worker feedback on improving safety and sanitizing.
4. Coordination of construction site daily cleaning/sanitization
requirements.
5. Any newly available information regarding COVID-19.
6. Emergency protocols in the event of an exposure or suspected
exposure to COVID-19.
ii. Each day, verify and record verification that each jobsite is compliant with
this Directive. The General Contractor must collect each written
verification, store them for at least 1 year, and make them immediately
available upon request to any County official.
iii. Conduct the following activities to make sure that the jobsite is ready to
fix any violations of this Directive:
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 11 of 12
1. Develop a remediation plan;
2. If any non-compliance is identified, ensure that the remediation
plan is implemented, and post the remediation plan at all entrances
to the jobsite during the remediation period;
3. Stop any construction activity until the jobsite is back in
compliance; and
4. Report repeated non-compliance with this Directive to the
appropriate jobsite supervisors and the permitting agency for the
local government where the project is located.
b. The General Contractor is responsible for making sure the designated COVID-19
Supervisor takes all of these steps.
14. Jobsite Safety Accountability Supervisor (JSAS)
The General Contractor must assign a COVID-19 Third-Party Jobsite Safety
Accountability Supervisor (JSAS) for the jobsite. The JSAS may not be an employee of
the General Contractor. The JSAS must at a minimum hold an OSHA-30 certificate and
first-aid training, or equivalent credentials, from within the past 2 years. The JSAS must
be trained in the requirements in this Directive and the jobsite-specific Social Distancing
Protocol and must verify compliance with those requirements, including by visual
inspection and random interviews with workers. The JSAS must inspect the jobsite as
often as needed to ensure consistent compliance, but not less than once per week. The
JSAS must inspect the jobsite during normal construction hours.
a. The General Contractor must prominently post a sign at all entrances to the
jobsite visible to all workers and visitors that clearly identifies the JSAS for the
jobsite by name and providing their phone number and email address.
b. Within 7 calendar days of each jobsite visit, the JSAS must complete a written
assessment identifying any failure to comply with this Directive. The written
assessment must be copied, stored, and, produced upon request to the County or
local permitting agency.
c. If the JSAS discovers that a jobsite is not in compliance with this Directive and
the jobsite-specific Social Distancing Protocol, the JSAS must work with the
designated COVID-19 Supervisor to develop and implement a remediation plan.
d. The JSAS must coordinate with the designated COVID-19 Supervisor to prohibit
continuation of any work activity not in compliance with this Directive or the
jobsite-specific Social Distancing Protocol. The JSAS must make sure that the
Mandatory Directive for Construction Projects (Order issued July 2, 2020) Page 12 of 12
work activity does not resume until the noncompliance is fixed and the continuing
work is compliant with this Directive.
e. The remediation plan must be sent to the local permitting agency and a designated
County official within 5 calendar days of the JSAS’s discovery of the failure to
comply.
15. Translation for Non-English-Speaking Workers
The General Contractor must translate (and, where otherwise required, post) all of the
following documents as necessary to ensure that all non-English-speaking workers are
able to understand the documents:
a. The Notice for Workers and Visitors of Required Practices described in Paragraph
9 (on page 8).
b. The remediation plan described in Paragraph 13.a.iii.1 (on page 11).
Stay Informed
For answers to frequently asked questions about this industry and other topics, please see the
FAQ page. Please note that this Directive may be updated. For up-to-date information on the
Health Officer Order, visit the County Public Health Department’s website at
www.sccgov.org/coronavirus.
2020 Reconstruction of Curbs, Gutters and Sidewalks INSTRUCTIONS TO BIDDERS
Project #2021-102 Page 4
Instructions to Bidders
Each Bid Proposal submitted to the City of Cupertino (“City”) for its 2020 Reconstruction of
Curbs, Gutters and Sidewalks (“Project”) must be submitted in accordance with the following
instructions and requirements:
1. Bid Submission.
1.1 General. The Contract for the Project will be awarded, if at all, to the lowest
responsible bidder, as determined by City. Each Bid Proposal must be signed, sealed and
submitted to City, using the form provided in the Contract Documents, by or before the date
and time set forth in Section 1 of the Notice Inviting Bids, or as amended by subsequent
addendum. Faxed or emailed Bid Proposals will not be accepted, unless otherwise
specified. Late submissions will be returned unopened. City reserves the right to postpone
the date or time for receiving or opening bids. Each bidder is solely responsible for all of its
costs to prepare and submit its bid and by submitting a bid waives any right to recover
those costs from City. The bid price(s) must include all costs to perform the Work as
specified, including all labor, material, supplies, and equipment and all other direct or
indirect costs such as applicable taxes, insurance and overhead.
