Gilroy City Council
August 17, 2026

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01035-81
negotiations with the utility company and the work will be done at no cost to the Contractor.

Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs.
***END OF SECTION***

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01035-82
SECTION 00800

MODIFICATIONS TO GENERAL CONDITIONS

1.0 CONTRACT ADMINISTRATION
The following are designated:

1.1 Construction Manager
Ryan Osenton, City of Gilroy, 7351 Rosanna Street, Gilroy, CA 95020, (408) 846-0277

1.2 Name of City’s Representative
Ryan Osenton, City of Gilroy, 7351 Rosanna Street, Gilroy, CA 95020, (408) 846-0277

2.0 TIME ALLOWED FOR COMPLETION
In accordance with the provisions of Paragraph 00700-6.2, Time of Completion, substantial completion of this project shall be completed within forty five (45) working days from the effective date of the Notice to Proceed. The contactor shall complete procurement of all materials needed for the project within fifteen (15) working days of the Notice to Proceed. The contractor shall complete the project within sixty (60) working days of the completion of the procurement process.

Installation of the fence shall not begin until all materials have been procured unless otherwise approved by the Construction Manager.

3.0 DAMAGES FOR DELAYS
In accordance with the provisions of Paragraph 00700-6.5, Liquidated Damages, for the period of time that any portion of the work remains unfinished after the time fixed for completion in the Contract documents, as modified by extensions of time granted by the City, it is understood and agreed by the Contractor and the City that the Contractor shall pay the City $2,800.00 per day liquidated damages.

4.0 WEATHER DAYS
In accordance with the provisions of Paragraph 00700-6.4.2.c, Weather Delays, an allowance of two (2) calendar days of weather caused delay is provided for in the time allowed for completion stated in Paragraph 2.0 above. Contract time extensions for weather caused delays will not be considered until this allowance is spent.
***END OF SECTION***

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01035-83
SECTION 00810

LIABILITY AND INSURANCE REQUIREMENTS

1.0 INDEMNIFICATION
To the fullest extent permitted by applicable laws and regulations, the Contractor shall indemnify, defend and hold harmless the City, the Construction Manager, and their officers, directors, agents, and employees, against and from all liability or claims arising under, by reason of or incidentally to the Contract Documents and/or performance of the Work, but not from the sole negligence or willful misconduct of the City and/or the Construction Manager, or their agents, servants, or independent contractors who are directly responsible to the City or the Construction Manager. As used herein, the words liability or claims shall mean all liabilities, claims, costs, expenses, losses and damages, including without limitation actual attorney’s fees and legal costs. Such obligations of the Contractor shall include but not be limited to the following:

A. Liability or claims resulting directly or indirectly from the negligence or carelessness of the Contractor or Contractors Agents in the performance of the Work, or in guarding or maintaining the same, or from any improper materials, implements, or appliances used in its construction, or by or on account of any act or omission of the Contractor or Contractors Agents; B. Liability or claims arising directly or indirectly from bodily injury, occupational sickness or disease, or death of the Contractors or a Subcontractors own employees engaged in the Work resulting in actions brought by or on behalf of such employees against the City and/or the Construction Manager; C. Liability or claims arising directly or indirectly from or based on the violation of any laws or regulations, whether by the Contractor or Contractors Agents; D. Liability or claims arising directly or indirectly from the use or manufacture by the Contractor or Contractors Agents in the performance of the Work of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance, unless otherwise specifically stipulated in this Contract;
E. Liability or claims arising directly or indirectly from the breach of any warranties, whether express or implied, made to the City or any other parties by the Contractor or Contractors Agents;
F. Liabilities or claims arising directly or indirectly from the willful misconduct of the Contractor or Contractors Agents;
G. Liabilities or claims arising directly or indirectly from any breach by the Contractor or Contractors Agents of any terms, covenants or provisions contained in the Contract Documents.

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01035-84
The Contractor shall reimburse the City and the Construction Manager for all costs and expenses (including but not limited to fees and charges of Construction Manager, architects, attorneys, and other professionals and court costs) incurred by said City and the Construction Manager in enforcing the provisions of this Paragraph 00810-1.0, Indemnification.

The indemnification obligation under this Paragraph 00810-1.0, Indemnification, shall not be limited in any way by any limitation of the amount or type of damages, compensation, or benefits payable by or for the Contractor or any such Subcontractor or other person or organization under Workers Compensation Acts, Disability Benefit Acts, or other employee benefit acts, or by the coverage of any insurance maintained by Contractor or any such Subcontractor.

All obligations of Contractor under the Contract Documents, including without limitation this Paragraph 00810-1.0, Indemnification to indemnify, defend and hold the City, the Construction Manager and any other persons or entities harmless, shall survive the acceptance of the Work by the City or the sooner termination of the Agreement.

Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Section 00810-1.0, Indemnification. The City will not be liable for any accident, loss, or damage to the Work prior to its completion and acceptance.

2.0 INSURANCE REQUIREMENTS

2.1 General
After award of Contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph 00810-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract.

The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof.

The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 00810-2.0 INSURANCE REQUIREMENTS.

2.2 INSURANCE REQUIREMENTS FOR CONTRACTORS (with Construction Risks)

2.2.1 Minimum Scope of Insurance
Coverage shall be at least as broad as:

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1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001).

2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

4. Performance and Payment Bonds for the full amount of the contract.

2.2.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:

1. General Liability: (including operations, products and completed operations): $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

2.2.3 Deductibles and Self-Insured Retentions
Ay deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

2.2.4 Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
a. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG20 10 11 85), as a separate Owner’s and Contractor’s Protective Liability Policy, or on the City’s own form. b. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its

Precast Concrete Fence Replacement Project
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officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
c. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

Course of construction policies shall contain the following provisions:

1. The City shall be named as loss payee.

2. The insurer shall waive all rights of subrogation against the City.

2.3.1. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII- or otherwise acceptable to City.

2.3.2 Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause.

The endorsements should be on forms provided by the City or on other than the City’s forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

2.3.3 Subcontractors
Contractor shall require and verify all subcontractors maintain insurance subject to all of the requirements stated herein.

2.4 Workers’ Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker’s Compensation and Employers’ Liability insurance providing coverage for any and all employees of Contractor:
a. The required policy shall provide coverage for Workers’ Compensation (Coverage).
b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers’ Liability (Coverage B).

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2.5 Builder’s Risk Insurance – NOT REQUIRED ON THIS PROJECT

2.5.2. Earthquake and Flood Coverage - NOT REQUIRED ON THIS PROJECT

2.5.3 Subrogation - The City and Contractor hereby waive their rights of subrogation against each other provided the same does not prejudice coverage under the applicable policy. The Contractor shall obtain from all insurers a recognition that a waiver of subrogation endorsement for losses caused by fire or other perils to the extent covered by this insurance is provided. Contractor shall pay any extra premium required therefor.

2.6 Notices
Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall be sent to:

Ryan Osenton
Engineering Division
7351 Rosanna Street
Gilroy, CA 95020

2.7 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 00810-2.6, Notices. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein.

2.8 Occupancy
The City reserves the right to occupy existing facilities under construction or to use or occupy parts of the Work as provided for in Paragraph 00700-3.5, City’s Right to Use or Occupy. Insurance policies shall not restrict or limit such use. ***END OF SECTION***

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01035-88
DIVISION 1 - GENERAL REQUIREMENTS
SECTION 01010

SUMMARY OF WORK

1.0 WORK COVERED BY CONTRACT
Furnishing all labor and materials, equipment, and performing all work necessary and incidental to the construction of the project known as Precast Concrete Fence Replacement Project No. 26-PW-309, and as described in these specifications and according to the Contract Documents.

The scope of work shall include, but not limited to providing all labor, materials, equipment, and services necessary for the removal and replacement of precast concrete fencing at specified locations within the City’s CFD boundaries, specifically at Hecker Pass Park, located at the intersection of 3rd St and Rosemary Dr in Gilroy, CA 95020. Work includes demolition, disposal, fabrication, delivery, installation, foundations, hardware, finish work, and site restoration in accordance with the specifications of approximately 2,700 linear feet of precast concrete fencing. Additionally, other items or details not mentioned above that are required by the Standard Specifications, these Special Provisions, or as required by the Engineer shall be included in the scope of work.

In the performance of work, the Contractor shall furnish all materials, labor, tools, equipment, supervision, transportation, handling, storage, coordination of work, traffic control, required permits and licenses and other items and services that shall be required for the successful completion of work.

2.0 WORK SEQUENCE AND CONSTRAINTS
All ESCP preparation, project schedule, and required submittals must be in place prior to the start of construction. Field work shall not commence until all trash capture devices have been fabricated, unless otherwise approved by Construction Manager.

3.0 OCCUPANCY REQUIREMENTS
N/A

4.0 CITY FURNISHED MATERIALS

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N/A.

5.0 TRENCH EXCAVATION
N/A

6.0 WORK UNDER OTHER CONTRACTS
N/A

7.0 CONTRACTOR'S WORK PERCENTAGE
The Contractor shall perform at least forty (40) percent of the Contract bid amount.

This portion of work shall encompass the performance of work by the contractor’s forces and equipment and the procurement of materials and equipment by the Contractor.

Subcontractors shall not be responsible for the performance of any work or procurement of materials and equipment within the above Contractor's work percentage allotment.

See Section 8-1.01 SUBCONTRACTING

8.0 UNDERGROUND FACILITIES
The Contractor is responsible for coordinating all project documentation, including but not necessarily limited to the Contract Documents and existing record drawings for the determination of the location of all underground facilities.

The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall include potholing or hand digging in those areas where underground facilities are known to exist until they have been sufficiently located to avoid damage to the facilities.

Prior to fabrication, the Contractor shall verify the location and elevations of existing underground facilities which the Contractor is connecting to.

No additional compensation shall be provided to the Contractor for compliance with the provisions of Paragraph 01010-8.0, Underground Facilities, or for the damage and repair of facilities due to the lack of such care. ***END OF SECTION***

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01035-90
SECTION 01025

MEASUREMENT AND PAYMENT

1.0 MEASUREMENT OF QUANTITIES

1.1. General - Measurements of the completed work shall be in accordance with, and by instruments and devices calibrated to United States Standard Measures and the units of measurement for payment, and the limits thereof, shall be made as shown on the Plans, Specifications, General Requirements, and Supplementary Conditions.

1.2 Units of Measurement - Measurements shall be in accordance with U.S. Standard Measures. A pound is an avoirdupois pound. A ton is 2,000 pounds avoirdupois.

The unit of liquid measure is the U.S. gallon.

1.3 Methods of Measurement - Materials and items of work which are to be paid for on the basis of measurement shall be measured in accordance with the method stipulated in the particular sections involved. In determining quantities, all measurements shall be made in a horizontal plane unless otherwise specified.

Material not used from a transporting vehicle shall be determined by the Construction Manager and deducted from the certified tag.

When material is to be measured and paid for on a volume basis and it would be impractical to determine the volume, or when requested by the Contractor in writing and approved by the Construction Manager in writing, the material will be weighed and converted to volume measurement for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Construction Manager and shall be agreed to by the Contractor before such method of measurement of pay quantities will be adopted.

Full compensation for all expense involved in conforming to the above requirements for measuring and weighing materials shall be considered as included in the unit prices paid for the materials being measured or weighed and no additional allowances will be made therefor.

Precast Concrete Fence Replacement Project
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Quantities of material wasted or disposed of in a manner not called for under the Contract; or rejected loads of material, including material rejected after it has been placed by reason of failure of the Contractor to conform to the provisions of the Contract; or material not unloaded from the transporting vehicle; or material placed outside the lines indicated on the plans or given by the Construction Manager; or material remaining on hand after completion of the Contract, will not be paid for and such quantities will be deducted from the final total quantities. No compensation will be allowed for hauling rejected material.

2.0 DESCRIPTION OF BID ITEMS
A. General
Bid Items described in Section 00310 are presented to indicate major categories of the work for purposes of comparative bid analyses, payment breakdown for monthly progress payments and to comply with the California Labor Code relating to the price for sheeting, shoring, and bracing of excavations. Bid items are not intended to be exclusive descriptions of work categories and the Contractor shall determine and include in its pricing all materials, labor, and equipment necessary to complete each Bid Item (work phase) as shown and specified.

B. Contractor’s Cost Breakdown
Lump Sum Price Breakdown - For work to be performed for a lump sum price, the Contractor shall submit a price breakdown (schedule of values) to the Construction Manager prior to the first payment and within ten (10) calendar days after Notice to Proceed. The price breakdown, as agreed upon by the Contractor and the Construction Manager, shall be used for preparing future estimates for partial payments to the Contractor, and shall list the major items of work with a price fairly apportioned to each item. Mobilization, overhead, bond, insurance, other general costs and profit shall be prorated to each item so that the total of the prices for all items equal the lump sum price. At the discretion of the Construction Manager, mobilization, bond and insurance costs may be provided for separately if accompanied by invoices to verify actual expenses.

The price breakdown shall be generally in the same format as the Contract specifications, divisions and subdivisions, with major items of Work listed individually. The price breakdown shall be by structure, civil, landscaping, or other logical division of work. The price breakdown for architectural, structural, mechanical, and electrical work shall include separate items for identifiable portions of the structures. The price breakdown shall include separate allowances for any testing and startup work required. Measurable approximate quantities of work performed by the Contractor or its subcontractors shall be provided. For quantities that are the sum total of several individual quantities, backup summaries shall be provided which list the individual descriptions and quantities. These summaries then will be used to determine the quantities of work in place in subsequent progress payment requests.

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The above is a statement of the intent of the Contract Documents to provide a moderate level of detail, acceptable to the Construction Manager, to allow a fair and reasonable estimate to be made of the value of Work installed. The detail of the price breakdown must be sufficient to provide timely processing of the monthly progress payment request.

The price breakdown will be subject to the approval of the Construction Manager, and upon request, the Contractor shall substantiate the price for any or all items and provide additional level of detail, including quantities of Work. The price breakdown shall be sufficiently detailed to permit its use by the Construction Manager as one of the bases for evaluating requests for payments. The Construction Manager shall be the sole judge of the adequacy of the price breakdown.

C. Bid Item Descriptions

1. Mobilization – The lump sum price paid includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals associated with all preparatory and operational work necessary to provide for: insurance; bonds; required permits and fees; submittals; mobilization; demobilization; shop drawings; project phasing; multiple move ins and move outs which are required to prosecute the work; clearing and grubbing; trimming or removal of vegetation; work sequencing; staging; portable toilets; public notifications; posting of “No Parking” signs; surveying; cleanup and restoration of any damage to existing improvements; supervision; project management; project office; coordination of concurrent work with other contractors; schedules; meetings; preparing “as-built” plans or record drawings; clean up; repairs; the movement of personnel, equipment, supplies, and incidentals to and from the project site; tree trimming and protecting trees in place; the establishment of all other facilities necessary for work on the project; all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items of work at the project site; and work and improvements called for or implied by the Contract Documents which are not included in the other bid items but are required to complete the Work. Mobilization shall not exceed 10% of total project bid amount.

Mobilization – lump sum

2. Vehicular Traffic Control – The lump sum price paid includes all costs for installation and maintenance of traffic control and temporary signing and striping (tape and or paint), including flaggers, signing, barricades, detours, temporary pavement, adjustment of vehicular traffic control for site conditions, adjustment per engineers direction, and temporary facilities required for the safe handling of vehicular traffic for 24 hours per calendar day in accordance with the latest California Manual on Uniform Traffic Control Devices (CA MUTCD) for the duration of the Work. The lump sum price paid includes the use of a

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professional traffic control subcontractor where required. Refer to Section 702 for more details on traffic control, parking restrictions, and signage.

Vehicular Traffic Control- lump sum

3. Pedestrian and Bicycle Traffic Control – The lump sum price paid includes all costs for installation and maintenance of traffic control and temporary signing and striping (tape and or paint), including flaggers, a pedestrian and bicycle detour plan, signage, barricades, detours, adjustment per engineers direction, and temporary facilities required for the safe handling of pedestrian and bicycle traffic for 24 hours per calendar day in accordance with the latest California Manual on Uniform Traffic Control Devices (CA MUTCD) for the duration of the Work. The lump sum price paid includes the use of a professional traffic control subcontractor where required. Refer to Section 702 for more details on traffic control, parking restrictions, and signage.

Pedestrian Traffic Control- lump sum

4. Precast Concrete Fencing Materials and Labor – The lump sum price for all labor associated with the demolition of the existing precast concrete fence and the installation of the new precast concrete fencing materials through project completion, as well as all costs associated with precast concrete fencing materials and additional materials needed to ensure proper installation of the precast concrete fence.

Precast Concrete Fencing Labor and Materials – lump sum

5. Erosion and Sediment Control And Implementation – The implementation, maintenance, and adjustment of erosion and sediment control measures per the approved CASQA BMP standards for the duration of the project, including daily inspection/maintenance, emergency measures as directed, and ensuring subcontractor compliance, and temporary BMP removal at the end of the project. Refer to Section 703 for more details on Erosion and Sediment Control Program.

ESCP- lump sum
***END OF SECTION***

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01035-94
SECTION 01035

MODIFICATION PROCEDURES

1.0 CHANGES IN CONTRACT PRICE
Whenever corrections, alterations, or modifications of the work under this Contract are ordered by the Construction Manager and approved by the City and increase the amount of work to be done, such added work shall be known as extra work; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as work omitted.

The difference in cost of the work affected by such change will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined in one or more of the following ways as directed by the Construction Manager:
a. By unit prices accepted by the City and stated in the Contract Documents; b. By unit prices subsequently fixed by agreement between the parties; c. By an acceptable lump sum proposal from the Contractor; or d. By Force Account (as described in Paragraph 01035-3.0, Force Account Payment), when directed in writing and administered by the City through its agents or representatives.

When required by the Construction Manager, the Contractor shall submit, in the form prescribed by the Construction Manager, an itemized breakdown with supporting data of the quantities and prices used in computing the value of any change that may be ordered.

The Construction Manager will review the Contractor's proposal for the change and negotiate an equitable adjustment with the Contractor. After there is an agreement the Construction Manager will prepare and process the Change Order and make a recommendation for action by the City. All Change Orders must be approved by the City in writing before the work can be authorized and the Change Order executed.

The prices agreed upon and any agreed upon adjustment in Contract Time shall be incorporated in the written order issued by the City, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim any further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order.

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2.0 NEGOTIATED CHANGE ORDERS
Under the methods described in Paragraph 01035-1.0b and 1.0c above, the Contractor shall submit substantiating documentation with an itemized breakdown of Contractor and subcontractor direct costs, including labor, material, equipment rentals, and approved services, pertaining to such ordered work in the form and detail acceptable to the Construction Manager. The direct costs shall include only the payroll cost for workers and foremen, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the Construction Manager; the cost of materials used and equipment delivered and installed in such work as substantiated by appropriate documents; the cost of construction machinery and equipment based on fair rental or Cityship values acceptable to the Construction Manager as described in Paragraph 01035-3.0, Force Account Payment; and the cost of incidentals directly related to such work.

The direct costs shall not include any labor or office costs pertaining to the Contractor's managers or superintendents, its office and engineering staff and office facilities, or anyone not directly employed on such work, nor the cost of small tools as all such indirect costs form a part of the Contractor's overhead expense.

Under the method described in Paragraph 01035-1.0b and 1.0c the maximum percentage which will be allowed for the Contractor's combined overhead and profit will be:
a. For work by its own organization, the Contractor may add the following percentages:

Direct Labor 25 percent
Materials 15 percent
Equipment (owned or rented) 15 percent
b. For all such work done by subcontractors, such subcontractor may add the same percentages as the Contractor as listed in (1) above to its actual net increase in costs for combined overhead and profit and the Contractor may add up to ten (10) percent of the subcontractor's total for its combined overhead and profit.
c. For all such work done by subtier-subcontractors, such sub- subcontractors may add the same percentages as the Contractor as listed in (a) above to its actual net increase in costs for combined overhead and profit, and the subcontractor may add up to ten (10) percent of the sub-subcontractor's total for its combined overhead and profit. The Contractor may add up to five (5) percent of the subcontractor's total for its combined overhead and profit.

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d. To the total of the actual costs and fees allowed hereinunder, not more than two (2) percent shall be added for additional bond and insurance other than labor insurance.

The above fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation.

When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, for each area of work, i.e. direct labor, materials, equipment, and subcontractors. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in Paragraph 01035-3.0, Force Account Payment. The Contractor shall not claim for anticipated profits on work that may be omitted.

3.0 FORCE ACCOUNT PAYMENT
If either the amount of work or payment for a Change Order cannot be determined or agreed upon beforehand, the City may direct by written Change Order or Field Order that the work be done on a force account basis. The term "force account" shall be understood to mean that payment for the work will be done on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following:
a. Direct labor cost for workers, including foremen, who are directly assigned to the force account work: Direct labor cost is the actual payroll cost, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the City. b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor.
c. Equipment rental, including necessary transportation for items having a value in excess of One Thousand Dollars ($1,000.00). All equipment rental rate shall be per the latest Caltrans Labor Surcharge and Equipment Rental Rates.
d. Additional bond.
e. Additional insurance, other than labor insurance.

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To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, or sub-subcontractor actually performing the work:

A fixed fee not to exceed fifteen (15) percent of the costs of Items a, b, and c above.

To the total of the actual costs and fees allowed hereunder, not more than two (2) percent shall be added for additional bond and insurance as the cost of Items d and e above.

For work performed by an approved subcontractor, the Contractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor.

For work performed by a subtier-subcontractor, the subcontractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the subcontractor's administration of the work performed by the subtiersubcontractor. The Contractor may add to the total of the actual costs and fixed fees allowed under this paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor.

The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The above fixed fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation and record keeping.

The City reserves the right to furnish such materials and equipment as it deems expedient, and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment.

For equipment under Item c above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Payment shall be based on actual rental and transportation invoices but shall not exceed the rental rates for such equipment listed in the California Department of Transportation publication, “Labor Surcharge and Equipment Rental Rate,” which is in effect on the date upon which the work is performed. Owner-operated equipment shall not exceed the rates in the Previously Mentioned Rental Rate publication plus the labor costs as provided in Section 01035-3.0(a), Direct Labor.

The rental cost allowed for equipment will be understood, in all cases, to cover all fuel, lubricants, supplies, consumables, repairs, ownership and incidental costs.

No further allowances will be made for these items, unless a specific written agreement to that effect is made.

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01035-98
Prior to the commencement of force account work, the Contractor shall notify the Construction Manager of its intent to begin work. Labor, equipment and materials furnished on force account work shall be recorded daily by the Contractor upon report sheets furnished by the Construction Manager to the Contractor. The reports, if found to be correct, shall be signed by both the Contractor and Construction Manager, or inspector, and a copy of which shall be furnished to the Construction Manager no later than the working day following the performance of said work. The daily report sheet shall thereafter be considered the true record of force account work provided. If the Construction Manager, or inspector, do not agree with the labor, equipment and/or materials listed on the Contractor's daily force account report, the Contractor and Construction Manager, or inspector, shall sign-off on the items on which they are in agreement. The Construction Manager shall then review the items of disagreement and will advise the Contractor, in writing, of its determination. If the Contractor disagrees with this determination, it shall have the right to file a claim notice as provided in Paragraph 00700-7.3.2.1, Notice.

The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of work paid for on a force account basis and the costs of other operations.

To receive partial payments and final payment for force account work, the Contractor shall submit, in a manner approved by the Construction Manager, detailed and complete documented verification of the Contractor's and any of its subcontractor's actual costs involved in the force account pursuant to the pertinent Change Order or Field Order. Such costs shall be submitted within thirty (30) days after said work has been performed. No payments will be made for work billed and submitted to the Construction Manager after the thirty (30) day period has expired.

The force account invoice shall itemize the materials used and shall cover the direct costs of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The invoice shall be in a form acceptable to the Construction Manager and shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendor's invoices.

When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in this Section. The Contractor shall not claim for anticipated profits on work that may be omitted.

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No. 26-PW-309 SECTION 01035-99

4.0 UNIT PRICE ADJUSTMENTS DUE TO INCREASED OR DECREASED

QUANTITIES
The unit prices as stated in the bid form and as negotiated in Change Orders shall apply to one hundred (100) percent of the quantity indicated to be estimated quantity for the bid item, plus or minus twenty-five (25) percent. Adjustments in unit prices will be made in accordance with Section 4-1.05, Changes and Extra Work, of the 2022 State of California, Department of Transportation Standard Specifications, with the following modifications:
a. Delete all references to "Section 9-1.04" and insert "Paragraph 01035-3.0, FORCE ACCOUNT PAYMENT".

