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20-142 Amendment #1 04-21-20211 FIRST AMENDMENT TO AGREEMENT 156 BETWEEN THE CITY OF CUPERTINO AND NOR-CAL SPECIALTIES FOR MEMORIAL PARK PLAYGROUND RESTROOM PARTITION REPLACEMENT This First Amendment to Agreement 156 between the City of Cupertino and Nor-Cal Specialties, for reference dated November 5, 2020, is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Nor-Cal Specialties, a Corporation (“Contractor”) whose address is1330 N 4th St, San Jose, CA 95112, and is made with reference to the following: RECITALS: A. On November 5, 2020 Agreement 156 (“Agreement”) was entered into by and between City and Contractor for Memorial Park Playground Restroom Partition Replacement. B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 3.1 of the Agreement is modified to read as follows: This Contract begins on Effective Date and ends on July 31, 2021 (“Contract Time”) unless terminated earlier as provided herein. Contractor’s Work shall begin on the date shown on a written Notice to Proceed (“NTP”) and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The city Engineer will not issue a NTP until the Contract is fully executed by both parties and city has received satisfactory proof of insurance and any performance and payment bonds that may be required. The Director of Public Woks may authorized the extension of the Contract Time by up to sixty (60) calendar days through a written amendment to this Agreement, provided such extension does not include additional contract funds. 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. [Signatures continue on next page.] 2 CITY OF CUPERTINO By Title Date APPROVED AS TO FORM City Attorney ATTEST: City Clerk Date NOR-CAL SPECIALTIES By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount - - 0.00 ALyssa Diaz Admin Apr 16, 2021 Heather M. Minner Apr 21, 2021 Fleet and Facilities Supervisor Apr 21, 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 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 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 1/20 Mandator y Directive for Construction Projects Mandatory Directive for Construction Projects – PDF: English  | Spanish  | Vietnamese  | Chinese  | Tagalog  | *Please confirm that your facility and/or construction project jobsite may open under the State Order. Where there is a dierence 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.* Information on the State’s Order and State guidance is available at covid19.ca.gov. Issued: July 7, 2020 Revised: October 13, 2020 If you think you are sick County Services During COVID-19 Eviction Moratorium Information Healthcare Provider Information Frequently Asked Questions and Ask a Question Home I am searching for... How Do I...Public Health Orders COVID-19 Data Learn What to Do Businesses and Workplaces Our County Response News Archives FREE COVID-19 Testing COVID-19 Vaccine Quick Links 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 2/20 On August 28, 2020, the State released its Blueprint for a Safer Economy (“Blueprint”), a statewide system of COVID-19 restrictions. Santa Clara County is currently in Tier Three (Orange) of the Blueprint. Under the Blueprint, construction ser vices may operate in Tier Three counties, including Santa Clara County. See the Statewide Public Health Oicer Order here and the State’s Blueprint here . These businesses must follow the mandatory requirements in this Directive, the State and County Health Oicer Orders, and the State’s COVID-19 Industr y Guidance documents, including the State’s COVID-19 Industry Guidance for Construction available here. While the construction industr y is critical to ensuring a safe and suicient 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, oen 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 Share a Concern 2-1-1 for Coronavirus Questions CDPH Novel Coronavirus Info CDC Novel Coronavirus Updates 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 3/20 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 Oicer’s Order issued on October 5, 2020 (“Order”). Construction projects must comply with the Order and all requirements of this Directive. The Order Issued October 5 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 and governmental entities must fill out and submit a Revised Social Distancing Protocol within 14 days of the Order’s eective date.  The Revised Social Distancing Protocol must be filled out using an updated template, which will be available here .  The Protocol is submitted under penalty of perjur y, 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 oicials who are enforcing the Order. For any business that only performs 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 4/20 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 ser ves 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 and government entities 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 aer online submission of the Revised Social Distancing Protocol. The Revised Social Distancing Protocol specifies additional signage requirements. 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 5/20 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 must wear face coverings at all times specified in the California Department of Public Health’s mandatory Guidance for the Use of Face Coverings (“Face Covering Guidance”) and in any specific directives issued by the County Health Oicer. Further, even where not required under State or local guidance and orders, face coverings should be worn to the maximum extent possible (1) when indoors and not in one’s own residence and (2) whenever outdoors and within six feet of anyone outside one’s own household. Face coverings must be worn even while working at a construction project unless if it would create a risk to the person related to their work, in accordance with local, state, or federal workplace safety guidelines. Capacity Limitation: All businesses must limit the number of people inside a facility at the same time ensure that everyone is able to maintain at least 6 feet of social distance from everyone outside their household at all times.  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. 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 6/20 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 o 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. e. The worker must frequently wash hands with soap and water for at least 20 seconds or use 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 7/20 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 oicial. 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 10.* 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 Revised 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 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 8/20 construction jobsite is performed in compliance with the Order, this Directive, and the jobsite-specific Revised Social Distancing Protocol. c. The General Contractor must train its workers to comply with the Order, this Directive, and the jobsite-specific Revised Social Distancing Protocol. d. Subcontractors do not need to submit their own jobsite-specific Revised 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; ii. the subcontractor has reviewed the General Contractor’s jobsite-specific Revised Social Distancing Protocol and trained its workers on that Protocol; and iii. the subcontractor has completed and submitted its own Revised 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 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 9/20 General Contractor must immediately implement the jobsite-specific Revised 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 Revised Social Distancing Protocol. 