21-013 Redwood Engineering Construction, Regnart Creek Trail Project, Project No. 2020-13
Regnart Creek Trail Project CONTRACT
2020-13 Page 1
Contract
This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”), a
municipal corporation, and Redwood Engineering Construction (“Contractor”), for work on the
Regnart Creek Trail Project (“Project”).
The parties agree as follows:
1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a
Bid Proposal and accompanying Bid Schedule, a copy of which is attached for convenience
as Exhibit A, to perform the Work to construct the Project. On November 17, 2020, City
authorized award of this Contract to Contractor for the amount set forth in Section 4, below.
2. Contract Documents. The Contract Documents incorporated into this Contract include
and are comprised of all of the documents listed below. The definitions provided in Article 1
of the General Conditions apply to all of the Contract Documents, including this Contract.
2.1 Notice Inviting Bids;
2.2 Instructions to Bidders;
2.3 Addenda, if any;
2.4 Bid Proposal and attachments thereto;
2.5 Contract;
2.6 Payment and Performance Bonds;
2.7 General Conditions;
2.8 Special Conditions;
2.9 Project Plans and Specifications;
2.10 Change Orders, if any;
2.11 Notice of Potential Award;
2.12 Notice to Proceed; and
2.13 The following: No Other Documents
3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project,
as specified in the Contract Documents. Contractor must provide, furnish, and supply all
things necessary and incidental for the timely performance and completion of the Work,
including all necessary labor, materials, supplies, tools, equipment, transportation, onsite
facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor
must use its best efforts to diligently prosecute and complete the Work in a professional
and expeditious manner and to meet or exceed the performance standards required by the
Contract Documents.
4. Payment. As full and complete compensation for Contractor’s timely performance and
completion of the Work in strict accordance with the terms and conditions of the Contract
Documents, City will pay Contractor $1,379,575.00 (“Contract Price”) for all of Contractor’s
direct and indirect costs to perform the Work, including all labor, materials, supplies,
equipment, taxes, insurance, bonds and all overhead costs, in accordance with the
payment provisions in the General Conditions.
5. Time for Completion. Contractor will fully complete the Work for the Project within 306
calendar days from the commencement date given in the Notice to Proceed (“Contract
Time”). By signing below, Contractor expressly waives any claim for delayed early
completion.
6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time,
City will assess liquidated damages in the amount of $1,500.00 per day for each day of
Regnart Creek Trail Project CONTRACT
2020-13 Page 2
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 § 1725.5,
subject to limited legal exceptions.
8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this
Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code §
3700 which require every employer to be insured against liability for workers’ compensation
or to undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the Work on this
Contract.”
9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not
have, maintain or acquire a conflict of interest in relation to this Contract in violation of any
City ordinance or requirement, or in violation of any California law, including Government
Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000
et seq. and its accompanying regulations. Any violation of this Section constitutes a
material breach of the Contract.
10. Independent Contractor. Contractor is an independent contractor under this Contract and
will have control of the Work and the means and methods by which it is performed. Contractor
and its Subcontractors are not employees of City and are not entitled to participate in any health,
retirement, or any other employee benefits from City.
11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents
must be made in writing, signed, dated and sent to the other party by personal delivery,
U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed
effective upon delivery, except that service by U.S. Mail is deemed effective on the second
working day after deposit for delivery. Notice for each party must be given as follows:
City:
City of Cupertino
Public Works Department
10300 Torre Avenue
Cupertino, California, 95014
Phone: (408) 777-3354
Attn: Director of Public Works
Regnart Creek Trail Project CONTRACT
2020-13 Page 3
Email: rogerl@cupertino.org
Copy to: Project Manager
davids@cupertino.org
Contractor:
Name: Redwood Engineering Construction
Address: 416 D Street
City/State/Zip: Redwood City, CA 94063
Phone: 925-819-2960
Attn: Benedict Cerney
Email: ben@redwoodengineeringcon.com
12.General Provisions.
12.1 Assignment and Successors. Contractor may not assign its rights or obligations
under this Contract, in part or in whole, without City’s written consent. This Contract
is binding on Contractor’s and City’s lawful heirs, successors and permitted
assigns.
12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this
Contract.
12.3 Governing Law and Venue. This Contract will be governed by California law and
venue will be in the Santa Clara County Superior Court, and no other place.
Contractor waives any right it may have pursuant to Code of Civil Procedure § 394,
to file a motion to transfer any action arising from or relating to this Contract to a
venue outside of 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 is determined to be
illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the
Contract Documents will remain in full force and effect.
12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor
certifies, by signing below, that it is not identified on a list created under the Iran
Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person
engaging in investment activities in Iran, as defined in the Act, or is otherwise
expressly exempt under the Act.
12.8 Authorization. Each individual signing below warrants that he or she is authorized
to do so by the party that he or she represents, and that this Contract is legally
binding on that party. If Contractor is a corporation, signatures from two officers of
the corporation are required pursuant to California Corporation Code § 313.
Regnart Creek Trail Project CONTRACT
2020-13 Page 4
The parties agree to this Contract as witnessed by the signatures below:
CONTRACTOR
Redwood Engineering Construction CITY OF CUPERTINO
<insert full name of Contractor above> A Municipal Corporation
By
Name_______________________
Title
Date _______________________
By
Name_______________________
Title
Date _______________________
By ___________________________
Deborah L. Feng
City Manager
Date ________________________
APPROVED AS TO FORM:
By ____________________________
Name__________________________
City Attorney
Date___________________________
ATTEST:
_____________________________
Kirsten Squarcia
City Clerk
Date____________________________
Contract Amount: $1,379,575.00
P.O. No. ________________________
Account No. 420-99-036 900-905
END OF CONTRACT
Benedict C Cerney
President
Jan 21, 2021
Benedict C Cerney
Heather M. Minner
Jan 21, 2021
Heather M. Minner
Deb Feng
Jan 22, 2021
Jan 22, 2021
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
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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
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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
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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.
Regnart Creek Trail Project
Final Audit Report 2021-01-22
Created:2021-01-21
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA1l39KuCB006CpMFrs3vegOhzSkR6bvWe
"Regnart Creek Trail Project" History
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