5.0 TIME EXTENSIONS FOR CHANGE ORDERS
If the Contractor requests a time extension for the extra work necessitated by a proposed Change Order, the request must comply with the applicable requirements of Paragraph 01310-3.0, TIME IMPACT ANALYSES. ***END OF SECTION***

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No. 26-PW-309 SECTION 01035-100
SECTION 01060

REGULATORY REQUIREMENTS

1.0 APPLICABLE CODESAs stated on Plans and Specifications.

2.0 PERMITS, FEES AND LICENSES
All City permits will be paid by the City of Gilroy. Unless specifically stated to be provided by the City, Contractor shall apply for, obtain, and comply with all the terms, conditions and requirements attached to all permits, bonds and licenses required by local, state, or federal agencies to perform work, construct, erect, test and startup of any equipment or facility for this Contract. Where operating permits are required, the Contractor shall apply for and obtain such operating permits in the name of the City and provide the permit in an appropriate frame or file holder when the City accepts substantial completion of the equipment or facility. The Contractor shall give all notices necessary or incidental to the due and lawful prosecution of the work.

Any non-City permits, bonds, licenses and fees therefore required for the performance of work under this Contract and not specifically mentioned herein as having been obtained and paid by the City shall be included in the Contractor’s bid price.

The Contractor shall apply for and obtain in its name the necessary building, plumbing and electrical permits and shall be responsible for satisfying all code requirements, calling for inspections, and obtaining final approvals. The Construction Manager shall be notified in advance of all inspections. The Contractor shall comply with all construction conditions stipulated in the permits.

The Contractor shall include in its bid the fees for any non-City permits required.

The Contractor shall apply for and obtain all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or falsework) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500.
***END OF SECTION***

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01035-101
SECTION 01090

REFERENCES

1.0 DEFINITIONS
Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, applicable, appropriate, sufficient, proper, desirable, necessary, prescribed, approved, acceptable, satisfactory or words of like import, refer to actions, expressions, and prerogatives of the City, Design Consultant, or Construction Manager.

Masculine gender words include the feminine. References to gender, such as "workman" and "flagman" and the pronouns "he" or "his" referring to such titles, are abstract in the specifications, used for the sake of brevity are intended to refer to persons of either sex.

Singular words include the plural and "person" includes firms, companies, and corporations.

Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, and feminine of the words and terms.

Acceptance - The formal written acceptance by the City of an entire Contract which has been completed in all respects in accordance with the Contract Documents and any modifications thereof previously approved.

Act of God - An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. A rain, windstorm, high water, or other natural phenomenon, which might reasonably have been anticipated from historical records of the general locality of the work, shall not be construed as an Act of God.

Addenda - Written or graphic instruments issued prior to the bid which modify or interpret the Contract Documents, drawings, and specifications, by additions, deletions, clarifications, or corrections.

Agreement - The written document covering the performance of the Work as more fully described in the Contract Documents.

Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the price for the work to be performed.

Bidder - Any properly licensed and qualified individual, firm, partnership, corporation, joint venture, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

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Bond(s) - Bid, Performance, or Payment Bonds and other instruments of surety, furnished by the Contractor and Contractor's surety in accordance with the Contract Documents.

Calendar Day - Any day including legal holidays, Saturdays and Sundays.

City - A public or quasi-public agency or authority, corporation, association, partnership, or individual for whom the work is to be performed. Under this contract, the City is identified by name in the agreement.

City's Representative - The person designated in writing by the City to act as its agent on specified matters relating to this Contract. The City's Representative is not the Construction Manager, but an employee of the City or other individual who has been designated to represent the City.

Construction Manager/Project Engineer - The person designated, in writing, by the City to act as its representative at the construction site and to perform construction inspection services and administrative functions relating to this Contract. Initial contact by the Contractor with the City shall be through the Construction Manager.

Contract Change Order - A written order to the Contractor, covering changes in the plans or quantities, or both, and establishing the basis of payment and time adjustments for the work affected by the changes. Also referred to as a Change Order.

Contract Documents - The words "Contract Documents" shall mean any or all of, the following items, as applicable:

Notice to Prospective Bidders
Instructions to Bidders
Bid Documents
Designation of Subcontractors
Bid Guaranty Bond
Agreement
Acknowledgements
Performance Bond
Payment Bond
General Conditions
Maintenance Bond
Supplementary Conditions
Standard Specifications (Caltrans)
Technical Specifications
Drawings
Addenda, if any
Executed Change Orders, if any
Notice of Award
Notice to Proceed

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Each of these items is to be considered by reference as part of the Contract Documents, also referred to as Contract.

Contract Price - The amount payable to the Contractor under the terms and conditions of the Contract based on the price given on the bidding schedule, with adjustments made in accordance with the Contract. The base amount given in the bidding schedule shall be either a lump sum bid or the summation of the unit price bids multiplied by the estimated quantities set forth in the bid form. Also referred to as Contract Amount or Contract Sum.

Contract Time - Number of calendar days stated in the Contract for the completion of the Work.

Contract Completion Date - The date on which the City accepts the work as being complete.

Contractor - The person or persons, firms, partnership, corporation, or combination thereof, who have entered with the City, as party or parties of the second part of its or their legal representatives.

Contractor’s Agents - All employees, agents, suppliers and subcontractors (at all tiers) of the Contractor and any other persons who are directly or indirectly employed by the Contractor or its subcontractors (at all tiers) or for whose acts they may be liable.

Contractor's Plant and Equipment - Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated in the Work.

Day(s) – Calendar Day(s) unless otherwise specified.

Direct - Action of the City or Construction Manager by which the Contractor is ordered to perform or refrain from performing work under the Contract.

Drawings - Refers to the Contract drawings, profiles, cross sections, elevations, details, and other working drawings and supplementary drawings, or reproductions thereof, signed by the Design Consultant, approved by the City, and are referred to in the Contract Documents, which show the location, character, dimensions, and details of the work to be performed. The terms drawing, plan and plans have the same meaning as the term drawings unless otherwise stated or specified.

Design Consultant - The engineer or architect designated by the City to have design control over the Work or a specified portion of the Work, acting either directly or through duly authorized representatives. Such representatives shall act within the scope of the particular duties delegated to them.

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Field Directive - Written documentation of the actions of the City or Construction Manager in directing the Contractor. Also referred to as a Directive.

Field Order - A written instruction given to the Contractor authorizing work that is a change to the scope of work carried out on a time and material basis.

Float - Float or "total float" shall be defined as provided in the Associated General Contractors of America "CPM in Construction, A Manual for General Contractors".

Furnish - To deliver to the job site or other specified location any item, equipment, or material.

General Conditions - Part of the Contract Documents representing the general clauses that establishes how the project is to be administered.

General Requirements - Part of the Contract Documents establishing special conditions or requirements peculiar to the work and supplementary to the General Conditions.

Herein - Refers to information presented in the Project Manual.

Holidays - Legal holidays designated by the City or specifically identified in the Contract.

Install - Placing, erecting, or constructing any item, equipment, or material.

Laboratory - The designated materials testing laboratory authorized by the City to test materials and work involved in the Contract.

Liquidated Damages - The amount prescribed in Paragraph 00700-6.5, Liquidated Damages, and Paragraph 00800-3.0, DAMAGES FOR DELAYS, to be paid to the City or to be deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the specifications.

Notice of Award - A written notice by the City to the Contractor informing it that the Contract has been awarded to the Contractor.

Notice to Proceed - The written notice by the City to the Contractor authorizing the Contractor to proceed with the Work and establishing the date of commencement of the Work.

Paragraph - For references or citation purposes, refers to the paragraph(s), called out by paragraph number and alphanumeric designator.

Person - Includes firms, companies, corporations, partnerships, and joint ventures.

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Project - The undertaking to be performed under the provisions of the Contract.

Project Manual - Those Contract Documents which are bound into one or more volumes prior to bidding.

Provide - Furnish and install, complete in place.

Punch List - List of incomplete items of work and of items of work which are not in conformance with the Contract.

Shall - Refers to actions by either the Contractor or the City and means the Contractor or City has entered into a covenant with the other party to do or perform the action.

Shown - Refers to information presented on the Drawings, with or without reference to the Drawings.

Site - The property as described in the General Conditions or as shown on the Drawings.

Specifications - That part of the Contract Documents consisting of the General Conditions, Supplementary Conditions, General Requirements, applicable State Standard Specifications, and Technical Specifications.

Specify - Refers to information described, shown, noted or presented in any manner in any part of the Contract.

State of California Specifications - The State of California Department of Transportation (Caltrans) Standard Specifications in effect at the time of advertising the Work. Also referred to as State Standard Specifications and Caltrans Standard Specifications, and Standard Specifications.

Subcontractor - A Subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the Site. The term Subcontractor means a subcontractor or subcontractor's authorized representative. The term Subcontractor does not include any separate contractor or any separate contractor's subcontractors.

Submittals - The information which is specified for submission to the Construction Manager in accordance with the Project Manual.

Substantial Completion - Substantial Completion is the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended use.

Sub-subcontractor - A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform any of the Work at the Site.

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The term Sub-subcontractor means a sub-subcontractor or an authorized representative thereof.

Supplier - Any person, firm, corporation, or organization who supplies materials or equipment for the Work, including that fabricated to a special design, and may also be a Subcontractor or a Sub-subcontractor.

Surety - The person, firm, corporation, or organization that joins with the Contractor in assuming the liability for the faithful performance of the Work and for the payment of all obligations pertaining to the Work in accordance with the Contract Documents by issuing the Bonds required by the Contract Documents or by law.

Will - Actions entered into by the Contractor or the City as a covenant with the other party to do or to perform the action.

Work - The labor, materials, equipment, supplies, and other items necessary for the execution, completion, and fulfillment of the Contract.

Working Day - Any day, other than a holiday, Saturday or Sunday, on which the Contractor may proceed with regular work on the current controlling operation as determined by the Construction Manager toward the completion of the Contract.

2.0 ABBREVIATIONS
Whenever the following terms are used, the intent and meaning shall be as follows:

Abbreviations Stands For
AASHTO American Association of State and Highway and Transportation Officials AAMA Architectural Aluminum Manufacturers Association
ABMA American Boiler Manufacturers Association
ACI American Concrete Institute
ADC Air Diffusion Council
AGA American Gas Association
AGMA American Gear Manufacturers Association
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AMCA Air Moving and Conditioning Association
ANSI American National Standard Institute (formerly United States of America Standards Institute)
APA American Plywood Association
API American Petroleum Institute
AREA American Railway Engineers Association
ASCE American Society of Civil Engineers
ASHRAE American Society of Heating, Refrigerating and Air Conditioning Construction Managers

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ASME American Society of Mechanical Engineers
ASTM American Society of Testing and Materials
AWPA American Wood-Preserver's Association
AWS American Welding Society
AWWA American Water Works Association
CAGI Compressed Air and Gas Institute CAL/OSHA State of California Department of Industrial Relations, Division of Industrial Safety CBC California Building Code
CBM Certified Ballast Manufacturers
CBR California Bearing Ratio
CI Chlorine Institute
CISPI Cast Iron Soil Pipe Institute
CMAA Crane Manufacturers Association of America
CPSC Consumer Products Safety Commission
CRA California Redwood Association
CRSI Concrete Reinforcing Steel Institute
CTI Cooling Tower Institute
DFPA Douglas Fir Plywood Association
EIA Electronic Industries Association
EPA U.S. Environmental Protection Agency
ETL Electronic Testing Laboratory
FM Factory Mutual Insurance Company
FPS Fluid Power Society
FS Federal Specifications
GO 95 General Order No. 95, California Public Utilities Commission Rules for Overhead Electric Line Construction
HI Hydraulic Institute
HMI Hoist Manufacturers Institute
IAPMO International Association of Plumbing and Mechanical Officials IBR Institute of Boiler and Radiator Manufacturers
ICBO International Conference of Building Officials
IEEE Institute of Electrical and Electronic Engineers
IES Illuminating Engineering Society
IPCE International Power Cable Engineers Association
ISA Instrument Society of America
NAAMM National Association of Architectural Metal Manufacturers NBS National Bureau of Standards
NEC National Electric Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NSF National Sanitation Foundation
NWMA National Woodwork Manufacturers Association
OSHA Occupational Safety and Health Act
PCMAC Prestressed Concrete Manufacturers Association of California SMACNA Sheet Metal and Air Conditioning Contractors National Association SSPC Structural Steel Painting Council TCA Tile Council of America UBC Uniform Building Code
UPC Uniform Plumbing Code

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UL Underwriters Laboratories
WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California
***END OF SECTION***

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No. 26-PW-309 SECTION 01035-109
SECTION 01200

PROJECT MEETINGS

1.0 PRE-CONSTRUCTION CONFERENCE
The Construction Manager will schedule a pre-construction conference and organizational meeting at the project site or other convenient location upon award and/or execution of the Contract and prior to commencement of construction activities.

1.1 Attendees
The City, Contractor and its superintendent, invited subcontractors, and other concerned parties shall each be represented at the conference by persons familiar with and authorized to conclude matters relating to the work.

1.2 Agenda
The Construction Manager will prepare an agenda for discussion of significant items relative to contract requirements, procedures, coordination and construction.

2.0 PROGRESS MEETINGS
The Construction Manager will conduct progress meetings at the project site or other convenient location at regularly scheduled intervals which may be as frequent as weekly. Frequency of meetings are to be determined at the preconstruction conference. Meeting minutes will be taken by the Construction Manager and distributed accordingly.

2.1 Attendees:

The City, Design Consultant, Construction Manager, and Contractor shall each be represented at these meetings. Attendance by Subcontractors, Suppliers and other entities is subject to issues and/or items of the agenda which may or may not require attendance.

2.2 Agenda:

Review, correct or approve minutes of the previous progress meeting. Review items of significance that could affect progress. Review/discuss topics as appropriate to the current and future status and/or needs of the project. Review the progress of the work in the preceding week and in the subsequent week, coordinate the work with public agencies or other Contractors as required, and allow the Construction Manager to plan its activities for testing, inspection, etc.

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3.0 CONFERENCES
At any time during progress of the Work, the City and the Construction Manager shall have the authority to require the Contractor and any subcontractor, suppliers, or service providers to attend job-site conferences. Any notice of such conference shall be duly observed and complied with by the Contractor and subcontractors, suppliers, or service providers.

At the discretion of the Construction Manager, meetings may be in-person or virtual meetings. Contractor shall be equipped to attend virtual meetings through the following platforms:
• Zoom
• WebEx
• Microsoft Teams
***END OF SECTION***

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01035-111
SECTION 01300

SUBMITTALS

1.0 SUBMITTALS
Where the Contractor is required by these Specifications to make submittals, they shall be made according to General Requirements Section 01340, SHOP DRAWINGS, PRODUCT DATA AND SAMPLES.

The Contractor shall provide a sufficient number of documents for the following items:

Designation of Contractor's Representative
Cost Breakdown
Baseline Construction Schedule
Two-Week Look-Ahead Schedule (updated weekly)
Erosion and Sediment Control Program (ESCP)
Materials List
Substitutions List
Shop Drawings
Material Safety Data Sheets
Requests and Notices
Manuals and Instructions
Manufacturer's Affidavits
Affidavits on Patent Fees
Affidavit of Bills Paid
Warranty Data
Others as Specified in the Technical Specifications
Where the Contractor is required by these Specifications to submit samples of products, the Contractor shall provide a sufficient number of physical samples to allow three (3) to be retained by the Construction Manager of all structural and architectural products involving color, finish, texture, or the like.

The city will be using Virtual Project Manager (VPM) as the electronic management system for the project. All communication including submittals, RFIs, and transmittals for the project will be conducted through VPM. Contractor shall have a designated person who is proficient in VPM. Licensing for VPM will be provided by the City of Gilroy. For more information, visit the following website:
https://www.virtual-pm.com/.

2.0 MATERIALS LIST
Within ten (10) calendar days after the Notice of Intent to Award, the Contractor shall submit a List of Materials to the Construction Manager for review. The List shall include all items of equipment and materials n e e d e d for the demolition of the existing precast concrete fence and the installation of the new precast concrete fence; and the names of manufacturers with whom purchase

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orders have been or will be placed. Items on the List shall be arranged in the same order as in these Specifications and shall contain sufficient data to identify precisely the items of material and equipment the Contractor proposes to furnish.

The List shall include the Specifications or Drawing references. After the submission is favorably reviewed and returned to the Contractor by the Construction Manager, it shall become the basis for the submission of detailed manufacturer's drawings, catalog cuts, curves, diagrams, schematics, data, and information on each separate item for review as set forth in SECTION 01340, SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES. The favorable review of shop drawings shall be obtained prior to the fabrication, delivery and construction of items requiring shop drawing submittal.
***END OF SECTION***

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SECTION 01310

PROJECT SCHEDULE

1.0 GENERAL
The base schedule shall be submitted within five (5) calendar days of Notice to Proceed and favorably reviewed by the Construction Manager before the first partial payment can be made. The contactor shall complete procurement of all materials needed for the project within fifteen (15) working days of the Notice to Proceed. The contractor shall complete the project within forty-five (45) working days of the completion of the procurement process. Installation of the precast concrete fence shall not being until all required materials have been procured unless otherwise approved by the Construction Manager.

The Contractor shall submit the schedule based on either the bar chart method or the Critical Path Method (CPM). The schedule shall indicate preceding activity relationships and/or restraints where applicable and a controlling path shall be indicated. The schedule shall be time scaled and shall be drafted to show a continuous flow from left to right. The construction schedule shall clearly show the sequence of construction operations and specifically list:
a. The start and completion dates of all work items.
b. The dates of submittals, procurement, delivery, installation and completion of each major equipment and material requirement.
c. Progress milestone events or other significant stages of completion. d. The lead time required for testing, inspection and other procedures required prior to acceptance of the work.

Activities shall be no longer than 10 working days, except for submittals and delivery items. If an activity takes longer, it shall be broken into appropriate segments of work for measurement of progress. This limitation may be waived, upon approval of the Construction Manager, for repetitious activities of longer durations for which progress can be easily monitored.

The Construction Manager shall review the Base Schedule and provide any comments, its favorable review of the schedule, or request a meeting to review the schedule with the Contractor within fifteen (15) calendar days of receipt of the schedule. If requested, the Contractor shall participate in a review and evaluation of the proposed network diagrams and analysis by the Construction Manager. Any revisions necessary as a result of this review shall be resubmitted for review by the Construction Manager within ten (10) calendar days. When completed, the favorably reviewed schedule shall then be the schedule to be used by the Contractor for planning, organizing, and directing the work, and for reporting

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progress. If the Contractor thereafter desires to make significant changes in its method of operating and scheduling, the Contractor shall notify the Construction Manager in writing stating the reasons for the change. Neither the Contractor nor the City shall own the “float”. To the extent that the favorably reviewed initial Construction Schedule, or revisions thereto, indicate anything not jointly agreed upon, it shall be deemed to be not favorably reviewed by the Construction Manager. Any omission of work from the detailed schedule, otherwise required for Contract compliance, will not excuse the Contractor from completing such work within any applicable completion date.

2.0 UPDATES

2.1 Schedule Review
Contractor shall submit a two-week look-ahead schedule on a weekly basis.

Once each month, on a date mutually agreed upon, but no later than seven (7) working days after the submittal of the monthly update specified herein, a jobsite meeting will be held to review the Construction Schedule, job progress and the monthly update, or the Construction Manager will provide written comments on the monthly update.

3.0 TIME IMPACT ANALYSIS
Submit a Time Impact Analysis (TIA) with each request for adjustment of Contract time or whenever the Contractor or Engineer considers that an authorized or anticipated change may impact the critical path or work progress.

The TIA must:

1. Illustrate the impacts of each change or delay on the current scheduled completion date or internal milestone.

2. Use the accepted schedule that has a data date closest to and before the event. If the Engineer determines that the accepted schedule used does not appropriately represent the conditions before the event, the accepted schedule must be updated to the day before the event being analyzed.

3. Include an impact schedule developed from incorporating the event into the accepted schedule by adding or deleting activities or by changing durations or logic of existing activities. If the impact schedule shows that incorporating the event modifies the critical path and scheduled completion date of the accepted schedule, the difference between scheduled completion dates of the 2 schedules must be equal to the adjustment of Contract time.

The Engineer may construct and use an appropriate project schedule or other recognized method to determine adjustments in Contract time until Contractor submits the TIA.

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***END OF SECTION***

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SECTION 01340

SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES

1.0 CONTRACTOR'S RESPONSIBILITIES
The Contractor shall submit at its own expense submittals and details of precast concrete fencing materials, equipment, material, architectural fabrications, and other appurtenances as required in technical specifications.

All submittals and supporting data, catalogs, schedules, etc., shall be submitted as the instruments of the Contractor, who shall be responsible for their accuracy and completeness and coordination. Such responsibility shall not be delegated in whole or part to subcontractors or suppliers. These submittals may be prepared by the Contractor, subcontractors, or suppliers, but the Contractor shall ascertain that submittals meet all of the requirements of the Contract Documents, while conforming to structural, space, and access conditions at the point of installation.

Designation of work "by others," if shown in submittals, shall mean that the work will be the responsibility of the Contractor rather than the subcontractor or supplier who prepared the submittals. The Contractor shall insure that there is no conflict with other submittals and notify the Construction Manager in each case where its submittal may affect the work of another contractor or the City. The Contractor shall insure coordination of submittals among the related crafts and subcontractors.

Submittals shall be prepared in such form that data can be identified with the applicable Specification paragraph. The data shall clearly demonstrate compliance with the Contract Plans and Specifications and shall relate to the specific equipment to be furnished. Where manufacturer's standard drawings are employed, they shall be marked clearly to show what portion of the data is applicable to this project.

2.0 TRANSMITTAL PROCEDURES

2.1 Virtual Project Manager (VPM)
A. Submittal Procedure
a. The Contractor shall utilize the agency’s online cloud-based project management system (Virtual Project Manager) for submittals.

B. Virtual Project Manager (VPM) allows for paperless documentation and project administration. All posted information is available to all personnel involved with the project at any time using the internet.

C. The use of VPM by the Contractor is mandatory. Access to VPM will be provided at no cost to the contractor.

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D. In order to utilize VPM, the contractor needs a computer, internet access, a digital camera, and a scanner. For more information, go to www.virtualpm.com. To Login, from the homepage, select LOGIN and enter the Username and Password that will be provided to you by the agency.

E. The contractor shall use the following features:

1. Daily Logs: Contractor’s daily reports shall be entered electronically via VPM.

2. Change Order Manager: Contractor requests for change order shall be submitted electronically via VPM.

3. Transmittals: Schedules, Pay applications, etc. shall be submitted electronically via VPM.

4. Submittals: Submittals requiring approval shall be submitted electronically via VPM.

5. RFIs: Requests for information (RFIs) shall be submitted electronically via VPM.

2.2 Transmittal Form
A separate transmittal form shall be used for each specific item, class of material, equipment, and items specified in separate, discrete sections, for which the submittal is required. Submittal documents common to more than one piece of equipment shall be identified with all the appropriate equipment numbers.

Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. The specification section to which the submittal is related shall be indicated on the transmittal form.

A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: "XXX.YY"; where "XXX" is the sequential number assigned by the Contractor and "YY" is the item number within a given submittal. Resubmittals shall have the following format: "XXX-YYZ"; where "XXX.YY" is the originally assigned submittal number and "Z" is a sequential letter assigned for resubmittals, e.g., A, B, or C being the 1st, 2nd, and 3rd resubmittals, respectively. Submittal 025.02B, for example, is the second resubmittal of submittal 25, item no. 2.

2.3 Deviations From The Contract
If the submittals show any deviations from the Contract requirements, the Contractor shall submit with the submittal submission a separate written description of such deviations and the reasons therefor. If the City accepts such deviation, the City shall issue an appropriate Contract Change Order, except that, if the deviation is minor, or does not involve a change in price or in time of performance, a Change Order need not be issued. If any deviations from the

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Contract requirements are not noted on the submittal, the review of the shop drawing shall not constitute acceptance of such deviations.

2.4 Submittal Completeness
The Contractor shall check all submittals before submitting them to the Construction Manager and shall certify on the transmittal letter and on each shop drawing that they have been checked, are in compliance with the Plans and Specifications, and all deviations from the Contract requirements are noted.

If the Contractor submits an incomplete submittal, the submittal will be returned to the Contractor without review. A complete submittal shall contain sufficient data to demonstrate that the items comply with the Specifications, shall meet the minimum requirements for submissions cited in the technical specifications, shall include materials and equipment data and seismic anchorage certifications where required, and shall include any necessary revisions required for equipment other than first named.