3. Cleaning Aer 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 Revised Social Distancing Protocol, and any other laws and 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 10/20 regulations that apply to the work (for example, OSHA and Cal-OSHA requirements). If there is a conflict in what dierent 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 Revised Social Distancing Protocol, this Directive, and all other applicable laws and regulations. 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 Revised Social Distancing Protocol, or that the General Contractor has failed to require others to comply. Complaints may be filed at www.sccCOVIDconcerns.org or by calling the County Oice of Labor Standards Enforcement Advice Line at 866-870-7725. 5. Designated COVID-19 Supervisor(s) a. The General Contractor must designate a site-specific COVID-19 Super visor or Supervisors to enforce the jobsite-specific Revised 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 ser ve in this role.  The General Contractor must prominently post a sign at all entrances to the jobsite clearly identifying the COVID-19 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 11/20 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 Revised 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 Revised Social Distancing Protocol, and the Order. 6. Seal O 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 o 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) dierent from the entr y/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 work area 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 12/20 must be cleaned and sanitized at the beginning and at the end of workdays. e. Ever y eort must be taken to minimize contact between workers and residents or occupants, including maintaining a minimum of at least 6 feet of social distance 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 Face Covering Guidance for the Use of Face Coverings and any additional directives issued by the County Health Oicer.  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 and other Measures a. The General Contractor must: Ensure that workers are able to maintain at least 6 feet social distance at all times, except as strictly and temporarily necessary to safely carry out a specific job function. i. This may require staggering shis, breaks, and trade-specific work as necessar y to reduce density and allow for easy maintenance of at least 6 feet of social distancing. Staggered shis and breaks must comply with applicable wage and hour laws. 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 13/20 ii. Eliminate or resolve “choke points” and “high-risk areas” where workers are unable to maintain at least 6 feat of social distance. The General Contractor must prohibit or limit use of these areas to ensure that 6 feet of social distance can easily be maintained between individuals. iii. If possible, ensure workers eat their meals and take their breaks outdoors, and maintain social distancing during meals and breaks. iv. 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. v. Cal-OSHA requires employers to provide water. Water must be provided in single-ser ve containers. vi. 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 feet of social distance at all times 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, or if necessary 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 14/20 because they have no alternative means of transportation. If workers from dierent 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 aer each use. c. Wash your hands oen 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 oen, 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 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. 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 15/20 g. Constantly make sure you are staying at least 6 feet away from co-workers at all times, unless it is absolutely necessar y to get closer to safely 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/l earn-what-to-do-flyers.aspx . 10. Cooperate with County’s Case Investigation and Contact Tracing Eorts 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 eorts. 11. Monitor and Inform Supervisors and Subcontractors of Revised Requirements The General Contractor must regularly check for revisions to the Order, this Directive, relevant 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 16/20 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, forepersons, 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 specifications: a. For residential projects, any single-family, multi-family, senior, student, or other residential construction project consisting of 10 or more units; b. For commercial projects, any construction project consisting of 20,000 or more square feet of floor area; 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: 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 17/20 i. Conduct daily briefings in person (with proper social distancing) or by teleconference that must cover the following topics: A. New jobsite rules and pre- jobsite travel restrictions for the prevention of COVID-19 community spread. B. Review of sanitizing and hygiene procedures. C. Worker feedback on improving safety and sanitizing. D. Coordination of construction site daily cleaning /sanitization requirements. E. Any newly available information regarding COVID-19. F. 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 oicial. iii. Conduct the following activities to make sure that the jobsite is ready to fix any violations of this Directive: G. Develop a remediation plan; H. If any non-compliance is identified, ensure that the remediation plan is implemented, and post the 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 18/20 remediation plan at all entrances to the jobsite during the remediation period; I. Stop any construction activity until the jobsite is back in compliance; and J. 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 oen 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 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 19/20 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 Revised Social Distancing Protocol, the JSAS must work with the designated COVID-19 Super visor to develop and implement a remediation plan. d. The JSAS must coordinate with the designated COVID-19 Super visor to prohibit continuation of any work activity not in compliance with this Directive or the jobsite-specific Revised Social Distancing Protocol. The JSAS must make sure that the 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 oicial 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 3/8/2021 Mandatory Directive for Construction Projects - Novel Coronavirus (COVID-19) - County of Santa Clara https://www.sccgov.org/sites/covid19/Pages/Archive/mandatory-directives-construction.aspx 20/20 (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 Oicer Order, visit the County Public Health Department’s website at www.sccgov.org /coronavirus . 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