1.2 Electronic Bid Submission.
All bids must be submitted in PDF format online at:
https://apps.cupertino.org/bidmanagement/index.aspx
Hard copies in any form will not be accepted. No faxed bids will be accepted. Electronic
submittals are the only form of bid that will be accepted.
Bidders may log into the application using the account to used to access bidding
documents. To submit a bid, open the project and select the Electronic Submission
tab. It is recommended that bidders familiarize themselves with the web application
prior to the bid due date. Make sure to follow all bid instructions and include all
required forms. Submitting a bid electronically can take more time than anticipated
so please allow enough time to finalize your bid submission by the stated deadline.
Bids in process but not completely uploaded by the deadline will automatically be
rejected by the system. It will not allow bid submissions once the bid closes.
1.3 DIR Registration. City will not accept a Bid Proposal from or enter into the Contract
with a bidder without proof that the bidder is registered with the DIR to perform public work
under Labor Code section 1725.5, subject to limited legal exceptions. If City is unable to
confirm that the bidder’s DIR registration is current at the time of bidding, City must
disqualify the bidder and return its bid. (Labor Code section 1725.5.)
2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed in ink using
the Bid Proposal form included with the Contract Documents. The Bid Proposal form must
be fully completed without interlineations, alterations, or erasures. Any necessary
corrections must be clear and legible, and must be initialed by the bidder’s authorized
representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,”
“will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be
accompanied by bid security, as set forth in Section 4 below, and by a completed Bid
Schedule, Subcontractor List, and Non-Collusion Declaration using the forms included with
the Project manual as directed.
2020 Reconstruction of Curbs, Gutters and Sidewalks INSTRUCTIONS TO BIDDERS
Project #2021-102 Page 5
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 payment and performance bonds for
100% of the maximum Contract Price; and submit the insurance certificates and
endorsements and any other submittals, if any, required by the Contract Documents or the
Notice of Award.
5. Bid Schedule. Each bidder must complete the Bid Schedule form with unit prices as
indicated, and submit the completed Bid Schedule with its Bid Proposal.
5.1 Incorrect Totals. In the event a computational error for any bid item (base bid or
alternate) results in an incorrect extended total for that item, the submitted base bid or bid
alternate total will be adjusted to reflect the corrected amount (as the product of the
estimated quantity and the unit cost), unless the cumulative amount of correction changes
the total amount of the base bid or bid alternate. In the event of a discrepancy between the
actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and
the amount entered as the base bid on the Bid Proposal form, the actual total of the
itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base
bid price. Likewise, in the event of a discrepancy between the actual total of the itemized or
unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the
alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid
Schedule for that alternate will be deemed the alternate price. Nothing in this provision is
intended to prevent a bidder from requesting to withdraw its bid for material error under
Public Contract Code section 5100 et seq.
5.2 Estimated Quantities. The quantities shown on the Bid Schedule are estimated and
the actual quantities required to perform the Work may be greater or less than the
estimated amount. The Contract Price will be adjusted to reflect the actual quantities
required for the Work based on the itemized or unit prices provided in the Bid Schedule,
with no allowance for anticipated profit for quantities that are deleted or decreased, and no
increase in the unit price.
6. Subcontractor Work Limits. The prime contractor must perform at least the percentage
of the Work on the Project specified in the Notice Inviting Bids, which is calculated as a
percentage of the base bid price, with its own forces, except for any Work identified as
“Specialty Work” in the Bid Schedule. The total bid amount for any such Specialty Work, as
shown on the Bid Schedule, may be deducted from the base bid price before computing the
percentage the contractor must self-performance. The remaining Work may be performed
by qualified Subcontractor(s).
7. Bidder’s Questionnaire. A completed, signed Bidder’s Questionnaire using the form
provided with the Contract Documents and including all required attachments must be
submitted within 2 working days following a request by City. A bid submitted by a bidder
that does not fully comply with this requirement may be rejected as nonresponsive. A
2020 Reconstruction of Curbs, Gutters and Sidewalks INSTRUCTIONS TO BIDDERS
Project #2021-102 Page 6
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 utility
owners.