It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Construction Manager at least by the second submission of data. The City reserves the right to deduct monies from payments due the Contractor to cover additional costs of review beyond the second submission.

2.5 Submittal Period
All submittals shall be completed within five (5) days after Notice to Proceed by the City, unless the Construction Manager accepts an alternate schedule for submission of submittals proposed by the Contractor.

3.0 REVIEW PROCEDURE
Submittals shall be submitted to the Construction Manager for review and returned within ten (10) calendar days after receipt. Review of submittals by the Design Consultant has as its primary objective the completion for the City of a project in full conformance with the Contract Plans and Specifications, unmarred by field corrections, and within the time provided. In addition to this primary objective, submittal review as a secondary objective will assist the Contractor in its procurement of equipment that will meet all requirements of the project Plans and Specifications, will fit the structures detailed on the Plans, will have the proper functional characteristics, and will become an integral part of a complete operating facility.

After review by the Design Consultant of each of the Contractor's submissions, the material will be returned to the Contractor with actions defined as follows:

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A. NO EXCEPTIONS TAKEN (RESUBMITTAL NOT REQUIRED) - Accepted subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in this submission. Does not constitute approval or deletion of specified or required items not shown in the partial submission.

B. SUPPLY AS NOTED (RESUBMITTAL NOT REQUIRED) - Same as A, except that minor corrections as noted shall be made by the Contractor.

C. MAKE CORRECTIONS NOTED (RESUBMIT) - Rejected because of major inconsistencies or errors which shall be resolved or corrected by the Contractor prior to subsequent review by the Design Consultant.

D. REJECTED (RESUBMIT) - Submitted material does not conform to Plans and Specifications in major respect., i.e.: wrong size, model, capacity, or material.

Items A and B above (no resubmittal required) are considered "favorable review." Items C and D above (correction and resubmittal required) are considered "unfavorable review."
It shall be the Contractor's responsibility to copy and/or conform reviewed submittals in sufficient numbers for its files, subcontractors, and vendors.

4.0 EFFECT OF REVIEW OF CONTRACTOR'S SUBMITTALS
The Design Consultant's favorable review of submittals shall be obtained prior to the fabrication, delivery and construction of items requiring submittal review.

Favorable review of submittals does not constitute a change order to the Contract requirements.

The favorable review of all submittals by the Design Consultant shall apply in general design only and shall in no way relieve the Contractor from responsibility for errors or omissions contained therein. Favorable review by the Design Consultant shall not relieve the Contractor of its obligation to meet safety requirements and all other requirements of laws, nor constitute a Contract Change Order. Favorable review by the Design Consultant will not constitute acceptance by the Design Consultant of any responsibility for the accuracy, coordination, and completeness of the submittals or the items of equipment represented on the submittals.
***END OF SECTION***

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No. 26-PW-309 SECTION 01400-120
SECTION 01400

QUALITY CONTROL

1.0 QUALITY CONTROL
All materials and equipment shall be new and of the specified quality and equal to the samples found to be acceptable by the Design Consultant if samples have been submitted. It shall be the duty of the Contractor to call the Construction Manager's attention to apparent errors or omissions and request instructions before proceeding with the Work. The Construction Manager may, by appropriate instructions, correct errors and supply omissions at Contractor's cost (except for errors and omissions for which the City is responsible) which instructions shall be as binding upon the Contractor as though contained in the original Contract Documents. As to errors and supply omissions for which the City is responsible, the Construction Manager shall obtain City's approval prior to incurring extra cost.

At the option of the Construction Manager, materials and equipment to be supplied under this Contract will be tested and inspected either at their place of origin or at the site of the Work. The Contractor shall give the Construction Manager written notification at least 30 days prior to the shipment of materials and equipment to be tested and inspected at point of origin. Satisfactory tests and inspections at the point of origin shall not be construed as a final acceptance of the materials and equipment nor shall such tests and inspections preclude retesting or reinspection at the site of the Work.

Inspection of the work by the City and/or Construction Manager shall not relieve the Contractor of its obligations to conduct comprehensive inspections of the Work and to furnish materials and perform acceptable Work, and to provide adequate safety precautions, in conformance with the intent of the Contract.

2.0 INSPECTION
All work and materials are subject to the inspection of the Construction Manager.

The Contractor shall notify the Construction Manager before noon of the working day before inspection is required. If the Specifications, the Construction Manager's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give timely notice, in writing, of its readiness for inspection. Unless otherwise determined by the Construction Manager, all inspections shall be done only in the presence of the Construction Manager or its authorized representatives. The City, Construction Manager, and authorized government agents and their representatives shall at all times be provided safe access to the Work wherever it is in preparation or progress and to all warehouses and storage yards wherein materials and equipment are stored, and the Contractor shall provide facilities for such access and for inspection, including maintenance of temporary and permanent access. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the

Precast Concrete Fence Replacement Project
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Contract, and improper work will be subject to rejection. Work and materials not meeting such requirements shall be made good, and unsuitable work or materials may be rejected; notwithstanding that such work or materials have been previously inspected by the Construction Manager or that payment therefore has been included in a progress estimate.

No portion of any work or installed materials shall be covered or concealed in any manner whatsoever without first being inspected by the Construction Manager. If any work should be covered up without the approval or consent of the Construction Manager, the Construction Manager shall have the authority to require that such work be uncovered for examination; defective work, if any, corrected; and recovered all at the Contractor's expense.

3.0 SAMPLES AND TESTS
At the option of the Construction Manager, the source of supply of materials for the Work shall be subject to tests and inspection before the delivery is started and before such materials are used in the Work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of materials to be used in the Work in sufficient quantities or amounts for testing or examination.

All tests of materials furnished by the Contractor shall be made in accordance with the commonly recognized standards of national technical organizations, and such special methods and tests as are prescribed in the Contract Documents.

Certificates of compliance shall be provided by the Contractor as required in the Technical Specifications.

3.1Sampling
The Contractor shall furnish such samples of materials as are requested by the Construction Manager, without charge. No material shall be used until the Construction Manager has had the opportunity to test or examine such materials.

Samples will be secured and tested whenever necessary to determine the quality of the material. Samples and test specimens prepared at the jobsite, such as concrete test cylinders, shall be taken or prepared by the Testing Firm in the presence and with the assistance of the Contractor.

3.2Testing
Unless otherwise provided, all concrete testing be at the expense of the City and shall be performed in the City's designated laboratory. Any retesting required due to failed test or defective material or sample shall be at the Contractor's expense.

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When required by the Contract or the Construction Manager, the Contractor shall furnish, at no extra charge, certificates of tests of materials and equipment made at the point of manufacture by a recognized testing laboratory.

The Contractor is responsible for all system and equipment testing as provided for in these Contract Documents.

3.3 Test Standards
All sampling, specimen preparation, and testing of materials shall be in accordance with the standards of nationally recognized technical organizations.

The physical characteristics of all materials not particularly specified shall conform to the latest standards published by the American Society for Testing Materials, where applicable.
***END OF SECTION***

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No. 26-PW-309 SECTION 01400-123
SECTION 01500

CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS

1.0 GENERAL
The Contractor shall provide all temporary facilities and utilities required for prosecution of the work, protection of employees and the public, protection of the work from damage by fire, weather or vandalism, and such other facilities as may be specified or required by any legally applicable law, ordinance, rule, or regulation.

2.0 TEMPORARY UTILITIES

2.1 Electrical Service
The Contractor shall arrange, at its own cost, with the local utility to provide adequate temporary electrical service at a mutually agreeable location. The Contractor shall then provide adequate jobsite distribution facilities conforming to applicable codes and safety regulations. The Contractor shall provide, at its own cost, all electric power required for construction, testing, general and security lighting, and all other purposes whether supplied through temporary or permanent facilities.

2.2 Water
The Contractor shall pay for and shall construct all facilities necessary to furnish water for its use during construction. Water used for human consumption shall be kept free from contamination and shall conform to the requirements of the State and local authorities for potable water.

2.3 Temporary Lighting
The Contractor shall provide temporary lighting in all work areas sufficient to maintain a lighting level during working hours not less than the lighting level required by California OSHA standards. As permanent lighting facilities are completed they may be used in lieu of temporary facilities, provided, however, that bulbs, lamps, or tubes of such facilities used by the Contractor shall be replaced prior to final acceptance of the Work.

2.4 Heating and Ventilation
The Contractor shall provide means for heating and ventilating all work areas as may be required to protect the Work from damage by freezing, high temperatures, weather, or to provide a safe environment for workers. Unvented direct fired heaters shall not be used in areas where freshly placed concrete will be exposed to the combustion gases until at least two hours after the concrete has attained its initial set.

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2.5 Sanitary Conveniences
The Contractor shall provide suitable and adequate sanitary conveniences for the use of all persons at the site of the Work. Such conveniences shall include chemical toilets or water closets and shall be located at appropriate locations at the site of the Work. All sanitary conveniences shall conform to the regulations of the public authority having jurisdiction over such matters. At the completion of the Work, all such sanitary conveniences shall be removed and the site left in a sanitary condition.

3.0 CONSTRUCTION FACILITIES
Construction hoists, elevators, scaffolds, stages, shoring, and similar temporary facilities shall be of ample size and capacity to adequately support and move the loads to which they will be subjected. Railings, enclosures, safety devices, and controls required by law or for adequate protection of life and property shall be provided.

3.1 Staging and Falsework
Temporary supports shall be designed by a professional registered engineer with an adequate safety factor to assure adequate load bearing capability. If requested by the City's Representative, the Contractor shall submit design calculations for staging and shoring prior to application of loads.

Excavation support shall be in accordance with Section 00700-4.11, Safety.

3.2 Temporary Enclosures
When sandblasting, spray painting, spraying of insulation, or other activities inconveniencing or dangerous to property or the health of employees or the public are in progress, the area of activity shall be enclosed adequately to contain the dust, over-spray, or other hazard. In the event there are no permanent enclosures of the area, or such enclosures are incomplete or inadequate, the Contractor shall provide suitable temporary enclosures.

3.3 Warning Devices and Barricades
The Contractor shall adequately identify and guard all hazardous areas and conditions by visual warning devices and, where necessary, physical barriers.

Such devices shall, as a minimum, conform to the requirements of Cal/OSHA.

3.4 Above Grade Protection
On multi-level structures, the Contractor shall provide safety protection that, as a minimum, shall meet the requirements of Title 8, California Code of Regulations.

4.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of public and private property

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at and adjacent to the Work and shall exercise due caution to avoid damage to such property.

The Contractor shall repair or replace all existing improvements which are not designated for removal (e.g., curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) and are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.

Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed because of the Contractor's operations, they shall be restored or replaced in as nearly the original conditions and location as is reasonably possible.

The Contractor shall give reasonable notice to occupants or City of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements within the right-of-way which are designated for removal or would be destroyed because of the Work.

5.0 PROJECT SECURITY
The Contractor shall make adequate provision for the protection of the Work area against fire, theft, and vandalism, and for the protection of the public against exposure to injury.

5.1 Fire Extinguisher
Sufficient number of fire extinguishers of the type and capacity required to protect the Work and ancillary facilities, shall be provided and maintained in readily accessible locations.

5.2 Temporary Fences
Except as otherwise provided, the Contractor shall enclose the site of the Work with a fence to protect the Work and temporary facilities against acts of theft, violence, or vandalism if they determine it to be necessary. Appendix B shows the minimum temporary fence required locations.

In the event all or a part of the site is to be permanently fenced, this permanent fence or a portion thereof may be built to serve for protection of the Work site,

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provided however, that any portions damaged or defaced shall be replaced prior to final acceptance.

6.0 ACCESS ROADS
Access roads shall be maintained to all storage areas and other areas to which frequent access is required. Similar roads shall be maintained to all existing facilities on the site of the Work to provide access for delivery of material and for maintenance and operation. Where such temporary roads cross buried utilities that might be injured by the loads likely to be imposed, such utilities shall be adequately protected by steel plates or wood planking, or bridges shall be provided so that no loads shall discharge on such buried utilities.

7.0 SPECIAL CONTROLS
The Contractor shall take all reasonable means to minimize inconvenience and injury to the public by dust, noise, diversion of storm water, or other operations under its control.

7.1 Dust Control
The Contractor at its expense shall take whatever steps, procedures, or means as are required to prevent abnormal dust conditions being caused by its operations in connection with the execution of the Work; and on any unpaved road which the Contractor or any of its subcontractors are using, excavation or fill areas, demolition operations, or other activities. Control shall be by sprinkling, use of dust palliatives, modification of operations, or any other means acceptable to agencies having jurisdiction. Haul routes shall be kept visibly wet during excavation and hauling operations.

Unless the construction dictates otherwise, and unless otherwise approved by the City's Representative, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzle at least once each working day to keep paved areas acceptably clean whenever construction, including restoration, is incomplete.

7.2 Noise Abatement
Operations at the Worksite shall be performed so as to minimize unnecessary noise. Special measures shall be taken to suppress noise during night hours. Noise levels due to construction activity shall not exceed the levels specified by local ordinance.

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Internal combustion engines used on the Work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler.

7.3 Working Hours
Construction shall be allowed only between the hours of seven-thirty (7:30) a.m. and four-thirty (4:30) p.m. Monday through Friday, unless otherwise approved by Construction Manager. Construction activities shall not occur on the weekend or City holidays, which include: New Year’s Day, Martin Luther King Jr. Day, President’s Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, and Christmas Day, unless approved by the Construction Manager. “Construction Activities” are defined as including but not limited to, excavation, grading, paving, demolitions, construction, alteration or repair of any building, site, street or highway, delivery or removal of construction material to a site, or movement of construction materials on a site.

Construction within two blocks of a school shall not begin before 9:00 a.m. and shall be completed for the day no later than 2:00 p.m. while schools are in session.

The Contractor shall be responsible to coordinate with the Gilroy Unified School District and each school that is impacted by the project.

The Contractor shall be responsible for any inspection and additional administration costs incurred by the City, or its agents and representatives, for work by the Contractor outside the hours defined above on weekdays, or any work on weekends or holidays recognized by the City. Such costs shall be withheld from the succeeding monthly progress payment. Any work in Section 01010, SUMMARY OF WORK, specifically required to be performed outside the normal working hours is excluded from the provisions of this paragraph.

On a case-by-case basis, the Contractor can request permission for emergency construction work outside the normal working hours defined above.

7.4 Drainage Control
In all construction operations, care shall be taken not to disturb the existing drainage pattern whenever possible. Particular care shall be taken not to direct drainage water onto private property. Drainage water shall not be diverted to streets or drainage ways inadequate for the increased flow. Drainage means shall be provided to protect the Work and adjacent facilities from damage due to water from the site or due to altered drainage patterns from construction operations.

Temporary provisions shall be made by the Contractor to insure the proper functioning of gutters, storm drain inlets, drainage ditches, culverts, irrigation ditches, and natural water courses.

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7.5 Construction Cleaning
The Contractor shall, at all times, keep property on which work is in progress and the adjacent property free from accumulations of waste material or rubbish caused by employees or by the Work. All surplus material shall be removed from the site immediately after completion of the work causing the surplus materials. Upon completion of the construction, the Contractor shall remove all temporary structures, rubbish, and waste materials resulting from its operations.

7.6 Disposal of Material
The Contractor shall make arrangements for disposing of materials outside the Site and the Contractor shall pay all costs involved. The Contractor shall first obtain permission from the property owner where the disposal is to be made and absolve the City from any and all responsibility in connection with the disposal of material on said property. When material is disposed of as above provided, the Contractor shall conform to all required codes pertaining to grading, hauling, and filling of earth.

All contractors doing business with the City of Gilroy are required to utilize the City's exclusive franchised contractor (Recology, 1351 Pacheco Pass Highway, Gilroy, CA, phone (408) 842-3358) for solid waste services, except for services for source-separated recyclables materials that will not enter a landfill facility.

7.7 Parking and Storage Areas
All stockpiled materials and parked equipment at the job site shall be located to avoid interference with private property and to prevent hazards to the public.

Locations of stockpiles, parking areas, and equipment storage must be approved by the City's Representative.

8.0 TRAFFIC REGULATION

8.1 General
The Contractor shall take all necessary steps to minimize inconvenience to the general public throughout all work under this Contract. No driveways or private roads shall be blocked without prior approval from the City and the property owner.

Access must be restored during all non-working hours.

At least one lane of traffic in each direction must be kept open at all times unless prior approval is provided by the City and any affected agency. No roads shall be blocked or made inaccessible, due to the Contractor's work, without prior written approval of the City and the affected agencies.

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The Contractor shall not block or obstruct fire lanes at any time.

8.2 Haul Routes
Prior to the pre-construction conference, the Contractor shall submit for approval the proposed route(s) for all construction traffic on the project. This shall include any designated routes, if any, shown on the Contract Drawings. Upon approval, the Contractor shall strictly adhere to that route(s) only, unless written permission is obtained to change the route(s). The City designated truck routes can be found at the following website: https://www.cityofgilroy.org/244/Encroachment-andTransportation-Permits

8.3 Traffic Control
Traffic control shall be in accordance with the latest California Manual on Uniform Traffic Control Devices (CA MUTCD). The Contractor shall submit for approval, by the City and any other applicable agency, its traffic control plans prior to work on public streets.

Contractor shall submit a traffic control plan prepared by a licensed California Professional Engineer with experience in traffic control for approval to the City Engineer or Representative a minimum of ten (10) working days prior to any work within an existing public street. Contractor shall provide all necessary traffic control in accordance with the latest edition of the California MUTCD while working within the public right-of-way. Two traffic lanes (10’ min.) shall be open to vehicular traffic during all hours, weekends, and holidays. One-lane two-way traffic may be permitted under the control of not less than 2 (two) competent flagmen during construction operations. Lane closures, street closures and detours shall only take place upon City Engineer approval.

Traffic control shall include signs, warning lights, reflectors, barriers, changeable message boards, and other necessary safety devices, and measures, including sufficient flaggers to direct vehicular traffic through the construction areas.

No material or equipment shall be stored/parked where it will interfere with the free and safe passage of public traffic, and at the end of each day's work, and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the public right-of-way.

Should the Contractor appear to be negligent in furnishing warning and protective measures, as above provided, the City's Representative may direct attention to the existence of a hazard, and the necessary warning and protective measures shall be furnished and installed by the Contractor at its expense.

8.4 Pedestrian and Bicycle Detour Plan
The Contractor shall submit for approval, by the City and any other applicable agency, its pedestrian detour plans prior to work on public streets. Contractor shall

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submit a pedestrian detour plan prepared by a licensed California Professional Engineer with related experience for approval to the City Engineer or Representative a minimum of ten (10) working days prior to any work within an existing public street. Refer to Appendix B for some but not all signage required for pedestrian and bicycle detour plan.

9.0 PROJECT SIGN
Not Used

10.0 PROJECT OFFICE
The Contractor shall maintain project copies of the Contract Documents, project progress records, project schedule, shop drawings, and other relevant documents which shall be accessible to the City and City's Representative during normal working hours.

11.0 PUBLIC NOTIFICATION
Prior to Start of Project
As determined by the City designee/construction manager, all residents and businesses affected by the project shall be provided notice in writing in the form of street and park signage.

The Contractor shall deliver two (2) notices to the park and immediate vicinity near the working area included within this contract. The first notice shall be posted at least two weeks prior to any construction.

The Contractor shall distribute a second written notice to the park and immediate vicinity of the working area at least 72 hours prior to starting work.

Such notices shall at minimum provide the construction start date, daily work schedule, typical parking restrictions, times of any restricted driveway access, the Contractor's representative’s name and phone number, and other information as requested by the Engineer.

The Contractor’s representative shall submit notices for City Engineer approval at least 48 hours prior to posting. The content of all notices shall be approved by the City Engineer prior to actual delivery. Sample notices are included in Appendix A.

Contractor’s notice shall be in the format of 24” x 36” signage stands (24 inches by 36 inches, 110 Springhill Index or equivalent) and be posted at the main park and immediate vicinity to the areas impacted by the work. The text of such notices shall be printed in English with the reverse side in Spanish. ***END OF SECTION***

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SECTION 01600

MATERIAL AND EQUIPMENT

1.0 STORAGE OF MATERIALS
Materials shall be stored in such a manner as to ensure the preservation of their quality and fitness for the Work. When considered necessary by the Construction Manager, materials shall be placed on platforms or other hard, clean surfaces, and covered when directed.

Materials shall be stored so as to facilitate inspection. Storage areas shall be suitably fenced, if necessary to protect the public or the material.

Unless otherwise designated in the General Requirements, locations and arrangements for storage sites for materials and equipment outside the limits of work, shall be selected and maintained by the Contractor at its expense. Full compensation for furnishing such storage sites as may be necessary or required by the Contractor shall be considered as included in the price bid and no additional compensation will be allowed therefor. The City shall be specifically exempted in any agreement from any liability incurred from the use of private property for construction purposes. Use of portions of the City's area at the site for materials and equipment storage shall be permitted only upon the approval of the Construction Manager.

2.0 HAZARDOUS MATERIALS
The storage and handling of potential pollution causing and hazardous materials, including but not necessarily limited to, gasoline, oil and paint shall be in accordance with all local, state and federal requirements. All hazardous materials shall be stored and handled in strict accordance with the Material Safety Data Sheets for the products. Material Safety Data Sheets, shall be submitted to the Construction Manager prior to the delivery of materials to the project.

3.0 MATERIAL AND EQUIPMENT SUBSTITUTIONS

3.1 General
Whenever products, materials or equipment are indicated in the Contract Documents by using the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. If the name is followed by the words "or equal" indicating that a substitution is permitted, products, materials or equipment of other suppliers may be accepted if sufficient information is submitted by the Contractor to allow the Construction Manager to determine that the products, material or equipment proposed is equivalent or equal to that named, subject to the following requirements:

1. The burden of proof as to the type, function, and quality of any such substitute product, material, or equipment shall be upon the Contractor.

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2. The Construction Manager will be the sole judge as to the type, function, and quality of any such substitute and the Construction Manager's decision shall be final.

3. The Construction Manager may require the Contractor to furnish at the Contractor's expense additional data about the proposed substitute.

4. The City may require the Contractor to furnish at the Contractor's expense a special performance guarantee or other surety with respect to any substitute.

5. Acceptance by the Construction Manager of a substitute item proposed by the Contractor shall not relieve the Contractor of the responsibility for full compliance with the Contract Documents and for adequacy of the substitute.

6. The Contractor shall be responsible for resultant changes including design and construction changes and all additional costs resulting from the changes which the accepted substitution requires in the Contractor's Work, the Work of its Subcontractors and of other contractors, and shall effect such changes without cost to the City.

3.2 Procedures
The procedure for review by the Construction Manager will include the following:

1. If the Contractor wishes to provide a substitute item, the Contractor shall make written application to the Construction Manager on the "Substitution Request Form".

2. Unless otherwise provided by law or authorized in writing by the Construction Manager, the "Substitution Request Form(s)" shall be submitted within the 35-calendar day period after award of the Contract.

3. Wherever a proposed substitute item has not been submitted within said 35-day period, or wherever the submission of a proposed substitute material or equipment has been judged to be unacceptable by the Construction Manager, the Contractor shall provide the product, material, or equipment indicated in the Contract Documents.

4. The Contractor shall certify that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, and be similar and of equal substance to that indicated, and be suited to the same use as that specified.

5. The Construction Manager will evaluate each proposed substitute within a reasonable period of time.

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6. As applicable, no shop drawing submittals shall be made for a substitute item nor shall any substitute item be ordered, installed, or utilized without the Construction Manager's prior written acceptance of the Contractor's "Substitution Request Form".

7. The Construction Manager will record the time required by the Construction Manager in evaluating substitutions proposed by the Contractor and in making changes by the Contractor in the Contract Documents occasioned thereby. Whether or not the Construction Manager accepts a proposed substitute, the Contractor shall reimburse the City for the charges of the Construction Manager for evaluating each proposed substitute.

3.3 Required Statements and Information
The Contractor's application using the "Substitution Request Forms" shall contain the following statements and information which shall be considered by the Construction Manager in evaluating the proposed substitution:

1. The evaluation and acceptance of the proposed substitute will not prejudice the Contractor's achievement of substantial completion on time.

2. Whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents to adopt the design to the proposed substitute.

3. Whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty.

4. All variations of the proposed substitute from the items originally specified will be identified.

5. Available maintenance, repair, and replacement service will be indicated.

The manufacturer shall have a local service agency (within 50 miles of the site) which maintains properly trained personnel and adequate spare parts and is able to respond and complete repairs within 24 hours.

6. Itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including cost of redesign and claims of other contractors affected by the resulting change.

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3.4 SUBSTITUTION REQUEST FORM
To:

Project:

Specified Item: Section Page Item Number Paragraph
Description:

The undersigned requests consideration of the following:

Proposed Situation: (put N/A where not appropriate)
Manufacturer: Color:

Model Number: Material:

Attached data includes product description, specifications, drawings, photographs, performance and test data adequate for evaluation of the requests; applicable portions of the data are clearly identified. Attached data also includes description of changes to Contract Documents which the proposed substitution requires for proper installation.

Submitted by:

Signature: Title:

License Category: License Number:

Firm: Phone Number:

Address:

Telephone: Fax:
*CITY ACTION:

C Accepted
C Accepted as Noted
C Not Accepted
C Received too Late
By: Date:

Remarks:
***END OF SECTION***

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SECTION 01700

CONTRACT CLOSEOUT

1.0 OPERATION AND MAINTENANCE
Prior to the delivery and installation of any item of machinery or equipment the Contractor shall submit the Operation and Maintenance Manual. The manual will be reviewed by the Construction Manager for general content, and the Construction Manager will advise the Contractor within five days of receipt if the manual is acceptable in general content for the delivery and installation of the equipment or machinery. No equipment or machinery shall be delivered or installed if the general content of the manual is found to be deficient. The final Operation and Maintenance Manuals must be submitted and favorably reviewed prior to final acceptance.

All manuals shall be bound and marked to indicate the specific equipment furnished for this project and shall include:
a. Assembly and disassembly instructions
b. Lubrication instructions
c. Maintenance and reinstallation instructions
d. Parts identification
e. List of spare parts recommended to have on hand
f. Operator safety
g. Installation drawings

2.0 EQUIPMENT START-UP
After all acceptance tests have been completed by the Contractor and City but prior to final acceptance, the Contractor shall recheck all equipment for proper alignment and adjustment, relubricate all bearing and wearing points, and in general assure that all equipment is in proper condition for regular continuous operation.

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01400-136

3.0 FINAL CLEANING

3.1 Final Clean Up
Before final inspection of the Work, the Contractor shall clean the construction area, material sites, adjacent property and streets, and all ground occupied by the Contractor in connection with the Work of all rubbish, excess materials, USA Markings, form lumber, etc. All parts of the Work shall be left in a neat and presentable condition.

3.2 Final Building Clean-Up
On all building projects and wherever else applicable, besides general broom cleaning, the following special cleaning shall be performed at completion of the Work:

A. Marks, stains, fingerprints, and other soil and dirt shall be removed from painted, decorated, or stained work.

B. Waxed woodwork shall be cleaned and polished.

C. Hardware shall be cleaned and polished of all traces; this shall include removal of stains, dust, dirt, paints, and blemishes.

D. Fixtures and equipment shall be cleaned and stains, paint, dirt, and dust shall be removed.

E. Dust, cobwebs, and traces of insects and dirt shall be removed.

4.0 WARRANTY
The Contractor hereby agrees to make, at its own expense, all repairs or replacements (as directed by City at City's option) necessitated by defects in materials or workmanship, supplied under terms of this Contract, and pay for any damage to other works resulting from such defects, which becomes evident within two (2) years after the date of acceptance of the project or the Substantial Completion date whichever is later or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents. The Contractor further assumes responsibility for a

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similar guarantee for all work and materials provided by subcontractors or manufacturers of packaged equipment components. To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the City, the Construction Manager, and their officers, directors, agents and employees against and from all liabilities, claims, costs, expenses, losses and damages, including without limitation actual attorneys' fees and legal costs, arising in connection with any defects or Contractor's failure to repair or replace defects as required by this Paragraph 01700-4.0, Warranty.

The Contractor shall execute and submit a completed Warranty Form in the format as appended to this section for the Work, and any portion of the Work possessed in accordance with Paragraph 00700-3.5, City's Right to Use or Occupy. The Warranty Form shall be submitted prior to the Substantial Completion date or the final acceptance of the project or within five (5) days of the occupancy or use of a portion of the Work, whichever is applicable.

The Contractor shall, upon the receipt of notice in writing from the City, promptly make all repairs arising out of defective materials, workmanship, or equipment.

The City is hereby authorized to make such repairs, and the Contractor and its Surety shall be liable for the cost thereof, if ten (10) days after giving of such notice to the Contractor, the Contractor has failed to make or undertake the repairs with due diligence. In case of emergency, where in the opinion of the City delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the expense in connection therewith shall be charged to the Contractor, and its Surety shall be liable for the cost thereof.

Prior to the expiration of the Warranty period, the City reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds and maintenance requirements and determine required repair or replacement of defective items.

For the purpose of this paragraph, acceptance of the Work or a portion of the Work by the City, shall not extinguish any covenant or agreement on the part of the Contractor to be performed or fulfilled under this Contract which has not, in fact, been performed or fulfilled at the time of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled.

The City and the Contractor agree that warranty on the parts of the work possessed and used by the City in accordance with Paragraph 00700-3.5, "City's Right to Use or Occupy," shall commence on the date that the City takes possession of such work and so notifies the Contractor in writing. The City and Contractor further agree that such possession, and use of the work shall not be deemed as Substantial Completion or acceptance of any other part of the Work.

Contractor's warranty obligations under the Contract Documents are in addition to and not in lieu of all other rights and remedies that City has under the Contract Documents and applicable law. Nothing contained in this Paragraph 01700-4.0,

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Warranty, shall be construed to establish a period of limitations with respect to any obligations which the Contractor might have under the Contract Documents or applicable laws including without limitation its obligations under Paragraph 01700-

4.0, Warranty. Establishment of the time period of one (1) year, as described in this Paragraph 01700-4.0, Warranty, relates only to these specific obligations of the Contractor to correct the Work if a defect becomes apparent during the warranty period, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations under the Contract Documents.

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No. 26-PW-309 SECTION 01400-139

WARRANTY FORM
Warranty For
City of Gilroy
We hereby guarantee the Precast Concrete Fence Replacement Project No. 26-PW-309 (Project/Component) that we have constructed for a period of two (2) years from the date of acceptance of the work/substantial completion by the (City of Gilroy) .

The following are excluded from the provisions of this warranty:

We agree that if any of the equipment should fail due to any reason other than improper maintenance or improper operation, if any pipe or appurtenances should develop leakage, or if any settlement of fill or backfill occurs, or should any portion of the work fail to fulfill any of the requirements of the Specifications, we will, within ten days after written notice of such defects, commence to repair or replace the same together with any other work which may be damaged or displaced in so doing.

In the event of our failure to comply with the above mentioned conditions within ten (10) days after being notified, or should the exigencies of the case require repairs or replacements to be made before we can be notified or respond to notification, we do hereby authorize the (City of Gilroy) to proceed to have the defect repaired and made good at our expense, and we will pay the cost therefor upon demand.

The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or other obligations otherwise imposed by the Contract Documents and by law.

Contractor:

Signed:

Title:

Date:
***END OF SECTION***

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 01400-140
Division 2 – Technical Specifications
SECTION 700 -- General Construction Information and Requirements SECTION 701 THRU 703 – Mobilization, Traffic Control, and Erosion and Sediment Control SECTION 704 – Precast Concrete Fence Specifications

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 700-141
SECTION 700

GENERAL
700-01 Standard Specifications and Details
A. The work provided herein shall be performed in accordance with the California Department of Transportation Standard Specification, 2022 edition, Standard Plans 2022 edition hereinafter referred to as the “Caltrans Specifications” and “Caltrans Standard Plans” and the City of Gilroy Standard Specification. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall govern.

B. Whenever in the Contract Documents references are made to published specifications, codes, standards, or other requirements, it shall be understood that if a date is not specified, only the latest specifications, standards, or requirements of the respective issuing agency which have been published as of the date that the Work is advertised for bids shall apply; except to the extent that said standards or requirements may be in conflict with applicable laws, ordinances, or governing codes. No requirements set forth herein or shown on the drawings shall be waived because of any provision of, or omission from, the standards or requirements.
700-02 Order of the Work
The Contractor shall control operations such that the following conditions can be met:

PROJECT REQUIREMENTS:

A. See Section 01010, Summary of Work, for contractual restrictions and requirements on the work.

GENERAL:

A. All work shall be coordinated with the Traffic Control Plans, Traffic Detour Plans, Pedestrian and Bicycle Detour Plans, Project Schedule, Contract Period, Submittals, and other requirements of these Contract Documents. Traffic control work will not be allowed to proceed if traffic control does not conform to approved traffic control plans. Failure to provide approved signs, detours, bike lanes, sidewalk closures, etc. will result in a suspension of work. The contract period will remain in force and continue in lieu of suspended work.

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B. All necessary submittals shall be submitted and accepted by the Engineer prior to the scheduling of any phase of work and start of construction.

C. Traffic controls for all phases of work shall be in place, reviewed, and acceptable to the Engineer prior to the start of construction. The Engineer may require changes in the traffic control based on observed conditions. Work will not commence until traffic control is in place each day. The contract period shall remain in force in the event of work stoppage due to unacceptable traffic control applications.

D. Any modification to the traffic control plans shall be approved in advance by the Engineer.

E. Contractor shall coordinate with City Public Works for limits and number of blocks of detours. Any modifications to the detour require advance approval by City Engineer.

F. Required notifications shall be delivered prior to each applicable phase of the work.

G. The City reserves the right to direct the order of work in the interest of Public safety and convenience. The Engineer will endeavor to give the Contractor 72 hours’ notice of any such directed order of work.

H. Contractor shall allow utility owners access to the work and shall schedule around interference by utility owners performing concurrent work.

I. Closed lanes or areas shall be opened to traffic and traffic controls removed as soon as the work is complete.

J. Punch List items for all phases of work shall be completed within 10 days of the notice by the engineer.

K. Contractor shall allow access of emergency vehicles at all times.

L. If a traffic loop is damaged the contractor shall notify the Engineer immediately. Damaged traffic loops shall be replaced within 48 hours of being damaged at the Contractor’s expense.
700-03 Requirements of the Work
A. No Streets shall be closed prior to 7:30 a.m. and shall be opened no later than 4:30 p.m.

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B. Streets within one block of a school shall not be closed before 9:00 a.m. and shall be opened no later than 2:00 p.m. while schools are in session.

C. Contractor shall record and offset mark all utility penetrations of the pavement prior to the work.

D. No work shall be performed on Saturday, Sunday, or holidays unless approved in advance by the Engineer. Holidays are as follows:

New Year’s Day January 1
st
Martin Luther King Day 3
rd Monday in January
Presidents Day 3
rd Monday in February
Cesar Chavez Day March 31st
Memorial Day Last Monday in May
Independence Day July 4
th
Labor Day 1
st Monday in September
Veterans Day November 11th
Thanksgiving 4
th Thursday in November
Day After Thanksgiving 4
th Friday in November
Christmas Eve December 24th
Christmas December 25th
City Permitted Events
Contractor is required to check
regularly and schedule work around
City Permitted events
Note: If holiday falls on a weekend, a Saturday holiday will be observed on Friday and a Sunday holiday will be on Monday. If a 2- day holiday falls on a weekend, the City will determine which two weekdays will be holidays. Contractor is required to obtain the City’s authorized holidays that will impact the project during the Contract.

E. Work shall be scheduled so that there is parking on adjacent streets for the businesses and residences of the street being worked on.

F. Additional requirements and restrictions on the work are contained in other sections herein.

G. If the Contractor’s work extends beyond an 8-hour day, the Contractor will be responsible for and reimburse the City for overtime incurred due to the Contractor’s operations. Overtime will include hours in excess of 8 hours per workday shift and 40 hours per work week.
700-04 Submittals

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A. In addition to the required submittals of the Standard Specifications, the Contractor shall submit the following submittals and/or shop drawings in adequate detail, including a list of all deviations from the Contract Documents for each item submitted. The Contractor shall submit the following items to the Engineer for review at least five (5) working days prior to the Pre-construction Meeting. The Engineer will review the following:

General Requirements
Project Schedule
Public Notices
Haul Routes
Traffic Control Plans
Pedestrian and Bicycle Detour
Plan ESCP
“No Parking” signs
700-05 Submittal Procedures
A. Each submittal item shall be individually numbered so that approved and rejected submittals can be tracked.

B. Submittals shall be prepared in a professional manner, and all effort shall be made to prepare complete and tailored submittal packages.

C. Contractor shall use Virtual Project Manager for all RFIs and Submittals
D. Each transmittal shall identify the specification section that relates to item being submitted. Only materials relevant to this project are to be included in the Submittal.

E. Before submission of each submittal, determine and verify quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar data with respect thereto; review and coordinate each submittal with other submittals, requirements of work, and the Contract Documents.

F. At the time of each submission, give the Engineer specific written notice of each variation that the submittal may have from the requirements of the Contract Documents. If a variation is identified that was not brought to the attention of the Engineer, correction shall be at the Contractor’s expense.

G. The Engineer will review up to two (2) submittals for each item. It is

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considered reasonable that the Contractor shall make a complete, tailored, and thorough submittal to the Engineer by the second submission of a submittal item. All costs to review a submittal submitted more than twice to receive a “Re-submittal Not Required” or other approval designation, shall be borne by the Contractor. The Owner reserves the right to withhold moneys due the Contractor to cover additional cost of the Engineer’s review beyond the second submittal.

H. The Engineer’s review is for general conformance to the Contract Documents and no check will be made to confirm dimensions, compatibility with other elements of the Work, or deviations from the Contract Documents which have not been specifically identified by the Contractor. Contractor is responsible for the sequencing and installation of complete, functional improvements in accordance with the Contract Documents.

I. Engineer’s review will be only for conformance with the design concept of the project and for compliance with the information given in the Contract Documents, not extending to means, methods, techniques, sequences, or procedures of construction, (except where a specific means, method, technique, sequence, or procedure of construction is indicated in or required by the Contract Documents), nor to safety precautions or programs incident thereto.

The review of a separate item, as such, will not indicate the review of the assembly in which the item functions.

J. Where a shop drawing or sample is required by the Specifications, related work performed prior to Engineer’s review and approval of the pertinent submission shall be at the sole expense and responsibility of Contractor.

K. Review, acceptance, or approval of substitutions, schedules, shop drawings, list of materials, and procedures submitted or requested by Contractor shall not add to the Contract amount, and additional costs, which may result therefrom, shall be solely the obligation of Contractor.

L. Owner is not precluded, by virtue of review, acceptance, or approval, from obtaining credit for construction savings resulting from allowed concessions in the work or materials therefore.

M. Owner is not responsible to provide engineering or other services to protect Contractor from additional costs accruing from submittals.

N. Submittals processed by Engineer do not become Contract

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Documents and are not Change Orders. The purpose of submittal review is to establish a reporting procedure and is intended to allow the Engineer to monitor Contractor’s progress and understanding of the design.

O. In the event that an item is called for by a specific product or trade name, Contractor will have 35 days after the award of the Contract for submission of data substantiating a request for a substitution of “an equal” item. In the event Contractor furnishes any “or equal” equipment or material more expensive than that specified in the bid form, the difference in cost of such material so furnished will be borne by Contractor under Public Contract Code section 3400.

Along with information supplied by the Contractor regarding equivalency of the proposed item, the Contractor shall clearly identify all deviations from the specified item. Deviations discovered by the Engineer after acceptance of an “or equal” item which were not identified by the Contractor with the submittal shall be cause for rejection of the “or equal” item. Changes that result from the Contractor’s use of “or equal” items shall be the sole responsibility of the Contractor and he shall bear all time and cost impacts to the project.

Additional testing may be required, and all costs for testing shall be borne by Contractor
P. Owner reserves the right to modify the procedures and requirements for submittals, as necessary to accomplish the specific purpose of each submittal. Direct inquiries regarding the procedure, purpose, or extent of any submittal to the Engineer.
700-06 Pre-Construction Conference
A pre-construction meeting shall be conducted prior to commencement of construction at a time and place designated by the Engineer. Those attending the meeting shall include, but not be limited to, the following:

A. The Contractor, the Contractor’s Representative and superintendent who will be supervising the work for the duration of the project.

B. The City of Gilroy Engineering Division.

C. Construction Manager.

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Pre-construction conference will not be scheduled until the following has been submitted:

A. Construction Schedule
B. Erosion and Sediment Control Program (ESCP)
700-07 Coordination with Concurrent Projects
A. Several projects may be ongoing within the limits of the work during the Contract Period. The Contractor is required to coordinate the work with the other Contractors such that all projects can be diligently pursued to their timely completion. Interfacing work shall be shown on the project schedule, and the Contractor shall be responsible for meeting that schedule. Contractor shall include time for others to perform work within the Work Area and this shall be reflected in the Project Schedule. Delays due to interfacing with concurrent projects are considered avoidable and no compensation will be made therefor. Contractor shall include in the bid all costs for coordination, scheduling, meetings, staging and the like that result from interfacing with concurrent work.

B. Contractor shall be responsible for obtaining contract documents including plans and specifications and thoroughly understanding the requirements of and Work called for in the contract documents for concurrent projects. The Contractor shall include in the bid all costs for Work called for or indicated in Contract Documents for this project even though shown in the contract documents prepared for concurrent projects. There are no concurrent projects in the working area.
700-08 Daily Report
A. The Contractor shall complete a Daily Report indicating manpower, major equipment used and on standby (itemized separately), subcontractors, materials used, and similar items involved in the performance of the Work. The Daily Report shall be completed on forms prepared by the Contractor and
acceptable to the Engineer and shall be submitted to the Engineer prior to construction on the subsequent workday.

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1. Contractor’s Representative shall supply daily reports to the inspector at the start of work on a daily basis. If the contractor fails to provide daily reports for 2 or more working days during the scheduled work week, then work will be stopped until all paperwork is current. Contract period shall continue to be in force during work stoppage.

B. The Contractor shall submit as requested Certified Payroll Statements for each employee involved with the Work including subcontractors. Submission of certified payroll does not relieve the Contractor of his responsibility to pay prevailing wage. 700-10 Standard Specifications and Details
A. All materials and construction shall be in accordance with the Caltrans Standard Specifications 2022 Edition except as provided by these Contract Documents.

B. Work shall be done in accordance with City of Gilroy Engineering Division Construction Standard Details dated June 2014 (or latest revisions) whenever Standard Detail (STD. DTL.) is referenced on the plans or herein.

C. All referenced specifications and details shall be incorporated into these Contract Documents, plans and specifications and made a part hereof as if spelled out in their entirety hereon.
700-11 Review of Contract Documents and Job Site
The Contractor shall carefully study and compare each element of the Contract Documents with each other and with information available to the Contractor and furnished by the Owner and shall immediately notify the Engineer of errors, inconsistencies or omissions discovered. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Engineer, the Contractor shall assume appropriate responsibility for such performance and shall assume responsibility for the cost of correction.
700-12 Responsibility for Job Site Conditions
A. Contractor agrees that, in accordance with generally accepted construction practices, Contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of this Project including safety of all persons and property, that this requirement shall be made to apply continuously

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and not be limited to normal working hours, and Contractor further agrees to defend, indemnify and hold the City’s design and construction observation professionals harmless from all liability and claims, real or alleged, in connection with the performance of work on this Project.

B. The Contractor shall make field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies, or omissions discovered shall be reported to the Engineer immediately by telephone and in writing. When conditions are encountered which, in the opinion of the Engineer, require temporary suspension of work for design modifications or for other determinations to be made, the Contractor shall move to other areas of work until such determinations are made at no cost to the Owner.

No additional compensation will be allowed by reason of such temporary suspension of a portion of the Work, or modifications to work. Appropriate extension of time for completion may be allowed where justified in the opinion of the Engineer. If articles having archeological significance are identified, the Contractor shall suspend work to allow evaluation by the Engineer.
700-13 Protection of Property and Improvements
Contractor agrees to assume sole and complete responsibility for protection of public and private property in the vicinity of the job site and further agrees to, at Contractor's expense, repair or replace to original condition all existing improvements within or in the vicinity of the job site which are not designated for removal and which are damaged or removed as a result of Contractor's operations.
700-14 Differing Conditions
Contractor shall not willfully install work as shown on the drawings when it is obvious in the field that obstructions, grade differences or differences in the area dimensions exist that might not have been considered or observed during design. Contractor shall promptly notify the Engineer and the agency having jurisdiction by telephone and in writing upon discovery of, and before disturbing, any physical conditions differing from those represented by approved plans and specifications. In the event this notification is not performed, the Contractor shall assume full responsibility for necessary revisions.
700-15 Staging Area

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The contractor is responsible for securing their own staging area. The contractor shall not base their bid on the assumption of storing equipment or materials within the road right-of-way. Approval of any staging location is required prior to the start of work. If the contractor is authorized to use any portion of a street, parking lot, or other location on City property, they shall repair it as required by the Engineer and fog seal and restripe to the limits required by the Engineer at no additional cost.
700-16 Investigating of Site Conditions
A. It is the responsibility of each Bidder before submitting a Bid:

1. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents;

2. To visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work;

3. To consider federal, state and local laws and regulations that may affect the cost, progress, or performance of the Work;

4. To study and carefully correlate the Bidder’s observations with the Contract Documents;

5. To notify the Engineer of all conflicts, errors, ambiguities, or discrepancies in or between the Contract Documents and
such other related data; and

6. The Contractor shall assume all responsibility for deductions and conclusions as to the difficulties in performing the work.

7. The Plans show conditions as they are supposed or believed by the City to exist. The City does not warrant the
completeness or accuracy of such information. It is the Contractor’s responsibility to ascertain the existence of all conditions affecting the cost of work.
700-17 Restoration of Existing Improvements
Existing improvements damaged during the course of the work shall be reconstructed in accordance with the applicable provisions of these Specifications, and, unless otherwise shown on the Plans or indicated in the Specifications, shall conform to the following requirements.

A. All curbs, gutters, and sidewalks shall be removed and replaced to

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the next joint or scoring beyond the actual damaged or broken sections. In the event a joint or scoring line does not exist, or in the event that said joint is six (6) feet or more from the removed or damaged section, the damaged concrete shall be removed to Engineer's marks and reconstructed to neat, plane faces.

B. A concrete saw shall be used to sawcut limits for removal of existing concrete improvements.

C. All new concrete shall match, as nearly as possible, the appearance of adjacent concrete improvements. Where necessary, lampblack or other pigments shall be added to the new concrete to attain the desired results. The contractor is responsible for pouring test panels for acceptance by the Engineer at no additional cost to the City.

D. All costs involved in the removal and replacement of existing improvements shall be considered incidental and included in the various other bid items of work.
700-18 Right-of-Way
A. As shown on the Plans, certain portions of the work are in close proximity to improvements, such as fences, paved areas, public bike/walking path, water, drains, utilities, sewers and other substructures, trees and other plantings. All said improvements shall be maintained in place and shall not be disturbed or damaged, except as indicated on the Plans.

B. The Contractor shall completely replace or restore to a condition matching or exceeding the condition prior to its disturbance by Contractor’s operations, any building, fence, paved area, driveway, irrigation facility, or other substructure not indicated as being relocated or reconstructed on the Plans. The Contractor shall replace or reconstruct such improvements to the same respective positions they occupied at the beginning of the work under the contract. Repair or replacement shall be completed within 48 hours after discovery of the damage at the sole cost of the contractor.

C. The Contractor shall not be entitled to the exclusive use of any public street or roadway during the performance of the work under the contract, and the Contractor shall conduct operations so as not to interfere unnecessarily with business, traffic, pedestrians, bicyclists and the authorized work of utility companies or other agencies in the street or roadway rights-of-way. Neither the Specifications nor the Plans shall be construed to entitle the Contractor to conduct operations within the rights-of-way which are in violation of any local, county, or

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state ordinance or regulation restricting interference with water courses and drainage channels. The Contractor shall take adequate precaution against obstructing storm water flow within the project limits. The Contractor shall not deposit excavated materials, store equipment or construction materials within the street.
700-19 Environmental Controls
A. The Contractor in executing the Work shall maintain affected areas within and outside project boundaries free from environmental pollution that would be in violation of federal, state, or local regulations.

B. All costs for Environmental Controls shall be considered included in other pay items and no additional compensation shall be made therefor.
700-20 Offsite Work
Offsite construction work is not permitted without prior written permission of the affected offsite property owner. Work shown outside of the right-of-way or City owned property shall not commence until approval in writing is obtained from offsite property owner and delivered to the City. 700-21 Dust Control
A. The Contractor at its expense shall take whatever steps, procedures, or means as are required to prevent abnormal dust conditions being caused by its operations in connection with the execution of the Work; and on any unpaved road which the Contractor or any of its subcontractors are using, excavation or fill areas, demolition operations, saw cutting, or other activities. Control shall be by sprinkling, use of dust palliatives, modification of operations, or any other means acceptable to agencies having jurisdiction. Haul routes on unpaved access road shall be kept visibly wet during excavation and hauling operations.