8.3 Utilities. The Project must be completed in a manner that satisfies the standards
and requirements of any affected utility companies or agencies (collectively, “utility
owners”). The successful bidder may be required by the third party utility owners to provide
detailed plans prepared by a California registered civil engineer showing the necessary
temporary support of the utilities during coordinated construction work. Bidders are directed
to contact the affected third party utility owners about their requirements before submitting
a Bid Proposal.
2020 Reconstruction of Curbs, Gutters and Sidewalks INSTRUCTIONS TO BIDDERS
Project #2021-102 Page 7
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 Jo
Anne Johnson, Public Works Project Manager, at joannej@cupertino.org. Oral responses
are not authorized and are not binding on the City. Bidders should submit any such written
inquiries at least five working days before the scheduled bid opening. Questions received
any later might not be addressed before the bid deadline. An interpretation or clarification
by City in response to a written inquiry will be issued in an addendum.
11. Addenda and Plan Holder’s List. Any addenda issued prior to the bid opening are part
of the Contract Documents. Subject to the limitations of Public Contract Code section
4104.5, City reserves the right to issue addenda prior to bid time. Addenda will be posted
electronically on the City’s website at:
https://apps.cupertino.org/bidmanagement/Index.aspx Notifications will be transmitted to
registered plan holders thru City’s website. Contractors have the option to be included on
the plan holders list when downloading the project documents from the City’s website
only. Each bidder is solely responsible for ensuring it has received and reviewed all
addenda prior to submitting its bid. All bidders, including bidders on the plan holder’s list,
should regularly check City’s website for any addenda or updates on the Project.
12. Pre-Bid Substitution Requests. Any specification designating a material, product, thing,
or service by specific brand or trade name, followed by the words “or equal,” is intended
only to indicate quality and type of item desired, and bidders may request use of any equal
material, product, thing, or service. A pre-bid request for substitution must be submitted no
later than ten working days before the scheduled bid opening, using the City’s Substitution
Request Form. All data substantiating the proposed substitute as an equal item must be
submitted with the written request for substitution, and all such requests are subject to the
requirements and limitations applicable to substitution requests under Section 7.7 of the
General Conditions, on Substitutions. These substitution provisions do not apply to
materials, products, things, or services that may lawfully be designated by a specific brand
or trade name under Public Contract Code section 3400(c).
13. Withdrawal of Bid Proposals. A Bid Proposal may not be withdrawn for a period of 90
days after the bid opening without forfeiture of the bid security, except as authorized for
material error under Public Contract Code section 5100 et seq.
14. Bid Protest. Any bid protest against another bidder must be in writing and received by City
at 10300 Torre Ave or via email at joannej@cupertino.org before 5:00 p.m. no later than
two Working Days following bid opening (the “Bid Protest Deadline”) and must comply with
the following requirements:
2020 Reconstruction of Curbs, Gutters and Sidewalks INSTRUCTIONS TO BIDDERS
Project #2021-102 Page 8
14.1 Eligibility. Only a bidder who has actually submitted a responsive Bid Proposal, as
determined by City, is eligible to submit a bid protest against another bidder.
Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid
protest submitted by another bidder, but must timely pursue its own protest. If required by
City, the protesting bidder must submit a non-refundable fee in the amount specified by
City, based upon City’s reasonable costs to administer the bid protest. Any such fee must
be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For
purposes of this Section, a “Working Day” means a day that City is open for normal
business, and excludes weekends and holidays observed by City. Pursuant to Public
Contract Code section 4104, inadvertent omission of a Subcontractor’s DIR registration
number on the Subcontractor List form is not grounds for a bid protest provided it is
corrected within 24 hours of the bid opening or as otherwise provided under Labor Code
1771.1(b).
14.2 Protest Contents. The bid protest must contain a complete statement of the basis
for the protest and must include all supporting documentation. Material submitted after the
Bid Protest Deadline will not be considered. The protest must refer to the specific portion or
portions of the Contract Documents upon which the protest is based. The protest must
include the name, address, email address, and telephone number of the protesting bidder
and any person submitting the protest on behalf of or as an authorized representative of the
protesting bidder.
14.3 Copy to Protested Bidder. Upon submission of its bid protest to City, the protesting
bidder must also concurrently transmit the protest and all supporting documents to the
protested bidder, and to any other bidder who has a reasonable prospect of receiving an
award depending upon the outcome of the protest, by email or hand delivery to ensure
delivery before the Bid Protest Deadline.