B. The Engineer must approve the haul route(s) for all constructionrelated trucks, five tons or more, entering or exiting the site. 700-22 Street and Paved Area Materials
The City owns all recoverable materials from the work. The City reserves the first right of refusal of recoverable materials (an example would be pavement grindings). The City reserves the right to evaluate the first right

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of refusal on a continuous basis. If the City refuses the recoverable materials, the material becomes the property of the Contractor when they are removed from the site and the Contractor shall be required to dispose/recycle of all recoverable materials in a proper and legal manner.

The Contractor shall include in the bid all costs for disposal or recycling.

Materials removed from the site without the expressed permission of the City will be back charged to the Contractor and deducted from moneys owed to the Contractor. Materials desired by the City shall be delivered by the Contractor to a location within the City Limits as directed by the Engineer. 700-23 Permits
A. Before beginning work, Contractor shall confirm with agencies having jurisdiction that they have obtained all permits and licenses and given all notices.

B. Contractor must comply with all Laws governing discharge stormwater, including applicable municipal stormwater management programs.

C. The Engineer must approve the haul route(s) for all constructionrelated trucks, five tons or more, entering or exiting the site.

D. Contractor shall not begin excavation sooner than two (2) work days after notifying Underground Service Alert and obtaining an inquiry Identification Number. The contractor shall provide the inquiry Identification Number to the Engineer prior to any excavation, if necessary.
700-24 Non-Working Foreman
This section is intentionally left blank.
700-25 Project Superintendent
In addition to the Foreman, the Superintendent will be the Contractor’s Representative at the site and shall have authority to act on behalf of the Contractor for all matters. All communications given to the superintendent shall be as binding as if given to the Contractor. Lack of supervision will be grounds for a Stop Work notice issued by the City, in which case no work will be performed until the condition has been remedied. The Contractor’s Representative is required to be on site at all times the work is in progress. 700-26 Payment

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No separate payment will be made for work or other features as required and outlined in this section, “General”; full compensation for work and features shall be considered included in the price for other applicable items of work, and no additional compensation will be allowed therefor.

Liquidated Damages for Failure to Meet Requirements of the Specifications This section outlines procedural requirements of the Contractor to reduce impact to the public during the execution of this contract. If the work is not prosecuted as outlined herein the City and the public will be damaged. These damages include, but are not limited to, impacts to the public, additional inspection time and additional project management time.

Since it is impracticable to determine the actual damage which the City and the public will sustain by reasons of the Contractor’s failure to comply with the provisions of these special provisions, City and Contractor agree the Contractor will pay to the City a sum as set forth below. The Contractor agrees to pay such liquidated damages as are provided for in this paragraph, and in case the same are not paid, Contractor agrees that the City may deduct the amount of such liquidated damages from any money that is due or that may be due the Contractor under this contract.

Description of Contractual Requirement:
• Traffic lanes shall be opened by 5:00 PM every day for all phases of work. • Once work has been scheduled and businesses and residents have been noticed that a street will be worked on by the Contractor, the Contractor is required to perform the work on the date of the notice unless prevented by an unavoidable delay.
• The contractor shall notify all affected businesses and residents a minimum of two weeks in advance of scheduled work unless prevented by an unavoidable delay.
• The Contractor shall place “No Parking” signs at the specified (30 feet or as approved by the Engineer) interval 72-Hours prior to the start of work. • The Contractor is required to complete the punch list items of work within ten working days of the issuance of formal final punch list. • The Contractor is required to provide flagmen, construction signage and traffic control in conformance with the latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD) at all times during construction work.
• The Contractor shall have traffic control in place per the approved traffic control plan prior to commencement of work for all phases of work.

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Summary of Liquidated Damages
Infraction Time Frame Liquidated
Damage
Failure to open lanes by 5:00 PM For each hour or part
thereof $200 per lane
Failure to perform work on a scheduled
and noticed street Per occurrence $300 per
street
Failure to post and notify businesses and
residents 2 weeks in advance of scheduled
work
Per occurrence $300 per
street
Failure to place No Parking signs 72 hours
prior to work commencement Per occurrence $300 per
street
Failure to place No Parking signs at
specified intervals.

Per occurrence $300 per
street
Failure to remove No Parking signs by the
end of the day the work is completed Per Day $300 per
street
Failure to place temporary cross walks,
stop bars and legends prior to opening a
street to traffic
For each day or part
thereof $300 per
street
Failure to complete punch list items of work
within ten working days of final installation
of concrete work
For each day or part
thereof $300 per
street
Failure to start work on Notice to Proceed
date
Notice To Proceed Per General
Conditions
Failure to provide flagmen, construction
signage and traffic control in conformance
with the latest CA-MUTCD.

For each occurrence $500 per day
Failure to have traffic control in-place prior
to commencement of any phase of work
For each day or part
thereof $1,000 per
street
Damages for delay per Section 00810 For each day or part thereof $3,600 per day
Liquidated Damages for Failure to Start Work
It is the City’s intent to have the work prosecuted as quickly as possible. This section shall apply to starting up the project or re-starting a project that has a mutually agreed to work stoppage.

The Contractor shall diligently prosecute the work and be ready to start immediately upon receiving Notice to Proceed. The Contractor shall submit a project Schedule and said schedule shall be approved by the Engineer prior to commencement of the work. The Contractor shall be prepared to submit the mix design by day three. The Contractor shall start construction within 10 days of the Notice to Proceed. The contractor shall immediately re-start work on the date agreed to after a work stoppage. If the Contractor does not diligently

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 700-156
prosecute the work after being notified that he is not diligently prosecuting the work or fails to start work within ten days of the Notice to Proceed or re-start work on the agreed upon date, this shall be considered an avoidable delay and the Contractor shall be charged Liquidated Damages for each day, regardless of the time it occurs within the Contract Period. The Contractor may at his option elect to be charged for each day of work or have the Contract Period reduced by one day, for each day making the contract end one day sooner for each day not worked.

END OF SECTION 700

TECHNICAL SPECIFICATIONS

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 701-157
SECTION 701

MOBILIZATION
701-01.1 General Requirements
Mobilization and demobilization includes all costs associated with all preparatory and operational work necessary to provide for insurance, bonds, required permits and fees, submittals, shop drawings, public notification, project phasing, multiple move ins and move outs which are required to prosecute the work, work sequencing, staging, tree trimming, trimming plants or bushes encroaching into the public right of way, notification, surveying, cleanup and restoration of any damage, project phasing, supervision, project management, project office, coordination of concurrent work with other contractors, schedules, meetings, preparing “as-built” plans or record drawings, clean up, repairs, temporary fencing, movement of personnel, equipment, supplies, and incidentals to and from the project site; the establishment of all other facilities necessary for work on the project; for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items of work at the project site; and work and improvements called for or implied by the Contract Documents, which are not included in the other bid items but are required to complete the Work.

The contractor shall provide schedule of value for mobilization items.

END OF SECTION 701

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 702-158
SECTION 702

TRAFFIC CONTROL, PARKING RESTRICTIONS AND SIGNAGE
702-01 General
A. Traffic control shall be coordinated to minimize inconvenience and maximize safety of the public during the construction period. Traffic control shall be installed and in accordance with the California Manual on Uniform Traffic Control Devices (CA MUTCD) most recent edition published by the State of California Department of Transportation. Traffic includes vehicles, bicycles and pedestrians.

B. All arterial street (four or more lanes) traffic control shall be performed by a sub-contracted company specializing in traffic control for street work or by a division of the company that specializes in and sub-contracts to other companies to provide traffic control.

C. Personal vehicles of the Contractor’s employees shall not be parked on the traveled way or shoulders of the construction zone, including any section closed to public traffic. Employees’ personal vehicles may be parked on adjacent streets within the legal parking areas.

D. When traffic cones or delineators are used to delineate a temporary edge of traveled way, the line of cones or delineators shall be considered to be the edge of traveled way. However, the Contractor shall not reduce the width of an existing lane to less than ten (10) feet without advanced written approval from the Engineer.

E. The Contractor shall furnish and post signage with ample warning, where necessary, to inform the public about closures or restrictions on streets and at parking area entrances.

F. Except as otherwise provided, the full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays, and designated legal holidays and when construction operations are not actively in progress.

G. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the component to its original condition, or replace said component and restore it to its original location. Failure by the Contractor to continuously maintain the approved traffic control devices shall be

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 702-159
sufficient cause for the Engineer to stop all work protected by or associated with such traffic control devices. If the Contractor fails to continuously maintain such traffic control devices, within 2 hours of notification, the Engineer may perform such work with City or contracted services and deduct costs for this work from money due the Contractor. The Contractor remains responsible for safety.

H. Upon completion of the work in an area requiring traffic control, all components of the traffic control system shall be removed from the site of the work.

I. The Contractor shall be fully responsible for maintaining all traffic control during the construction period and shall furnish all traffic control equipment, signs, and barricades necessary to meet the requirements of these specifications, the direction of the Engineer and required to complete the project.
702-02 Traffic Control Plan and Requirements
A. Two weeks prior to start of construction the Contractor shall submit to the Engineer for approval a detailed plan for traffic control and signal coordination (when required) during the various construction operations.

B. The Traffic Control Plan shall show all required barricading, flagman, signage, tapers, and traffic routing as may be required to maintain traffic circulation through, and in the vicinity of construction operations. The plan shall show in detail how traffic will be routed through and around the construction site, including traffic from cross streets, alleys, and private drives. The plan shall also show the location of placement for signs that will provide advance warning to through traffic of street closure. The Traffic Control Plan shall be prepared in accordance with the California Manual on Uniform Traffic Control Devices (CA MUTCD) by the State of California Department of Transportation.

C. Construction operations shall not commence without prior review and approval of the Traffic Control Plan by the City Engineering Division and the Engineer.

D. Construction operations shall not commence on a daily basis until all traffic control is in-place. Work will be suspended until traffic control is in place and accepted. Failure to comply with the approved traffic control plan and any direction of the Engineer will be grounds for immediate suspension of the construction operation until the Contractor makes such changes. The contract period shall remain in

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 702-160
force throughout the suspension of the work.

E. The Engineer may require field alterations of the traffic control plan as necessary to provide for the safety and convenience of public traffic. The Contractor shall place, relocate or remove components of the traffic control system when directed by the Engineer, at no additional cost. Failure to comply with the approved traffic control plan and any direction of the Engineer will be grounds for immediate suspension of the construction operation until the Contractor makes such changes.

F. As an integral part of the traffic control plan, the Contractor shall designate one person as Traffic Lead for traffic control and that person shall be on the job site and available to the Engineer at all times during construction and for the duration of the project. The Traffic Lead shall be in possession of a cellular phone at all times and cellular number shall be provided to Engineer to allow for communication at any time. The Traffic Lead shall be responsible for the proper placement and operation of all traffic control components and have available sufficient additional traffic control equipment in order to quickly execute any field changes as required for the safety of the public or as directed by the Engineer for the convenience of public traffic. The Traffic Lead shall know and understand the California Manual on Uniform Traffic Control Devices (CA MUTCD) issued by the State of California Department of Transportation. The Traffic Lead shall have adequate personnel (a minimum of two) and other resources to promptly place and remove any traffic control components as required for the safety of the public or as directed by the Engineer.

G. Pedestrian and bicyclist access shall be maintained at all times to all businesses, residences and buildings adjacent to Construction. A suggested pedestrian detour route is provided in Appendix B.

H. The Traffic Control Plan shall be designed to handle traffic safely 24 hours per day, seven days per week for the duration of the Work.

Traffic deviations, detours, and roadway closure shall be coordinated with Police and Fire authorities a minimum of 24 hours in advance of implementation.

I. Contractor shall maintain traffic circulation at all times during the construction operations. Adequate flagging to accommodate public traffic shall be required; a minimum of two flaggers shall be required at all times. Flaggers shall be equipped in accordance with the Caltrans publications “Instruction to Flaggers;” each flagger shall carry a Stop/Slow paddle at all times. Radios are required if distance between flaggers exceeds 200' or line of sight. All costs for flaggers

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 702-161
shall be included in the bid.

J. The Contractor shall make every effort to allow traffic to travel through a neighborhood and shall schedule work to provide sufficient parking for residents on streets adjacent to those closed to traffic. In no case will all parking in an entire neighborhood be restricted. The Contractor shall maintain access to a neighborhood.

K. Contractor will be required to provide pedestrian and bicyclist crossings in areas which have heavy pedestrian and bicyclist traffic. (One per block minimum.) Method shall be approved by the Engineer.

L. The Contractor shall be fully responsible for keeping vehicular, bicycle and pedestrian traffic off of area of the street being overlaid and shall repair any damaged areas.

M. Contractor shall open streets to traffic as soon as possible for public convenience.
702-03 Construction Signage
A. Construction area signs shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions of the Manual on Uniform Traffic Control Devices (CA MUTCD) issued by the State of California Department of Transportation, the traffic control plan as approved by the Engineer, and these Special Provisions.

B. Work shall be performed in accordance with Sections 21400 and 21401 of the California Vehicle Code and its requirements for uniform traffic signs.

C. The base material of construction area signs shall be steel or aluminum; no plywood or cardboard signs will be allowed. Signs shall be full size; reduced size signs shall not be used.
702-04 Street Work Requirements
A. All street or lane closures shall require approval of the Engineer and must be coordinated 10 calendar days prior to the date of the anticipated street closure. Street surfaces shall be restored and cleared of traffic control for the safe flow of traffic no later than 5:00 p.m. or the time listed in the Summary of Quantities or the time specified by the Engineer, whichever is earlier.

B. Several streets in the project provide the sole access to adjacent side

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 702-162
streets or significant commercial sites; these streets must be completed in segments to allow adequate vehicular access to the adjoining streets or businesses. All arterial streets (streets with four or more lanes of traffic) shall have all turning movements maintained.

C. It is the Contractor’s responsibility to obtain trash pickup schedules and coordinate work so that trash pickup is maintained. No street or lane shall be closed on trash pickup day of each respective street (where applicable).

D. It is the Contractor's responsibility to coordinate with the City Street Maintenance Division when working on a street that is on a street sweeping schedule (where applicable).

E. It is the Contractor’s responsibility to arrange the construction schedule in such a way to allow for daily mail delivery on work streets. Such coordination with representatives of U.S. Post Office shall occur not less than each day (where applicable).

F. No two consecutive major crosstown routes (4 lanes, two in each direction or high number of vehicles per hour) will be worked on at the same time.

G. The Contractor shall make all necessary arrangements prior to start of work on a street. A minimum of 72 hours advance notice must be provided to the following:

1. City Engineering Division - (408) 846-0223

2. City Police Department - (408) 846-0350

3. City Fire Department - (408) 846-0379

4. Residences and businesses within and directly affected by the closure area (only if local traffic or access is to be prohibited or restricted)

5. United States Post Office - (408) 842-1354
Station Manager

6. Recology (Waste Collection) - (408) 842-3358

7. VTA (Gilroy Area Transit) - (408) 321-2300
702-05 Parking Restrictions and Posting for Tow Away
A. “NO PARKING” signs posted by the Contractor shall be of heavy card stock and

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 702-163
not less than 1.75 square feet of surface area on the face. Background color shall be white and letters shall be printed in red water-resistant ink except that day, date, time of restriction and date posted may be printed in black water-resistant ink. The signs shall be printed with the words “Tow Away,” “No Driving” and “No Parking” with a character height of not less than 2.75 inches and a stroke width of not less than 0.5 inches. The day, date, and time of the particular restriction shall be printed below the above-mentioned wording in characters of not less than 2.0 inches in height and 0.4 inches in stroke width. The day of the week shall be written out or properly abbreviated with three or four letters; date or dates of restriction shall be listed completely; the beginning and ending times shall be clearly listed on the sign.

Each sign shall list the name and local phone number of the Contractor’s Representative in letters of not less than 0.75 inch in height; the Contractor shall staff such phone lines to answer all phone inquiries by the public between the hours of 7 a.m. and 6 p.m. on working days.

If the schedule changes the Contractor shall immediately remove or modify incorrect signage to indicate the correct day and date of operation to be performed.

Reposting of “No Parking” restrictions shall be no less than 72 hours before restriction becoming effective.

B. Signs shall be mounted such that the wording “NO PARKING” is at an elevation at least three feet and not more than seven feet above the adjacent street or gutter flowline. Signs may be tied with string to trees and utility poles, taped to existing sign poles, or mounted to stakes, barricades or delineators provided by the Contractor.

C. The signs shall be placed as needed to control the parking of cars within the construction zone; and in no case shall they be placed at intervals in excess of 75 feet apart along each side of the roadway where there are no driveways. Where streets exist with numerous driveways, signs shall be placed between each driveway but in no case more than 75 feet apart. Sign placement shall be approved by the Engineer.

D. Signs shall be posted and maintained by the Contractor for a minimum period of 72 hours prior to the restrictions becoming effective and may be modified to 96 hours as required by the Engineer. Streets which have time restricted parking shall be posted and maintained for 72 hours prior to the restrictions becoming effective.

The Contractor shall promptly reset or replace all missing, damaged or defective signs. Signs shall be checked daily. Upon completion of the work, all signs, stakes, and barricades or delineators shall be promptly and completely removed and disposed by the Contractor.

E. The contractor is required to complete all work on the day the posting is designated for. If the contractor does not complete work on the designated day on a posted street the contractor is required to immediately post Work Canceled signs over the No Parking signs, shall notify all residents on the affected street that the work has

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 702-164
been canceled and why it has been canceled and approximately when it will be rescheduled. Once rescheduled, the Contractor shall notice and post as required by these specifications. Additional documentation will be required by the Engineer to confirm work is being completed on time.

F. For removal of parked vehicles, the Contractor’s Representative shall coordinate with the Inspector not less than two hours prior to the needed removal time with the address nearest the parked vehicle, make, model, color, and license number.

The City shall not be responsible for any delay or additional costs associated with the removal of parked cars that obstruct the construction operation.

G. If a vehicle owner successfully contests a towing citation in court, and his or her citation is dismissed for causes related to the Contractor’s failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation.

H. The Contractor shall be fully responsible for the adequate removal of all parked cars. The Contractor’s Representative shall coordinate all vehicle removal with the Inspector. The Contractor’s Representative shall notify the Inspector in writing, with a map and time and date of posting, upon posting of the parking restrictions for a particular street.

I. To verify the posting of “NO PARKING” signs have been completed accurately, photographic evidence must be submitted to [email protected] 72 hours prior to the date and time of parking restrictions. “NO PARKING” requirements are provided in Appendix C of these Specifications (shown in reduced format).

END OF SECTION 702

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 703-165
SECTION 703

EROSION AND SEDIMENT CONTROL
703-01 Erosion and Sediment Control Plan (ESCP) and Best Management Practices (BMPs)
A. Erosion and Sedimentation Control Plan: The Contractor shall prepare and verify that temporary erosion- and sedimentation-control measures are in place.

B. Contractor shall verify that flows of water redirected from construction areas or generated by construction activity do not enter or cross Protection Zones.

C. Contractor shall install all protective measures for existing trees and site elements to remain and implement all erosion and sediment control measures as necessary.

D. All erosion control measures must be in place prior to the start of work and approved by the Project Manager.

E. Contractor shall repair settlement of soil and plants and soil erosion and replant areas to the satisfaction of the Project Manager.

Contractor shall repair eroded soil berms as required to assist in irrigation.

F. Suggested BMPs can be obtained from the following sources:
a. California Stormwater BMP Handbooks for Construction of Municipal Activities – www.cabmphandbooks.com
b. Caltrans Stormwater Quality Handbooks
https://dot.ca.gov/programs/construction/storm-water-andwater-pollution-control/manuals-and-handbooks G. Contractor has the option to install BMPs such as straw waddles to control sediment from entering a water body as they are working on in area.
703-02 Construction
A. The Contractor shall keep a copy of the ESCP and on the jobsite and shall provide continuously all of the tools, equipment, and materials

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 703-166
necessary to implement the ESCP at all times from project initiation to completion, including any punchlist or warranty work on the project.

B. At a minimum, the following requirements should be met as applicable, to the maximum extent practicable, at construction sites regardless of size:
a. Storm Drain System Protection – At the first order of work, the Contractor shall protect the existing storm drain system from entrance of construction debris and pollutants. Such protection shall include implementing the BMPs as outlined in the ESCP. Protection shall prohibit the discharge of untreated runoff from temporary or permanent street maintenance/landscape maintenance material and waste storage areas from entering the storm drain system. Sediment that is generated on the project site shall be retained using structural drainage controls. Contractor shall monitor and maintain all storm drain inlet protection devices during rain events to prevent flooding..
b. Material Management and Storage – No construction related materials, wastes, spills or residues shall be discharged from the project site to streets, drainage facilities or adjacent properties by wind or runoff. All materials and/or equipment storage areas where liquid construction materials are placed shall be protected by a physical barrier capable of containing the entire volume of stored liquid materials.

During active construction activities, portions of the barrier may be removed for access. However, the barrier materials must be readily accessible for replacement by onsite construction personnel. The barrier must be in place at all times during the absence of Contractor personnel at the storage site. Building materials should be placed on pallets and covered in event of rain. Do not store materials in the street or gutter area.
c. Equipment and Vehicle Maintenance – Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site and shall not be allowed to discharge from the project site to the streets, drainage facilities or adjacent properties by wind or runoff. The Contractor shall inspect vehicles and equipment on each day of use. Leaks shall be repaired off-site if possible. If necessary, drip pans should be placed under the vehicles or equipment while not in use to catch and/or contain drips and leaks. d. Soil Erosion Control – Erosion from slopes and channels will be significantly reduced by implementing BMPs, including but not limited to, minimizing grading activities during the wet season, inspecting faded areas during rain events, planting and maintaining vegetation on slopes and covering slopes susceptible to erosion.
e. Pesticide/Herbicide Application and Landscape Activities – Use fertilizers and pesticides as directed; keep them away from drainage facilities. Follow the

Precast Concrete Fence Replacement Project
No. 26-PW-309 SECTION 703-167
standard protocol for routine and non-routine application of pesticides, herbicides and fertilizers as per “California Stormwater BMP Handbook for Municipal Activities”. Protect stockpiles and materials from wind and rain by storing them under tarps or secured plastic sheeting. Do not deposit leaves or landscape debris into the street, gutter or storm drain system.
f. BMP Inspection – The Contractor shall inspect all pollution control BMPs regularly. The Contractor should also repair/replace any damaged or clogged element on a daily basis. During periods of precipitation where any runoff occurs, the system shall be checked twice a day, seven days a week, whether or not any work has been performed. The daily checks shall be between 6 and 9 a.m. and 4 to 8 p.m. The Contractor shall keep a monitoring inspection log of each inspection. g. Spill Prevention and Cleanup Plan – Contractor shall have a spill prevention plan and spill cleanup materials readily available and addressed in the ESCP. Spills shall be cleaned up immediately using dry methods if possible. Spill cleanup material shall be properly disposed of. Refer to SC-11 Spill Prevention BMP from the “California Stormwater BMP Handbook for Municipal Activities”. Contractor shall keep a record of any spills in the inspection log. In addition, at the end of the project, the Contractor must certify that all contaminated materials have been properly disposed in accordance with the ESCP.
h. Concrete Activities – Concrete activities shall be scheduled for dry weather.

Contractor shall prohibit saw cutting during a storm event of .25 inches or greater.

Store bags of cement away from gutters and storm drains, sealed and covered, protected from rainfall, runoff and wind. Place tarp under cement mixer before operating to catch spills. Never dispose of cement washout or concrete dust onto driveways, streets, gutters, or storm drains. Refer to BMP #WM-8 and NS-3 in the 2009 California BMP Handbook for Construction.
i. Employee BMP Training – Contractor shall train employees and subcontractors on BMP implementation, general good housekeeping, and proper spill containment and cleanup.
j. Removal of Accumulated Rainwater – The Contractor shall follow the City of Gilroy Guidelines for Removal of Rainwater that has accumulated on the jobsite.

The preferred method is to filter the rainwater into a water truck for use in dust control or irrigation. If it is necessary to remove rainwater from the site to the street, gutter, or storm drainage system, Contractor shall use BMPs to ensure that the water does not exceed 100 mg/l of Total Suspended Solids and no other construction waste is present in the water to be discharged before discharging to drainage facilities.
703-03 Fines and Penalties
A. Fines and penalties from regulatory agencies levied against the City as a

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No. 26-PW-309 SECTION 703-168
result of the Contractor’s work, including actions or inactions shall be the responsibility of the Contractor and may be deducted from payment due or become due to the Contractor.

END OF SECTION 703

Precast Concrete Fence Replacement Project
No. 26-PW-309 Precast Concrete Fence Specifications
SECTION 704
Precast Concrete Fence Specifications
704-01 PRECAST CONCRETE FENCE SPECIFICATIONS
The precast concrete fence shall be American Precast Concrete, Inc. product “Woodcrete Split Ranch Rails – 4 Rails” or equivalent product that meets the below specifications. See Appendix A for detail specification sheet.

Specifications

1. Applied loads:
a. Wind Velocity (V) = 100 mph
b. Exposure: C
c. Velocity Pressure Exposure Coefficient (Kz) = 0.85
d. Wind Directionality Factor (Kd) = 0.85
e. Topographic Factor (Kzt) = 1.0
f. Wind Pressure P = 0.00256(Kz)(Kzt)(Kd)(V^2)(I)
g. Wind Pressure P = 0.00256(0.85)(1.0)(0.85)(100)^2(1.0) h. Wind Pressure P = 18.50 psf
i. Working Design Stress: 33% Increase (1.33)
j. Seismic Design: Site Class D
k. Importance Factor (Ie) = 1.0

2. Screening walls are to be constructed entirely on the project property.

3. Color:
a. Post, Panels and Panel caps shall be integrally colored. b. Color shall be brown as approved by the on-site owner.

4. The contractor/owner is responsible for hiring a geotechnical engineer to determine if local soil conditions meet or exceed minimum soil properties shown on this plan.

5. Upon receipt of precast products at the job site, the Installation Team shall verify those products are free of cracks and defects prior to installation.

Any precast products found to have defects shall be replaced.

6. Unless specifically noted otherwise, no surcharges may be placed behind a retaining wall within a horizontal distance that is equal to the retained height. Prohibited surcharges include staging of construction materials, vehicles, construction, compaction equipment, and vegetation.

7. Unless specifically noted otherwise, the wall and piers shall not be installed adjacent to hillsides, berms, retaining walls, or other areas that may affect the lateral bearing capacity of the piers. Contact the engineer prior to installation if such a condition exists.

Concrete

1. Concrete Materials:
a. Concrete shall be normal weight concrete having sand and gravel or crushed stone aggregate. Mixed with ASTM-C150, type I or III portland cement to meet the minimum compressive strength as follows:

Precast Concrete Fence Replacement Project
No. 26-PW-309 Precast Concrete Fence Specifications
Elements F’c (28 days) Slump Max w/c
Ratio
Insp.

Reqd’?
Precast Panels 3000 PSI 5” 0.55 No
Footings & Piers 3000 PSI 5” 0.60 No
*Precast Panels & Posts have been designed for f`c of 2500 psi, therefore inspection is not required.
*Footings & Piers have been designed for f`c of 2500 psi, therefore inspection is not required.

2. Concrete workmanship:
a. Fresh poured concrete shall be tamped into place using steel rammer, slicing tools, or mechanical vibrator, until concrete is thoroughly compact and without void.
b. Excavation for footing shall be on undisturbed soil or to the depth noted on the drawings. Leave the bottom bearing surface clean and smooth. If footing excavations are made deeper than intended, only concrete shall be used for fill. Remove all loose material from excavations prior to concrete pour.

3. All aggregates shall conform to ASTM C33. Maximum aggregate sizes:
a. Footings: 1-1/2”
b. All other work: ¾”

4. The Owner recognizes his or her obligation to ensure that the construction complies with the approved permit documents and to implement this program of special inspections. In partial fulfillment of these obligations, the Owner will retain and directly pay for the Special Inspections as required in the Governing Building Code, Section 1704.

Soils

1. Footing size is based on the following minimum soil properties:
a. Soil Compaction ******* 95
b. Density ******* 110 pcf
c. Bearing Capacity (Total Load + W/E) ******* 1500 psf d. Friction Resistance ****** 0.25
e. Lateral Bearing ******* 100 psf/ft of depth
f. Active Pressure ******* 40 pcf

2. Soils values per geological/geotechnical report (or soils report) referenced are from LGC Geotechnical, Inc., for work done on project No. 19067-01, dated July 12, 2019.

Fill

1. All design criteria based on construction on natural ground. Screenwall not to be constructed on berms or fill dirt.

Reinforcements

1. Reinforcing material:
a. Deformed type bars shall conform to ASTM-A 615, Grade 60 placed as shown on the drawings.
b. Steel reinforcing wire shall meet U.S. Steel Wire gauge, ASTM-A

82. fy = 70,000 psi min galvanized.
c. All ties and stirrups shall conform to the of ASTM-A 615, grade 40. d. All wire mesh shall be galvanized with the gauge and spacing per

Precast Concrete Fence Replacement Project
No. 26-PW-309 Precast Concrete Fence Specifications
plan. The smaller spacing shall be placed in the horizontal direction.

2. Reinforcing workmanship:
a. Reinforcement steel shall be fabricated in accordance with the CRSI Standard Detail. Reinforcing bars shall be cold-bent only.

Use of heat to bend reinforcement steel shall be cause for rejection.
b. Reinforcement steel bars and wire fabric shall be thoroughly cleaned before placing and again before the concrete is placed.

Shall be accurately positioned and secured in place. No brick of porous materials may be used to support the steel off the ground. c. Install all reinforcement with the following clearance between reinforcing steel and face of concrete:
i. Footing, pier or beam bottom (3")
ii. Earth-formed pier or beam side (2")
iii. Formed footing, pier or beam sides, exposed (1")
iv. Precast exposed to weather: panels (3/4"), posts (1-1/4") d. Splices within continuous unscheduled reinforcing steel shall have a minimum lap of 30 bar diameters.

END OF SECTION 704

Precast Concrete Fence Replacement Project
No. 26-PW-309 APPENDIX A-172

APPENDIX A
Woodcrete Split Ranch Rails – 4 Rails Material Specification

Note: The Drawings and Specifications and Ideas,
Designs and Arrangements Represented Thereby
are and Shall Remain the Property of the
A merican Precast Concrete, Inc. and No Part
Thereof Shall be Copied, Disclosed to Others or
Used in Connection with any W ork or Project other
than the Specific Project for which they have been
Prepared and Developed without the Written
Consent of the A merican Precast Concrete, Inc.

Date: Scale:

Proj. Engr.:

Proj. Mngr.:

Revision:

Plan Check
2 3
4 5
6 7
17 July 2018
Revision DD Mon. YYYY
Revision DD Mon. YYYY
Revision DD Mon. YYYY
Revision DD Mon. YYYY
Revision DD Mon. YYYY
Revision DD Mon. YYYY 2246 Durfee Avenue, El Monte, CA 91732, (800) 691-7118 www.AmericanPrecast.com SHEET
1 OF 1
Apr 2, 20209:41:55 AM
Woodcrete
Ranch Rails
Theses Specifications are not Job Specific - Additional Engineering Shall be Required. American Precast Concrete - Reserves the Rights to Change & Update Dimensions Without Notice.

SPECIFICATIONS AND NOTES
GENERAL:

1. This project has been designed in accordance with the California Building Code, 2019 Edition.

2. Applied loads:
a. Wind Velocity (V) = 100 mph
b. Exposure: C
c. Velocity Pressure Exposure Coefficient (Kz) = 0.85
d. Wind Directionality Factor (Kd) = 0.85
e. Topographic Factor (Kzt) = 1.0
f. Wind Pressure P = 0.00256(Kz)(Kzt)(Kd)(V^2)(I)
P = 0.00256(0.85)(1.0)(0.85)(100)^2(1.0)
P = 18.50 psf
g. Working Design Stress: 33% Increase (1.33)
h. Seismic Design: Site Class D
i. Importance Factor (Ie
) = 1.0

3. Screening wall is to be constructed entirely on the project property.

4. Color:
a. Post, Panels and Panel caps shall be integrally colored. b. Color shall be brown as approved by the on-site owner.

5. The contractor/owner is responsible for hiring a geotechnical engineer to determine if local soil conditions meet or exceed minimum soil properties shown on this plan.

6. Pier installation may encounter areas of granular, collapsing soils that may contain perched groundwater. Piers must be extended through soft and organic deposits to provide adequate lateral and vertical support.

Temporary casing may be necessary for the drilled pier installation operations to maintain the drilled shaft open through these soils during construction.

7. If the contractor finds any discrepancies between the site and these plans, he shall notify the engineer immediately.

8. Upon receipt of precast products at the job site, the Installation Team shall verify those products are free of cracks and defects prior to installation. Any precast products found to have defects shall be replaced.

9. Unless specifically noted otherwise, no surcharges may be placed behind a retaining wall within a horizontal distance that is equal to the retained height. Prohibited surcharges include staging of construction materials, vehicles, construction, compaction equipment, and vegetation.

10.Unless specifically noted otherwise, the wall and piers shall not be installed adjacent to hillsides, berms, retaining walls, or other areas that may affect the lateral bearing capacity of the piers. Contact the engineer prior to installation if such a condition exists.

CONCRETE:

1. Concrete Materials:
a. Concrete shall be normal weight concrete having sand and gravel or crushed stone aggregate. Mixed with ASTM-C150, type I or III portland cement to meet the minimum compressive strength as follows:
*Precast Panels & Posts have been designed for f`c of 2500 psi, therefore inspection is not required.
*Footings & Piers have been designed for f`c of 2500 psi, therefore inspection is not required. b. Water used for concrete shall be clean water and free from injurious amounts of oils, acids, alkalites, organic or other deleterious substances.

2. Concrete workmanship:
a. Fresh poured concrete shall be tamped in to place using steel rammer, slicing tools, or mechanical vibrator, until concrete is thoroughly compact and without void.
b. Excavation for footing shall be on undisturbed soil or to the depth noted on the drawings. Leave the bottom bearing surface clean and smooth. If footing excavations are made deeper than intended, only concrete shall be used for fill. Remove all loose material from excavations prior to concrete pour.

3. All aggregates shall conform to ASTM C33. Maximum aggregate sizes:
a. Footings: 1-1/2"
b. All other work: 3/4"

4. The Owner recognizes his or her obligation to ensure that the construction complies with the approved permit documents and to implement this program of special inspections. In partial fulfillment of these obligations, the Owner will retain and directly pay for the Special Inspections as required in the Governing Building Code, Section 1704.2.

SOILS:

1. Footing size is based on the following minimum soil properties:
a. Soil Compaction ******* 95
b. Density ******* 110 pcf
c. Bearing Capacity (Total Load + W/E) ******* 1500 psf d. Friction Resistance ****** 0.25
e. Lateral Bearing ******* 100 psf/ft of depth
f. Active Pressure ******* 40 pcf
Soils values per geologic/geotechnical report (or "soils report") by LGC Geotechnical, Inc., Project No. 19067-01, dated July 12, 2019.

This report and all recommendations contained therein are to be considered a part of these plans.

FILL:

1. All design criteria based on construction on natural ground. Screenwall not to be constructed on berms or fill dirt.

REINFORCEMENTS:

1. Reinforcing material:
a. Deformed type bars shall conform to ASTM-A 615, Grade 60 placed as shown on the drawings.
b. Steel reinforcing wire shall meet U.S. Steel Wire gauge, ASTM-A 82. fy = 70,000 psi min galvanized.
c. All ties and stirrups shall conform to the of ASTM-A 615, grade 40. d. All wire mesh shall be galvanized with the gauge and spacing per plan. The smaller spacing shall be placed in the horizontal direction.

2. Reinforcing workmanship:
a. Reinforcement steel shall be fabricated in accordance with the CRSI Standard Detail. Reinforcing bars shall be cold-bent only.

Use of heat to bend reinforcement steel shall be cause for rejection.
b. Reinforcement steel bars and wire fabric shall be thoroughly cleaned before placing and again before the concrete is placed.

Shall be accurately positioned and secured in place. No brick of porous materials may be used to support the steel off the ground. c. Install all reinforcement with the following clearance between reinforcing steel and face of concrete:

1. Footing, pier or beam bottom (3")

2. Earth-formed pier or beam side (2")

3. Formed footing, pier or beam sides, exposed (1")

4. Precast exposed to weather: panels (3/4"), posts (1-1/4") d. Splices within continuous unscheduled reinforcing steel shall have a minimum lap of 30 bar diameters.

Elements f'c (28 days) Slump Max w/c Ratio Insp. Req'd? Precast Panels & Posts 3000 psi 5" 0.55 No*
Footings & Piers 3000 psi 5" 0.60 No*

SEISMIC DESIGN BASIS
Seismic Design Category E
Seismic Factors
Importance Factor, Ie 1.00
Design Base Shear
SS / S1
SDS / SD1

1.25 V = 0.889W
Risk Category II
Site Class D
Resisting System: Ground Supported
Cantilever Fence
Analysis Procedure: Eqv. Lateral Force
(ASCE 7-16, T. 15.4-2)

1.666 / 0.767

1.111 / 0.869
Response Mod.

Coefficient, R
RAIL

NATURAL GRADE
POST

FOOTING
POST
RAIL

NATURAL GRADE

FOOTING
POST
RAIL

NATURAL GRADE

FOOTING

NATURAL GRADE
ELEVATION - 2 RAIL FENCE
ELEVATION - 3 RAIL FENCE
ELEVATION - 4 RAIL FENCE

FOOTING
SECTION - 2 RAIL FENCE
SECTION - 3 RAIL FENCE
SECTION - 4 RAIL FENCE
RAIL
POST
RAIL
RAIL
POST
POST

FOOTING

FOOTING
2'-0" 3'-0"
8'-0"
2'-0" 3'-0"
3"
9 1/2" 3"
9 1/2" 3"
9 1/2"
9 1/2"

NATURAL GRADE

NATURAL GRADE
9 1/2"
5 1/2"
9 1/2"
5 1/2"
5 1/2"
5 1/2"
5 1/2"
5 1/2"
5 1/2"
5 1/2"
5 1/2"
2'-0" 4'-0" 3'-0" 5'-0"
8'-0"
8'-0"
2'-0" 4'-0" 3'-0" 5'-0"

RAIL SECTION
(2) #3 REBAR
(1) EA. SIDE (TYP.)
(2) #4 REBAR
(1) EA. SIDE (TYP.)

LINE POST
RAIL
95 3/4"
5 1/2"
2 1/2"
5 1/2"
3/4"Clr.
3/4"
Clr.
5" Square
Typ.
3/4"Clr.

FOOTING

FOOTING
POST
12"
Min.
8 Ga. Ties @ 2.5"oc
SAMPLE
8 Ga. Ties @ 2.5"oc

APPENDIX A - SAMPLE WOODCRETE RAIL

APPENDIX B
Precast Concrete Fence Replacement Location
Precast Concrete Fence Replacement Project
No. 26-PW-309 APPENDIX B-174

Precast Concrete Fence
Temp Fence Barrier and
M4-9a Detour Signage
Closed Shoulder
Signage
Detour Route Signage
Detour Route
Signage Requirements and Suggested Pedestrian Detour Route Appendix B - Aerial Map

Additional Signage

Docusign Envelope ID: ACFB4ACD-CD37-4912-95B3-45EE3BCC215B

APPENDIX C
Temporary No Parking Guidelines
Precast Concrete Fence Replacement Project
No. 26-PW-309 APPENDIX C-179

Docusign Envelope ID: ACFB4ACD-CD37-4912-95B3-45EE3BCC215B

CITY OF GILROY
“NO PARKING” SIGN GUIDELINES
Use of “No Parking” signs on the public right of way must be approved by the City of Gilroy.

What should the signs look like?
“No Parking” Signs Minimum Requirements

1. “No Parking” signs should be minimum dimension of 12”x18” with red lettering on a white background and of good readable quality. *

2. “No Parking” signs must include the following information in black or blue marker with at least 1” high lettering.
a. Dates and Times of the “No Parking”
b. Location affected; block number or address, for “No Parking” c. Contractor's name and phone number
d. The date and time posted
How should the signs be posted along the public right of way? “No Parking” Posting minimum requirements

1. The “No Parking” signs must be posted at least 72 hours in advance of the parking restrictions.

2. To verify the posting has been completed accurately, photographic evidence must be submitted to [email protected] 72 hours prior to the date and time of parking restrictions. Please enter the project name in the subject line of the email.
a. Posting Height:
i. 5’ to 7’ above the ground if attached to a fixed object like a pole or tree. ii. 3’ to 5’ above the ground if attached to a movable barricade b. Posting Distance:
i. The “No Parking” signs should be posted no greater than 30’ apart.

Docusign Envelope ID: ACFB4ACD-CD37-4912-95B3-45EE3BCC215B Begin
3/12/1870 2pm to 8pm
END
Example “No Parking” Sign
Begin Write "Begin" or"End" here.

END

PERMIT NUMBER

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING

THE PLANS AND SPECIFICATIONS FOR THE PRECAST CONCRETE FENCE

REPLACEMENT PROJECT AND AWARDING A CONSTRUCTION CONTRACT TO SILICON VALLEY PAVING, INC. FOR AN AMOUNT NOT TO EXCEED $415,000 AND TOTAL PROJECT CONSTRUCTION COST OF $456,500, INCLUDING A 10% CONTINGENCY.

WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2025-2026 and 2026-2027, and the City Council carefully examined, considered, and adopted the same on June 2, 2025; and WHEREAS, City Staff has prepared and submitted to the City Council a proposed amendment to said budget for Fiscal Year 2026-2027 for the City of Gilroy in the staff report dated August 17, 2026; and
WHEREAS, the Precast Concrete Fence Replacement Project (project) is not included in the approved fiscal year 2026-2027 Capital Improvement Program and budget; and WHEREAS, the design was completed in May 2026; and
WHEREAS, the proposed project improvements include removal of existing damaged fence, procurement of replacement materials, and installation of the new precast concrete fence; and
WHEREAS, on May 2026, the project was released for construction bids (26-PW-309), and on June 11, 2026, four bids were received from Silicon Valley Paving, Inc., American Precast Concrete, Mission Constructors, and BNO Builders; and
WHEREAS, Silicon Valley Paving, Inc. was determined to have the lowest responsive and responsible bid in the amount of $415,000; and
WHEREAS, an additional amount of $41,500 contingency, 10% of the contract value, should be authorized on an as required basis; and
WHEREAS, there are not funds appropriated to the project to fund construction and construction contingency; and
WHEREAS, an amount of $456,500 is needed to fund the project; and WHEREAS, sufficient funds are available within Fund 260 – Community Facilities District to provide the necessary appropriations for the project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy approves the conformed plans and specifications for the Precast Concrete Fence Replacement Project; and.

Resolution No. 2026-XX
Construction Contract with Silicon Valley Paving, Inc.

City Council Regular Meeting | August 17, 2026

BE IT FURTHER RESOLVED that the City Council of the City of Gilroy amends the fiscal year 2026-2027 Capital Improvement Program to include the project (Project No. 801240); and
BE IT FURTHER RESOLVED that the City Council of the City of Gilroy authorizes the City Administrator to execute a construction contract with Silicon Valley Paving for an amount not to exceed $415,000; and
BE IT FURTHER RESOLVED that the City Council of the City of Gilroy authorizes staff to execute up to an additional 10% contingency for written amendments, extensions, and change orders to the construction contract such that the full construction value may not exceed $456,500; and
BE IT FURTHER RESOLVED that the City Council of the City of Gilroy amends the fiscal year 2026-2027 Capital Improvement Budget to appropriate $456,500 from Fund 260 – Community Facilities District to the project.

PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 17th day of August 2026 by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED:
___________________
Greg Bozzo, Mayor
ATTEST:
_______________________
Kim Mancera, City Clerk

Resolution No. 2026-XX
Construction Contract with Silicon Valley Paving, Inc.

City Council Regular Meeting | August 17, 2026

CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2026-XX is an original resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said Council held on Monday, Date, with a quorum present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Tuesday, XXXXX
____________________________________
Kim Mancera
City Clerk of the City of Gilroy

7.2. City of Gilroy

STAFF REPORT
Agenda Item Title: Pilot Program seeking to Award a contract to Citiguard, Inc. for City Parks After-Hours Security for $69,203 and a total not-to-exceed amount of $346,015 over a five-year period and Approval of the Second Amendment to the agreement with
Frank & Grossman Landscape Contractors, Inc. for Park
Restroom Cleaning and Gate Opening Services for
$129,841.60 and a revised not to exceed total of
$1,711,718.20.

Meeting Date: August 17, 2026
From: Matt Morley, City Administrator
Department: Public Works
Submitted by: John Doughty, Public Works Director
Prepared by: Matt Jones, Deputy Public Works Director, Bryan Rodriguez, Management Analyst Trainee
STRATEGIC PLAN GOALS: Maintain and Improve City Infrastructure

RECOMMENDATION

1. Award an agreement to Citiguard, Inc. for after-hours park patrol services at five City parks. The agreement would have an initial one-year term of $69,203, with up to four additional one-year administrative extensions, for a total amount not to exceed $346,015 over five years.

2. Approve the Second Amendment to the agreement with Frank & Grossman Landscape Contractors, Inc. to add park restroom cleaning and gate-opening services from September 1, 2026, through October 31, 2027; increase the agreement by $129,841.60; and establish a revised total amount not to exceed $1,711,718.20.

3. Adopt a resolution amending the FY 2027 adopted budget to increase appropriations in the Facilities Fund (615) by $92,744.40 and decreasing appropriations in the General Fund (100) by $16,489.

4. Authorize the City Administrator to finalize and execute both agreements and

7.2. related documents, including any authorized administrative extensions, subject to satisfactory performance and available appropriations.

EXECUTIVE SUMMARY
The Public Works Department is recommending a new Pilot Program (approach) to securing community parks (Las Animas Veterans Park, Gilroy Sports Park, San Ysidro Park, Christmas Hill Park, and Christmas Hill Park Ranch Site) during and after closing hours. The Pilot Program is made up of two components: 1) hiring a new security company under new operational provisions; and 2) implementing morning contract restroom cleaning and park openings via the current City janitorial services provider.

Park Patrols would operate Monday through Thursday, 10:00 p.m. to 2:00 a.m. and Friday through Sunday, 9:00 p.m. to 1:00 a.m., and is intended to provide a visible security presence prior to official closing and in the immediate hours following closing.

The Contractor will be responsible for locking of gates and clearing of the parks and restrooms. The proposed initial term is one year, with up to four additional one-year administrative extensions based on effectiveness, contractor performance, operational need, and available funding.

Staff is recommending a companion 14-month pilot program for contracted restroom cleaning and gate-opening services through an amendment to the existing Frank & Grossman Landscape Contractors, Inc. agreement. Using the remaining term of that agreement would allow the City to evaluate service levels, cost, and contractor performance before issuing its next long-term janitorial solicitation. Together, the two actions would improve park security and restroom service while redirecting City maintenance staff toward core park maintenance (including preventive) and customerservice duties (including response to Gilroy Connect and other requests for repair/service).

BACKGROUND
Six full-time maintenance employees service approximately 375 acres of developed parks, sports complexes, trails, preserves, and landscaped areas. Restroom cleaning is currently part of the duties of the full-time maintenance workers as well as part-time weekend staff.

After-Hours Park Patrol Programming
Prior to 2015, the Gilroy Police Department provided security services at City parks and coordinated park-gate closures with the Gilroy Fire Department. Staffing constraints, competing public-safety priorities, and recurring property crimes, including copper-wire theft, led the City to evaluate contracted security services.

7.2. Following a successful six-month pilot program, the City Council awarded a three-year agreement with First Alarm & Security Inc. (First Alarm) with two one-year extension options on May 2, 2016.

In December 2019, following a subsequent competitive request for proposals, the City Council awarded First Alarm a new three-year agreement with two one-year extension options to continue the Park Security Program.

In October 2024, the City issued a new request for proposals for park patrol and security services. In April 2025, the City entered into a one-year agreement with Secure Guard, Inc. under the City Administrator's purchasing authority.

In May 2026, the Public Works Department and the City Administrator evaluated the existing program and identified opportunities to strengthen service expectations, reporting, and contract oversight. On May 22, 2026, the City issued RFP No. 26-RFPPW-540 seeking qualified security firms to provide professional after-hours patrol services at designated City parks and recreational facilities.

Citguard, Inc was chosen by the staff evaluation committee to provide the services.

Park Restroom Cleaning Programming
Prior to January 1, 2009, the city contracted park restroom cleaning. During the 2008 recession, budget reductions led the City to discontinue the custodial contract and assign restroom cleaning to Public Works maintenance staff.

Since 2009, daily restroom cleaning has been distributed among the six full-time maintenance workers and two part-time weekend maintenance workers. Staff currently clean and restock seven restroom buildings, totaling approximately 24 stalls, at Las Animas Veterans Park, Christmas Hill Park, San Ysidro Park, Miller Park, and Gilroy Sports Park. Restroom cleaning requires a commitment of approximately 55 hours per week of staff time or the equivalent of 1.45 FTE.