14.4 Response to Protest. The protested bidder may submit a written response to the
protest, provided the response is received by City before 5:00 p.m., within two Working
Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is
sooner (the “Response Deadline”). The response must attach all supporting
documentation. Material submitted after the Response Deadline will not be considered. The
response must include the name, address, email address, and telephone number of the
person responding on behalf of or representing the protested bidder if different from the
protested bidder.
14.5 Copy to Protesting Bidder. Upon submission of its response to the bid protest to
the City, the protested bidder must also concurrently transmit by email or hand delivery, by
or before the Response Deadline, a copy of its response and all supporting documents to
the protesting bidder and to any other bidder who has a reasonable prospect of receiving
an award depending upon the outcome of the protest.
14.6 Exclusive Remedy. The procedure and time limits set forth in this section are
mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A
bidder’s failure to comply with these procedures will constitute a waiver of any right to
further pursue a bid protest, including filing a Government Code Claim or initiation of legal
proceedings.
14.7 Right to Award. City reserves the right, acting in its sole discretion, to reject any bid
protest that it determines lacks merit, to award the Contract to the bidder it has determined
to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to
Proceed with the Work notwithstanding any pending or continuing challenge to its
determination.
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15. Reservation of Rights. To the full extent permitted by law, City reserves the unfettered
right, acting in its sole discretion, to waive or to decline to waive any immaterial bid
irregularities; to accept or reject any or all bids; to cancel or reschedule the bid; to postpone
or abandon the Project entirely; or to perform all or part of the Work with its own forces. The
Contract will be awarded, if at all, within 90 days after opening of bids or as otherwise
specified in the Special Conditions, to the responsible bidder that submitted the lowest
responsive bid. Any planned start date for the Project, given in the Notice Inviting Bids is
provided as informative of City’s expectations at the time the Notice Inviting Bids was first
issued. City is not bound to issue a Notice to Proceed by or before such planned start date,
and it reserves the right to issue the Notice to Proceed when the City determines, in its sole
discretion, the appropriate time for commencing the Work. The City expressly disclaims
responsibility for any assumptions a bidder might draw from the presence or absence if
information provided by the City in any form. Each bidder is solely responsible for its costs
to prepare and submit a bid, including site investigation costs.
16. Bonds. The successful bidder is required to submit payment and performance bonds as
specified in the Contract Documents using the bond forms included in the Contract
Documents, within ten days following City’s issuance of the Notice of Award. All required
bonds must be calculated on the maximum total Contract Price as awarded, including
additive alternates, if applicable.
17. License(s). The successful bidder and its Subcontractor(s) must possess the California
contractor’s license(s) in the classification(s) required by law to perform the Work and must
also obtain a City Business License before beginning Work on the Project, unless its sole
business contact within the City is the sale of goods or services to the City itself.
18. Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public
works project under Labor Code sections 1777.1 or 1777.7 is prohibited from performing
work on the Project.
19. Safety Orders. If the Project includes construction of a pipeline, sewer, sewage disposal
system, boring and jacking pits, or similar trenches or open excavations, which are five feet
or deeper, each bid must include a bid item for adequate sheeting, shoring, and bracing, or
equivalent method, for the protection of life or limb, which comply with safety orders as
required by Labor Code section 6707.
END OF INSTRUCTIONS TO BIDDERS
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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.
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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.
2020 Reconstruction of Curbs, Gutters and Sidewalks GENERAL CONDITIONS
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Plans means the City provided plans, drawings, details, or graphical depictions of the Project
requirements, but does not include Shop Drawings.
Project means the public works project referenced in the Contract.
Project Manager means the individual designated by City to oversee and manage the Project on
City’s behalf and may include his or her authorized delegee(s) when the Project Manager is
unavailable. If no Project Manager has been designated for this Project, any reference to Project
Manager is deemed to refer to the Engineer.
Recoverable Costs is defined in Section 5.3(F), Recoverable Costs.
Request for Information or RFI means Contractor’s written request for information about the
Contract Documents, the Work or the Project, submitted to City in the manner and format
specified by City.
Section when capitalized in these General Conditions, means a numbered section or subsection
of the General Conditions, unless the context clearly indicates otherwise.
Shop Drawings means drawings, plan details or other graphical depictions prepared by or on
behalf of Contractor, and subject to City acceptance, which are intended to provide details for
fabrication, installation, and the like, of items required by or shown in the Plans or Specifications.
Specialty Work means Work that must be performed by a specialized Subcontractor with the
specified license or other special certification, and that the Contractor is not qualified to self-
perform.
Specifications means the technical, text specifications describing the Project requirements,
which are prepared for and incorporated into the Contract by or on behalf of City, and does not
include the Contract, General Conditions or Special Conditions.
Subcontractor means an individual, partnership, corporation, or joint-venture retained by
Contractor directly or indirectly through a subcontract to perform a specific portion of the Work.
The term Subcontractor applies to subcontractors of all tiers, unless otherwise indicated by the
context. A third part such as a utility performing related work on the Project is not a
Subcontractor, even if Contractor must coordinate its Work with the third party.
Technical Specifications has the same meaning as Specifications.
Work means all of the construction and services necessary for or incidental to completing the
Project in conformance with the requirements of the Contract Documents.
Work Day or Working Day, whether or not capitalized, means a weekday when the City is open
for business, and does not include holidays observed by the City or furlough days when City staff
is unavailable. If a holiday falls on a Saturday, the preceding Friday will be the holiday. If a
holiday falls on a Sunday, the following Monday will be the holiday.
Holidays observed by the City and furlough days are:
a. New Year’s Day, January 1;
b. Martin Luther King Jr.’s Birthday, third Monday in January;
c. Lincoln’s Birthday, February 12;
d. Presidents’ Day, third Monday in February;
e. Memorial Day, last Monday in May;
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f. Independence Day, July 4;
g. Labor Day, first Monday in September;
h. Veterans’ Day, November 11;
i. Thanksgiving Day, as designated by the President;
j. The Day following Thanksgiving Day;
k. Christmas Day, December 25;
l. City Closure, December 24, 26, 27,28,29,30 and 31: and
m. Each day appointed by the Governor of California and formally recognized by the Santa
Clara County Board of Supervisors as a day of mourning, thanksgiving, or special
observance.
Worksite means the place or places where the Work is performed, which includes, but may
extend beyond the Project site, including separate locations for staging, storage or fabrication.
Article 2 - Roles and Responsibilities
2.1 City.
(A) City Council. The City Council has final authority in all matters affecting the
Project, except to the extent it has delegated authority to the Engineer.
(B) Engineer. The Engineer, acting within the authority conferred by the City
Council, is responsible for administration of the Project on behalf of City, including
authority to provide directions to the Design Professional and to Contractor to ensure
proper and timely completion of the Project. The Engineer’s decisions are final and
conclusive within the scope of his or her authority, including interpretation of the Contract
Documents.
(C) Project Manager. The Project Manager assigned to the Project will be the
primary point of contact for the Contractor and will serve as City’s representative for daily
administration of the Project on behalf of City. Unless otherwise specified, all of
Contractor’s communications to City (in any form) will go to or through the Project
Manager. City reserves the right to reassign the Project Manager role at any time or to
delegate duties to additional City representatives, without prior notice to or consent of
Contractor.
(D) Design Professional. The Design Professional is responsible for the overall
design of the Project and, to the extent authorized by City, may act on City’s behalf to
ensure performance of the Work in compliance with Plans and Specifications, including
any design changes authorized by Change Order. The Design Professional’s duties may
include review of Contractor’s submittals, visits to any Worksite, inspecting the Work,
evaluating test and inspection results, and participation in Project-related meetings,
including any pre-construction conference, weekly meetings, and coordination meetings.
The Design Professional’s interpretation of the Plans or Specifications is final and
conclusive.
2.2 Contractor.
(A) General. Contractor must provide all labor, materials, supplies equipment,
services and incidentals necessary to perform and timely complete the Work in strict
accordance with the Contract Documents, and in an economical and efficient manner in
the best interests of City, and with minimal inconvenience to the public.
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(B) Responsibility for the Work and Risk of Loss. Contractor is responsible for
supervising and directing all aspects of the Work to facilitate the efficient and timely
completion of the Work. Contractor is solely responsible for and required to exercise full
control over the Work, including the construction means, methods, techniques,
sequences, procedures, safety precautions and programs, and coordination of all
portions of the Work with that of all other contractors and Subcontractors, except to the
extent that the Contract Documents provide other specific instructions. Contractor’s
responsibilities extend to any plan, method or sequence suggested, but not required by
City or specified in the Contract Documents. From the date of commencement of the
Work until either the date on which City formally accepts the Project or the effective date
of termination of the Contract, whichever is later, Contractor bears all risks of injury or
damage to the Work and the materials and equipment delivered to any Worksite, by any
cause including fire, earthquake, wind, weather, vandalism or theft.
(C) Project Administration. Contractor must provide sufficient and competent
administration, staff, and skilled workforce necessary to perform and timely complete the
Work in accordance with the Contract Documents. Before starting the Work, Contractor
must designate in writing and provide complete contact information, including telephone
numbers and email address, for the officer or employee in Contractor’s organization who
is to serve as Contractor’s primary representative for the Project, and who has authority
to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary
representative.
(D) On-Site Superintendent. Contractor must, at all times during performance of the
Work, provide a qualified and competent full-time superintendent acceptable to City, and
assistants as necessary, who must be physically present at the Project site while any
aspect of the Work is being performed. The superintendent must have full authority to act
and communicate on behalf of Contractor, and Contractor will be bound by the
superintendent’s communications to City. City’s approval of the superintendent is
required before the Work commences. If City is not satisfied with the superintendent’s
performance, City may request a qualified replacement of the superintendent. Failure to
comply may result in temporary suspension of the Work, at Contractor’s sole expense
and with no extension of Contract Time, until an approved superintendent is physically
present to supervise the Work. Contractor must provide written notice to City, as soon as
practicable, before replacing the superintendent.
(E) Standards. Contractor must, at all times, ensure that the Work is performed in
an efficient, skillful manner following best practices and in full compliance with the
Contract Documents and Laws and applicable manufacturer’s recommendations.
Contractor has a material and ongoing obligation to provide true and complete
information, to the best of its knowledge, with respect to all records, documents, or
communications pertaining to the Project, including oral or written reports, statements,
certifications, Change Order requests, or Claims.
(F) Meetings. Contractor, its project manager, superintendent, and any primary
Subcontractors and suppliers requested by City, must attend a Preconstruction
Conference before beginning Work on the Project, and will also be required to attend
regular progress meetings, as further specified below. City will notify Contractor in
advance of the date, time, place and required attendees for the Preconstruction
Conference and progress meetings and will provide and administer the agenda.
Contractor is responsible for notifying its major Subcontractors and suppliers, and other
required attendees, as applicable, of the date, time and place for the Preconstruction
Conference and progress meetings; for providing them with the City’s agenda; and for
requiring their attendance at these meetings. If applicable, Contractor may also be
required to participate in coordination meetings with other parties relating to other work
2020 Reconstruction of Curbs, Gutters and Sidewalks GENERAL CONDITIONS
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being performed on or near the Project site or in relation to the Project, including work or
activities performed by City, other contractors, or other utility owners.
(1) Preconstruction Conference. The Preconstruction Conference agenda items
may include schedules, personnel and vehicle permit procedures, use of the
premises, locations for staging area(s) and jobsite trailers, security,
housekeeping, submittal and RFI procedures, Project forms and procedures,
inspection and testing procedures, utility shutdown procedures, control and
reference point procedures, injury and illness prevention program, Contractor’s
schedule of values, Contractor’s schedule of submittals, and such other matters
that the City deems necessary to address before the Work begins.
(2) Progress Meetings. During the course of the Project, progress meetings will
be conducted on a weekly basis by the City and at Contractor’s on-site office,
unless otherwise specified. Progress meeting agenda items may include review
of past meeting minutes, review of Work in progress since previous progress
meeting, schedule status and updates, status of submittals or change orders,
worker safety, and other such matters pertaining to the progress of the Work.
(G) Responsible Party. Contractor is solely responsible to City for the acts or
omissions of any Subcontractors, or any other party or parties performing portions of the
Work or providing equipment, materials or services for or on behalf of Contractor or the
Subcontractors. Upon City’s written request, Contractor must promptly and permanently
remove from the Project, at no cost to City, any employee or Subcontractor or employee
of a Subcontractor who the Engineer has determined to be incompetent, intemperate or
disorderly, or who has failed or refused to perform the Work as required under the
Contract Documents.
(H) Correction of Defects. Contractor must promptly correct, at Contractor’s sole
expense, any Work that is determined by City to be deficient or defective in any way,
including workmanship, materials, parts or equipment. Workmanship, materials or
equipment that do not conform to the requirements under the Plans, Specifications and
every other Contract Document, as determined by City, will be considered defective and
subject to rejection. Contractor must also promptly correct, at Contractor’s sole expense,
any Work performed beyond the lines and grades shown on the Plans or established by
City, and any Extra Work performed without City’s prior written approval. If Contractor
fails to correct or to take reasonable steps toward correcting defective Work within five
days following notice from City, or within the time specified in City’s notice to correct, City
may elect to have the defective Work corrected by its own forces or by a third party, in
which case the cost of correction will be deducted from the Contract Price. If City elects
to correct defective Work due to Contractor’s failure or refusal to do so, City or its agents
will have the right to take possession of and use any equipment, supplies, or materials
available at the Project site or any Worksite on City property, in order to effectuate the
correction, at no extra cost to City. Contractor’s warranty obligations under Section 11.2,
Warranty, will not be waived nor limited by City’s actions to correct defective Work under
these circumstances. Alternatively, City may elect to retain defective Work, and deduct
the difference in value, as determined by the Engineer, from payments otherwise due to
Contractor. This paragraph applies to any defective Work performed by Contractor during
the one-year warranty period under Section 11.2.
(I) Contractor’s Records. Contractor must maintain all of its records relating to the
Project in any form, including paper documents, photos, videos, electronic records,
approved samples, and the construction records required pursuant to paragraph (K),
below. Project records subject to this provision include, but are not limited to, Project cost
records and records relating to preparation of Contractor’s bid, including estimates, take-
offs, and price quotes or bids.
2020 Reconstruction of Curbs, Gutters and Sidewalks GENERAL CONDITIONS
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(1) Contractor’s cost records must include all supporting documentation,
including original receipts, invoices, and payroll records, evidencing its direct
costs to perform the Work, including, but not limited to, costs for labor, materials
and equipment. Each cost record should include, at a minimum, a description of
the expenditure with references to the applicable requirements of the Contract
Documents, the amount actually paid, the date of payment, and whether the
expenditure is part of the original Contract Price, related to an executed Change
Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure
to comply with this provision as to any claimed cost operates as a waiver of any
rights to recover the claimed cost.
(2) Contractor must continue to maintain its Project-related records in an
organized manner for a period of five years after City’s acceptance of the Project
or following Contract termination, whichever occurs first. Subject to prior notice
to Contractor, City is entitled to inspect or audit any of Contractor’s Project
records relating to the Project or to investigate Contractor’s plant or equipment
during Contractor’s normal business hours. The record-keeping requirements set
forth in this subsection 2.2(I) will survive expiration or termination of the Contract.
(J) Copies of Contract Documents. Contractor and its Subcontractors must keep
copies, at the Project site, of all Work-related documents, including the Contract,
permit(s), Plans, Specifications, Addenda, Contract amendments, Change Orders, RFIs
and RFI responses, Shop Drawings, as-built drawings, schedules, daily reports, testing
and inspection reports or results, and any related written interpretations. These
documents must be available to City for reference at all times during construction of the
Project.
(K) Construction Records. Contractor will maintain up-to-date, thorough, legible,
and dated daily job reports, which document all significant activity on the Project for
each day that Work is performed on the Project. The daily report for each day must
include the number of workers at the Project site; primary Work activities; major
deliveries; problems encountered, including injuries, if any; weather and site conditions;
and delays, if any. Contractor will take date and time-stamped photographs to document
general progress of the Project, including site conditions prior to construction activities,
before and after photographs at offset trench laterals, existing improvements and
utilities, damage and restoration. Contractor will maintain copies of all subcontracts,
Project-related correspondence with subcontractors, and records of meetings with
Subcontractors. Upon request by the City, Contractor will permit review of and/or
provide copies of any of these construction records.
2.3 Subcontractors.
(A) General. All Work which is not performed by Contractor with its own forces must
be performed by Subcontractors. City reserves the right to approve or reject any and all
Subcontractors proposed to perform the Work, for reasons including the subcontractor’s
poor reputation, lack of relevant experience, financial instability, and lack of technical
ability or adequate trained workforce
(B) Contractual Obligations. Contractor must require each Subcontractor to
comply with the provisions of the Contract Documents as they apply to the
Subcontractor’s portion(s) of the Work, including the generally applicable terms of the
Contract Documents, and to likewise bind their subcontractors. Contractor will provide
that the rights that each Subcontractor may have against any manufacturer or supplier for
breach of warranty or guarantee relating to items provided by the Subcontractor for the
Project, will be assigned to City.. Nothing in these Contract Documents creates a