Opening of the locked parks is currently handled by the City's security contractor, Secure Guard Security Services which typically patrols between the hours of 11:00 pm and 7:00 am.

ANALYSIS
After-Hours Park Patrol Programming
The City received 12 proposals by the submission deadline of June 19th, 2026. The proposal evaluations and interviews were completed by members of the City's Public

7.2. Works and Police Department and were scored based on the evaluation criteria included in the RFP. Following the initial evaluation, three firms were invited to participate in virtual interviews.

The interview panel requested additional information regarding municipal security experience, staffing, after-hours patrol methods, incident response, law-enforcement coordination, quality control, patrol verification, reporting, and the ability to adapt to changing City needs. Based on the combined proposal and interview scores, staff recommends Citiguard, Inc. for its qualifications, relevant experience, service approach, staffing and supervision, patrol-verification technology, reporting capabilities, and quality-control measures.

The after-hours patrol program includes the following five City community parks:
• Las Animas Veterans Park;
• Gilroy Sports Park;
• San Ysidro Park:
• Christmas Hill Park;
• Christmas Hill Park Ranch Site.

The five locations include a variety of park facilities, including locked/gated parking areas, restrooms, playgrounds, athletic fields, picnic areas, pathways, gates, buildings, and other public amenities. Before service begins, staff and Citiguard will establish patrol checkpoints, post orders, and site-specific areas of focus for each park in coordination with City staff.

Patrol services are scheduled to begin September 1, 2026. Services would be provided during a four-hour patrol window: Monday through Thursday from 10:00 p.m. to 2:00 a.m., and Friday through Sunday from 9:00 p.m. to 1:00 a.m. The weekend hours reflect the recent City Council actions on Wayland and Hanna Perking Lots at Las Animas Park. The scope of their work will be limited and focused on parking areas, restrooms and other high value assets.

The patrol window provides a visible presence before and after park closure, supports the removal of unauthorized users from parks and parking areas, verifies that designated facilities are secured, and allows multiple patrols of assigned locations. Staff may adjust the patrol sequence and time at each park based on park size, operating conditions, documented incidents, seasonal use, scheduled events, and program performance.

Staff is recommending an initial 12-month contract with up to four 12-month extensions.

The initial 12-month term will provide staff with the opportunity to assess contractor performance and program effectiveness and to consider potential modification of the program.

7.2. Proposed Staffing and Patrol Presence
Citiguard proposes one dedicated, unarmed security officer supported by a company patrol vehicle, regional supervision, a 24-hour dispatch center, and backup personnel for emergency coverage or special assignments. The contractor would stage its vehicle and equipment from its Morgan Hill district office, with additional support from its San Jose regional office. Patrol vehicles would carry communications and GPS-enabled reporting equipment, a body-worn camera, first-aid supplies, flashlights, personal protective equipment, and other materials needed to perform the services.

The officer would conduct both vehicle and foot patrols. Physical inspections would be required at designated facilities and checkpoints; drive-by inspections alone would not satisfy the City's service requirements.

Citiguard's proposed services include physical facility inspections, clearing parks and parking lots at closing, securing gates and restrooms, enforcing closure hours, responding to trespassing, documenting vandalism, conducting multiple inspections during each shift, and providing detailed daily and monthly reports.

Citiguard staff will, at times, require the assistance of the Gilroy Police Department.

Quality Control and Contract Oversight
Dispatch staff would monitor reports in real time, patrol routes would be audited for completion and efficiency, and the dedicated contract manager would review activity data each day.

Citiguard also proposes a quality-assurance director responsible for operational audits, compliance inspections, incident review, performance evaluations, trend identification, and corrective action when needed.

Public Works staff will review daily activity reports, incident reports, photographs, checkpoint records, and monthly summaries. Daily activity reports would be due by 8:00 a.m. the following day. Staff will meet with the contractor as needed to address service levels, trends, complaints, corrective actions, and adjustments to patrol schedules or post orders. Monthly and quarterly summary reports are to be prepared and provided to the City.

Park Restroom Cleaning Programming
Staff proposes a 14-month pilot program by amending the current Frank & Grossman Landscape Contractors, Inc. janitorial agreement, which expires October 31, 2027.

Services would begin September 1, 2026, and continue through the agreement's expiration. At $9,274.40 per month, the amendment would total $129,841.60:
$92,744.00 in FY 2027 and $37,097.60 in FY 2028.

7.2. The proposed restroom-cleaning program would serve the following four City community parks:
• Las Animas Veterans Park.
• Gilroy Sports Park.
• San Ysidro Park.
• Christmas Hill Park.

The contractor would be responsible for opening vehicle-access gates at Gilroy Sports Park, Christmas Hill Park, the Christmas Hill Park Ranch Site and Las Animas Veterans Park. Miller Park, a neighborhood facility, is not recommended to be included in the contract. Because of relatively low weekday usage and recurring restroom vandalism, unauthorized occupancy, and service complaints, staff has recently implemented operational adjustments. Prospectively, the Miller Park restrooms will be open on weekends to coincide with park reservations and larger group activities. Part-time staff will be responsible for weekend cleaning and servicing of the restrooms.

Contracting restroom cleaning at the four community parks allows maintenance staff to begin park-wide inspections, general maintenance, and repairs earlier each day. The approach provides earlier opening of the parks and restrooms for users while enabling limited City staff additional time to complete inspections as well as clean and maintain the parks.

During the pilot, the Department will evaluate contractor performance and direct benefits within the parks to determine whether to recommend these services be included in the City's next janitorial request for proposals. Maintenance staff will also continue to monitor the restrooms throughout the day and provide cleaning and paper service as needed.

ALTERNATIVES
Option 1: Do Not Award the After-Hours Park Security Agreement.

The City Council could elect not to proceed with continued after-hours park patrol services. Under this alternative, the five designated parks would not receive a dedicated security presence near and after daily closure. After-hours park-related closures and incidents would have to be addressed by the Gilroy Police Department. GPD has indicated that available resources and typical calls for service limit availability. This alternative would not provide the scheduled park closure, facility monitoring, deterrence, documentation, and reporting included in the proposed security program. Staff does not recommend this option because the proposed service provides a less-expensive dedicated non-sworn resource for routine after-hours park monitoring while allowing sworn Police Department personnel to remain available for higher-priority public safety responsibilities.

7.2. Option 2: Do Not Award the Park Restroom Cleaning Agreement.

The City Council could elect not to proceed with contracted park restroom cleaning services. Under this alternative, Public Works staff would continue to perform routine restroom cleaning as part of existing park maintenance operations. This would maintain the current service model but would continue to require maintenance staff to dedicate work hours to janitorial functions rather than other park maintenance priorities, including landscaping, irrigation, playground maintenance, inspections, repairs, and response to service requests. Staff does not recommend this option. Contracting for the services provides for regular opening of community parks (absent overtime) and clean restrooms at park opening. Further, the action provides the opportunity to redirect City maintenance staff toward higher-priority park maintenance and operational needs.

Option 3: Modify One or Both Scopes of Services.

The City Council could direct staff to modify either proposed scope. For after-hours park security, modifications could include the number of parks, hours of service, staffing levels, patrol frequency, or assigned responsibilities. For restroom cleaning, modifications could include the number of facilities, cleaning frequency, service hours, or required tasks. Changes may require additional negotiations with the recommended contractors, could delay implementation, and may increase or decrease contract costs depending on the modifications requested. Staff does not recommend modifying the proposed scopes at this time because they were developed to address the City's identified operational needs and formed the basis of the competitive procurement processes.

FISCAL IMPACT/FUNDING SOURCE
After-Hours Park Patrol Program
The proposed Citiguard agreement would have an initial twelve-month cost of $69,203, with up to four additional twelve-month administrative extensions, for a total amount not to exceed $346,015 over five years. Any extension would be subject to satisfactory contractor performance, City Administrator approval, and available appropriations.

The FY 27 operating budget includes $85,692 for park patrol services. The proposed first-year agreement would result in a savings of $16,489 in FY 27 which staff recommends reallocating to Fund 615 to offset additional costs of the contract park restroom-cleaning program.

Park Restroom Cleaning Program
The Frank & Grossman amendment would cost an additional $129,841.60 over a 14- month period and necessitates approval of a revised not to exceed contract amount of $1,711,718.20. This amendment covers all of FY 27 and a portion of FY 28. The FY 27 cost is $92,744.00 which is recommended to be reduced by transfer of $16,489.00 from

7.2. the Public Works Maintenance operating budget with the remaining amount to come from the Facilities Fund balance. The FY 28 cost of $37,097.60 would be included in the upcoming biennial operating budget process.

A budget amendment resolution is included and recommended for City Council adoption to effectuate the fiscal impact.

PUBLIC OUTREACH
N/A

NEXT STEPS
If approved, staff will finalize both agreements. Public Works and Police Department staff will meet with Citiguard to establish post orders, patrol routes, reporting protocols, and standard operating procedures before service begins. Public Works will also coordinate the transition of restroom cleaning and gate-opening duties with Frank & Grossman and affected City staff.

Attachments:

1. Second Amendment - 23ADS1131-2

2. Citiguard Agreement for After-Hour Park Patrol Services

3. 26-RFP-PW-540 After-Hours Park Patrol

4. Attachment 1 - Resolution Amending the Budget for the City of Gilroy for Fiscal Year 2026-27

5. Citiguard Presentation

-1- 4845-8215-5540v1
MDOLINGER\04706083

SECOND AMENDMENT TO FRANK AND GROSSMAN LANDSCAPE CONTRACTORS, INC. FOR CUSTODIAL SERVICES
WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Frank and Grossman Landscape Contractors, Inc. (“Contractor”) entered into that certain agreement entitled Custodial Services effective on October 23, 2025, hereinafter referred to as “Original Agreement”; and WHEREAS, City and Contractor have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. Exhibit “B” Scope of Work of the Original Agreement shall be amended to include and read as follows:

K. SAN YSIDRO PARK EXTERIOR RESTROOMS 7700 Murry Avenue Service to be provided seven (7) days per week, Monday – Sunday, including holidays between 6:00 AM and 8:00 AM each morning. The area serviced are two exterior restrooms outside of the recreation building.

L. LAS ANIMAS VETERAN PARK RESTROOM BUILDINGS 400 Mantelli Drive Service to be provided seven (7) days per week, Monday – Sunday, including holidays between 6:00 AM and 8:00 AM each morning. The area serviced are Lakeside (near recreation building) and Oakside (near the tennis courts) restroom building.

M. CHRISTMAS HILL PARK RESTROOM BUILDINGS 7050 Miller Avenue Service to be provided seven (7) days per week, Monday – Sunday, including holidays between 6:00 AM and 8:00 AM each morning. The area serviced are the Mulberry (near the playground) and Amphitheatre restroom buildings. Additionally, service will include opening gates at Christmas Hill Park and Christmas Hill Ranch Site.

N. GILROY SPORTS PARK RESTROOM BUILDING 5925 Monterey Frontage Road Service to be provided seven (7) days per week, Monday – Sunday, including holidays between 6:00 AM and 8:00 AM each morning. The area serviced are the Mulberry (near the playground) and Amphitheatre restroom buildings. Additionally, service will include opening one park gate at the entrance.

2. Exhibit “C” Milestone Schedule of the Original Agreement shall be amended to include and read as follows:

SCHEDULE OF MAINTENANCE SERVICE DAILY MAINTENANCE SERVICE . . .

27. Gilroy Sports Park & Christmas Hill Park/Ranch site: Open Park entry gates by 7:00 am

28. All paper consumables, toilet paper, paper towels, seat covers, etc., along with a suitable storage closet to be provided by City of Gilroy.

29. All trash from restrooms to be disposed of at Gilroy Sports Park or left at sites for City staff to haul away.

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30. Graffiti Removal – included is single application for graffiti removal less than 12 inches in size that can be removed using a graffiti-removal solution. Any larger incidents that require repainting or more extensive restoration efforts would be excluded from the base scope and treated as extra work. Also, if there are multiple areas of graffiti from the same incident even if they are smaller than 12 inches this would also be an extra cost.

3. Attachment A Cost Proposal is hereby amended only as described in the revised Attachment A attached hereto. All provisions of Attachment A not expressly modified by this Amendment shall remain in full force and effect.

4. Exhibit “D” Payment Schedule of the Original Agreement shall be amended to include and read as follows:

Monthly payment will be mailed within thirty (30) days of the last day of the service month. For example, the payment for the service for the month of May will be made by the end of June. Cost for service for year one is $298,156.95, year two is $307,101.66, year three is $316,314.71, year four is $325,804.15, with additional two-month bathroom service is $344,352.95, year 5 is $446,871.02 with additional bathroom service.

5. This Amendment shall be effective on September 1, 2026.

6. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.

7. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

CITY OF GILROY FRANK AND GROSSMAN LANDSCAPE
CONTRACTORS, INC.

By: By:
[signature] [signature]
Matt Morley Gary Cooper
[employee name] [name]
City Administrator CEO
[title/department] [title]
Date:

Date:

Approved as to Form ATTEST:

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City Attorney City Clerk

Cost Proposal for 4 Parks Bathroom Service
Location

ADDL'T TWO MONTH
PARK BATHROOMS 4TH
YR (11/1/25 - 10/31/26)

ANNUAL COST FOR
OPTIONAL 5TH YEAR
(11/1/26 - 10/31/27)

ADDL'T PARK

BATHROOMS

AMENDMENT
(11/1/26-10/31/27)
GILROY CITY HALL $ 102,601.82 $ 105,679.87 $ 105,679.87 GILROY POLICE DEPARTMENT $ 115,964.01 $ 119,442.93 $ 119,442.93

WHEELER COMMUNITY
CENTER $ 12,407.59 $ 12,779.81 $ 12,779.81
GILROY CORPORATION $ 20,678.93 $ 21,299.30 $ 21,299.30

CHERRY BLOSSSOM
APARTMENTS $ 4,956.61 $ 5,105.31 $ 5,105.31

ASCENCION SOLORSANO
GYMNASIUM $ 16,224.87 $ 16,711.61 $ 16,711.61

SAN YSIDRO PARK
RECREATION BUILDING $ 10,498.37 $ 10,813.33 $ 10,813.33

LAS ANIMAS VETERANS PARK
RECREATION BUILDING $ 10,498.37 $ 10,813.33 $ 10,813.33

SENIOR CENTER
$ 25,769.78 $ 26,542.87 $ 26,542.87

CESAR CHAVEZ GYM
$ 6,203.79 $ 6,389.91 $ 6,389.91

LAS ANIMAS VETERANS PARK
$ 36,083.64

CHRISTMAS HILL PARK
$ 40,111.53

GILROY SPORTS PARK
$ 20,055.76

MILLER PARK
$ -

SAN YSIDRO PARK
$ 15,041.82

TOTAL ANNUAL COST FOR ALL
FACILITIES $ 344,352.95 $ 335,578.27 $ 446,871.02
Attachment A Cost Proposal
$ 6,013.94
$ 6,685.26
$ 3,342.62
$
$ 2,506.98

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AGREEMENT FOR SERVICES
[General Services]
This Agreement for Services (the “Agreement”) is entered into as of August 19, 2026 (the “Effective Date”), by and between the City of Gilroy (“CITY”), a municipal corporation duly organized and existing under the laws of the State of California, and Citiguard, Inc. (“CONTRACTOR”).

ARTICLE 1. TERM OF AGREEMENT
The term of this Agreement shall commence on the Effective Date and continue in effect through August 31, 2027, with an option to extend one year at a time for a period of up to four additional years at the City's sole option to be excercised by written notice to be given by the City not less than thirty days and not more than sixty (60) days prior to August 31, 2031, (“End Date”), unless sooner terminated in accordance with the provisions of Article 8. Should no Effective Date be specified above, then the Effective Date of this Agreement shall be the date this Agreement is executed by the authorized CITY representative. The term of this Agreement may be extended by amendment in accordance with Article 9.A. It is intended that termination of this Agreement be contemporaneous with the final acceptance of all services described in Exhibit B by the Gilroy City Administrator or designee.

ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
Both parties understand and agree that CONTRACTOR, and any person working for or under the direction of CONTRACTOR, is an independent contractor and not an employee, agent, joint venturer, or partner of CITY. Nothing in this Agreement shall be construed as creating an employer-employee relationship between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. CONTRACTOR is not an employee for state or federal tax purposes.

CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY’s employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits, or any other employment benefits.

CONTRACTOR retains the right to perform services for others during the term of this Agreement.

ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR
A. Specific Services
CONTRACTOR shall perform the services (the “Services”) in accordance with Exhibit A (“Specific Provisions”) and as outlined in Exhibit B (“Scope of Services”) within the time periods described in Exhibit C (“Milestone Schedule”) in accordance with the requirements of this Agreement.

B. Method of Performing Services
CONTRACTOR will determine the method, details, and means of performing the above-described Services. CITY has no right to control the manner or determine the method of accomplishing CONTRACTOR’s Services. CONTRACTOR will supply all tools and instrumentalities required

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to perform the Services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY.

C. Employment of Workers
CONTRACTOR may, at the CONTRACTOR’s own expense, employ such workers as CONTRACTOR deems necessary to perform the Services required of CONTRACTOR by this Agreement, subject to the limitations on assignment and subcontracting contained in Article 5.E, below. CITY may not control, direct, or supervise CONTRACTOR’s workers in the performance of those Services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these workers and for all State and Federal income tax, unemployment insurance, Social Security, disability insurance, and other applicable withholding.

As an independent contractor, CONTRACTOR shall indemnify, defend, and hold CITY, its officers, officials, representatives, agents, employees, and volunteers harmless, pursuant to Article

5.D from and against any and all third-party claims arising from allegations that an employeeemployer relationship exists between CITY and an employee or subcontractor of CONTRACTOR or of any of its subcontractors.

ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the Services to be performed by CONTRACTOR, CITY shall pay CONTRACTOR the amounts set forth in Exhibit D (“Payment Schedule”). Such compensation shall be without right to any additional compensation of any kind or type whatsoever, including, without limitation, in quantum meruit. CONTRACTOR shall not be compensated for, and CITY shall not be obligated to pay for, any Services performed by CONTRACTOR without prior, written authorization from CITY, that exceed the total compensation amount provided herein. In the event of a conflict between the amount set forth in this Article 4.A and Exhibit D regarding the amount of compensation, this Article 4.A shall prevail. In no event shall the total compensation paid to CONTRACTOR for the complete and satisfactory performance of the Services in accordance with this Agreement exceed $346,015.

B. Invoices
CONTRACTOR shall submit invoices for all services rendered. CONTRACTOR shall invoice CITY no more than once every thirty (30) days.

C. Payment
Payment will be due according to the payment schedule set forth in Exhibit D. No payment will be made unless CONTRACTOR has first provided CITY with a written invoice describing the work performed and any approved direct expenses (as provided for in Exhibit A, Section III) incurred during the preceding period. CITY shall have no obligation to pay for any work or direct expenses not invoiced within ninety (90) days of the date such work was performed or such expenses were incurred. Expenses shall not be invoiced until incurred.

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If CITY objects to all or any portion of any invoice, CITY will notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected prior to resolution of the objection by mutual agreement of both parties hereto.

D. Costs and Expenses Incident to Performance
CONTRACTOR shall be responsible for all costs and expenses incident to the performance of Services for CITY, including, without limitation, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds, or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR’s costs of doing business. CITY shall not be responsible for any expenses incurred by CONTRACTOR in performing Services for CITY, except for those expenses constituting approved “direct expenses” referenced in Exhibit A, Section III.

ARTICLE 5. OBLIGATIONS OF CONTRACTOR
A. Compliance with Laws
CONTRACTOR shall comply with all applicable Federal, State, and local laws and regulations in fulfilling CONTRACTOR’s obligations under this Agreement.

Without limiting the generality of the foregoing, CONTRACTOR shall comply with the provisions of California Labor Code Section 1735, and California Government Code Section 12940, obligating every worker and/or subcontractor under a contract or subcontract to CITY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any employee, applicant for employment, or any potential subcontractor.

Pursuant to Gilroy City Code Section 1.15, construction, alteration, demolition, repair and maintenance work performed under certain public works contracts is subject to all State laws regarding payment of prevailing wages, including, without limitation, Labor Code Section 1770 et seq. (“State Prevailing Wage Laws”). For construction work that cumulatively exceeds $25,000 and for alteration, demolition, repair and maintenance work that cumulatively exceeds $15,000, CONTRACTOR and its subcontractors must comply with State Prevailing Wage Laws. ☐ ____________(initial) If the box to the left of this sentence is checked and the line beside it initialed by CITY, CONTRACTOR and its subcontractors must comply with State Prevailing Wage Laws and the provisions set forth in Section G of Exhibit A apply.

INDEMNIFICATION: CONTRACTOR acknowledges and agrees that regardless of whether or not the box above is checked and the line initialed, it is ultimately the responsibility of the CONTRACTOR and all subcontractors to determine for themselves whether any Services provided under this Agreement must comply with State Prevailing Wage Laws. To the fullest

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extent permitted by law, CONTRACTOR shall defend, indemnify, and hold harmless, through counsel approved by CITY (which approval will not be unreasonably withheld), CITY, its officers, officials, representatives, agents, employees, and volunteers, against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities, and expenses, including attorneys’ fees, that arise out of, pertain to, or relate to any determination made by CITY, its officers, officials, representatives, agents, employees, and volunteers, whether explicitly or implicitly through any number of actions or representations, related to any classification that a project constitutes a public works project which must comport with State Prevailing Wage Laws.

B. Professional Standard of Care
CONTRACTOR shall perform all Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the County of Santa Clara and the State of California.

CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR will not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’s review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR’s negligent performance of any of the Services furnished under this Agreement.

C. Insurance
CONTRACTOR shall procure and maintain insurance as described in Exhibit E for the duration of this Agreement (and any additional time as may be required in Exhibit E for particular coverage).

D. Indemnification of Liability, Duty to Defend
CONTRACTOR’s indemnification and defense obligations, as provided herein, are in addition to, and are not limited by, the indemnification provision detailed in Article 5.A related to the State Prevailing Wage Laws and the insurance obligations provided in Article 5.C and Exhibit E.

To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify, and hold harmless, through counsel approved by CITY (which approval will not be unreasonably withheld), CITY, its officers, officials, representatives, agents, employees, and volunteers, against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities, and expenses, including attorneys’ fees, that arise out of, pertain to, or relate to the performance of the Services or this Agreement, including all claims relating to the failure to pay wages, or the injury or death of any person or damage to any property, however caused, regardless of any negligence of CITY, excepting only such injury or death of any person, damage to any property, or any other loss, damage, or expense caused by the gross negligence or willful misconduct of CITY, its officers, officials, representatives, agents, employees, or volunteers.

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To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify, and hold harmless, through counsel approved by CITY (which approval will not be unreasonably withheld), CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONTRACTOR’s employees.

Notwithstanding the foregoing, to the extent that this Agreement is a “construction contract” within the meaning of Civil Code Section 2783, then CONTRACTOR’s obligations to defend, indemnify, and hold harmless CITY, its officers, officials, representatives, agents, employees, and volunteers shall not extend to any injury or death of any person, damage to any property, or any other loss, damage, or expense caused by the sole or active negligence or willful misconduct of CITY, its officers, officials, representatives, agents, employees, or volunteers.

Furthermore, to the extent that CONTRACTOR is a “design professional” within the meaning of Civil Code Section 2782.8, CONTRACTOR’s duty to indemnify provided above, including CONTRACTOR’s duty and cost to defend, shall be limited to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR.

E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.

F. State and Federal Taxes
As stated in Article 2, CONTRACTOR is not CITY’s employee. Thus, CONTRACTOR is responsible for paying all required State and Federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from payments to CONTRACTOR;
• CITY will not make State or Federal unemployment insurance contributions on behalf of CONTRACTOR;
• CITY will not withhold State or Federal income tax from payments to CONTRACTOR;
• CITY will not make disability insurance contributions on behalf of CONTRACTOR;
• CITY will not obtain workers’ compensation insurance on behalf of CONTRACTOR.

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G. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, CONTRACTOR shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) as the same may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the limitations on assignment and subcontracting contained in Article 5.E above. CONTRACTOR shall defend, indemnify and hold harmless, through counsel approved by CITY (which approval will not be unreasonably withheld), CITY, its officers, officials, representatives, agents, employees, or volunteers, against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including, without limitation, reasonable attorneys’ fees, that may arise out of any violations of the Act by CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either.

ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY will respond to all reasonable requests of CONTRACTOR and provide access at reasonable times, following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR’s duties under this Agreement.

B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment will not release CONTRACTOR from any of CONTRACTOR’s duties or obligations under this Agreement.

ARTICLE 7. TIME OF COMPLETION
A. Time of the Essence
All dates and times referred to in this Agreement are of the essence.

B. Commencement of Services
CONTRACTOR shall commence the Services described in Exhibit B on the date specified in the CITY’s “Notice to Proceed,” issued pursuant to Exhibit A, Section II.A.

C. Contract Time
CONTRACTOR shall diligently complete its Services within the time provided in Exhibit C.

D. Adjustments to Schedule
The term of this Agreement and/or the time periods described in Exhibit C may only be extended by amendment to this Agreement executed by CITY and CONTRACTOR in accordance with Article 9.A.

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ARTICLE 8. TERMINATION OF AGREEMENT
A. Sale of CONTRACTOR’s Business/ Death of CONTRACTOR
CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR’s business no later than thirty (30) days prior to any such sale. CITY will have the option of terminating this Agreement by providing written notice of termination in accordance with Article 9.J, within thirty (30) days after receiving such notice of sale.

If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR.

B. Termination by CITY Without Cause
Notwithstanding any other provision of this Agreement, CITY may terminate this Agreement without cause at any time upon giving ten (10) days written notice to CONTRACTOR in accordance with Article 9.J. CONTRACTOR shall immediately stop work upon receipt of such notice except as may be necessary to safeguard and protect a project site, and shall be entitled to compensation per this Agreement for work performed prior to work stoppage.

C. Termination by CITY for Material Breach by CONTRACTOR Should CONTRACTOR breach any provision of this Agreement and such breach be material, CITY may, but is not obligated to, terminate this Agreement by providing written notice to CONTRACTOR in accordance with Article 9.J. For the purposes of this section, material breach of this Agreement includes, but is not limited to the following:

1. CONTRACTOR’s failure to professionally and/or timely perform any of the Services contemplated by this Agreement.

2. CONTRACTOR’s breach of any of its representations, warranties or covenants contained in this Agreement.

Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR’S material breach of this Agreement, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete those tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of those tasks pursuant to this Agreement.

D. Termination by CONTRACTOR for CITY’s Failure to Make Agreed-Upon Payments
If CITY fails to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement by the date due, then if and only if such nonpayment constitutes a material breach under this Agreement, CONTRACTOR may, but is not obligated to, terminate this Agreement if

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such breach is not remedied by CITY within thirty (30) days after written demand for such payment is given by CONTRACTOR to CITY in accordance with Article 9.J.

E. Transition after Termination
Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR will be entitled to payment only for work satisfactorily completed through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amount set forth in Article 4.A of this Agreement for its Services which have been fully, competently and timely rendered by CONTRACTOR. CONTRACTOR shall within ten days of receipt of notice of termination deliver to CITY all work done toward completion of the Services required hereunder in the format of electronically stored files where available (including, without limitation, documents, spreadsheets, video and images, AUTOCAD or other design files, and the like) and shall act in such a manner as to facilitate the assumption of CONTRACTOR’s duties by any new contractor hired by the CITY to complete such Services, including the use of the files required to be delivered hereunder.

ARTICLE 9. GENERAL PROVISIONS
A. Amendment & Modification
No amendment, modification, alteration or change to the terms of this Agreement will be effective unless and until made in a writing signed by both parties hereto.

B. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

C. Binding on Successors and Assigns
The covenants, terms, conditions and provisions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, and assigns of both parties hereto.

D. Interpretation
The captions and headings of the various articles, sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.

This Agreement contains the contributions of both parties, each of whom has had the opportunity to consult competent counsel, and it is expressly agreed and understood that the rule stated in Civil Code Section 1654, that ambiguities in a contract should be construed against the drafter, shall have no application to the construction of this Agreement.

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E. Conflict of Interest
CONTRACTOR certifies that to the best of its knowledge, no employee, officer, or elected official of the CITY or of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR, and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.

F. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of Services hereunder by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and are not binding upon CITY.

G. Exhibits Incorporated
All exhibits referred to in this Agreement and attached to it are hereby incorporated by reference.

In the event there is a conflict between the terms in the body of this Agreement and any of the terms of any exhibit to this Agreement, the terms in the body of this Agreement shall control.

H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in State and Federal courts located in Santa Clara County, California.

I. No Third Party Beneficiary
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties will have any claim or right of action hereunder for any cause whatsoever.

J. Notices
Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered by U.S. Mail, registered or certified, return receipt requested, postage prepaid, or by overnight delivery service showing receipt of delivery, or by personal delivery, or by facsimile (fax) or email. Notices or demands shall be addressed as follows:

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CITY: City of Gilroy
Attn: City Administrator
7351 Rosanna Street
Gilroy, CA 95020
Fax: 408-846-0500
With a copy to: City of Gilroy
Attn: Director, Public Works Department
7351 Rosanna Street
Gilroy, CA 95020
Fax: 408-846-0500
CONTRACTOR: Howard Fridkin
Director of Contracts & Procurement
5550 Topanga Canyon Blvd., Ste. 310
Woodland Hills, California 91367
or to such other address as either party may from time to time specify in writing to the other party in accordance with this paragraph.

Notices shall be deemed to have been given upon the earlier of actual receipt; or the next business day after delivery to an overnight delivery service; or three (3) days after the deposit in the U.S. mail; or the same day notice is faxed or emailed (if faxed or emailed before 5:00 p.m.), and on the next business day (if faxed or emailed after 5:00 p.m.) K. Severability
If any provision of this Agreement, including any exhibit hereto, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the court is authorized and instructed to modify this Agreement so that the transactions and agreements contemplated herein are consummated as originally intended to the fullest extent possible.

L. Survival Clause
CONTRACTOR’s obligations to defend, indemnify, and hold harmless CITY, and CITY’s rights and remedies, as provided in this Agreement, survive the expiration or any termination of this Agreement, including, without limitation, CONTRACTOR’s obligations under Article 5, and CITY’s rights and remedies under Article 9.B and Exhibit A, Section IV.B.

M. Waiver
Waiver by CITY of any breach, violation of, or failure to perform any covenant, term, condition or provision of this Agreement, or of the provisions of any ordinance or law, by CONTRACTOR, or any CITY delay in enforcement of the same, will not be deemed to be a waiver of any other

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term, covenant, condition, provisions, ordinance or law, or of any subsequent breach or violation of the same or of any other term, covenant, condition, provision, ordinance or law, by CONTRACTOR.

N. Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which shall be deemed an original. This Agreement and any other documents to be delivered in connection herewith may be electronically signed. Any digital or electronic signatures (including pdf, facsimile or electronically imaged signatures provided by DocuSign or any other digital signature provider) appearing on this Agreement or such other documents shall have the same force and effect as handwritten signatures for the purposes of validity, enforceability and admissibility.

Executed at Gilroy, California, on the date and year written below.

CONTRACTOR: CITY:

Citiguard, Inc. CITY OF GILROY
By: By:

Name: Howard Fridkin Name: Matt Morley
Title: Director of Contracts and Proposals Title: City Administrator Social Security or Taxpayer Date: 8/19/2026
Identification Number 90-1003623
Approved as to Form ATTEST:

City Attorney City Clerk

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EXHIBIT A

SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONTRACTOR shall provide the Services as outlined in Exhibit B, (“Scope of Services”). To accomplish that end, CONTRACTOR agrees to assign Henry Linares, who will act in the capacity of Project Manager, and who will personally direct such Services.

Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision, and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.

II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONTRACTOR shall commence the Services upon CITY’s delivery of a written “Notice to Proceed,” from the designated CITY contact person(s) to CONTRACTOR. For purposes of this Agreement, the Parks and Landscaping Supervisor will be the designated CITY contact person(s).

The Notice to Proceed may be in the form of email, letter or fax authorizing commencement of the Services. The Notice to Proceed shall be given in accordance with Article 9.J of this Agreement, or may be given by email.

B. COMPLETION OF SERVICES
When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY will give CONTRACTOR a written Notice of Final Acceptance. CONTRACTOR may request this Notice of Final Acceptance when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY will make a determination of completion within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY will so inform CONTRACTOR within this two (2) week period. CITY’s failure to make such a determination of completion within two (2) weeks shall be deemed to constitute CITY’s rejection of the Services subject to CITY’s later issuance of a Notice of Final Acceptance.

III. PAYMENT OF FEES AND DIRECT EXPENSES
Payments will be made to CONTRACTOR as provided for in Article 4 of this Agreement.

Direct expenses are charges and fees for services not included in Exhibit B. CITY will only be obligated to pay for those direct expenses that have been previously approved in writing by CITY.

CONTRACTOR must obtain written approval from CITY prior to incurring or billing for direct expenses.

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Copies of pertinent financial records, including, without limitation, invoices, must be included with the submission of billing(s) for all direct expenses.

IV. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONTRACTOR represents and warrants that it has the qualifications, skills, and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR’s representations and warranties regarding its skills, qualifications and licenses.

Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance will be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings will be that used by CITY for similar purposes.

If such deliverables are required under this Agreement, all civil (including structural and geotechnical) engineering plans, calculations, specifications, and reports shall be prepared by, or under the responsible charge of, a licensed civil engineer and will include his or her name and license number. Interim documents will include a notation as to the intended purpose of the document, such as “preliminary” or “for review only.” All civil engineering plans and specifications that are permitted or that are to be released for construction will bear the signature and seal of that licensee and the date of signing and sealing or stamping.

B. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, without limitation, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years from the date of final payment to CONTRACTOR, or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which will be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request.

C. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, without limitation, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and will not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to

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CONTRACTOR which is otherwise known to CONTRACTOR or which becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR’s disclosure thereof) will be deemed confidential. CONTRACTOR shall not use CITY’s name or insignia, or distribute publicity pertaining to the Services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.

D. NO PLEDGING OF CITY’S CREDIT.

Under no circumstances will CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.

E. OWNERSHIP OF MATERIAL.

All material including, without limitation, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement (“Materials”) shall be provided to CITY upon its request (whether during or after the term of this Agreement), but CONTRACTOR may retain and use copies thereof subject to Section IV.C above. Upon delivery to CITY, any Materials delivered shall become the property of the CITY, but they shall remain the property of CONTRACTOR prior to the delivery thereof.

CONTRACTOR represents and warrants to CITY that none of the Materials infringes any patent, copyright, trademark, trade secret, or any other intellectual property right of any third-party, and any claims arising out of an actual or alleged breach of this representation and warranty shall be subject to CONTRACTOR’s obligations pursuant to Article 5.D.

Upon delivery to CITY, CITY shall not be limited in any way in its use of the Materials at any time for any work, whether or not associated with the Services rendered under this Agreement.

However, CONTRACTOR will not be responsible for, and City will indemnify CONTRACTOR from, damages resulting from the use of the Materials for work other than for the Services, including, without limitation, the release of Materials to third parties for work other than on the Services rendered under this Agreement.

F. FEDERAL OR STATE FUNDING REQUIREMENTS.
☐ If the box to the left of this sentence is checked, this Agreement involves Federal or State funding and the requirements of this Section IV.F, below, apply.

1. DBE Program
CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.

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2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, will be used to determine the allowable cost for individual items.

3. Covenant against Contingent Fees
The CONTRACTOR warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, CITY shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the price or consideration specified in this Agreement, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or other consideration.

4. Byrd Anti-Lobbying Amendment
If the maximum amount of this Agreement exceeds One Hundred Thousand and No/100 Dollars ($100,000.00), CONTRACTOR shall comply with the provisions of 31 U.S.C. § 1352.

5. Additional Federal Requirements
If applicable, CONTRACTOR shall comply with the requirements of Title 37, Part 401, Code of Federal Regulations (34 CFR 401), “Rights to Inventions Made by Nonprofit Organizations and Small Businesses Under Government Grants, Contracts and Cooperative Agreements,” the Clean Water Act (42 U.S.C. § 7401, et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.), and any orders and regulations pursuant thereto. CONTRACTOR has read and understands the provisions of Appendix II, Title 2, Part 200, Code of Federal Regulations (2 CFR 200, Appx. II), “Contract Provisions for Non-Federal Entity Contracts Under Federal Awards,” which are incorporated herein by reference as though fully set forth.

G. PREVAILING WAGE REQUIREMENTS.

If this Agreement is subject to the payment of prevailing wages pursuant to Section A of Article 5, the following requirements apply:

1. Payment of Prevailing Wages
CONTRACTOR and all subcontractors shall pay workers per diem wages in an amount that is no less than the applicable prevailing wage rate.

2. Prevailing Wage Rates
The prevailing wage rate of per diem wages is available online at the following website:
https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. CONTRACTOR and all

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subcontractors shall post a copy of the prevailing wage rate of per diem wages at each job site and shall make them available to any interested party upon request.

3. Penalties for Violations
CONTRACTOR and all subcontractors shall comply with Labor Code Section 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker is employed. This shall be in addition to any other applicable penalties allowed under Labor Code Sections 1720 through 1861.

4. Payroll Records
CONTRACTOR and all subcontractors shall comply with Labor Code Section 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. CONTRACTOR and all subcontractors shall also furnish records specified in Labor Code Section 1776 directly to the Labor Commissioner in the manner required by Labor Code Section 1771.4.

5. Apprentices
CONTRACTOR and all subcontractors shall comply with Labor Code Sections 1777.5, 1777.6, and 1777.7 concerning the employment and wages of apprentices. CONTRACTOR shall ensure their subcontractors comply with Labor Code Section 1777.5, and CONTRACTOR may be subject to penalties for their subcontractors’ non-compliance with Labor Code Section 1777.5 pursuant to the standards enumerated in Labor Code Section 1777.7.

6. Working Hours
CONTRACTOR and all subcontractors shall comply with Labor Code Sections 1810 through 1815, including but not limited to restricting working hours on public works contracts to eight (8) hours a day

7. Contractor and Subcontractor Registration Requirements CONTRACTOR and all subcontractors shall not be qualified to bid on, be listed in a bid or proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Business and Professions Code Section 7029.1 or by Public Contract Code Sections 10164 and 20103.5, provided the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the contract is awarded.

8. Compliance Monitoring and Enforcement
This Agreement and the Services provided thereunder are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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EXHIBIT B

SCOPE OF SERVICES
Task 1 SCOPE OF WORK
The Contractor shall provide comprehensive unarmed park patrol services, including but not limited to:

1.1 Closing & securing park facilities, including:
• Restrooms (checked for occupancy and locked)
• Parking lots (cleared of vehicles and unauthorized users) • Park gates (fully closed and locked)
• Pools and recreation facilities, as applicable
• Tennis Courts (checked for occupancy and locked)
• Handball Courts (cleared of unauthorized users)
• Dog Park (cleared of unauthorized users)
• Picnic areas (cleared of unauthorized users)
• Playgrounds (cleared of unauthorized users)

1.2 Ensuring all park patrons have exited facilities at designated closing times

1.3 Ejecting after-hours trespassers, including campers and unauthorized vehicles

1.4 Maintain and update the security procedures manual, commonly known as “Post Orders.”

1.5 Visiting sites throughout the City as directed by City staff

1.6 The Contractor shall provide one security guard with a part time shift between 10:00 PM to 2:00 AM.

2. PERFORMANCE VERIFICATION AND ACCOUNTABILITY

2.1 The Contractor shall physically verify and secure and reopen at all assigned facilities during each patrol.

2.2 All inspections shall be conducted through direct physical verification. Drive-by inspections are not acceptable.

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2.3 Contractor shall ensure that all restrooms, gates, and parking areas are secured and reopened at each location.

3. GUARD TOUR / PATROL VERIFICATION SYSTEM

3.1 Contractor shall implement and maintain an electronic guard tour verification system.

3.2 The system shall include:
• GPS-based or RFID checkpoint tracking
• Pre-established checkpoints within each park, including:
o Restrooms
o Parking lots
o Tennis Courts
o Handball Courts
o Gates
o High-priority areas
o Dog park
o Picnic areas
o Playgrounds

3.3 All checkpoint activity shall be time-stamped and recorded.

3.4 Contractor shall provide access to guard tour data upon request.

4. PARK CLOSING PROCEDURES

4.1 Closing Procedures (Monday - Thursday)
• Closing Shift Start Time: 10:00 PM through 2:00 AM daily • Contractor shall begin closure operations at designated parks beginning 11:00 PM, including:
o Gilroy Sports Park
o Christmas Hill Park
o Christmas Hill Ranch Site
o Las Animas Veterans Park

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o San Ysidro Park
o Additional assigned locations
• Contractor shall ensure:
o All patrons have exited
o Restrooms are secured
o Gates and facilities are locked

4.2 Closing Procedures (Friday - Sunday)
• Closing Shift Start Time: 9:00 PM through 1:00 AM daily • Contractor shall begin closure of the Wayland and Hanna Parking lots at Las Animas Park beginning 9:00 PM.

Contractor shall begin closure operations at designated parks beginning 11:00 PM, including:
o Gilroy Sports Park
o Christmas Hill Park
o Christmas Hill Ranch Site
o Las Animas Veterans Park
o San Ysidro Park
o Additional assigned locations
• Contractor shall ensure:
o All patrons have exited
o Restrooms are secured
o Gates and facilities are locked

4.3 Schedule Adjustments
• The City reserves the right to modify park hours and patrol schedules at its discretion.

5. MINIMUM PATROL STANDARDS

5.1 Each primary park shall be visited at least three times per shift.

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5.2 High-use parks (including but not limited to Sports Park, Las Animas Veterans Park, and Christmas Hill Park) shall receive multiple patrol checks per shift.

5.3 Patrols shall include both closure verification and follow-up inspections.

6. DAILY ACTIVITY REPORT (DAR) REQUIREMENTS

6.1 Contractor shall submit a Daily Activity Report (DAR) for each shift.

6.2 DAR shall include:
• Time-stamped log of each park visited
• Confirmation of:
o Restrooms secured
o Gates locked
o Parking lots cleared
• Documentation of:
o Trespassers and ejections
o Public interactions
o Vandalism or damage
o Maintenance or safety concerns (e.g., broken lights, broken locks, etc.)

6.3 Photo Documentation:
• Photos required for each primary park, including:
o Locked restrooms
o Secured gates
o Parking lot conditions
• All photos shall be time and date stamped

7.4 Submittal Deadline:
• DARs shall be submitted by 8:00 AM daily

6.5 Monthly Reporting

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• Monthly reports are mandatory and shall be submitted to the city no later than the 5th business day of each month,
• Monthly reports shall contain the following:
o Patrol Metrics “measurable, verifiable data” (patrol hours, patrol visits, checkpoint verification, facility security actions, patrol coverage, response activity, enforcement activity) o Incident Summaries
o Response time performance
o Recommendations for service improvements
o Reports shall be data-driven and supported by guard tour system records and Daily Activity Reports.

7. COMMUNICATION REQUIREMENTS

7.1 Contractor shall check in with City Communications at the beginning and end of each shift by calling (408) 846-0350.

7.2 Contractor shall maintain communication capability at all times during patrol operations.

7.3 Contractor shall notify City staff of significant incidents requiring immediate attention.

7.4 Deal effectively and properly with disruptions in a respectful and tactful manner; proactively prevent disruptions.

8. DEFINITION OF SECURED FACILITY
A facility shall be considered secured only when all of the following conditions are met:
• All occupants have vacated the area
• All gates, doors, and access points are closed and locked • No unauthorized persons remain on site
• No visible hazards or active issues are present

9. PRIMARY PARK LOCATIONS
• Gilroy Sports Park 5925 Monterey Frontage
o One (1) Restroom
o One (1) Gate

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o Parking Lot
o Playground, Baseball, and Soccer Facilities
• Christmas Hill Park (CHP) 7050 Miller Ave.
o Three (3) Restrooms
o One (1) Gates
o Parking Lot
o Baseball, Playground, Picnic Reservations areas, and Amphitheater Facilities • CHP Ranch Site 7049 Miller Ave.
o One (1) Gate
o Parking Lot
o Baseball and Soccer Facilities
• Las Animas Veterans Park 400 Mantelli Dr.
o Three (3) Restrooms
o Two (2) Gates
o Two (2) Parking lots, up to four (4) Parking Lots
o Tennis Courts, Baseball, Basketball, Handball, Skateboarding, Dog Park, Pickleball (future), Two (2) Playground facilities
• San Ysidro Park 7700 Murray Ave.
o One (1) Restroom
o Handball Courts, Picnic areas, Two (2) Playground facilities

10. TRAILS AND FACILITIES PATROL (AS NEEDED)
• City Hall & Civic Center
• Miller Park 7851 Carmel St.
• Farrel Ave. Park Site
• Lions Creek Class I Trail
• Christopher High School Aquatic Facilities

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• Gateway Park
• Santa Teresa Blvd Class I Bike Trail
• Luchessa Ave. @ Thomas Rd. Traffic Circle
• Vilagio Class I Bike Trail
• Uvas Creek Class I Trail
• Solarsano Gym
• Glen Loma Specific Plan Park Site #2
• Uvas Creek Preserve Staging & Park Site
• CFD Sites
• Uvas Creek Levee- Hecker Pass Class I Trail
• Downtown Street Scape
• Interim Center for the Arts
• Willey Cultural Center & Museum
• Senior Center, Wheeler Community Center, Library
• El Roble Park 7550 Wren Ave.
• Hecker Pass Park and Dog Park 1500 Third St.
• Del Rey Park 9001 Calle Del Rey
• Carriage Hill Park 1701 Crest Hill Way
• Renz Park 8140 Hanna St.
• Sunrise Park 9525 Saddler Dr.
• Los Arroyos Park 801 Moro Dr.
• Sunrise Park 9525 Saddler Dr.
• Rainbow Park 780 Mantelli Dr.
• Forrest Street Park 7325 Forrest St.
• Cydney Casper Park 985 Charles Lux Dr

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11. STAFFING AND OPERATIONAL REQUIREMENTS

11.1 Patrol shifts shall not exceed four (4) hours per night or twenty-eight (28) hours per week per security guard without prior written City approval.

11.2 Location of guard tour patrols and frequency of patrols will be agreed upon by the Contractor and City.

11.3 Patrol hours begin upon arrival in Gilroy and check-in with City Communications.

11.4 All personnel shall:
• Be licensed private patrol operator by the California Department of Consumer Affairs, Bureau of Security
and Investigative Services (BSIS)
• Possess a valid California Driver License Class C

11.5 Contractor shall provide personnel credentials within two (2) business days upon request.

11.6 Personnel shall be equipped with appropriate personal protective equipment (PPE) for nighttime operations and expected services to be provided as indicated in this RFP.

11.7 Vendor will work cooperatively with Gilroy Police Department to develop protocols for employees to take action required to handle incidents on City property.

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EXHIBIT C

MILESTONE SCHEDULE
Providing the City with nightly patrol reports (Daily Activity Report) that document with text and photographs, patrol activites, vandalism, ejections and other after-hour problems.

In addition to Daily Activity Reports, the contractor must provide monthly summary reports outlining patrol trends, incidents, and recommendations for improved park security. These reports should include data on vandalism, tresspassing, and any other recurring issues, with photos and written documentation of all incidents. The City may request quarterly performance reviews.

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EXHIBIT D

PAYMENT SCHEDULE
Payment shall be made upon an invoice from Contractor, and payments shall be made next 30 days after reciept.

Invoices shall be issued no more than monthly to the CITY. The invoice shall include detail of the staff hours and rates for the Contractor personnel. The invoice shall itemize costs persuant to the approved rates as follows:

Regular Hourly Bill Rate: $26.50
Rate for one (1) Security Officer and Patrol Car with a minimum of three (3) site visits per four (4) hour shift: $47.00
Holiday Rate: $39.75
Holiday rate shall apply to hours worked on the following dates:

1. New Year's Day (January 1)

2. Materin Luther King Junior Day (Third Monday of January)

3. President's Day (Third Monday in May)

4. Memorial Day (Last Monday in May)

5. Independence Day (July 4)

6. Labor Day (First Monday in September)

7. Veteran's Day (November 11)

8. Thanksgiving Day (Fourth Thursday in November)

9. Day after Thanksgiving (Fourth Friday in November)

10. Christmas Day (December 25)

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EXHIBIT E
INSURANCE [General Services]
CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, his agents, representatives, employees or subcontractors.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the CONTRACTOR maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10 11 85 or the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the CONTRACTOR’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance

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and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
The CONTRACTOR may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the CITY.

Waiver of Subrogation
CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by CITY. CITY may require the CONTRACTOR to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the CONTRACTOR must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
CONTRACTOR shall furnish the CITY with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All documents are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete,