Milpitas City Council
April 7, 2026

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4. Compl
etion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid.

5. Damage to another contractor or a third party.

6. Amounts which may be due the City for claims against Contractor.

7. Failure of Contractor to keep the record (“as-built”) drawings up to date.

8. Failure to provide update on construction schedule as required herein.

9. Site cleanup.

10. Failure to comply with Contract Documents.

11. Liquidated damages.

12. Legally permitted penalties.

D. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (B)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law.

In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.

E. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 calendar days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of days by which the Engineer exceeds the seven (7) Day requirement.

F. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City.

ARTICLE 41 SECURITIES FOR MONEY WITHHELD
Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be

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depo
sited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

ARTICLE 42 CHANGES AND EXTRA WORK.

A. Contract Change Orders.

1. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. Except as otherwise provided herein, all such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract Price or the Contract Time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.

2. Contractor shall promptly execute changes in the Work as directed in writing by the City even when the parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price or Contract Time. All claims for additional compensation shall be presented in writing. No claim will be considered after the Work in question has been completed unless a written Change Order has been issued or a timely written notice of claim has been made by Contractor.

3. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract.

4. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done.

5. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the work, including Additional Work, promptly and expeditiously.

6. Contractor shall make available to the City any of the Contractor’s documents related to the Project immediately upon request of the City, as set forth in Article 52.

7. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.

B. Contract Price Change.

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1. Process
for Determining Adjustments in Contract Price.
a. Owner
Initiated Change. The Contractor must submit a complete cost
proposal, including any change in the Contract Price or Contract Time, within seven (7) Days after receipt of a scope of a proposed change order initiated by the City, unless the City requests that proposals be submitted in less than seven (7) Days. b. Contractor Initiated Change. The Contractor must give written notice
of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
c. Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City. d. Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City, including but not limited to estimates and quotations from subcontractors or material suppliers, as the City may reasonably request. Contractor shall certify the accuracy of all Change Order Requests under penalty of perjury.
e. If the Contractor fails to submit a complete cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the Work immediately on a time and materials basis and/or issue a lump sum change to the Contract Price and/or Contract Time in accordance with the City’s estimate. If the change is issued based on the City's estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that the City’s estimate was in error.

2. Unit Price Change Orders.
a. When
the actual quantity of a Unit Price item is found to vary from the Bid Form, compensation for the change in quantity will be calculated by multiplying the actual quantity by the Unit Price. This calculation may result in either an additive or deductive Final Change Order pursuant to the Contract Documents. Contractor shall immediately inform the Engineer when the actual quanities vary from estimated quantities.
b. No Mark up for Overhead and Profit. Because the Contract Unit Prices
provided in the Bid Form include Overhead and Profit as determined by Contractor at the time of Bid submission, no mark up or deduction for Overhead and Profit will be included in Unit Price Change Orders.

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c. Bid
items included on the Bid Form may be deducted from the Work in their entirety without any negotiated extra costs.
d. Contractor acknowledges that unit quantities are estimates and agrees that the estimated unit quantities listed on the Bid Form will be adjusted to reflect the actual unit quantities which may result in an adjustment to the Contract Unit Prices. Such an adjustment will be made by execution of a final additive or deductive Change Order following Contractor’s completion of the Work. Upon notification, Contractor’s failure to respond within seven (7) Days will result in City’s issuance of a unit quantity adjustment to the Contract Unit Prices and/or Contract Time in accordance with the Contract Documents.

3. Lump Sum Change Orders. Compensation for Lump Sum Change Orders shall
be limited to expenditures necessitated specifically by the Additional Work, and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing local
ly for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such new
classifications. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at invoice or low
est current price at which such materials are locally available in the quantities involved, plus sales tax, freight, and delivery.

Materials costs shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the City shall determine the materials cost, at its sole discretion.
c. Tool and Equipment Use. Costs for the use of small tools, which are tool
s that have a replacement value of $1,000 or less, shall be considered included in the Overhead and Profit mark-ups established below. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the Work is performed.

4. Time and Materials Change Orders.
a. General
. The term Time and Materials means the sum of all costs reasona
bly and necessarily incurred and paid by Contractor for

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labo
r, materials, and equipment in the proper performance of Additional Work. Except as otherwise may be agreed to in writing by the City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, and shall include only the following items.
b. Timely and Final Documentation.
i. T&M Daily Sheets. Contractor must submit timesheets, material
s invoices, records of equipment hours, and records
of rental equipment hours to the City’s Representative for an approval signature each day Additional Work is performed.

Failure to get the City’s Representative’s approval signature each Day shall result in a waiver of Contractor’s right to claim these costs. The City’s Representative’s signature on time sheets only serves as verification that the Work was performed and is not indicative of City’s agreement to
Contractor’s entitlement to the cost.
ii. T&M Daily Summary Sheets. All documentation of incurred costs (“T&
M Daily Summary Sheets”) shall be submitted by
Contractor within three (3) Days of incurring the cost for labor, material, equipment, and special services as
Additional Work is performed. Contractor’s actual costs shall be presented in a summary table in an electronic
spreadsheet file by labor, material, equipment, and special services. Each T&M Daily Summary Sheet shall include
Contractor’s actual costs incurred for the Additional Work performed that day and a cumulative total of Contractor’s actual costs incurred for the Additional Work. Contractor’s failure to provide a T&M Daily Summary Sheet showing a
total cost summary within three (3) Days but within five (5) Days of performance of the Work will result in the
Contractor’s otherwise allowable overhead and profit being reduced by 50% for that portion of Additional Work which was not documented in a timely manner. Contractor’s
failure to submit the T&M Daily Summary Sheet within five (5) Days of performance of the Work will result in a total waiver of Contractor’s right to claim these costs.
iii. T&M Total Cost Summary Sheet. Contractor shall submit a T&M
Total Cost Summary Sheet, which shall include total
actual costs, within seven (7) Days following completion of City approved Additional Work. Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Contractor’s failure to submit the T&M Total Cost Summary Sheet within seven (7) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the T&M
Summary Sheets or the performance of the Additional Work.

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c. Labo
r. The Contractor will be paid the cost of labor for the workers used
in the actual and direct performance of the Work. The cost of labor will be the sum of the actual wages paid (which shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation, and similar purposes) substantiated by timesheets and certified payroll for wages prevailing for each craft or type of workers performing the Additional Work at the time the Additional Work is done, and the labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates , which is in effect on the date upon which the Work is accomplished and which is a part of the Contract.

The labor surcharge shall constitute full compensation for all payments imposed by Federal, State, or local laws and for all other payments made to, or on behalf of, the workers, other than actual wages.
i. Equipment Operator Exception. Labor costs for equipment operato
rs and helpers shall be paid only when such costs
are not included in the invoice for equipment rental.
ii. Foreman Exception. The labor costs for foremen shall be propor
tioned to all of their assigned work and only that
applicable to the Additional Work shall be paid. Indirect labor costs, including, without limitation, the superintendent, project manager, and other labor identified in the Contract Documents will be considered Overhead.
d. Materials. The cost of materials reported shall be itemized at invoi
ce or lowest current price at which materials are locally available and delivered to the Project site in the quantities involved, plus the cost of sales tax, freight, delivery, and storage. i. Trade discounts available to the purchaser shall be credited to the City notwithstanding the fact that such discounts may not have been taken by Contractor.
ii. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the City’s Representative.
iii. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on
Additional Work items or the current wholesale price for such materials delivered to the Project site, whichever price is lower.
iv. If, in the opinion of the City’s Representative, the cost of materials is excessive, or Contractor does not furnish
satisfactory evidence of the cost of such materials, then the

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cost
shall be deemed to be the lowest current wholesale
price for the total quantity concerned delivered to the Project site less trade discounts.
v. The City reserves the right to furnish materials for the Additional Work and no Claim shall be allowed by
Contractor for costs of such materials or Indirect Costs or profit on City furnished materials.
e. Equipment.
i. Ren
tal Time. The rental time to be paid for equipment on
the
Project site shall be the time the equipment is in
productive operation on the Additional Work being
performed and, in addition, shall include the time required to move the equipment to the location of the Additional Work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except that moving time will not be paid if the equipment is used on other than the Additional Work, even though located at the site of the Additional Work. (a) Rental Time Not Allowed. Rental time will not be
allo
wed while equipment is inoperative due to
breakdowns.
(b) Computation Method. The following shall be used in computin
g the rental time of equipment on the
Project site.
(i) When hourly rates are paid, any part of an
hour less than 30 minutes of operation shall
be considered to be 1/2-hour of operation,
and any part of an hour in excess of 30
minutes will be considered one hour of
operation.
(ii) When daily rates are paid, any part of a day
less than 4 hours operation shall be
considered to be 1/2-day of operation, and
any part of an hour in excess of 4 hours will
be considered one day of operation.
ii. Rental Rates. Contractor will be paid for the use of equi
pment at the lesser of (i) the actual rental rate, or (ii) the rental rate listed for that equipment in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates , which is in effect on the date upon which the Contract was executed. Such rental rates will be used to compute payments for equipment whether the equipment is under Contractor’s control through

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direct
ownership, leasing, renting, or another method of
acquisition. The rental rate to be applied for use of each item of equipment shall be the rate (i.e., daily, monthly) resulting in the least total cost to the City for the total period of use. If it is deemed necessary by Contractor to use equipment not listed in the publication, an equitable rental rate for the equipment will be established by the City’s Representative. Contractor may furnish cost data which might assist the City’s Representative in the establishment of the rental rate.
iii. Contractor-Owned Equipment.
(a) For
Contractor-owned equipment, the allowed
equipment rental rate will be limited to the monthly
equipment rental rate using a utilization rate of 173
hours per month.
(b) For Contractor-owned equipment, the rental time to
be paid for equipment on the Site shall be the time
the equipment is in productive operation, unless, in
the instance of standby time, the equipment could be
actively used by Contractor on another project, then
City shall pay for the entirety of the time the
equipment is on Site. It shall be Contractor’s burden
to demonstrate to the City that the equipment could
be actively used on another project.
(i) All equipment shall, in the opinion of the
City’s Representative, be in good working
condition and suitable for the purpose for
which the equipment is to be used.
(ii) Before construction equipment is used on
the Additional Work, Contractor shall plainly
stencil or stamp an identifying number
thereon at a conspicuous location, and shall
furnish to the City’s Representative, in
duplicate, a description of the equipment and
its identifying number and the scheduled
Additional Work activities planned.
(iii) Unless otherwise specified, manufacturer’s
rating and manufacturer approved
modifications shall be used to classify
equipment for the determination of
applicable rental rates. Equipment which
has no direct power unit shall be powered by
a unit of at least the minimum rating
recommended by the manufacturer.

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f. Speci
al Services. Special work or services are defined as that Addi
tional Work characterized by extraordinary complexity,
sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry. i. Invoices for Special Services. When the City’s
Rep
resentative and Contractor determine that a special
service is required which cannot be performed by the forces of Contractor or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in the Additional Work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs, after validation of market values by the City’s Representative.
ii. Discount and Allowance. All invoices for special services wil
l be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of Overhead and Profit specified herein, a total allowance not to exceed fifteen percent (15%) for Overhead and Profit will be added to invoices for Special Services.
iii. When the City determines, in its sole discretion, that competitive bidding is necessary for certain special
services, Contractor shall solicit competitive bids for those special services.
g. Excluded Costs. The term Time and Material shall not include any of
the following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by Contractor’s allowance for Overhead and Profit.
i. Overhead Cost. Payroll costs and other compensation of Con
tractor’s officers, executives, principals, general
managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by
Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Additional Work;
ii. Office Expenses. Expenses of Contractor’s principal and branch o
ffices;
iii. Capital Expenses. Any part of Contractor’s capital expen
ses, including interest on Contractor’s capital
employed for the Additional Work and charges against
Contractor for delinquent payments;

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iv.

Negligence. Costs due to the negligence of Contractor or any
Subcontractor or Supplier, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the
correction of Defective Work, disposal of materials or
equipment wrongly supplied, and making good any damage
to property;
v. Other. Other overhead or general expense costs of any kind and
the cost of any item not specifically and expressly
included in the Contract Documents;
vi. Small Tools. Cost of small tools valued at less than $1,000 and t
hat remain the property of Contractor;
vii. Administrative Costs. Costs associated with the preparation of C
hange Orders (whether or not ultimately authorized),
cost estimates, or the preparation or filing of Claims; viii. Anticipated Lost Profits. Expenses of Contractor associated with
anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention; ix. Home Office Overhead. Costs derived from the
computa
tion of a “home office overhead” rate by application
of the Eichleay, Allegheny , burden fluctuation, or other similar methods;
x. Special Consultants and Attorneys. Costs of special consul
tants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work. h. Overhead, Profit and Other Charges. The mark-up for overhead (inclu
ding supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials, and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and
subcontractors at cost only, without mark-up. Contractor shall provide City with documentation of the costs, including, but not limited to, payroll records, invoices, and such other information as City may reasonably request.
ii. For Work performed by the Contractor’s forces, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work.

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iii.

For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subcontractor’s Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub-subcontractor’s Net Cost for Work to which the subcontractor and general contractor may each add an additional five percent (5%) of the Net Cost of the lower tier subcontractor.
v. No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five
percent (25%) of the Net Cost as defined herein, of the party that performs the Work.

5. All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings, field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary On-Site facilities (Offices, Telephones, High Speed Internet Access, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final Cleanup; Other Incidental Work; Related Warranties; insurance and bond premiums.

6. For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed record of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors

7. For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed record of the cost to the Contractor, signed by such vendor or supplier.

8. Any change in the Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price.

The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.

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9. Con
tractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order for Work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights.

10. If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a Change Order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral Change Order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order, and providing such supporting documentation for its position as the City may require.

C. Change of Contract Times.

1. The Contract Times may only be changed by a Change Order.

2. All changes in the Contract Price and/or adjustments to the Contract Times related to each change shall be included in Contractor’s COR pursuant to this Article. No cost or time will be allowed for cumulative effects of multiple changes. All Change Orders must state that the Contract Time is not changed or is either increased or decreased by a specific number of days.

Failure to include a change to time shall waive any change to the time unless the parties mutually agree in writing to postpone a determination of the change to time resulting from the Change Order.

3. Notice of the amount of the request for adjustment in the Contract Times with supporting data shall be delivered within seven (7) Days after such start of occurrence, unless City’s Representative allows an additional period of time to ascertain more accurate data in support of the request.

No extension of time or additional compensation shall be given for a delay if the Contractor failed to give notice in the manner and within the time prescribed.

4. City may elect, at City’s sole discretion, to grant an extension in Contract Times, without Contractor’s request, because of delays or other factors.

5. Use of Float and Critical Path.
a. Floa
t is for the benefit of the Project. Float shall not be considered for the exclusive use or benefit of either the City or the Contractor. b. Contractor shall not be entitled to compensation, and City will not compensate Contractor, for delays which impact early completion.

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Any
difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float.

6. Contractor’s entitlement to an extension of the Contract Times is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. No time extension shall be allowed unless, and then only to the extent that, the City-caused delay extends the critical path beyond the previously approved Contract Time. If approved, the increase in time required to complete the Work shall be added to the Contract Time.
a. Contractor shall not be entitled to an adjustment in the Contract Price or Contract Times for delays within the control of Contractor.

Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.
b. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions (as determined by the City), Acts of God, acts or failures to act of utility owners not under the control of City, or other causes not the fault of and beyond control of City and Contractor, then Contractor shall be entitled to an time extension when the Work stopped is on the critical path. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays. Contractor must submit a timely request in accordance with the requirements of this Article.
c. Utility-Related Delays.
i. Con
tractor shall immediately notify in writing the utility owner and City’s Representative of its construction schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with this Article.
ii. Contractor shall not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, as noted in the Contract Documents or by the Underground Service Alert survey.

7. Content for Requests for Contract Extension. Contractor’s justification for entitleme
nt shall be clear and complete citing specific Contract Document references and reasons on which Contractor’s entitlement is based. At a minimum, each request for a time extension must include:
a. Each request for an extension of Contract Time must identify the impacting event, in narrative form, providing a description of the delay event and sufficient justification as to why the Contractor is

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entitled
to a time extension. Contractor must demonstrate that the delay arises from unforeseeable causes beyond the control and without the fault or negligence of both Contractor and any Subcontractors or Suppliers, or any other persons or organizations employed by any of them or for whose acts any of them may be liable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Times, despite Contractor’s reasonable and diligent actions to guard against those effects.
b. Each request for an extension of Contract Time must include a time impact analysis in CPM format, using the Contemporaneous Impacted As-Planned Schedule Analysis to calculate the impact of the delay event.

8. No Damages for Reasonable Delay.
a. City
’s liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs.
b. City and City’s Representative, and the officers, members, partners, employees, agents, consultants, or subcontractors of each of them, shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

9. Contractor’s failure, neglect, or refusal to comply with the requirements of the Contract Documents, or any portion thereof, shall bar Contractor’s request for extensions of the Contract Times. Such failure, neglect, or refusal prejudices City’s and City’s Representative’s ability to recognize and mitigate delay, and such failure, neglect, or refusal prevent the timely analysis of requests for extensions of Contract Times, and whether such extensions may be warranted. Contractor hereby waives all rights to extensions of Contract Times due to delays or accelerations that result from or occur during periods of time for which Contractor fails, neglects, or refuses to fully comply with the requirements of this Article.

10. Contractors submission of daily construction reports and schedule updates in accordance with these Contract Documents is required for the evaluation of the merits of time extension request. Failure of the Contractor to submit daily construction reports and schedule updates shall constitute a waiver of its right to seek a time extension or additional compensation.

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ART
ICLE 43 FINAL ACCEPTANCE AND PAYMENT
A. Final Inspection. Upon written notice from Contractor that the entire Work is comple
te, the Engineer will promptly make a final inspection and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

B. Final Acceptance. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as- builts), and other documents required by the Contract Documents, the City shall execute and file with the County in which the Project is located a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.

C. Final Payment.

1. Appl
ication for Payment. Upon execution of the Notice of Completion, Con
tractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied (except as previously delivered) by: all documentation called for in the Contract Documents, including but not limited to a fully completed Conditional Waiver and Release on Final Payment

2. City’s Review of Application and Acceptance. If, on the basis of the City’s observa
tion of the Work during construction and final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, the City is satisfied that the Work has been completed and Contractor has satisfied all other requirements for final payment, the City will process the final payment appllication. Otherwise, the City will return the payment application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the application for payment.

3. Payment Becomes Due. Within sixty (60) Days after the presentation to the City
of the proper and complete final application for payment and accompanying documentation, the amount recommended by the Engineer, less any sum the City is entitled to set off pursuant to the Contract Documents, will become due and will be paid by the City to Contractor.

D. Waiver of Claims. The making and acceptance of final payment will constitute a wai
ver of all Claims by Contractor against the City other than those previously made in accordance with the requirements herein and expressly acknowledged by the City in writing as still unsettled.

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ART
ICLE 44 OCCUPANCY
The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract.This use shall not relieve the Contractor of its responsibilities under the Contract.

ARTICLE 45 INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, officials, officers, agents, employees, and representatives, and each of them from and against:

A. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.

B. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.

C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; D. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the City Council’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the

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City
, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

ARTICLE 46 PROCEDURE FOR RESOLVING DISPUTES
Contractor shall timely comply with all notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 42, Changes and Extra Work, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the Contract Price or Contract Time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.

B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with Article 42 “Changes and Extra Work” has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the procedures contained in Article 42, Changes and Extra Work, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

C. Supporting Documentation. The Contractor shall submit all claims in the following format:

1. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

2. List of documents relating to claim:

Specifications

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Draw
ings
Clarifications (Requests for Information)
Schedules
Other

3. Chronology of events and correspondence

4. Analysis of claim merit

5. Analysis of claim cost

6. Time Impact Analysis in CPM format
D. City’s Response. Upon receipt of a claim pursuant to this Article, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 Days after the City issues its written statement.

1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three Days following the next duly publicly noticed meeting of the City’s governing body after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

2. Within 30 Days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 Days (if the claim is less than $15,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

E. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

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F. Mediati
on. Within 10 business Days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business Days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

2. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

G. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.

H. Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:

1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator,

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shall
be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

I. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

J. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.

ARTICLE 47 CITY’S RIGHT TO TERMINATE CONTRACT
A. Termination for Cause by the City:

1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its Surety of the City's intention to terminate this Contract. This notice of intent to terminate

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shall
contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) calendar days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations.

2. In the event that the City serves such written notice of termination upon the Contractor and the Surety, the Surety shall have the right to take over and perform the Contract. If the Surety does not: (1) give the City written notice of Surety's intention to take over and commence performance of the Contract within 15 calendar days of the City's service of said notice of intent to terminate upon Surety; and (2) actually commence performance of the Contract within 30 calendar days of the City's service of said notice upon Surety; then the City may take over the Work and prosecute the same to completion by separate contract or by any other method it may deem advisable for the account and at the expense of the Contractor.

3. In the event that the City elects to obtain an alternative performance of the Contract as specified above: (1) the City may, without liability for so doing, take possession of and utilize in completion of the Work such materials, appliances, plants and other property belonging to the Contractor that are on the site and reasonably necessary for such completion (A special lien to secure the claims of the City in the event of such suspension is hereby created against any property of Contractor taken into the possession of the City under the terms hereof and such lien may be enforced by sale of such property under the direction of the City Council without notice to Contractor.

The proceeds of the sale after deducting all expenses thereof and connected therewith shall be credited to Contractor. If the net credits shall be in excess of the claims of the City against Contractor, the balance will be paid to Contractor or Contractor’s legal representatives.); and (2) Surety shall be liable to the City for any cost or other damage to the City necessitated by the City securing an alternate performance pursuant to this Article.

B. Termination for Convenience by the City:

1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, if the City determines that a termination is in the City's interest.

2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the Effective Date of such termination.

3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.

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b. Compl
ete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated.
e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
f. Submit to the City's Representative, within ten (10) calendar days from the Effective Date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to
substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the Effective Date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.”

4. Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed.

5. In the event that the City exercises its right to terminate this Contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the Contract Documents, the following amounts:
a. All actual reimbursable costs incurred according to the provisions of this Contract.
b. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the City's Representative that it is reasonably probable that Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.

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c. A reaso
nable allowance for Contractor's administrative costs in determining the amount payable due to termination of the Contract under this Article.

C. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

ARTICLE 48 WARRANTY AND GUARANTEE OF WORK
A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.

B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected.

Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) calendar days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand.

C. In addition to the warranty set forth in this Article, Contractor shall obtain for City all warranties that would be given in normal commercial practice and assign to City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City as required.

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D.

When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.

F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) calendar days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.

H. Acceptance of Defective Work.

1. If, instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such Defective Work and for the diminished value of the Work.

2. If any acceptance of defective work occurs prior to release of the Project Retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by City.

3. If the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City.

4. If the acceptance of Defective Work occurs after release of the Project Retention, an appropriate amount will be paid by Contractor to City.

I. City May Correct Defective Work.

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1. If
Contractor fails within a reasonable time after written notice from City’s Representative to correct Defective Work, or to remove and replace rejected Work as required by City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) Days’ written notice to Contractor, correct, or remedy any such deficiency.

2. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City and City’s Representative, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable City to exercise the rights and remedies to correct the Defective Work.

3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions into the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price.

4. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Defective Work.

5. If the Change Order is executed after all payments under the Contract have been paid by City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City.

6. If the Change Order is executed after release of the Project Retention, an appropriate amount will be paid by Contractor to City.

7. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to City correcting Defective work.

J. Nothing in the Warranty or in the Contract Documents shall be construed to limit the rights and remedies available to City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.

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ART
ICLE 49 DOCUMENT RETENTION & EXAMINATION
A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.

B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City.

C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.

ARTICLE 50 SEPARATE CONTRACTS
A. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.

B. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.

C. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.

ARTICLE 51 NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever

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is
earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 52 NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract. The City is entitled to recover reasonable costs incurred in providing such notification.

ARTICLE 53 STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

ARTICLE 54 INTEGRATION
A. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

B. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of the City and Contractor.

ARTICLE 55 ASSIGNMENT OF CONTRACT
Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void.

Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

ARTICLE 56 CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect City’s rights under the Contract, including but not limited to the bonds.

ARTICLE 57 ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Public Contract Code section 7103.5, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all

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causes
of action it may have under Section 4 of the Clayton Act (15 USC, Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this contract or any subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.

ARTICLE 58 PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

ARTICLE 59 CONTROLLING LAW
Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.

ARTICLE 60 JURISDICTION; VENUE
Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of Santa Clara County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.

ARTICLE 61 LAWS AND REGULATIONS
A. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Contractor observes that drawings and specifications are at variance therewith, it shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, it shall bear all costs arising therefrom.

B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations.

ARTICLE 62 PATENTS
Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this contract.

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ART
ICLE 63 OWNERSHIP OF CONTRACT DOCUMENTS
All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the City on request at completion of the Work.

ARTICLE 64 NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.

ARTICLE 65 SURVIVAL OF OBLIGATIONS
All reresentations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

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1.1 Engi
neer of Record.

A For
purposes of this Project, the Engineer of Record or Engineer shall be:

1. Landscape Architect: Marie Mai; Callander Associates

2. Civil Engineer: Eric Biland; Freyer & Laureta, Inc.

3. Surveyor: Normann Bumatay; Sandis

4. Geotechnical Engineer: Jeanine Ruffoni; Engeo

5. Structural Engineer: Greg Richards; RW Consulting Engineers, Inc.

1.2 Location of the Project.

A The
general location of the Project is shown on Sheet No. L0.0 of the drawing set.

1.3 Status of the Project Area and Rights-of-Way.

A City
, at its expense, will provide all rights-of-way or permits, or both, covering the crossing of private property and public and private rights-of-way necessary for the permanent Work; provided, however, Contractor shall, at its expense, obtain any bonds or insurance policies or pay any fees and enter into any agreements required by a controlling authority, e.g., Caltrans or Southern Pacific Railroad Company, before Contractor enters upon any property or right-of-way under the jurisdiction of any such controlling authority for the purpose of performing Work.

B City has acquired or is negotiating to acquire any rights-of-way, or both, necessary for the permanent Work.

C If such permits are required, all operations of Contractor shall conform to the restrictions, regulations, and requirements set forth in said permits, copies of which will be included in the Contract Documents.

D Contractor may be required, as a condition for receiving final payment, to obtain, and provide City’s Representative with copies of, executed damage releases from the owners of public and private property whose property has been damaged by the Work. The damage releases will be on a form provided by City.

E Contractor shall, also, as a condition for receiving final payment, obtain, and provide City’s Representative with copies of, executed damage releases from the owners of certain public and private property or areas which have been crossed by the Work or otherwise affected by the Work. The damage releases will be on a form provided by City.

1.4 Site Data.

A Techn
ical Specifications - Attachments: Sinnnott Park Playground Geotechnical Exploration (December 2, 2025)

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B Technical Specifications – Attachments: Sinnott Park Playground Equipment Anchorage (December 5, 2025)

1.5 Pre-Purchased or Pre-Negotiated Material.
[NOT USED.]

1.6 Designation of City’s Representative.

A Unless otherwise modified by City, City’s Representative shall be Michael Silveira, P.E., City Engineer.

1.7 Project Retention
In accordance with Public Contract Code § 7201, City will withhold 5% of each progress payment as retention on the Project.

1.8 Liquidated Damages Due to Contractor Delay.

A Time is of the essence. Should Contractor fail to complete all or any part of the Work within the time specified in the Contract Documents, City will suffer damage, the amount of which is difficult, if not impossible, to ascertain and, pursuant to the authority of Government Code section 53069.85, City shall therefore be entitled to $4,200 per Day as liquidated damages for each Day or part thereof that actual completion extends beyond the time specified.

B Liquidated damages may be deducted from progress payments due to Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent City, in case of Contractor's default, from terminating the Contractor.

1.9 Utility Outages – Notices to Residents.

A Should Contractor’s operations require interruption of any utility service, Contractor shall notify City at least ten (10) Days prior to the scheduled outage.

Contractor will notify all impacted residents on a form provided by City at least seven (7) Days prior to the scheduled outage.

B Contractor shall be responsible for providing, at its cost, any temporary utility or facilities necessitated by the utility outage.

1.10 Site Constraints.

A The park entrances are located within residential area with limited street parking, and the available staging area will be limited. At the City’s discretion, the contractor may be allowed to use a portion of the street parking for staging purposes.

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1.11 Safet
y Programs.

A In ad
dition to all other safety requirements of the Contract Documents, Contractor must comply with Cal/OSHA requirements at all times during the completion of the Work.

B City has considered these Safety Programs when determining the Contract Times and no additional time or compensation will be added to the Contract due to these Programs.

1.12 Coordination with Other Contractors.

A In ad
dition to the Contract requirements relating to other work at the Site, City anticipates that other contractors will be performing work within the Site.

Specifically:
 City Public Works Staff
B City has considered these other contractors when determining the Contract Times and no additional time or compensation will be added to the Contract due to these other contractors.

END OF S

PECIAL CONDITIONS

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01 0
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PART 1

GENERAL

0. DESCRIPTION
A. The project generally includes, but is not limited to the following: demolition, grading and drainage, planting, irrigation, fencing, play equipment, play area safety surfacing (rubber surfacing), decomposed granite pavement, site furnishings, and other miscellaneous work in accordance with these plans and specifications.

PART 2 (NOT USED)
PART 3 EXECUTION

0. LAYOUT OF WORK AND QUANTITY SURVEYS
A. General. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed.

City and/or the Engineer of Record has established primary control to be used by the Contractor for establishing lines and grades required for the Work.

Primary control consists of benchmarks and horizontal control points in the vicinity of the Work.A listing and identification of the primary control is provided on the Drawings. Before beginning any layout work or construction activity, the Contractor shall check and verify primary control, and shall advise the City Representative of any discrepancies.

B. Quantity surveys. The Contractor shall perform such surveys and computations as are necessary to determine quantities of Work performed or placed during each progress payment period, and shall perform all surveys necessary for the City Representative to determine final quantities of Work in place.The City Representative will determine final quantities based upon the survey data provided by the Contractor, and the design lines and grades.If requested by the City Representative, the Contractor shall provide an electronic copy of data used for quantity computations.

All surveys performed for measurement of final quantities of Work and material shall be subject to approval of City’s Representative. Unless waived by City’s Representative in each specific case, quantity surveys made by the Contractor shall be made in the presence of City’s Representative.

C. Surveying

1. Accuracy. Degree of accuracy shall be an order high enough to satisfy tolerances specified for the Work and the following:
(a) Right-of-way and alignment of tangents and curves shall be within

0.1 foot.

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(b) Structure
points shall be set within 0.01 foot, except where
operational function of the special features or installation of metalwork and equipment require closer tolerances. When formwork has been placed and is ready for concrete, the Contractor shall check the formwork for conformance with the drawings and to ensure that the forms are sufficiently within the tolerance limits for the completed work.
(c) Cross-section points shall be located within 0.1 foot, horizontally and vertically.
(d) Aerial Mapping shall meet National Mapping Standards for 2- foot contour intervals.

D. Records. Survey data shall be recorded in accordance with recognized professional surveying standards. Original field notes, computations, and other surveying data shall be recorded on electronic data collectors or in standard field books and must be of sufficient quality to enable the Contractor to prepare accurate record drawings as required by the Contract Documents.

E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required for surveys for the layout of work and quantity surveys shall be included in the Schedule of Pay Items for items of work requiring the surveys. No additional compensation shall be made to the Contractor for this Work.

1. SCHEDULE
A. Estimated Schedule. Within 21 Days after the issuance of the Notice of Award, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.

B. Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities.

The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion. The overall Project Schedule duration shall be within the Contract time.

C. Weather Allowance. The schedule shall allow adequate time for inclement weather.

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D.

Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Engineer monthly when requested to do so by Engineer. Contractor shall also submit schedules showing a three week detailed look-ahead at bi-weekly meetings conducted with the City. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

2. TEMPORARY FIELD OFFICE
A. Utility Services. Contractor, at its expense, shall arrange for, develop and maintain all
utilities, including but not limited to water, electric power, sewage disposal and telephone communications, at the Site to meet the requirements of the Work.

B. Sanitation. The Contractor shall provide sanitary facilities for all persons working on
the project. These facilities shall be kept clean and shall not be unsightly or produce odors.

3. PROTECTION OF WORK AND PROPERTY
A. All traffic detector loops, fences, walls, culverts, monuments, or other obstructions (except property line monuments within five (5) feet of the centerline of the mains) which are removed, damaged, or destroyed in the course of the Work, shall be replaced or repaired to the original condition at no additional cost to City.

Contractor shall be responsible for the cost to repair, replace, relocate, and replacement of utilities whether or not those obstructions have been shown on the Plans, unless otherwise stated herein. It is then the Contractor’s responsibility to employ at its expense a Licensed Land Surveyor to restore all property line monuments located more than five (5) feet from the centerline of the mains, which are destroyed or obliterated. Property line monuments located within five (5) feet of the centerline of the mains will be replaced by the City at no expense to the Contractor, provided the City is notified at least 48 hours before the property line monuments are damaged.

B. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

C. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall:

1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.

2. Provide substantial barricades around any shrubs or trees indicated to be preserved.

3. Deliver materials to the Project site over a route designated by the Engineer.

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4. Provid
e any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.

5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.

6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City.

7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City.

8. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way.

9. At the completion of work each day, leave the Project site in a clean, safe condition.

10. Comply with any approved stage construction and traffic control plans.

Access to residences and businesses shall be maintained at all times, unless otherwise permitted in writing by the City.

11. Cover and or protect work and project site as may be required to prevent or mitigate schedule delay and to allow work to proceed during wet weather or wet conditions.

D. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefore.

E. Should damage to persons or property occur as a result of the Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired.

The City shall be entitled to inspect and copy any such documentation, video, or photographs.

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4. SITE COND

ITIONS SURVEYS
A. Work Included.

Contractor shall conduct thorough pre-construction and post-construction site condition surveys of the entire project area. Site Conditions surveys shall include written documentation of the conditions found, as well as photographs and video recordings of the area within at least 80 feet of any construction area and staging area. The written notes, photographs, and video shall be suitable for forensic purposes to resolve any damage claims that may arise as a result of construction.

B. Submittals.

1. Written documentation of site condition survey at pre-construction and post-construction.

2. Photographs as described herein of pre-construction and post-construction conditions.

3. Video recordings as described herein of pre-construction and post- construction conditions.

4. Submittals shall be made within three days of the surveys. All post- construction data shall be submitted prior to the final project inspection.

C. Site Condition Written Documentation.

Written documentation shall include the time, date, and conditions under which the site survey was made. The documentation shall note the condition of structures, pavement, sidewalks, utilities, fences, and etc. within the work areas.

D. Photographs & Video Recording.

1. General – Prior to starting Work, Contractor shall provide a video recording of the project site. Contract shall take enough photographs during each site survey to provide a record of conditions existing prior to construction and conditions after construction. Pre-construction video and photographs shall be taken prior to any construction or mobilization of equipment, but not more that one week prior to actual start of work. The pre-construction photographs may be staged at different times to match the progression of the Work.

2. The photographs shall document existing damage to public and private facilities, both prior to and after construction. Conditions to be documented include, but are not limited to: sidewalk cracks, broken curbs, separated property walls, improvements within public right-of-ways, access roads used, utility covers and markings, signs, pavement striping, pavement, unique or unusual conditions, adjacent driveways, landscaping, survey markers, and any feature directed by the Engineer. Private property that is adjacent to the public right-of-way shall be documented to the extent visible from the public right-of-way.

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3. Photograp
hs shall include items to indicate scale, as needed. In particular, scales or other items shall be laid next to close ups of structural cracks and other damaged areas being recorded. Scaling shall also be used to document elevation differences, as needed.

4. One set of color prints and the preconstruction site video shall be submitted. Additional sets shall be available for reviewing in settling any construction disputes. A set of photos shall also be furnished in electronic format. The resolution shall be at least equal to 7 mega-pixels. All photos shall be documented as to time and date taken, photographer, project number, location, and orientation. Documentation shall include a brief description of objects photographed.

E. Video Recording.

1. Video recordings shall document the conditions of the entire area affected by construction, as well as nearby structures and facilities. The general documentation requirements for videos are the same as for photographs.

Video recorders shall accurately and continuously record the time and date.

2. Video recordings shall include an audio portion made simultaneously during the videoing. The audio recording shall describe the location, time, orientation, and objects being recorded. Special commentary shall be provided for unusual conditions or damage noted.

3. Video equipment shall be capable of producing high resolution images and shall have zoom capabilities.

4. Video recordings shall provide an overall picture of the sites and shall provide detailed images of damaged areas. Video shall extend to the maximum height of structures.

5. The Engineer shall have the right to reject any audio video recordings submitted with unintelligible audio, uncontrolled pan or zoom, or of poor quality. Video recordings shall be repeated when rejected.

6. Video recordings shall be submitted with labels indicating the project, date, recorder, and other pertinent information. Recordings shall be submitted on standard DVDs in a standard format.

F. Timing.

Contractor shall provide written notice of the time scheduled for the site conditions survey and the place it is to begin. Contractor shall obtain the Engineer’s concurrence prior to beginning the condition survey. The Engineer reserves the right to cancel the survey due to weather conditions or other problems. Videoing shall be done during times of good visibility and no videoing or photography shall be done during periods of visible precipitation or when standing water obscures pavement. Contractor shall provide the Engineer with an opportunity to have a representative present when taking the photos and provide guidance during photographing.

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G. Site
Surveyor.

The site condition surveyor(s) shall be experienced in construction and potential damage concerns. The site condition surveyor(s) shall be familiar with the photography and video equipment being used.

H. Field Quality Control.

Prior to submitting videos and photographs, the Contractor shall spot check the photos and videos in the field to insure they accurately reflect the actual conditions and to insure they are correctly labeled.

I. Soils Compaction Testing.

1. All soils compaction testing will be done by a licensed geotechnical engineer furnished by the City. Soils compaction testing will be done for all footings and foundations prior to placement of rebar or concrete.

2. For pipeline construction, soil compaction testing will be done at 100-foot intervals or as ordered by the project soils/geotechnical report at the bottom of the trench prior to placement of pipe bedding; at the top of the pipe bedding above the pipe; every two vertical feet of trench backfill or as otherwise ordered by the project soils/geotechnical report; at the top of the trench backfill, which sould be the bottom of the pavement section; and at the top of the aggregate base prior to pavement construction.

5. SUBMITTAL REQUIREMENTS FOR MANUALS AND RECORD DRAWINGS A. General. The Contractor shall furnish all materials and perform all Work required for furnishing submittals to City in accordance with Contract Documents.The Contractor shall submit Project Record Drawings, Technical Manual, Spare Parts, and other required items within 5 days following completion of project construction, and prior to Contractors request for Project Acceptance.

B. Technical Manuals.

1. The Contractor shall submit technical operation and maintenance information for each item of mechanical, electrical and instrumentation equipment in an organized manner in the Technical Manual. It shall be written so that it can be used and understood by City’s operation and maintenance staff.

2. The Technical Manual shall be subdivided first by specification section number; second, by equipment item; and last, by "Category." The Contractor shall furnish to City four (4) identical Technical Manuals. Each set shall consist of one or more volumes, each of which shall be bound in a standard binder.

C. Spare Parts List. The Contractor shall furnish to City six (6) identical sets of spare parts information for all mechanical, electrical, and instrumentation equipment.

The spare parts list shall include the current list price of each spare part. The spare

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part
s list shall include those spare parts which each manufacturer recommends be maintained by City in inventory. Each manufacturer or supplier shall indicate the name, address, and telephone number of its nearest outlet of spare parts to assist City in ordering. The Contractor shall cross-reference all spare parts lists to the equipment numbers designated in the Contract Documents. The spare parts lists shall be bound in standard size, 3-ring binder.

D. Record Drawings

1. The Contractor shall maintain one record set of Drawings at the Site. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Drawings.

Said record drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed.

These master record drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date.

2. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations.

3. Record drawings shall be accessible to City’s Representative at all times during the construction period. The record drawings shall be kept up to date and will be checked by the City prior to each progress payment.

Failure on the Contractor’s part to keep record drawings current could result in withholding partial payment.

4. Upon Completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to City’s Representative. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.

E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Manuals and Record Drawings shall be included in Contractor’s bid and distributed in the Schedule of Pay. No additional compensation shall be made to the Contractor for this Work.

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6. MATER
IALS
A. Materials to be Furnished by the Contractor

1. Inspection of Materials. Materials furnished by the Contractor which will become a part of the Project shall be subject to inspection at any one or more of the following locations, as determined by City’s Representative: at the place of production or manufacture, at the shipping point, or at the site of the Work. To allow sufficient time to provide for inspection, the Contractor shall submit to City’s Representative, at the time of issuance, copies of purchase orders or other written instrument confirming procurement of the materials, including drawings and other pertinent information, covering materials on which inspection will be made.

2. No later than fourteen (14) Days prior to manufacture of material, Contractor shall inform City’s Representative, in writing, the date the material is to be manufactured.

3. Contractors Obligations. The inspection of materials at any of the locations specified above or the waiving of the inspection thereof shall not impact whether the materials and equipment conform to the Contract Documents.

Contractor will not be relieved from furnishing materials meeting the requirements of the Contract Documents due to City’s inspection or lack of inspection of the equipment or materials. Acceptance of any materials will be made only after materials are installed in the Project.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to accommodate City’s testing efforts, including any travel required by Contractor’s forces, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items related to the materials requiring testing. No additional compensation shall be made to the Contractor for this Work.

7. LOCAL CONDITIONS AND REQUIREMENTS
A. Access to Work and Haul Routes

1. General. All work on the rights-of-way necessary for access to the Site shall be performed by the Contractor. Contractors anticipated Haul Routes shall be in compliance with the City's approved Truck Routes available from the Engineer.

2. Access, Damage, Restoration. The Contractor shall make his own investigation of the condition of available public or private roads and of clearances, restrictions, bridge-load limits, permit or bond requirements, and other limitations that affect or may affect transportation and ingress or egress at the Site.

3. The Contractor shall maintain and repair any damage arising out of Contractor’s operations to all roads used during construction of the Project, and upon completion of all Work, but prior to final acceptance, the roads

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shall
be restored to their original condition. Prior to using any road for access to the Site, the Contractor shall conduct a photograph and/or video survey of the roadway with a copy submitted to City’s Representative.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

B. Power. Contractor shall provide at its own expense all necessary power required for operations under the contract. The Contractor shall provide and maintain in good order such modern equipment and installations as shall be adequate in the opinion of the Engineer to perform in a safe and satisfactory manner the Work required by the contract.

C. Construction Water.

1. Construction water shall not be used for purposes other than those required to satisfactorily complete the contract.

2. Construction recycled water will be made available to the contractor from one of three fill locations within the city limits. If there is a need for construction recycled water during construction, the contractor shall apply for a city construction recycled water meter at the city hall finance counter prior to the beginning of work. A security deposit of $2,000 is required for the construction water meter from which the meter rental fee and cost of water will be deducted. If the rental fee and the water costs exceed the $2,000.00 deposited, an invoice will be issued to the contractor for payment.

3. Construction potable water will only be made available to the contractor if it can be demonstrated that recycled water cannot be used for the construction activities. potable water will be made available from existing city fire hydrant(s) nearest the proposed construction site as approved by the engineer, or by such other means as may be expressly approved in writing by the engineer. If there is a need for water during construction, the contractor shall apply for a city construction water meter at the city hall finance counter prior to the beginning of work. a security deposit of $2,000 is required for the construction water meter from which the meter rental fee and cost of water will be deducted. If the rental fee and the water costs exceed the $2,000.00 deposited, an invoice will be issued to the contractor for payment.

4. All required water, all work and materials required for obtaining, pumping, transporting and applying and otherwise disposing of said water shall be in an approved manner and shall be performed by, and at the expense of the contractor and no extra or separate compensation will be made thereof.

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D.

Operation of Existing Water Facilities

1. The Contractor shall not operate any of the existing water systems, including pumps, motors, valves, and hydrants, but shall contact the City two (2) working days in advance with a list and location of the water system facilities that will require operating, opening, stopping, or closure by the City.

2. At the option of the Engineer, the Contractor may be permitted to operate valves for the purpose of making connections to existing mains. The City will perform all notification to existing customers regarding temporary loss of service.

3. Contractor shall submit a request on City’s standard form for any shut-down of existing water facilities.

E. Construction at Existing Utilities

1. General. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities.

2. Permission, Notice and Liability. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner.

The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities.

3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

F. Traffic Control

1. General. Contractor shall abide by traffic control plans approved by the City.

2. Protections. Roads subject to interference by the Work shall be kept open or suitable temporary passages through the Work shall be provided and maintained by the Contractor. The Contractor shall provide, erect, and

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maintai
n all necessary barricades, suitable and sufficient flasher lights, flag persons, danger signals, and signs, and shall take all necessary precautions for the protection of the Work and the safety of the public. No construction work along public or private roads may proceed until the Contractor has proper barricades, flasher lights, flag persons, signals, and signs in place at the construction site.

3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

G. Cleaning Up

1. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Contractor shall also clean all asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment, including all USA markings. The use of water, resulting in mud on streets, will not be permitted as substitute for sweeping or other methods. Dust control may require having a water truck onsite for the duration of the project, and/or use of temporary hoses and pipelines to convey water.

2. Contractor shall fully clean up the site at the completion of the Work. If the Contractor fails to immediately clean up at the completion of the Work, the City may do so and the cost of such clean up shall be charged back to the Contractor.

8. ENVIRONMENTAL QUALITY PROTECTION
A. Environmental Conditions

1. Contractor must comply with all applicable environmental laws, Project conditions, and constraints.

2. City has considered these Environmental Conditions when determining the Contract Times and no additional time or compensation will be added to the Contract due to these Conditions.

B. Landscape and Vegetation Preservation

1. General. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work.

2. Damage and Restoration. Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours.

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3. Upo
n completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items.

No additional compensation shall be made to the Contractor for this Work.

C. Protected Species

1. General. If, in the performance of the Work, evidence of the possible occurrence of any State or Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within 2 Days.

2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal.

If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents.

3. False Siting. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

D. Preservation of Historical and Archeological Resources

1. General. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor notify the
Construction/Archeological Monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the Construction/Archeological Monitor and/or City within 2 Days.

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2. Proced
ures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource.

If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the Construction/Archeological Monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents.

3. Cont
ractor’s Liabil
ity. Should Contractor, without permission, injure, destroy, excavate, appr
opriate, or remove any cultural
resource on or adjacent to the
Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

E. Dust and Pollution Control

1. Contractor shall provide all necessary material, equipment and labor to prevent and control the emission of dust and any other potential pollutant on site. Contractor shall remove construction caused debris from streets and sidewalks as directed by the Engineer.

2. Contractor shall not discharge into the atmosphere from any source smoke, dust or other air contaminants in violation of the law, rules, and regulations of the governing agency.

3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

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F. Manage
ment of Storm, Surface and Other Waters

1. Storm water, surface water, groundwater, and nuisance, or other waters may be encountered at various times during construction of the Project.

Federal and State laws require the City and its contractors to manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act.

Contractor acknowledges that it has investigated the risk arising from such waters in conjunction with the Project, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

2. The Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to the San Francisco Bay Regional Water Quality Control Board Order No. R2-2015- 0049 (NPDES Permit No. CAS 612008), and State Water Resources Control Board Order No. 2010-0014-DWQ, Order No. 2009-0009-DWQ, and Order No. 2012-0006-DWQ, and any amendment or renewal thereof (“Construction General Permit”). Contractor must perform all construction operations in such a manner as to comply, and ensure all subcontractors to comply, with all applicable Federal, State, and local laws, orders, and regulations concerning the control and abatement of water pollution; and all terms and conditions of any applicable permits issued for the Project. In the event there is a conflict between Federal, State, and local laws, regulations, and requirements, the most stringent shall apply.

3. Compliance with Construction General Permit. Contractor must comply with all aspects of the Construction General Permit, State Water Resources Control Board (State Board) Water Quality Order No. 2009-0009-DWQ, as amended by Order Nos. 2010-0014-DWQ and 2012-0006-DWQ, and any amendment or renewal thereof (NPDES CAS000002), for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common plan of development or sale. (a) Permit registration. Unless otherwise specified in the Special Conditions, Contractor must prepare the Notice of Intet for coverage under the Construction General Permit and all Permit Registration Documents (PRDs), including but not limited to the Storm Water Pollution Prevention Plan (SWPPP), as those terms are defined in the Construction General Permit. Contractor must coordinate submittal of all PRDs with th eCity’s Legally Responsible Person and/or Authorized Signatory, as those terms are defined in the Construction General Permit. The Contractor must submit the PRDs, including the SWPPP to the City Representative for review

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not
less than fifteen (15) Days prior to the start of on- site construction work. City will file the Notice of Intent and PRDs and pay the filing fee.
(b) Before any Construction General Permit related documents may be submitted to the State Board or implemented on the Project site, they must first be reviewed and accepted by City. Acceptance by the City does not relieve the Contractor from ensuring such documents comply with all lawsapplicable laws, regulations, and orders.
(c) Contractor must ensure that the SWPPP is developed by a Qualified SWPPP Developer and implemented by a Qualified SWPPP Practitioner as those terms are defined in the Permit.

Contractor must implement the SWPPP and all other provisions of the Construction General Permit, including the monitoring and reporting requirements, preparing and submitting all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. The SWPPP must include industry standard requirements for water quality control including but not be limited to the following:
(1) Sediment and erosion control measures to manage
sediment and erosion including vegetative practices,
structural control, silt fences, straw dikes, sediment controls or operator controls as appropriate.Storm water
management measures shall be instituted as required,
including velocity dissipaters, and solid waste controls shall address controls for building materials and offsite tracking of sediment.
(2) Wastewater and storm water management controls to divert offsite surface flows around the Project site and to divert surface flows within the Project area away from areas of open earth or stockpiles of building and other materials.

Wastewater from general construction activities, such as drain water collection, aggregate processing, concrete
batching, drilling, grouting, or other construction operations, shall not enter flowing or dry watercourses without having met the authorized non-storm water discharge requirements listed in State Board Water Quality Order No. 2009-0009- DWQ, Section III.C., including proper notification to the Regional Water Board.
(3) Pollution prevention measures including methods of
dewatering, unwatering, excavating, or stockpiling earth and rock materials which include prevention measures to control silting and erosion, and which will intercept and settle any runoff of sediment-laden waters.

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(4) Turbid
ity prevention measures for prevention of excess
turbidity including, but are not restricted to, intercepting ditches, settling ponds, gravel filter entrapment dikes, flocculating processes, recirculation, combinations thereof, or other approved methods that are not harmful to aquatic life. All such wastewaters discharged into surface waters, shall contain the least concentration of settleable material possible, and shall meet all conditions of section 402, the National Pollutant Discharge Elimination System (NPDES) permit.
(5) Overall construction site management measures to address changes at the Project site as the Project moves through different phases and changes that account for rainy and dry season management practices.
(6) Pollution control measures and construction activity methods that will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, or other pollutants or wastes, into streams, flowing or dry watercourses, lakes, wetlands, reservoirs, or underground water sources. Such pollutants and wastes include, but are not restricted to:
refuse, garbage, cement, sanitary waste, industrial waste, hazardous materials, radioactive substances, oil and other petroleum products, aggregate processing, tailings, mineral salts, and thermal pollution.
(7) Control measures for stockpiled or deposited materials prohibiting the stockpile or deposit of excavated materials, or other construction materials, near or on stream banks, lake shorelines, or other watercourse perimeters where they can be washed away by high water or storm runoff, or can, in any way, encroach upon the watercourse.
(8) Develop and implement a Rain Event Action Plan (REAP), if required, that must be designed and implemented to
protect all exposed portions of the site 48 hours prior to any likely precipitation event.
(9) Monitoring, reporting and record keeping, as necessary to achieve compliance with applicable Permit requirements, including but not limited to annual reports and rain event reports.
(d) City retains the right to procure and maintain coverage under the Construction General Permit for the Project site if the Contractor fails to draft a SWPPP or other Construction General Permit related document, or fails to proceed in a manner that is satisfactory to City.

City reserves the right to implement its own SWPPP at the Project site, and hire additional contractors to maintain compliance.

Whether Contractor has adequately maintained compliance with

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the Cons
truction General Permit shall be City’s sole determination.

In the event that Contractor has failed or is unable to maintain compliance with the Construction General Permit, any costs or fines incurred by City in implementing a SWPPP, or otherwise
maintaining compliance with the Construction General Permit shall be paid by the Contractor.

4. For those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing construction industry best management practices to eliminate or reduce the discharge of pollutants from construction sites, such as the best management practices set forth in the CASQA Construction BMP Handbook.

5. In addition to compliance with the Permit, Contractor shall comply with the lawful requirements of any applicable municipality, district, drainage district, flood control district, and other local agencies regarding discharges of storm water, surface water, groundwater or other nuisance waters off of the Project site.

6. Contractor violations.
(a) Failure to implement the SWPPP or otherwise comply with the Construction General Permit or local state and federal laws is a violation of this Contract. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify, defend – with counsel acceptable to the City – and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(b) City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy.

Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any enforcement action and/or settlement reached between the City and any relevant enforcement entity.
(c) City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the the laws, regulations and policies described in this Article, or any other relevant water quality law, regulation, order, or policy.

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(d) If noncom
pliance with any relevant law, regulation or permit, order, or policy occurs, the Contractor shall report this to the City Representative immediately, with the specific information submitted in writing within 2 Days. Consistent violations of applicable Federal, State, or local laws, orders, regulations, or Water Quality Standards may result in City stopping all site activity until compliance is ensured. The Contractor shall not be entitled to any change in Contract Price or Contract Times, claim for damage, or additional compensation by reason of such a work stoppage. Corrective measures required to bring activities into compliance shall be at the Contractor's expense.

7. Oil storage tanks management.
(a) Storage tank placement. All oil or other petroleum product (hereinafter referred to collectively as oil) storage tanks shall be placed at least 20 feet from streams, flowing or dry watercourses, lakes, wetlands, reservoirs, and any other water source. (b) Storage area dikes. Storage areas shall be diked at least 12 inches high or graded and sloped to permit safe containment of leaks and spills equal to the capacity of all tanks and/or containers located within each area, plus a sufficient amount of freeboard to contain the 25-year rainstorm.
(c) Diked area barriers. Diked areas shall have an impermeable barrier at least 10 mils thick. Areas used for refueling operations shall have an impermeable liner at least 10 mils thick buried under 2 to 4 inches of soil.
(d) Spill Prevention Control and Countermeasure Plan (SPCC). Where the location of a construction site is such that oil from an accidental spillage could reasonably be expected to enter into or upon the navigable waters of the United States or adjoining shorelines, and the aggregate storage of oil at the site is over 1,320 gallons or a single container has a capacity in excess of 660 gallons, the Contractor shall prepare an SPCC Plan. The Contractor shall submit the SPCC Plan to the Engineer at least 30 days prior to delivery or storage of oil at the site. The Plan must have been reviewed and certified by a registered professional engineer in accordance with 40 C.F.R., part 112

8. Underground tank prohibition. The Contractor shall not use underground storage tanks.

9. Construction safety standards. The Contractor shall comply with the sanitation and potable water requirements of Section 7 of United States Bureau of Reclamation's publication “Reclamation Safety And Health Standards.”

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10. Other Permits.
(a) Other permits applicable to the Project are listed in the Special Conditions. The Contractor shall obtain all other necessary licenses and permits.
(b) Monitoring. The Contractor is required to conduct monitoring in order to meet the requirements of the permits, which may include sampling, testing and inspections.
(c) Recordkeeping. The Contractor shall retain all records and data required by the permits for the time specified in the contract.

11. Cost. Except as specified herein, the cost of complying with this section shall be included in the Schedule of Pay Items for work which necessitate the water pollution prevention measures required by this paragraph.

END OF GENERAL

REQUIREMENTS

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01 2
0 00 – MEASUREMENT AND PAYMENT
PART 1
– GENERAL

1.1 SUMM
ARY
A. This section describes requirements and procedures for determining amount of work done and for obtaining payment for work done.

1.2 REFERENCES
A. California Public Contract Code

1.3 SCOPE OF WORK
A. Work under Contract Documents, or under any bid item, allowance or alternate, or Change Order shall include all labor, materials, transport, handling, storage, supervision, administration, and all other incidental work necessary for the satisfactory completion of Work, whether or not expressly specified or shown.

1.4 DETERMINATION OF QUANTITIES
A. Quantity of work to be paid for under any item for which a unit price is fixed in Contract Documents shall be the number, as determined by City, of units of work satisfactorily completed in-place, and suitable for its intended purpose free of defects or poor workmanship in accordance with Contract Documents or as directed by City. Unless otherwise provided, determination of number of units of work so completed will be based, so far as practicable, on actual measurement or count within prescribed or ordered limits, and no payment will be made for work done outside of limits. Measurements and computations will be made by methods as City may consider appropriate for class of work measured. Contractor shall immediately inform City of any disputes regarding quantity measurements and shall immediately supply City with any documentation supporting the disputed measurements.

B. Before ordering any materials or doing any work, the Contractor shall verify all measurements, dimensions, elevations and quantities. No extra charge or compensation over and above payment for the actual quantities of the various items of work at the respective bid prices therefore will be allowed on account of difference between actual measurements, dimensions, elevations and quantities, and those indicated on the drawings, or in the specifications, and any difference therein shall be submitted to the City for consideration before proceeding with the work.

1.5 SCOPE OF PAYMENT
A. Payment to Contractor at the unit price or other price fixed in the contract for Work as described in Paragraph 1.3 above shall be full compensation for completing, in

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accorda
nce with Contract Documents, all work required under the item or under Contract Documents, and for all expense incurred by Contractor for any purpose in connection with the performance and completion of said work, including all incidental work necessary for completion of the Work.

B. Unless Contract Documents expressly provide otherwise, the Contract Sum shall be deemed to include:

1. Any and all costs arising from any unforeseen difficulties, which may be encountered during, and all risks of any description connected with, prosecution of Work, bid item or unit price item, respectively, until acceptance by City;

2. All expenses incurred due to suspension, or discontinuance of Work, bid item or unit price item, respectively, as provided in Contract Documents;

3. Inflation and/or Escalation to allow for cost increases between time of Contract Award and completion of Work, bid item or unit price item, respectively.

C. Whenever it is specified herein that Contractor is to do work or furnish materials of any class for which no price is fixed in Contract Documents, it shall be understood that Contractor is to do such work or furnish such materials without extra charge or allowance or direct payment of any sort, and that cost of doing work or furnishing materials is to be included in price bid, unless it is expressly specified herein, in particular cases, that work or material is to be paid for as extra work.

D. No payment shall be made for materials or equipment not yet incorporated into the Work.

E. Where Contractor requests payment for materials and equipment not incorporated in the Work, Contractor must satisfy the following conditions:

1. The materials and/or equipment shall be delivered and suitably stored at the site or at another local location agreed to in writing, for example, a mutually acceptable warehouse;

2. Full title to the materials and/or equipment shall vest in City at the time of delivery to the site, warehouse or other storage location;

3. Contractor shall obtain a negotiable warehouse receipt, endorsed over to City for materials and/or equipment stored in an off-site warehouse. No payment shall be made until such endorsed receipts are delivered to City.

4. Stockpiled materials and/or equipment shall be available for City inspection, but City shall have no obligation to inspect them and its inspection or failure to inspect shall not relieve Contractor of any obligations under the Contract Documents. Materials and/or equipment shall be segregated and labeled or tagged to specifically identify these specific Contract Documents;

5. After delivery of materials and/or equipment, if any inherent or acquired defects are discovered, defective materials and/or equipment shall be

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removed
and replaced with suitable materials and/or equipment at Contractor’s expense;

6. At its expense, Contractor shall insure the materials and/or equipment against theft, fire, vandalism, and malicious mischief, as well as any other coverage’s required under the Contract Documents;

7. Contractor’s application for payment shall be accompanied by a bill of sale, invoice or other documentation warranting that City has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect City’s interest therein, all of which must be satisfactory to City. This documentation shall include, but not be limited to, conditional releases of mechanics’ liens and stop notices from all those providing materials and equipment as to which the application for payment relates, as well as unconditional releases of the same from the same as to the previous application for payment for which they have not already been provided.

1.6 BASIS OF PAYMENT
A. Lump Sum: When estimated quantity for specific portion of Work is not indicated and unit is designated as Lump Sum, payment will be based on the approved Schedule of Values of the work under the lump sum, or in the event a Schedule of Values is not required, on the percentage of the lump sum scope satisfactorily completed.

B. City does not expressly, or by implication, agree, warrant, or represent in any manner, that actual amount of Work will correspond with amount shown or estimated and reserves right to increase or decrease amount of any class or portion of Work, to leave out entire Bid Item or Items, or to add work not included in Bid, when in its judgment such change is in best interest of City. No change in Work shall be considered waiver of any other condition of Contract Documents.

No claim shall be made for anticipated profit, for loss of profit, for damages, or for extra payment whatever, except as otherwise expressly provided for in Contract Documents, because of any differences between amount of work actually done and estimated amount as set forth herein, or for elimination of extra Bid Items.

1.7 SCHEDULE OF VALUES AND PROGRESS PAYMENTS
A. If requested by Contractor, progress payments will be made monthly, but not more often than monthly.

B. Schedule of Values:

1. Form to be used: AIA G703 or as approved by the City

2. Within twenty-one (21) calendar days from issuance of Notice of Award and prior to the Contractor’s application for the first progress payment, Contractor shall submit a Schedule of Values, which is a detailed breakdown of its bid for Work items and/or activities, including coordination

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responsi
bilities and project record document responsibilities. Where more than one subcontractor comprises the work of a work item or activity, the Schedule of Values shall show a separate line item for each subcontract.

Contractor shall furnish such breakdown by assigning dollar values (cost estimates) to each applicable Progress Schedule network activity, whose cumulative sum equals the total Contract Sum. The format and detail of the breakdown shall be as directed by City to facilitate and clarify future progress payments to Contractor for Work under Contract Documents.

Work with lump sum values shall not exceed $10,000 per work item. Work values totaling more than $10,000 per item shall be broken down on a unit basis (e.g., linear foot, square yard, cubic yard, etc.). No line item to exceed one-half of 1% (0.5%) of contract value.

3. Contractor’s overhead, profit, financing, as well as “general conditions costs,” (e.g., site cleanup and maintenance, temporary roads and access, off site access roads, temporary power and lighting, security and the like), shall be prorated through all activities so that the sum of all the Schedule of Values line items equaling Contractor’s total Contract Sum. Insurances and Bonds shall be a separate schedule of value line item.

4. Include in each line item, the amount of Allowances specified in this section. Separately identity each Allowance and Alternate item, provide breakdown where any one item is in excess of one-half of 1% (0.5%) of contract value.

5. City will review the breakdown in conjunction with the approved progress schedule activities to ensure that the dollar amounts of the Schedule of Values are, in fact, fair market cost allocations for the Work items listed.

Upon favorable review by City, City will accept this Schedule of Values for use. City shall be the sole judges of fair market cost allocations.

6. Any attempt to unbalance the distribution of overhead, profit, and other fixed costs, or to manipulate the cost breakdown in any way, or to increase the cost of early activities, i.e. “front loading,” will be rejected by City, resulting in a complete reallocation of monies until such distortion is corrected. Repeated attempts of manipulation may result in suspension or termination of the Work or refusal to process progress payments, until such time as the Schedule of Values is acceptable to City.

C. Payment Requests

1. Form to be used: AIA G702 and G703.

2. For each item, provide a column for listing each of the following:
a. Item Number.
b. Description of work.
c. Scheduled Values.
d. Previous Applications.
e. Work in Place and Stored Materials under this Application. f. Authorized Change Orders.
g. Total Completed and Stored to Date of Application.

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h. Percentag
e of Completion.
i. Balance to Finish.
j. Retainage.

3. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.

4. On or before the twenty-fifth (25
th)
day of each month and upon receipt of
City’s approval of the updated schedule as required by Section 01 32 00, Contractor shall meet with the City Representative to measure and verify quantities of work completed which Contractor requests payment for. The Contractor shall submit to City two (2) copies of a request for payment for the cost of the Work put in-place at that time, along with one (1) copy of the City approved updated CPM schedule. Such requests for progress payments shall be based upon Schedule of Values prices of all labor and materials incorporated in the Work up until midnight of the last day of that one-month period, less the aggregate of previous payments. If Contractor is late submitting its payment request, that payment request may be processed at any time during the succeeding one-month period, resulting in processing of Contractor’s payment request being delayed for more than a day for day basis.

5. Payment requests may include, but are not necessarily limited to the following:
a. Material, equipment and labor incorporated into the Work, less any previous payments for the same.

6. With each request for payment, Contractor shall fulfill all scheduling requirements of Document 00 72 00, “General Conditions,” and Section 01 00 00 “General Requirements,” including updates and revisions. In addition, a responsible officer of Contractor shall execute and submit the following certification shown below:
“ I, ________________(print name), being the ___________________ of _______________________________ (Contractor), the undersigned Contractor, certifies that the Work covered by this request for payment (invoice) has been completed in accordance with the Contract Documents, and that the current progress payment (invoice) shown herein is accurate and now due. Contractor further certifies that all amounts have been paid by the Contractor for Work for which previous invoices for progress payments issued to and paid by the City.

The Contractor declares under penalty of perjury under the laws of the State of California, and do personally certify and attest that: I have thoroughly reviewed the attached request for payment (invoice) and know its contents, and said request for payment is made in good faith; that it is supported by truthful and accurate data; that the amount requested accurately reflects the allowable

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expen
ses incurred to perform the Work.
___________________________________________”
signature & date

7. No progress payment will be processed prior to City receiving the above certification and all requested and acceptable schedule update information.

8. With each request for payment, Contractor shall submit following as pre- requisite to its review as referenced in Document 00 72 00, “General Conditions.”:
a. Construction progress schedule, updated to current.
b. Current construction photographs, updated to current. c. Partial release of liens from major subcontractors and vendors. d. Progress project record documents, updated to current. e. Affidavits and bonds attesting to off-site stored products, if any. f. Certified payroll records.
g. Statement under False Claim Act.

9. Contractor shall submit fulfill all record document requirements of Section 01 00 00, “General Requirements,” including updates and revisions. An additional 10% of progress payment requests may be withheld in the event that the City determines that the job-site record drawings have not been kept up-to-date. Contractor also to submit the following pre-requisites for review of the Payment Application Request.

10. Each payment request shall list each Approved Change Order (See Section 00 72 13, “General Conditions”) executed prior to date of submission, including a description of the work activities.

11. Monthly progress payments shall be made based on total value of activities completed or partially completed, as determined by City with participation of Contractor, and based upon approved activity costs. Accumulated retainage will be shown as a separate item in payment summary. If Contractor fails or refuses to participate in construction progress evaluation with City, Contractor shall not receive current payment until Contractor has participated fully in providing construction progress information and schedule update information to City.

12. If required by City, Contractor shall submit substantiating data as they relate to payment requests.

D. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following:

1. Notice to Proceed

2. List of subcontractors.

3. Schedule of values.

4. Contractor's construction schedule.

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E. Progress
Payments:

1. If it is determined that the payment request is not a proper payment request suitable for payment, City shall return it to the Contractor as soon as practicable, but no later than seven (7) days after receipt, together with a document setting forth in writing the reasons why the payment request is not proper. If City determines that portions of the payment request is not proper or not due under the Contract Documents, then City may approve the other portions of the payment request, and in the case of disputed items or defective work not remedied, may withhold up to 150% of the disputed amount from the progress payment.

2. The City will mail the progress payment to the Contractor within thirty (30) days from the date of receipt of the invoice in acceptable form, including copies of certified payroll, schedule updates, and progress payment certification. The City will pay to Contractor in manner provided by law, an amount equal to ninety-five percent (95%) (i.e., five percent (5%) retention) of City’s estimate, or a lesser amount if so provided in Contract Documents, provided that payments may at any time be withheld if, in judgment of City, Work is not proceeding in accordance with Contract, or Contractor is not complying with requirements of Contract, or to comply with stop notices or to offset liquidated damages accruing or expected.

3. Before any progress payment or final payment is made, Contractor may be required to submit satisfactory evidence that Contractor is not delinquent in payments to employees, subcontractors, suppliers, or creditors for labor and materials incorporated into Work. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen.

4. City reserves and shall have the right to withhold payment for any equipment and/or specifically fabricated materials that, in the sole judgment of City, is not adequately and properly protected against weather and/or damage, prior to or following incorporation into the Work.

5. Granting of progress payment or payments by City, or receipt thereof by Contractor, shall not be understood as constituting in any sense acceptance of Work or of any portion thereof, and shall in no way lessen liability of Contractor to replace unsatisfactory work or material, though unsatisfactory character of work or material may have been apparent or detected at time payment was made.

6. When City shall charge sum of money against Contractor under any provision of Contract Documents, amount of charge shall be deducted and retained by City from amount of next succeeding progress payment or from any other payment due or that may become due Contractor under Contract.

If, on completion or termination of Contract, such payment due Contractor are found insufficient to cover City’s charges against it, City shall have right to recover balance from Contractor or Sureties.

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PART 2
– PRODUCTS

2.1 BR

EAKDOWN
The contract Lump Sum price paid for all bid items listed below shall be considered full compensation for furnishing all labor, materials, equipment, tools, and incidentals for all work involved including the removal, disposal, furnishing, and installation of any bid item listed below as specified in the Contract Documents and as directed by the City Engineer, and no separate payment shall be made.

BASE BID ITEMS

1. Mobilization/Demobilization: The contract lump sum price paid for “Mobili
zation/Demobilization” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for all work involved including, but not limited to, mobilization, demobilization, preparatory work and operations necessary for the movement of personnel, equipment, and supplies to t he project sites, erosion control, submittals, administration, final clean up as shown on the Contract Drawing and specified herein. No separate payment shall be made. The total lump sum shall not exceed 5% of the total Base Bid.

2. Site Preparation – Temporary Construction Fencing, Tree Protect
ion, and Traffic Control: The contract lump sum price paid for “
Site Preparation – Temporary Construction Fencing, Tree Protection, and Traffic Control” shall include full compensation for furnishing all labor, materials, tools, equipment and incidental for all work involved including, but not limited to, staking, flagging, placing markers, temporary construction fencing, preparation and implementation of traffic control plan, signage, flaggers, delineators, notice boards, barricades, and notification flyers as shown on the Contract Drawings and specified herein. No separate payment shall be made.

3. Storm Water Pollution Control + Erosion Control: The contract lump
sum price paid for “Storm Water Pollution Control + Erosion Control” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for all work involved including, but not limited to, preparation and maintenance of the erosion control measure, installation of storm drain inlet protection, fiber roll, construction entrance, silt fence, construction fencing, straw wattles, storm drain inlet protection, dust control, and sediment control as shown on the Contract Drawings and specified herein. No separate payment shall be made.

4. Sheeting, Shoring, and Bracing or Equivalent Method: The contr
act lump sum price paid for “Sheeting, Shoring, and Bracing or Equivalent Method” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for all work involved

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incl
uding, but not limited to, Sheeting, Shoring, Bracing, and permitting to ensure compliance with all laws and regulations as shown on the Contract Drawings and specified herein. No separate payment shall be made.

5. Demolition: The contract lump sum price paid for “Demolition” shall incl
ude full compensation for furnishing all labor, materials, tools, equipment and incidental for all work involved including, but not limited to, demolition, removal of existing play structures, sand surfacing, concrete curb, DG surface, and utilities to be replaced as shown on the Contract Drawings and specified herein. No separate payment shall be made.

6. Earthwork – Rough Grading, Fine Grading, Imported Soil: The contr
act lump sum price paid for “Earthwork – Rough Grading, Fine Grading, Imported Soil” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidental for all work involved including, but not limited to, removal and offhualing of vegetation and debris, rough grading, fine grading, hauling engineered fill, soil placement, and compaction as shown on the Contract Drawings and specified herein. No separate payment shall be made.

7. Storm Drainage Improvements: The contract lump sum price paid for “Storm
Drainage Improvements” shall include full compensation for furnishing all labor, materials, tools, equipment and incidental for all work involved including, but not limited to, sawcutting, trenching and backfilling, off-hauling, plating, installation of 4” & 6” perforated pipe and fittings, 4” & 6” solid pipe and fittings, disinfection and pressure testing, thrust blocks, anchorage, tracer wire, mastic plastic tape, corrosion protection, concrete cap, pavement restoration, setting the catch basin with pipe connections, setting and securing the junction box, running and connecting the wires through the box, cutting into the main line and connecting the cleanout pipe, sealing connections, installing the cover and testing the line as shown on the Contract Drawings and specified herein. No separate payment shall be made.

8. Resilient Rubber Surfacing over Class 2 Permeable Rock: The contr
act lump sum price paid for “Resilient Rubber Surfacing over Class 2 Permeable Rock” shall include full compensation for furnishing all labor, materials, tools, equipment and incidental for all work involved including, but not limited to, rolling and densifying class 2 permeable aggregate base, pouring and placing cushion course layer, and pouring and placing rubber surfacing wear course as shown on the Contract Drawings and specified herein. No separate payment shall be made.

9. Concrete Improvements: The contract lump sum price paid for “Concrete
Improvements” shall include full compensation for
furnishing all labor, materials, tools, equipment and incidental for all work involved including, but not limited to, saw-cutting, removing and replacing existing concrete from joint to joint, installation of aggregate

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base,
doweling into existing curb or sidewalk, compaction, forming, concrete pouring, and placement of asphalt concrete plug as shown on the Contract Drawings and specified herein. No separate payment shall be made.

10. Play Area Fence and Gate: The contract lump sum price paid for “Play
Area Fence and Gate” shall include full compensation for furnishing all labor, materials, tools, equipment and incidental for all work involved including, but not limited to, installation of playground fences and gate as shown on the Contract Drawings and specified herein. No separate payment shall be made.

11. Decomposed Granite Pavement and Headerboard: The contract lump
sum price paid for “Decomposed Granite Pavement” shall
include full compensation for furnishing all labor, materials, tools, equipment and incidental for all work involved including, but not limited to, excavating, installing aggregate base layer, compacting, laying and wetting base and DG layers, staking, laying and shaping headerboard as shown on the Contract Drawings and specified herein. No separate payment shall be made.

12. Playground Equipment: The contract lump sum price paid for “Playg
round Equipment” shall include full compensation for furnishing all labor, materials, tools, equipment and incidental for all work involved including, but not limited to, installation of the playground equipment and its footing as shown on the Contract Drawings and specified herein. No separate payment shall be made.

13. Site Furnishings: The contract unit price paid per each unit for “Site Furnis
hings” shall include full compensation for furnishing all labor, materials, tools, equipment and incidental for all work involved including, but not limited to, installation of trash receptacles, park benches and its associated concrete pad/footing as shown on the Contract Drawings and specified herein. No separate payment shall be made.

14. Irrigation System and Planting: The contract lump sum price paid for
“Irrigation System” shall include full compensation for furnishing all labor, materials, tools, equipment and incidental for all work involved including, but not limited to, sawcutting, trenching and backfilling, off- hauling, plating, installation of 2” irrigation mainline class 315 and fittings, installation of remote control valve, quick coupler valve, gate valve, disinfection and pressure testing, thrust blocks, anchorage, tracer wire, mastic plastic tape, corrosion protection, concrete cap, installation of tree bubbler, shrub spray irrigation, pavement restoration, excavation and grading to meet original grade, backfilling with clean, pulverized top soil to level of adjacent grade, planting shrubs, planting trees, placing mulch, staking, and protection as shown on the Contract Drawings and specified herein. No separate payment shall be made.

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15. 90-days Maintenance Period: The “90-days Maintenance Period” incl
udes full compensation for furnishing all labor, materials, tools, equipment and incidental for all work involved including, but not limited to, ensuring maintenance and repairing minor defects and issues at no additional cost to the City as shown on the Contract Drawings and specified herein. No separate payment shall be made.

END OF MEASU

REMENT AND PAYMENT

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TECH

NICAL SPECIFICATIONS

Technical Specifications
Sinnott Park Playground Renovation
Bid Submittal
1/9/26

TABLE OF CONTENTS
SECTION 01 57 13 STORM WATER POLLUTION PREVENTION
SECTION 02 41 13 DEMOLITION
SECTION 03 10 00 CONCRETE FORMING AND ACCESSORIES
SECTION 03 20 00 CONCRETE REINFORCING
SECTION 03 30 00 CAST IN PLACE CONCRETE
SECTION 11 68 13 PLAY EQUIPMENT
SECTION 31 22 00 EARTHWORK AND GRADING
SECTION 31 23 00 TRENCHING AND BACKFILLING
SECTION 32 01 90 LANDSCAPE MAINTENANCE
SECTION 32 01 91 TREE PROTECTION AND PRUNING
SECTION 32 13 13 SITE CONCRETE
SECTION 32 15 40 DECOMPOSED GRANITE PAVING
SECTION 32 18 16 PLAYGROUND PROTECTIVE SURFACING
SECTION 32 31 19 METAL AND HARDWARE
SECTION 32 33 00 SITE FURNISHINGS
SECTION 32 84 00 PLANTING IRRIGATION
SECTION 32 91 13 LANDSCAPE SOIL PREPARATION
SECTION 32 93 00 LANDSCAPE PLANTING
SECTION 33 40 00 SITE DRAINAGE UTILITIES

ATTACHMENTS:

GEOTECHNICAL REPORT

PLAY EQUIPMENT FOUNDATION STRUCTURAL CALCULATIONS

SIGNATURES PAGE 00 01 07
Sinnott Park Playground Renovation

SECTION 00 01 07 SIGNATURES PAGE

LANDSCAPE

ARCHITECT
Marie Mai
Callander Associates
Landscape Architecture, Inc.

License #5369, Exp. 12/27

STRUCTURAL

ENGINEER
Gregory I. Richards
RW Consulting Engineers, Inc.

License #S-4555, Exp. 12/26

S-4555
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1/12/2026
Exp. 12/31/2026

STORM WATER POLLUTION PREVENTION 01 57 13
Sinnott Park Playground Renovation

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Landscape Architecture, Inc.

SECTION 01 57 13 STORM WATER POLLUTION PREVENTION
P
ART 1 – GENERAL
(See also General Conditions, Special Conditions, and General Requirements)

1.1 SCOPE
A. Perform all storm water pollution prevention measures and furnish erosion control devices as shown on the plans and as specified herein including, but not necessarily limited to, the following:

1. Material and waste management

2. Spill prevention and control

3. Vehicle and equipment cleaning, maintenance, and fueling

4. Contractor training and awareness

5. Construction activity specific requirements

6. Temporary construction entrance

7. Storm drain inlet protection

8. Fiber rolls
B. Related work specified elsewhere:

1. Demolition – Section 02 41 13

2. Earthwork and Grading – Section 31 22 00

3. Site Drainage Utilities – Section 33 40 00

1.2 WORK INCLUDED
A. The goal of these requirements is to prevent the pollution of storm water run-off on construction projects by keeping pollution out of storm drains, reducing the exposure and discharge of materials and wastes to storm water, and by reducing erosion and sedimentation. Storm drains discharge run-off directly into creeks and other natural water bodies without treatment is NOT permitted.

1.3 GENERAL REQUIREMENTS
A. The following requirements shall be met on all projects.

1. Non-hazardous Material/Waste Management
a. Designated Areas: Identify designated areas of the project site that are suitable for material delivery, storage, and waste collection,

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and submit the proposed areas to the City’s Representative for a
pproval. To the maximum practicable extent, these areas shall be near construction entrances and away from catch basins, gutters, drainage courses and creeks.

2. Granular Material: Store granular material at least 10 feet away from catch basins and curb returns. Prevent granular material from entering storm drains or creeks. When rain is forecast within 24 hours or during wet weather, cover granular material with a tarpaulin and surround the material with sand bags.
a. Dust Control: Dust control shall be in accordance with Section 10- 5, “Dust Control” of the Department of Transportation (Caltrans), Standard Specifications (DTSS), current edition.
b. Street Sweeping: At the end of each working day, or as directed by the Inspector, clean and sweep roadways and on-site paved areas to remove materials attributed to or involved in the work. Water shall not be used to flush down streets in place of street sweeping. c. Recycling: Recycle aggregate material, asphalt concrete, and Portland Cement concrete at an approved recycling site. 1) GreenWaste Zanker Resource Recovery Facility, 675 and 705 Los Esteros Rd, San Jose, CA 95134, (408) 263-2384. 2) For additional information, contact the City of Milpitas Solid Waste Unit at (408) 586-3352.
d. Disposal: At the end of each working day, collect all scrap, debris and waste materials and dispose of such materials properly.

Inspect dumpsters for leaks and contact trash hauling contractors to replace or repair dumpsters that leak. Arrange for regular waste collection before dumpsters overflow.

3. Hazardous Material/Waste Management:
a. Storage: Label and store all hazardous materials, such as pesticides, paints, thinners, solvents and fuels, and all hazardous wastes, such as waste oil and anti-freeze. Store all hazardous materials and all hazardous waste according to all local City/County Regulations.

Keep an accurate up-to-date inventory of hazardous material and hazardous wastes stored on-site to assist emergency response personnel if there is a hazardous material incident.

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b. U sage: When rain is forecast within 24 hours or during wet weather, do not apply chemicals in outside areas. Do not over apply pesticides or fertilizers, and follow material manufacturer’s instructions regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals.
c. Disposal: Arrange for regular hazardous waste collection to comply with time limits on storage of hazardous waste. Dispose of hazardous waste only at authorized and permitted Treatment, Storage and Disposal Facilities. Use only licensed hazardous waste haulers to remove the waste off-site, unless quantities to be transported are below applicable threshold limits for
transportation specified in State and Federal Regulations. For additional information, contact County of Santa Clara Hazardous Materials Compliance Divisions at (408) 918-3400.

4. Spill Prevention and Control:
a. Keep a stockpile of spill clean-up materials, such as rags or absorbents, readily accessible on-site.
b. Immediately contain and prevent leaks and spills from entering storm drains, and properly clean-up and dispose of the waste and clean-up materials. If the waste is hazardous, handle the waste as described in Section 1.3A, 3c above.
c. Prevent spilled materials from being washed into streets, gutters, storm drains, or creeks, and never bury spilled hazardous materials. d. Report any hazardous materials spill to the City’s Representative.

5. Vehicle/Equipment Cleaning:
a. Vehicle or equipment cleaning shall not be performed on-site or in the street using soaps, solvents, degreasers, steam cleaning equipment or equivalent methods.
b. Vehicle or equipment cleaning shall be performed with water only, in a designated, bermed area that does not allow rinse water to run off-site or into streets, gutters, storm drains or creeks.

6. Vehicle/Equipment Maintenance and Fueling:
a. Maintenance and fueling of vehicles or equipment shall be performed in a designated bermed area, or over a drip pan that does not allow storm water run-off of spills.

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b. U se secondary containment, such as a drip pan, to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed or poured.
c. Keep a stockpile of spill clean-up materials, such as rags or absorbents, readily accessible on-site.
d. Clean-up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and clean-up materials as hazardous waste, as described in Section 1.3A, 3c above. e. Do not wash any spilled material into streets, gutters from drains, or creeks, and never bury spilled hazardous material.
f. Report any hazardous materials spill to the City’s Representative. g. Inspect vehicles and equipment arriving on-site for leaking fluids, and promptly repair leaking vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made.
h. Recycle waste oil and anti-freeze to the maximum practical extent. i. Comply with all Federal, State and City/County requirements for aboveground storage tanks.

7. Contractor Training and Awareness:
a. The Contractor shall train all employees/subcontractors on the storm water pollution prevention requirements contained in these Specifications.
b. Inform subcontractors about the storm water pollution prevention contract requirements, and include appropriate subcontract provisions to ensure that these requirements are met.
c. Post warning signs in areas treated with chemicals.
d. Paint new catch basins, constructed as part of the project, with “No Dumping."
B. Activity Specific Requirements: The following requirements shall be met on all projects that include the listed activities.

1. Dewatering Operation
a. Sediment Control: Route water through a control measure, such as a sediment trap, sediment basin trap, or sediment basin, to remove settleable solids before discharge to the storm drain system.

Approval of the control measure shall be obtained in advance from the Inspector. Filtration of the water following the control measure may be required on a case-by-case basis. If the Inspector

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determines that the dewatering operation would not generate an a
ppreciable amount of settleable solids, the control measure requirement may be waived. Reuse water for other needs, such as dust control or irrigation, to the maximum practicable extent. b. Contaminated Groundwater: If the project is within an area of known groundwater contamination, then water from dewatering operations shall be tested before discharge. If the water quality meets Regional Water Quality Control Board (RWQCB) standards, then it may be discharged to the storm drain system. Otherwise, the water must be treated or hauled off-site for proper disposal.

2. Paving Operations
a. Project Site Management: When rain is forecast within 24 hours or during wet weather, the Inspector may prevent the Contractor from paving. The Inspector may direct the Contractor to protect drainage courses by using control measures, such as earth dikes, straw bales, and sand bags, to divert run-off or trap and filter sediment. Place drip pans or absorbent material under paving equipment when not in use. Cover catch basins and manholes when paving or applying a seal coat or tack coat.
b. Paving Waste Management: Do not sweep or wash down excess sand or screenings (placed as part of a sand seal, chip seal or to absorb excess oil) into gutters, storm drains or creeks. Instead, either collect the sand and screenings and return it to the stockpile, or dispose of it in a trash container. Do not use water to wash down fresh asphalt concrete pavement.

3. Saw Cutting
a. During saw cutting, cover or barricade catch basins using control measures such as filter fabric, straw bales, sand bags, and fine gravel dams, to keep slurry out of the storm drain system. When protecting a catch basin, ensure that the entire opening is covered. b. Shovel, absorb, or vacuum saw cut slurry, and pick-up waste before moving to the next location or at the end of each working day, whichever is sooner.
c. If saw cut slurry enters catch basins, remove the slurry from the storm drain system immediately.

4. Contaminated Soil Management

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a. O n all projects involving grading or excavation, look for contaminated soil as evidence by site history, discoloration, odor, differences in soil properties, abandoned underground tanks or pipes, or buried debris. If the project is not within an area of known soil contamination and no evidence of soil contamination is found, then testing of the soil shall only be required if directed by the Inspector. If soil contamination is found, then follow Section 1.3B, 4b below.
b. If the project is within an area of known soil contamination or evidence of soil contamination is found, then soil from grading or excavation operations shall be tested. The soil shall be managed as required by the Inspector.

5. Concrete, Grout and Mortar Waste Management
a. Material Management: Store concrete, grout and mortar away from drainage areas and ensure that these materials do not enter the storm drain system.
b. Concrete Truck/Equipment Wash Out: Do not wash out concrete trucks or equipment into streets, gutters, storm drains or creeks.

Perform wash out of concrete trucks or equipment off-site or in a designated area on-site where water will flow onto dirt or into a temporary pit in a dirt area. Let the water percolate into the soil and dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, then collect the wash water and dispose of it off-site.

6. Earthwork
a. Maximize the control of erosion and sediment by using the BMPs for erosion and sedimentation described in the California Storm Water Best Management Practice Handbook - Construction Activity and as noted on the Demolition And Erosion Control Plan.

PART 2 – NOT USED
PART 3 – NOT USED
END OF SECTION 01 57 13

DEMOLITION 02 41 13
Sinnott Park Playground Renovation

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SECTION 02 41 13 DEMOLITION
P
ART 1 – GENERAL
(See also General Conditions, Special Conditions, and General Requirements)

1.1 SCOPE
A. Perform all demolition activities as shown on the plans and as specified herein including, but not necessarily limited to, the following:

1. Clearing and grubbing

2. Aggregate surfacing and headerboard removal

3. Play equipment removal

4. Play area curb removal

5. Sand surfacing removal

6. Drain line and catch basin removal

7. Other miscellaneous demolition items
B. Related work specified elsewhere:

1. Earthwork and Grading – Section 31 22 00

2. Landscape Planting – Section 32 93 00

1.2 REVIEW
A. Contractor shall review with the City’s Representative the exact limits of work and extent of materials to be removed.

1. Examine site and structures and determine exact nature and status of structural elements and utilities prior to commencing demolition.

2. City assumes no responsibility for actual condition of items or structures to be demolished.

3. Prior to commencing the work, perform a site survey to identify existing areas of damage to adjacent building areas and other buildings.

1.3 STANDARDS
A. All work shall conform to ANSI A10.6, Safety Requirements for Demolition Operations and to the codes and regulations of the City.

1.4 SCHEDULE

DEMOLITION 02 41 13
Sinnott Park Playground Renovation

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A. S ubmit schedule indicating proposed methods and sequence of operations for selective demolition work for review prior to commencement of work. Include coordination for shut-off, capping, and continuation of utility services as required.

1. Provide detailed sequence of demolition and removal work to ensure uninterrupted progress of adjacent building uses.

PART 2 – NOT USED
PART 3 – EXECUTION

3.1 DEMOLITION OF STRUCTURES
A. Provide a minimum of 72 hours advance notice of demolition activities.

B. Protection: Provide temporary barricades and other forms of protection as required to protect general public from injury due to selective demolition work.

C. Environmental Controls: Use water sprinkling, temporary enclosures, and other suitable methods to limit dust and dirt rising and scattering in air to lowest practical level. Comply with governing regulations pertaining to environmental protection.

D. Utilities: Disconnect all utilities to structures to be demolished in the manner prescribed by the utility company.

E. Selective Demolition: Perform selective demolition work in a systematic manner.

Use methods required to complete work indicated on the plans in accordance with demolition schedule and governing regulations. Conduct selective demolition operations and debris removal in a manner to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities.

F. Traffic: Do not close, block or otherwise obstruct streets, walks, or other occupied or used facilities without written permission from authorities having jurisdiction.

Provide alternate routes around closed or obstructed traffic ways if required by governing regulations.

G. Extent: Demolish foundation walls and footings to a depth of not less than 12 inches below finish grade. Demolish and remove below-grade wood or metal construction. Break up below grade concrete slabs. Completely fill below-grade areas and voids resulting from demolition work. Provide fill consisting of approved

DEMOLITION 02 41 13
Sinnott Park Playground Renovation

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earth, gravel or sand, free of trash and debris, stones over 6 inch diameter, roots o
r other organic matter.

H. Clean-up: Remove debris, rubbish and other materials resulting from demolition operations from building site. Transport and legally dispose of materials off site.

I. Damages: Promptly repair damages caused to adjacent facilities by demolition work at no cost to the City.

J. Contractor Salvage: Items indicated to be removed but of salvageable value to the Contractor may be removed as work progresses. Transport Contractor salvaged items from the site as they are removed. Storage or sale of removed items on site will not be permitted.

3.2 CLEARING AND GRUBBING
A. Strip the site of all remaining materials not to remain as part of the finished work.

All such materials shall be legally disposed of off-site at the Contractor's expense, except as otherwise noted on the plans. Items to be disposed of off-site include but are not limited to the following:

1. Trees, weeds, roots and other organic material, wood and trash.

2. Play equipment and related footings

3. Any rubble remaining from demolition of play equipment and other structures.

4. Sand surfacing
B. Strip and remove weeds and trash from unpaved areas to be improved. Leave intact ornamental shrubs and trees as identified by the City’s Representative. The contractor shall protect surrounding areas from damage by equipment or construction operations.

C. All edges of existing paving to remain shall be sawcut in a neat and clean manner.

D. All excavation within the drip line of trees to remain shall be accomplished in a careful manner. No roots greater than 1 inch diameter shall be cut. Where excavation reveals roots greater than 1 inch diameter that will interfere with construction, the Contractor shall notify the City’s Representative for direction prior to proceeding.

E. Where any marked or unmarked utility lines or other underground obstruction or piping may be encountered within the work area, notify the City’s Representative

DEMOLITION 02 41 13
Sinnott Park Playground Renovation

23003_SP_SPECS_Master
© copyrighted 2026 Callander Associates

Landscape Architecture, Inc.
or the agencies or service utility companies having jurisdiction thereof, and take n
ecessary measures to prevent interruption of service (if live). Should such lines or service be damaged, broken, or interrupted, those services shall be repaired immediately and restored by the Contractor at the Contractor’s own expense.

F. Abandoned lines, meters and boxes, obstructions or piping shall be removed, plugged or capped in accordance with the requirements and approval of the agencies affected. It shall be the responsibility of the Contractor to ascertain whether any public facilities exist along the line of work, whether or not shown on the plans; and the Contractor shall, at the Contractor’s expense, do any necessary work to save from damage all such property in or adjacent to the work, and shall repair all damage thereto caused by the Contractor’s operations.

G. Service connections to adjacent properties requiring removal or adjustment, due to new construction, will be so removed or adjusted during the course of construction operations. The Contractor shall cooperate with the utility companies and/or agencies in such work.

H. Prior to commencement of site grading work, the Contractor shall notify the City’s Representative that the site has been cleared. Site grading shall not commence until the City’s Representative has completed review of the site and has given approval to proceed.

END OF SECTION 02 41 13

CONCRETE FORMING AND ACCESSORIES 03 10 00
Sinnott Park Playground Renovation

SECTION 03 10 00 CONCRETE FORMING AND ACCESSORIES
PART 1 - GENERAL

1.1 S UMMARY
A. Section Includes: Formwork for concrete, with shoring, bracing and anchorage.

B. Related Requirements

1. Section 03 20 00 - Concrete Reinforcing

2. Section 03 30 00 - Cast-in-Place Concrete

3. Section 32 13 00 – Site Concrete

1.2 REFERENCE STANDARDS (Editions adopted by current governing California Building Code) A. ACI 117 - Standard Specifications for Tolerances for Concrete Construction and Materials.

B. ACI 318 - Building Code Requirements for Structural Concrete and Commentary; American Concrete Institute.

C. ACI 347 - Guide to Formwork for Concrete; American Concrete Institute.

1.4 SUBMITTALS
A. Product Data: Provide data on formwork release agent or form liner proposed for use with each formed surface.

B. Formwork Facing Materials: Data on form-facing materials proposed for smooth-form finish if different from that specified in Part 2.2.

1.5 QUALITY ASSURANCE
A. Codes and Standards: Comply with the provisions of the following codes, specifications, and standards, except where more stringent requirements are shown or specified.

1. California Building Code, current governing edition

2. ACI 318

3. ACI 347
PART 2 - PRODUCTS

2.1 FORMWORK - GENERAL
A. Maximum deflection of facing materials reflected on concrete surfaces exposed to public view shall be 1/240 of the span between structural members of the formwork.

B. Formed Construction and Contraction Joints

1. Provide construction and contraction joints where indicated on the Contract Documents. Submit for acceptance the location of construction and contraction joints differing from those indicated on the Contract Documents.

2.2 FORM MATERIALS
A. Form-facing materials: Materials for form faces in contact with concrete shall meet the requirements of "Concrete Finishing" Section 03 30 00 - Cast-in-Place Concrete and the

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following requirements unless otherwise specified in Contract Documents.

1. For smooth-form finish, use plywood, tempered concrete-form-grade hardboard, metal, plastic, paper, or other acceptable materials capable of producing the desired finish for form-facing materials. Form-facing materials shall produce a smooth, uniform texture on the concrete. Do not use form-facing materials with raised grain, torn surfaces, worn edges, dents, or other defects that will impair the texture of concrete surfaces. Facing materials shall be supported with studs or other backing capable of maintaining deflections within the tolerances specified in Part 2.1.

2.3 FORMWORK ACCESSORIES
A. Use commercially manufactured accessories for formwork accessories that are partially or wholly embedded in concrete, including ties and hangers. Do not use nonfabricated wire form ties.

2.4 FORMWORK RELEASE AGENT
A. Use commercially manufactured formwork release agents that prevent formwork absorption of moisture, prevent bond with concrete, and do not stain the concrete surfaces.

2.5 EXPANSION JOINT FILLER
A. Premolded expansion joint filler shall conform to ASTM D994 or ASTM D1751.

2.6 FABRICATION AND MANUFACTURE
A. Formwork shall be tight to prevent loss of mortar from concrete.

B. Place 3/4 inch chamfer strips in the corners of formwork to produce beveled edges on permanently exposed surfaces unless otherwise specified. Do not bevel reentrant corners or edges of formed joints of concrete unless specified in the Contract Documents.

C. Inspect formwork and remove deleterious material immediately before concrete is placed. Provide temporary openings where needed at the base of column and wall formwork to facilitate cleaning and inspection.

D. Fabricate form ties so ends or end fasteners can be removed with minimum spalling at the faces of concrete.

PART 3 - EXECUTION

3.1 EARTH FORMS
A. Where sides of excavations have been cut neat and accurate to size for pouring of concrete directly against the excavation, forms for footings will not be required.

Remove loose soil prior to placing concrete.

3.2 CONSTRUCTION AND ERECTION OF FORMWORK
A. At construction joints, lap contact surface of the form sheathing for flush surfaces

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exposed to view over the hardened concrete in the previous placement. Ensure formwork is sealed against hardened concrete to prevent offsets or loss of mortar at construction joints and to maintain a true surface.

B. Provide positive means of adjustment (such as wedges or jacks) of shores and struts. Do not make adjustments in the formwork after concrete has reached its time of initial setting. Brace formwork securely against lateral deflection and lateral instability.

C. Fasten form wedges in place after final adjustment of forms and before concrete placement.

D. Anchor formwork to shores, supporting surfaces, or members to prevent upward or lateral movement of the formwork system during concrete placement. Form supports shall be placed on adequate foundations and have sufficient strength and bracing to prevent settlement or distortion from the weight of the concrete or other cause.

Support shall rest on double wedged shim, or other approved means, so that the forms will be maintained at the proper grade.

E. All formed joints on concrete surfaces to be exposed shall be taped and shall align so joints will not be apparent on the concrete surfaces.

F. Any movement or bellying of forms during construction shall be considered just cause for their removal and, in addition, the concrete work so affected.

G. Bolts, rods, or other approved devices shall be used for internal form ties and shall be of sufficient quantities to prevent spreading of the forms. The ties shall be placed at least 1 inch away from the finished surface of the concrete. Bolts and rods that are to be completely withdrawn shall be coated with grease.

H. Boards or other form materials that have been damaged or checked or warped prior to placing of concrete shall be removed from the forms and replaced with approved materials or otherwise corrected to the satisfaction of the engineer.

I. Assign a sufficient number of PEOPLE to keep watch on and maintain the forms during placing of concrete. Satisfactorily remedy any displacement or looseness of forms or reinforcement before placing of concrete. No form shall be moved or altered except as may be specifically directed.

3.3 APPLICATION - FORM RELEASE AGENT
A. Cover surfaces of formwork with an acceptable material that will prevent bond with the concrete. A field-applied formwork release agent or a factory-applied liner may be used.

If a formwork release agent is used, apply to the surfaces of the formwork in accordance with the manufacturer's recommendations before placing reinforcing steel. Do not allow formwork release agent to puddle in the forms. Do not allow formwork release agent to contact reinforcing steel or hardened concrete against which fresh concrete is to be placed.

3.4 FORM CLEANING
A. Clean surfaces of formwork and embedded materials of mortar, grout, and foreign materials before concrete is placed.

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3.5 FORMWORK TOLERANCES
A. Unless otherwise specified in the Contract Documents, construct formwork so concrete surfaces conform to the tolerance limits of ACI 117. The class of surface shall conform to Part 2.2.

3.6 FORM REMOVAL
A. Remove top forms on sloping surfaces of concrete as soon as removal will not allow concrete to sag. Perform needed repairs or treatment required at once and follow immediately with specified curing.

B. Do not damage concrete during removal of formwork for walls. Perform needed repair and treatment required on vertical surfaces at once and follow immediately with specified curing.

C. Vertical forms shall remain on walls until concrete has attained 3000 psi minimum.

D. Contractor shall request to have field cured compression test specimen taken where it is planned to remove formwork and shoring sooner than indicated above and submit detailed plans for review and acceptance. Mold cylinders in accordance with ASTM C31, and cure them under the same conditions for moisture and temperature as used for the concrete they represent. Test cylinders in accordance with ASTM C39.

E. In removing plywood forms, no metal pinch bars shall be used and special care to be taken in stripping. Start at top edge or vertical corner where it is possible to insert wooden wedges. Wedging shall be done gradually and shall be accompanied by light tapping of the plywood panels to crack them loose. Do not remove forms with a single jerk after it has been started at one end.

F. Nothing herein shall be construed as relieving the contractor of any responsibility of the safety of the structure.

G. Remove forms in such a manner as to assure the complete safety of the structure.

Formwork not supporting the weight of the concrete may be removed as soon as the concrete has hardened sufficiently to resist damage from removal operations and as required by H. below.

H. When repair of surface defects or finishing is required at an early age, remove forms as soon as the concrete has hardened sufficiently to resist damage from removal operations.

END OF SECTION

CONCRETE REINFORCING 03 20 00
Sinnott Park Playground Renovation

SECTION 03 20 00 CONCRETE REINFORCING
PART 1 - GENERAL

1.1 SUMMARY
A. Section Includes: All labor, materials, equipment, tools, accessories, transportation, and services as required for furnishing and placing reinforcing steel for concrete, as indicated.

B. Related Requirements

1. Section 03 10 00 – Concrete Forming and Accessories

2. Section 03 30 00 – Cast In Place Concrete

3. Section 32 13 00 - Site Concrete

1.2 REFERENCES
A. Reference Standards

1. AISC, Specifications for Design, Fabrication, and Erection of Structural Steel for Buildings.

2. American Welding Society, Code for Arc and Gas Welding, latest edition.

3. Standard Specifications of the ASTM Latest Edition for Structural Steel for Buildings.

4. ASTM A-615, Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement.

5. ASTM A-706, Specification for Low Alloy Steel Deformed Bars for Concrete Reinforcement.

6. Section 52, Reinforcement of the City Standard Specifications.

1.3 ADMINISTRATIVE REQUIREMENTS
A. Sequencing: Installation of concrete reinforcing shall occur prior to placement of concrete.

1.4 SUBMITTALS
A. Certificates

1. The Contractor shall provide Mill Certificates for reinforcing steel. a. The Contractor shall provide Mill Certificates for each size of bar for each heat to be used on project.
b. Mill Certificates shall include name of mill, date of rolling, date of shipping to fabricator and shall be signed by fabricator certifying that each material complies with or exceeds the specified requirements. A Mill Certificate shall be furnished with each lot of material delivered to the project and the lot shall be clearly identified in the Certificate.

B. Shop Drawings: Location, spacing, and site of concrete reinforcement to be included in shop drawings as required bends, splices, and embedment length shall also be included in shop drawings.

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1.5 QUALITY ASSURANCE
A. Qualifications

1. Fabrication shall be licensed operations.

1.6 DELIVERY, STORAGE, AND HANDLING
A. Materials: Attention is directed to Section 6, Control of Materials, of the City of Department of Public Works Standard Specifications and these Special Provisions. All materials required to complete the work under this contract shall be furnished by the Contractor.

B. Storage and Handling Requirements

1. Reinforcing materials shall be stored in a manner that will avoid excessive rusting or coating with grease, oil, dirt, or other objectionable substances. Storage shall be in separate piles or racks so as to avoid confusion or loss of identification after bundles are broken.

1.7 WARRANTY
A. Final Guarantee: Contractor shall provide guarantee per Section 7-1.23, Final Guarantee, of the City Standard Specifications.

PART 2 - PRODUCTS

2.1 CONCRETE REINFORCING
A. Description

1. Materials and fabrication shall be in accordance with the standards as shown in Section 1.2A.

2. Bars for reinforcement shall conform to the requirements of ASTM A706, Grade 60.

No. 3 ties or spirals may conform to the requirements of ASTM A706 or A615, Grade

60. 3. All other materials, not specifically described by these specifications but required for complete and proper placement of reinforcement shall be new, first quality of their respective kinds, and subject to the approval of the Engineer.

2.2 SOURCE QUALITY CONTROL
A. Tests and Inspections

1. Product Test Reports: Tests of reinforcing steel may be made by a Testing Laboratory approved by the Engineer if requested by the City. The cost of the required tests shall be paid by the City. Three (3) copies of verified reports showing results on the tests shall be submitted to the Engineer. Said reports shall state definitely whether or not materials tested conform to the aforementioned specifications and/or standards.
c. The Contractor shall cooperate with the Testing Laboratory making the required tests.

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d. Laboratory test reports shall show the name of testing agency; date of testing, types of tests performed and shall be signed by a principal of the testing agency who is a registered Civil Engineer in the State of California. e. When required by other portions of these specifications, laboratory test reports shall be submitted for each size of bar tested for each heat to show compliance with appropriate ASTM Standards and these specifications.

PART 3 - EXECUTION

3.1 EXAMINATION
A. Verification of Conditions: In the event conduits, pipes, inserts, sleeves, or any other items interfere with placing the reinforcement as indicated on the drawings or approved shop drawings, or as otherwise required, immediately notify the Engineer and obtain approval on procedure before placement of reinforcement is started.

B. Evaluation and Assessment

1. All reinforcement, at the time concrete is placed, shall be free from rust, scale, oil, mortar, or other coatings that will destroy or reduce the bond.

3.2 PREPARATION
A. Protection of In-Place Conditions

1. Surrounding areas, surfaces and appurtenances already in place shall be protected during installation of concrete reinforcing.

B. Cleaning Reinforcement

1. Take all means necessary to ensure that steel reinforcement, at the time concrete is placed around it, is completely free from rust, dirt, loose mill scale, oil, paint and all coatings which will destroy or reduce the bond between steel and concrete.

3.3 INSTALLATION
A. Special Techniques

1. Bending: Bends for reinforcing steel shall be made in accordance with ACI 318 latest edition. Bend all bars cold. Do not field bend reinforcing steel in a manner that will injure material, cause the bars to be bent on too tight a radius, or that is not indicated as allowed on drawings or permitted by Engineer. Do not straighten bent or kinked bars for use on project without permission of Engineer.

2. Placing of reinforcement shall conform to the City Standard Specifications as they apply to this project and in accordance with CRSI, Placing Reinforcement Bars and ACI 301.
f. All reinforcement shall be placed in strict conformity with the requirements of the engineering drawings, both as to location, position and spacing members. It shall be supported and secured against displacement by the use of adequate and proper wire supporting and spacing devices, tie wires, etc. so that it will remain in its proper position in the finished structure.

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g. Preserve clear space between parallel bars of not less than one and one half (1- 1/2) times the nominal diameter of round bars and in no case let the clear distance be less than one and one half inches (1-1/2”) nor less than one and one third (1-1/3) times the maximum size of aggregate for concrete.

3. Cutting: Bars shall not be cut by gas torch.

4. Splicing shall conform to the City Standard Specifications, except the laps shall be PER Structural Drawings for reinforcing bars.
h. All splices not shown on the Project Drawings shall be shown on the shop drawings and approved by the Engineer.

5. Unless otherwise noted, welding of crossing bars (tack welding) for assembly of reinforcement is prohibited.

6. Support and fasten together all reinforcement to prevent displacement by construction loads or placing of concrete.

7. Lifting of bars and welded wire fabric into position during placement of concrete is not permitted.

8. Where the concrete surface will be exposed to the weather in the finished structure, the portions of all accessories within one half inch (1/2”) of the concrete surface shall be non-corrosive or protected against corrosion.

9. Provide minimum protective cover given in of ACI 318 if not indicated on Drawings.

10. All embedment lengths not shown on the Project Drawings shall be shown on the shop drawings and approved by the Engineer of Record.

B. Interface with Other Work

1. Jointing and intersections of metals shall be accurately made.

3.4 SITE QUALITY CONTROL
A. Correction During Pouring: Capable steel setters shall be kept at the work site at all times during the placing of concrete and shall properly reset any reinforcement displaced by runways, workmen, or other causes.

B. Non-Conforming Work

1. Defective Work: At the discretion of the Engineer, all defective work shall be replaced at no extra cost to the City.

2. Refer to Testing and Inspection in Structural Drawings.

3.5 CLEANING
A. Exposed reinforcing at construction joints shall be cleaned and/or bent at least twenty four (24) hours after concrete is placed.

END OF SECTION

CAST IN PLACE CONCRETE 03 30 00
Sinnott Park Playground Renovation

SECTION 03 30 00 CAST IN PLACE CONCRETE
PART 1 - GENERAL

1.1 SUMMARY
A. Section Includes: Cast-in-place structural concrete.

1.3 RELATED REQUIREMENTS
A. Section 03 10 00 - Concrete Forming and Accessories.

B. Section 03 20 00 - Concrete Reinforcing.

D. Section 32 13 00 – Site Concrete

1.4 REFERENCE STANDARDS (Editions adopted by current governing California Building Code) A. ACI 117 - Standard Specifications for Tolerances for Concrete Construction and Materials; American Concrete Institute International.

B. ACI 211.1 - Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete; American Concrete Institute International.

C. ACI 318 - Building Code Requirements for Structural Concrete and Commentary; American Concrete Institute International.

D. ASTM C31 - Standard Practice for Making and Curing Concrete Test Specimens in the Field E. ASTM C33 - Standard Specification for Concrete Aggregates.

F. ASTM C39 - Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens.

G. ASTM C94 - Standard Specification for Ready-Mixed Concrete.

H. ASTM C150 - Standard Specification for Portland Cement.

I. ASTM C260 - Standard Specification for Air-Entraining Admixtures for Concrete.

J. ASTM C494 - Standard Specification for Chemical Admixtures for Concrete.

K. ASTM C618 - Standard Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete.

L. ASTM D1751 - Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types).

1.5 SUBMITTALS
A. Product Data

1. Manufacturer's catalog sheets including instructions for use and description of application shall be provided on each of the following materials:
a. Admixtures
b. Curing Compounds
B. Mix Designs

1. Mix designs shall be submitted for each class of concrete on the job and shall show names and brands of all materials, proportions, slump, strength, gradation of coarse and fine aggregates, and location to be used on job. Field test records or test data that is used to establish the average compressive strength of the mixture shall be

CAST IN PLACE CONCRETE 03 30 00
Sinnott Park Playground Renovation

submitted.

C. Certificates of Compliance

1. The Contractor shall provide Certificate of Compliance for each type of aggregate, cementitious material and admixture to be used in each class of concrete or a Certificate of Compliance for each class of concrete.

2. When Certificates of Compliance cannot be provided, the Contractor shall hire a professional testing laboratory to verify compliance of each type of material to be used in each Class of Concrete. The cost of testing shall be paid for by the Contractor.

D. Weight and Batch Tags:

1. The special inspector shall be provided with a weight and batch tag upon delivery of each load of concrete. The batch tag must show weight of all materials.

1.6 QUALITY ASSURANCE
A. Comply with the provisions of the current governing CBC, ACI 301, and ASTM C94 except where more stringent requirements are shown or specified.

B. Sampling, Testing and Inspection:

1. General:
a. If the Owner's agent, through oversight or otherwise, has accepted material or work which is defective or contrary to specifications, this material or work, regardless of state of completion, may be rejected.
b. Testing agencies shall meet the requirements of ASTM C1077. Testing agencies shall be accepted by the Engineer before performing any work.

2. Contractor:
a. The Contractor shall cooperate with and notify Owner's agent at least 24 hours in advance of inspection required and shall provide samples and facilities for inspection without extra charge.
b. The Contractor shall provide and maintain adequate facilities on the project site for safe storage and initial curing of concrete test specimens as required by ASTM C31 for the sole use of the testing agency.

1.7 SEQUENCING AND SCHEDULING
A. Obtain information and instructions from other trades and suppliers in ample time to schedule and coordinate the installation of items furnished by them to be embedded in concrete so provision for their work can be made without delaying the project.

PART 2 - PRODUCTS

2.1 FORMWORK
A. Comply with requirements of Section 03 10 00.

2.2 REINFORCEMENT
A. Comply with requirements of Section 03 20 00.

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2.3 CEMENTITIOUS MATERIALS
A. Portland Cement: ASTM C150, Type II
B. Fly Ash: ASTM C618, Class C.

1. Fly ash may substitute for portland cement up to a maximum of 25% of total cementitious materials by weight (fly ash, if used, must substitute for 15% of the total cementitious materials by weight, minimum).
a. Substitutions that combine fly ash and ground granulated blast-furnace slag are limited to a combined total of 50% of the total cementitious material by weight with fly ash no more than 25% of the total cementitious materials by weight. b. Reduce slag and fly ash substitution rates by at least 50% for cold weather concreting as defined in ACI 306.1.

C. Ground-granulated Blast-furnace Slag: ASTM C989 grades 100 or 120

1. Ground-granulated Blast-furnace Slag may substitute for portland cement up to a maximum of 50% of the total cementitious material by weight.

2.4 AGGREGATES
A. Aggregates for hardrock concrete shall conform to ASTM C33.

B. Aggregates used for entire project shall be obtained from the same sources and have the same size ranges as the aggregates used in the concrete represented by submitted historical data or used in trial mixtures.

2.5 WATER
A. Mixing water for concrete shall be clean and free from deleterious amounts of chlorides, acids, alkalis or organic materials.

2.6 CHEMICAL ADMIXTURES
A. Do not use chemicals that contain calcium chloride or will result in total soluble chloride ions in hardened concrete at ages from 28 to 42 days contributed from water, aggregates, cementitious materials, and admixtures in excess of 0.30 percent by weight of cement for reinforced concrete. Measure water-soluble chloride-ion content in accordance with ASTM C1218. Calcium chloride or any admixture containing chloride ions shall not be used in drilled piers.

B. Air Entrainment Admixture: ASTM C260.

C. Water Reducing and Retarding Admixture: ASTM C494 Type D.

D. Admixtures used in concrete shall be the same as those used in the concrete represented by the submitted field test records or used in the trial mixtures.

2.7 CURING MATERIALS
A. Curing Compound, Naturally Dissipating: Clear, water-based, liquid membrane-forming compound, that dissipates within 3 to 5 weeks; complying with ASTM C309.

B. Moisture-Retaining Sheet: ASTM C171.

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2.8 CONCRETE MIX DESIGN
A. Admixtures: Where admixtures are used they shall be added as recommended in ACI 211.1 for normal weight concrete and at rates recommended by manufacturer.

Admixtures are subject to the engineer's review.

B. Normal Weight Concrete Mix Requirements:

1. Shall be made with aggregates for hardrock concrete.

2. Minimum Compressive Strength, f'c, when tested in accordance with ASTM C39 at 28 days shall be 3,500 psi.

3. Minimum Cementitious Material Content:
a. For concrete (f’c = 3,500 psi and greater) used in drilled piers and footings, cementitious material content shall not be less than indicated in the following table:

Nominal maximum
size of aggregate, in
Minimum
cementitious material
content, sacks

1.5 5
1 5.5
3/4 6
1/2 6.5

4. Maximum Water-Cement Ratio shall be 0.55.

5. Maximum Aggregate Size: Nominal maximum size of coarse aggregate shall not exceed three-fourths of the minimum clear spacing between reinforcing bars, one- fifth of the narrowest dimension between sides of forms, or one-third of the thickness of slabs or toppings.

C. Determine the slump by ASTM C143 at the point of truck discharge. Slump shall be per the Structural Drawings for footing concrete, except: Slump shall not exceed 3" for any concrete placement where top of surface slopes more than 2%. When use of a Type I or II plasticizing admixture conforming to ASTM C1017 or when a Type F or G high-range water-reducing admixture conforming to ASTM C494 is permitted to increase the slump of concrete, concrete shall have a slump of 2 to 4 in. before the admixture is added and a maximum slump of 8 in. at the point of truck discharge after the admixture is added unless otherwise specified.

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D. Add an air entraining agent to the concrete to provide specified amounts of entrained air per table below unless noted otherwise. Measure air content at the point of delivery in accordance with ASTM C173. Tolerance is plus/minus 1.5%.

Nominal maximum
aggregate size, in
Air content, percent
Exposure Class F1 Exposure Classes F2
and F3
3/8 6 7.5
1/2 5.5 7
3/4 5 6
1 4.5 6

1.5 4.5 5.5

2.9 MIXING
A. Use ready-mixed concrete complying with ASTM C94 and with the requirements of Contract Documents. Mix for a period of not less than ten (10) minutes; at least three (3) minutes of the mixing period shall be immediately prior to discharging at the job.

PART 3 - EXECUTION

3.1 EXAMINATION
A. Verify lines, levels, and dimensions before proceeding with work of this section.

3.2 PREPARATION

3.3 WEATHER REQUIREMENTS
A. Reinforcement, forms and ground which concrete will contact shall be completely free of frost.

B. The temperature of concrete as placed shall not exceed 90° F. When temperature of steel reinforcement, embedments, or forms is greater than 120° F, fog steel reinforcement, embedments, and forms with water immediately before placing concrete. Remove standing water before placing concrete.

C. Do not begin to place or continue to place concrete while rain, sleet, or snow is falling unless adequate protection is provided and, when required, acceptance of protection is obtained. Do not allow rain water to increase mixing water or to damage the surface of the concrete.

3.4 CONVEYING AND PLACING CONCRETE
A. All concrete shall be mixed, delivered and discharged in accordance with the requirements of ASTM C94. All concrete shall be placed, finished and cured and all other pertinent construction practices shall be in accordance with the requirements of

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ACI 301.

B. Notify Engineer not less than 48 hours prior to commencement of placement operations.

C. Before placing, clean mixing and conveying equipment, clean forms and space to be occupied by concrete and wet forms. Remove ground water until completion of work.

D. Place no concrete in any unit of work until all formwork has been completely constructed, all reinforcements secured in place, all items to be built into concrete are in place, form ties at constructions joints tightened and all preparation have been checked by the Inspector. A placing record shall be kept on the site of the time and date of placing the concrete in each portion of the structure until the completion of the structure and shall be open to the Inspector.

E. Slabs shall not be subjected to occupant or storage loads exceeding 20 psf until specified strength is reached (28 days minimum).

F. Concrete shall be placed so that a uniform appearance of surfaces will be obtained. The concrete will be free of all rock pockets, honeycombs and voids.

G. The subgrade must be moist when the concrete is placed for floor slab to prevent excessive loss of water from the concrete mix.

H. Pumping of concrete may require admixtures to increase slump beyond the maximum slump listed. Admixtures are subject to the engineer's review.

I. Carry on concreting, once started, as a continuous operation until the section of approved size and shape is completed. Make pour cut-offs of approved detail and location.

J. Handle concrete as rapidly as practicable from mixer to place of deposit by methods which prevent separation or loss of ingredients. Deposit as nearly as practicable in final position to avoid rehandling or flowing. Do not drop concrete freely where reinforcing bars will cause segregation, impact the soil face of excavations nor drop freely more than eight feet. Use hoppers, chutes or trunks of varying length so that the free unconfined fall of concrete shall not exceed eight feet. Deposit to maintain a plastic surface approximately horizontal. In walls, deposit in horizontal layers not over eighteen inches deep.

K. Consolidating: All concrete shall be placed with mechanical vibration unless noted otherwise. Employ as many vibrators and tampers as necessary to secure the desired results. Minimum: one per each 20 cubic yards of concrete placed per hour. Drilled piers shall be vibrated only to a depth of 3 times the pier diameter measured from the top of pier.

3.5 CONCRETE FINISHING
A. Finishing Formed Surfaces: Finish per Section 32 13 00 Rigid Paving and requirements of ACI 301.

3.6 CURING AND PROTECTION
A. Comply with requirements of ACI 301. Immediately after placement, protect concrete

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from premature drying, excessively hot or cold temperatures, and mechanical injury.

B. Maintain concrete with minimal moisture loss at above 50° F for the period of time necessary for hydration of cement and hardening of concrete.

1. Normal concrete: At least the first 7 days after placement.

C. Curing methods shall comply with ACI 308R.

D. Curing compounds conforming to ASTM C309 or ASTM C1315 shall be applied in accordance with the recommendations of the manufacturer and shall not be used on any surface against which additional concrete or other cementitious finishing materials are to be bonded.

3.7 CLEANUP
A. Clean up all concrete and cement work on completion of this portion of the work.

3.8 FIELD QUALITY CONTROL
A. Engineer Review: The Engineer shall inspect the surfaces between plates and channels bearing on masonry and concrete to determine if grouting of space is necessary. If grouting of space is necessary, the Owner's agent shall inspect the grouting procedure.

B. Acceptance of concrete strength is in accordance with ACI 318 section 5.3 unless noted otherwise.

C. When the strength of field-cured cylinders is less than 85% of companion laboratory- cured cylinders, evaluate current operations and provide corrective procedures for protecting and curing in-place concrete.

D. Field Acceptance of concrete: Concrete not within the specified limits of air- entrainment, slump and temperature shall not be used in the work.

E. Additional Tests: The Owner's agent will make additional tests of in-place concrete when test results indicate specified concrete strengths and other characteristics have not been attained in the structure or deficiencies in protection and curing has occurred, as directed by Engineer. Owner's agent may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C42, or by other methods as directed.

Contractor shall pay for such tests conducted, other additional testing as may be required, and cost of repairing areas of structure tested when unacceptable concrete is verified.

3.9 DEFECTIVE CONCRETE
A. General: Work considered to be defective may be ordered by the Engineer to be replaced in which case the Contractor shall remove the defective work at his expense.

3.10 CORRECTION OF DEFECTIVE WORK
A. The Contractor shall, at his expense, make all such corrections and alleviation measures as directed by the Engineer.

B. Concrete work containing rock pockets, voids, honeycombs, cracks or cold joints not scheduled or indicated on the drawings, shall be chipped out until all unconsolidated material is removed.

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C. Secure approval of chipped-out areas before patching. Patch per ACI 301-latest governing edition.

END OF SECTION

PLAY EQUIPMENT 11 68 13
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SECTION 11 68 13 PLAY EQUIPMENT
P
ART 1 – GENERAL
(See also General Conditions, Special Conditions, and General Requirements)

1.1 SCOPE
A. Furnish and install all play equipment as shown on the plans and as specified herein including, but not necessarily limited to, the following:

1. Youth ramped composite play structure (5-12 years)

2. Tot composite play structure (2-5 years)

3. Mobius climber

4. Zipkrooz zipline, assisted

5. Zipkrooz zipline

6. We-go-round carousel

7. Belt swing

8. Oodle swing

9. Tot bucket swing

10. Jaguar spring rider

11. Cozy cocoon spinner

12. Play area age signs

B. Related work specified elsewhere:

1. Earthwork and Grading – Section 31 22 00

2. Site Concrete – Section 32 13 13

3. Playground Protective Surfacing – Section 32 18 16

1.2 STANDARDS
A. Unless otherwise shown or specified, all materials and methods shall, at a minimum, conform to the California Code of Regulations, Health and Safety Code, Division 104 Environmental Health, Part 10 Recreational Safety, Chapter 4 Safe Recreational Land Use, Article 1 Playgrounds.

B. In addition to the above, all materials and methods must meet the following standards: Consumer Product Safety Commission “Handbook for Public Playground Safety” current version, ASTM F1487 “Standard Consumer Safety Performance Specification for Playground Equipment for Public Use” current version, and DOJ 2010 Standard for Accessible Design, Section 1008 Play Areas.

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C. A ll components of the play equipment shall be certified by International Play Equipment Manufacturers Association (IPEMA).

1.3 SUBMITTALS
A. Prior to the purchase of the play equipment and within ten (10) working days after award of the contract, Contractor shall submit the following items to the City’s Representative for review and approval. No materials in this Section shall be purchased until such approval is granted. Incomplete submittals shall be returned without review.

1. Plan view drawing of play equipment at eighth scale with overall dimensions, all components labeled, and deck heights shown.

2. Isometric drawing of play equipment.

3. Listing of color and finish for posts, plastic components, decks and accessories.

4. Certificate of compliance with International Play Equipment Manufacturers Association (IPEMA).

5. Manufacturer’s full warranty for all components for coverage against structural failure due to corrosion, deterioration, or workmanship.

Supplemental coverage as offered by the manufacturer.

B. Upon completion of the play equipment installation and prior to its first use, the Contractor shall submit the following items to the City’s Representative for review and approval.

1. Post-construction certification of compliance by a Certified Playground Safety Inspector (see Section 3.1B below).

PART 2 – PRODUCTS

2.1 PLAY EQUIPMENT
A. Youth Play Equipment: Shall be per design #1193925-01-06 as manufactured by Landscape Structures, Inc. complete with all necessary hardware and components and as available from Ross Recreation Equipment, 100 Brush Creek Road, Suite 101, Santa Rosa, CA 95404, (707) 538-3800, or approved equal. Youth play equipment shall include custom PlayBooster and Forma ramped combined composite structure, Mobius Climber 3-panel, Sway Fun, We-Go-Round carousel, Zipkrooz zipline standard and assisted, Single Post Belt Swing, and Oodle Swing; colors and finishes shall be per design 1193925-01-06 renderings.

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B. T ot Play Equipment: Shall be per design #1193925-01-06 as manufactured by Landscape Structures, Inc. complete with all necessary hardware and components and as available from Ross Recreation Equipment, (707) 538-3800, or approved equal. Tot play equipment shall include custom Smart Play combined composite structure, Tot bucket Swing, and Jaguar Sit-On Spring Rider; colors and finishes shall be per design 1193925-01-06 renderings.

C. Spinner: Shall be Cozy Cocoon, model # ZZXX0483 as manufactured by Playworld, Inc., complete with all necessary hardware and components as available from Dave Bang and Associates, Inc., PO Box 1088 Tustin, CA 92781, (800) 669-2585, or approved equal. Component and Post color shall be Tropical Yellow, Lower part of spinner shall be Sky Blue, and upper part of spinner shall be Chartreuse.

D. Approved Alternative Equipment: Shall be as manufactured by Gametime per quote #119334-01-07 dated 10/20/2025, as available from MRC Recreation, (732) 458-1111, PO Box 106 Spring Lake, NJ 07762, [email protected], complete with all necessary hardware and components. Youth play equipment shall include but not be limited to Powerscape, Inclusive Whirl, Belt Swing, Travel Wall, SkyRun Zip Track. Tot play equipment shall include but not be limited to Powerscape structure, bucket swing, duo spinner, jungle animal spring rider, and basket swing.

Colors and finishes shall be per design renderings received on 10/15/25. Structural calculations and equipment foundation design prepared by a structural engineer licensed by the state of California shall be provided by equipment representative.

2.2 FINISHES
A. All galvanized steel parts shall be treated with a rust inhibitor prior to painting.

B. Painted components shall be painted by means of an electrostatically applied powder coating. Powder coating shall comply with ASTM D-3359B (adhesion), D- 3363 (hardness), and D-2794 (impact).

C. Vinyl or plastic-coated components shall have coating applied via a bath.

Minimum coating thickness of 0.080 inches.

PART 3 – EXECUTION

3.1 COMPLIANCE
A. Contractor shall assemble and install playground equipment in compliance with the written instructions of the manufacturer.

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B. P rior to its first use, the playground equipment shall be inspected by a Certified Playground Safety Inspector who shall certify in writing that the equipment is in compliance with the playground-related standards set forth by the American Society for Testing and Materials and the playground-related guidelines set forth by the U.S. Consumer Product Safety Commission.

3.2 LAYOUT
A. Prior to commencing installation, stake layout of play equipment and use zones and request a review by the City’s Representative. The Contractor is responsible for adjusting equipment layout as required.

3.3 INSTALLATION
A. Field verify all post lengths for play equipment, after excavating play area subgrade and prior to ordering play equipment.

END OF SECTION 11 68 13

EARTHWORK AND GRADING 31 22 00
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SECTION 31 22 00 EARTHWORK AND GRADING
P
ART 1 – GENERAL
(See also General Conditions, Special Conditions, and General Requirements)

1.1 SCOPE
A. Perform all earthwork and grading as shown on the plans and as specified herein including, but not necessarily limited to, the following:

1. Rough grading operations

2. Excavation for footings

3. Placement of import topsoil

4. Establish subgrade elevations

5. Subgrade compaction
B. Related work specified elsewhere:

1. Demolition – Section 02 41 13

2. Trenching and Backfilling – Section 31 23 00

3. Site Concrete – Section 32 13 13

4. Decomposed Granite Paving – Section 32 15 40

5. Landscape Soil Preparation – 32 91 13

6. Site Drainage Utilities – Section 33 40 00

1.2 STANDARDS
A. Unless otherwise shown or specified, all materials and methods shall conform to:

1. The most current Section 19 “Earthwork” of the State of California, Department of Transportation, Standard Specifications (DTSS) as they reasonably apply to this work, except for measurement and payment requirements.

2. Geotechnical Exploration report prepared by Engeo dated June 3, 2025

1.3 QUALITY CONTROL
A. Submit a one-gallon sample of the proposed fill material for testing and review by the City's third-party special inspection company at least two (2) weeks prior to proposed use on site. No material shall be used unless approved by the City's third-party special inspection company.

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B. A ll excavation, for the play equipment footings, fence footings, construction of benches, subdrain installation, placement and compaction of fill and preparation of subgrade shall be reviewed by the City's third-party special inspection company.

The Contractor shall schedule the work and notify the City at least three (3) working days in advance of each portion of grading operations for their review, testing and approval.

1. The Contractor shall cooperate with the City in performing these tests.

2. All tests indicating conformance to project requirements shall be paid for by the City.

3. Costs of retesting and re-inspection required as the result of inadequate, insufficient, or incomplete work by the Contractor shall be deducted from the contract amount.

C. Compaction Test Method: Where referred to in these specifications, "compaction" or "relative compaction" shall mean the in-place dry density of soil expressed as a percentage of the maximum dry density of the same material as determined by ASTM D-1557-02e1.

D. The Contractor shall provide compaction testing as required to confirm compliance with these specifications and plans. All costs of such testing will be borne by the City, except as specified under paragraph 1.3B, 3 above.

E. The City's representative shall be present during all site clearing and grading operations to test and to observe earthwork construction. This representative shall be notified at least three (3) working days prior to commencement of any grading operations to allow for discussion and planning with the earthwork, underground, and paving contractors.

1.4 LAYOUT AND GRADING CONTROL
A. Grade the site to the tolerances shown. Vertical control is established by the benchmark indicated on the plans.

B. The Contractor shall engage the services of a City-approved Land Surveyor licensed in California to layout the work. This Surveyor shall certify that the work is completed in a manner that the City can check for conformance as the work progresses.

C. Tolerances: Site grading shall be to the elevations shown on the plans, plus or minus 0.1 foot vertically.

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D. D ewatering: No soil shall be compacted during periods of rain or when the ground is not drained of all free water. Soil that has been stockpiled and wetted by rain or by any other cause shall not be compacted until it is completely drained and until the moisture content is within the limits approved by the City.

PART 2 – PRODUCTS

2.1 MATERIALS
A. Existing material may be used for fill after removal of all debris, and after being moisture-conditioned, if it meets the criteria in paragraph B below.

B. Soil imported to the site and used for compacted fill shall be free of perishable organic material, and shall meet the following requirements:

1. Physical: 100% passing 3-inch size, 10 to 75% passing the No. 200 sieve.

Plasticity Index of 20 maximum when tested in accordance with ASTM D 4318 75. Concentrations of organic material not to exceed 3% by weight.

2. Chemical: Salinity Limit (ECe) saturation extract of 4.0 sodium (SAR) limit of less than 8.0.

3. Boron: Saturation extract concentration less than 1.0 ppm.

C. Minor quantities of material not meeting the above gradation may be mixed and blended with other on-site material if the resulting mixture conforms to the specifications. If the quantity of material not in conformance with the specifications becomes excessive in the opinion of the City's representative, it shall be removed from the site.

D. Topsoil: See Landscape Soil Preparation Section 32 91 13 for topsoil requirements.

PART 3 – EXECUTION

3.1 STRIPPING AND REMOVAL OF EXISTING UNDOCUMENTED FILL A. All sand and vegetation, including the top one to two inches of roots, shall be removed from areas to be graded to a depth of at least 2 to 3 inches below the surface. Clean and backfill excavations as recommended in geotechnical report.

Should undocumented fill be uncovered during site grading within the play area, beneath areas to be paved, or beneath structural areas, the undocumented fill should be completely removed to competent native soil. The undocumented fill may be subexcavated and reworked as engineered fill, provided the materials meet the requirements for acceptable fill.

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3.2 R OUGH GRADING
A. Prior to commencement of site grading work, the Contractor shall notify the City’s Representative that the site has been cleared. The City’s Representative shall have sufficient time to review the site. Site grading shall not commence until the City’s Representative has completed review of the site and the City has given approval to proceed.

B. Perform all cut and fill required to bring the site to the grades indicated, with proper allowances for finish materials such as paving and base. Prior to placing new fill, the exposed ground surface should be scarified to a depth of 8 inches (or greater as indicated on the plans), brought to at least 3% above optimum moisture content for expansive soil and 1% above optimum moisture content for non- expansive soil, and compacted. The upper 8 inches of subgrade in areas to be planted shall be compacted to at least 85 percent, and the upper 6 inches of subgrade in areas to be paved shall be compacted to at least 95 percent relative compaction as determined from ASTM Test Method D 1557 78. Other subgrade areas shall be compacted to at least 90 percent relative compaction. The resulting subgrade should be smooth and essentially unyielding.

C. Placement and Compaction:

1. Approved fill material shall be placed in layers of 6 to 8 inches in loose thickness and moisture-conditioned as described above and as necessary to achieve moisture content suitable for re-compacting. Fill material shall be compacted with equipment of such weight and design as necessary to obtain the specified compaction. Fill shall be compacted to 85 percent relative compaction in areas to be planted and at least 90 percent relative compaction in non-planted areas, unless otherwise directed. In pavement areas, the upper 6 inches of fill shall have a minimum relative compaction of 95 percent. Between successive lifts, the fill surface shall be scarified or otherwise processed to obtain satisfactory bonding between the fill lifts.

D. Re-compaction: Where, in the judgment of the City’s Representative, the moisture content is not suitable or insufficient compaction has been obtained, the fill shall be reconditioned and/or re-compacted to the specified density prior to placing any additional fill material. The Contractor shall be responsible for placing and compacting approved fill material in accordance with these specifications. If the Contractor fails to meet the compaction requirements, they shall reduce their rate of haul, furnish additional spreading, moisture conditioning and/or compacting

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equipment or make any other adjustments necessary to produce a satisfactorily c
ompacted fill.

E. All excess material and all material that is unsuitable for paving subbase or finish grading shall be disposed of off-site at Contractor’s expense, including all testing and fees required by the disposal site.

F. Where any marked or unmarked utility lines or other underground obstruction or piping may be encountered within the work area, notify the City or the Agencies or service utility companies having jurisdiction thereof, and take necessary measures to prevent interruption of service (if live). Should such lines or service be damaged, broken, or interrupted through the Contractor’s own negligence, those services shall be repaired immediately and restored by them at their own expense. Abandoned lines, meters and boxes, obstructions or piping, shall be removed, plugged or capped in accordance with the requirements and approval of the agencies affected.

G. Rock Removal: All rocks 8 cubic inches or larger shall be removed completely from the top 6 inches of subgrade prior to placement of topsoil in all planting areas. See Landscape Soil Preparation Section 32 91 13 for additional requirements. All rocks not meeting criteria for fill material shall be legally disposed of off-site as the Contractor's own property.

3.3 EROSION CONTROL AND CLEAN-UP
A. Spillage: Prevent spillage when hauling on, or adjacent to, any public street or highway. In the event that spillage occurs, sweep, wash, or otherwise clean the street or highway until the spillage has been removed.

B. Dust Control: Take all precautions needed to prevent a dust nuisance to adjacent public and private properties, and to prevent erosion and transportation of soil to adjacent properties, due to work under this contract. All damage caused by the Contractor’s work under this contract shall be corrected or repaired by the Contractor at no cost to the City. If the Contractor fails to take the necessary precautions, or make the corrections or repairs promptly, the City shall take the steps deemed necessary and deduct the cost from the contract amount.

C. Clean-up: The job site shall be kept neat and clear at all times, with all public walks swept clean at the end of each day, and all materials neatly stored. Upon completion of the work under this Section, remove immediately all surplus materials, rubbish and equipment associated with or used in the performance of

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this work. Failure to perform such clean-up operations within 48 hours of notice b
y the City shall be considered adequate grounds for having the work completed by others at the Contractor’s expense.

END OF SECTION 31 22 00

TRENCHING AND BACKFILLING 31 23 00
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SECTION 31 23 00 TRENCHING AND BACKFILLING
P
ART 1 – GENERAL
(See also General Conditions, Special Conditions, and General Requirements)

1.1 SCOPE
A. Perform all structural excavation, trenching, and backfilling work as shown on the plans and as specified herein including, but not necessarily limited to, the following:

1. Utility trenches

2. Footings

3. Irrigation lines
B. Related work specified elsewhere:

1. Earthwork and Grading – Section 31 22 00

2. Site Concrete – Section 32 13 13

3. Planting Irrigation – Section 32 84 00

4. Landscape Soil Preparation – Section 32 91 13

5. Site Drainage – Section 33 40 00

1.2 STANDARDS
A. Unless otherwise shown or specified, all materials and methods shall conform to the most current Section 19 “Earthwork” of the State of California, Department of Transportation, Standard Specifications (DTSS) as they reasonably apply to this work, except for measurement and payment requirements.

PART 2 – PRODUCTS

2.1 MATERIALS
A. Backfill material shall consist of the same material specified under paragraph 2.1B in Section 31 22 00 Earthwork and Grading, unless otherwise indicated on the plans.

B. General Backfill: Backfill material shall be approved by the City’s Representative prior to its use. Excavated material and excess material from site grading may be re-used for backfilling and grading, provided such fill is homogeneous, free from rocks, rubbish, organic material, etc., and consists of fragments capable of being

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thoroughly crushed and consolidated into a dense, uniform compact fill, and shall m
eet the following requirements:

Sieve Size Percent Passing
1 inch 100
3/4 inch 95 - 100
No. 200 10 - 75
Plasticity index 12 maximum
PART 3 – EXECUTION

3.1 EXCAVATING AND BACKFILLING FOR TRENCHES
A. Perform all necessary excavation, shoring, pumping and dewatering, and backfilling required for the proper laying of all underground pipes and conduits.

B. All piping in ground shall have a minimum cover of 1'-6", except as otherwise indicated on the plans, and shall be laid in ditches dug true to grade and line, avoiding sharp breaks. Piping shall bear equally over its entire length at the bottom of the ditch. Rock or unstable material encountered at grade shall be replaced with sand fill to a depth of 6 inches below pipe.

C. Backfill (drainage trenches): Drain rock as defined in Section 33 40 00 Site Drainage Utilities.

D. Backfill (non-drainage trenches): Fill trenches with excavated material in 6 to 8 inch uncompacted thick layers, compacted to 90% minimum relative density.

Backfill shall be moisture-conditioned to to at least 3 percentage points above the optimum moisture content for expansive soil and 1 percentage point above optimum moisture content for non-expansive soil in accordance with ASTM D 1557-02e1.

E. Backfilling shall be commenced as soon as practical after subsurface work is installed and reviewed by the City’s Representative.

F. No wood or debris shall be buried in any fill. The fill material shall be non- expansive, meeting the criteria of paragraph 2.1B in Section 31 22 00 Earthwork and Grading.

G. Provide shoring, excavation, pumping and other requirements as necessary at excavations for points of connection.

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3.2 S TRUCTURAL EXCAVATION AND BACKFILL
A. Structural Excavation: Make all excavation to the grades and elevations shown on the plans, or to the subgrades required to obtain the finished grades shown thereon. Accurately cut footing trenches. Where footings are to be cut "neat", the trench or excavation width shall be increased by 2 inches from the dimensions shown on the plans, so as to permit pouring footings against earth banks. If soil type or weather does not permit such excavations, excavate wide enough to permit full forming of footings. If any excavation is made below proper grade, the City’s Representative shall be immediately notified, and the grade shall be restored in whatever manner the City’s Representative directs, at no expense to the City. All excavation shall be kept free of standing water until concrete work, paving or backfilling is complete. Shore and brace excavations when required to prevent cave ins.

B. Foundations from previous structures, underground utilities or other buried structures shall be removed in their entirety and replaced with compacted engineered fill.

C. When zones of soft or saturated soils are encountered at the over-excavated levels during excavation and compaction, deeper excavation shall be required to expose firm soil. This shall be determined in the field by the City’s Representative.

3.3 SURPLUS MATERIAL
A. Any excavated material which proves to be unsuitable, or which is not required for backfilling, shall be removed from the immediate work area and disposed of off-site.

3.4 CLEAN-UP
A. Upon completion of the work under this Section, remove immediately all surplus materials, rubbish and equipment associated with or used in the performance of this work. Failure to perform such clean-up operations within 48 hours shall be considered adequate grounds for having the work completed by others at the Contractor’s expense.

END OF SECTION 31 23 00

LANDSCAPE MAINTENANCE 32 01 90
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SECTION 32 01 90 LANDSCAPE MAINTENANCE
P
ART 1 – GENERAL
(See also General Conditions, Special Conditions, and General Requirements)

1.1 SCOPE
A. Perform all landscape maintenance operations as shown on the plans and as specified herein including, but not necessarily limited to, the following:

1. Soil testing

2. Plant establishment

3. Insect and disease control

4. Irrigation system maintenance
B. Related work specified elsewhere:

1. Planting Irrigation – Section 32 84 00

2. Landscape Soil Preparation – Section 32 91 13

3. Landscape Planting – Section 32 93 00

1.2 SUBMITTALS
A. Soil Testing: Contractor shall collect one one-quart samples in the container planting areas of the in-place topsoil 20 days after completion of planting, and submit the samples to Waypoint Analytical, Inc. of Anaheim, (714) 282-8777, for maintenance period fertilizer recommendations. Test results shall be made available to the City’s Representative. Sample shall be a representative composite taken from several planting areas. Cost of soil testing shall be paid for by the Contractor.

B. Herbicide/Fungicide/Insecticide: Submit a written recommendation from a State of California appropriately licensed individual along with complete product data from proposed manufacturer, for review by the City’s Representative and/or the City’s appropriately licensed individual.

1.3 SCHEDULE
A. Work in this Section will not begin until the irrigation audit has been completed.

B. Maintenance Period shall be for a minimum period of ninety (90) calendar days after pre-final inspection.

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C. M aintenance and Warranty Period shall be per 00 72 13 General Conditions.

PART 2 – PRODUCTS

2.1 MATERIALS
A. Fertilizer: Used during the course of the maintenance period shall be determined by the soils test required under paragraph 1.2A above. For bidding purposes only, assume the use of ammonium sulfate (21 0 0) at 5 lbs. per 1000 sq. ft., minimum of two applications.

B. Water: During the course of construction and maintenance period, water shall be paid for by the Contractor.

C. Herbicide/Fungicide/Insecticide: Shall be a commercially available chemical recommended for this project and these plantings by a State of California appropriately licensed individual. The licensed individual shall review all planting, including but not limited to groundcovers, shrubs, and trees, the types and extent of soil preparation, the irrigation systems, drainage patterns, and other project characteristics to verify type, compatibility, and recommend the appropriate chemical(s) for use. The Contractor shall be responsible for all overspray, spreading, runoff, plant health, and other impacts from the use of the chemical(s).

D. Animal Control Materials: None required under these specifications.

PART 3 – EXECUTION

3.1 GENERAL
A. Time Limits: The Maintenance Period shall commence from the date of Substantial Completion of planting as defined in paragraph 3.3A below, and extend for the time period specified in paragraph 1.3B above, or until the acceptance of Final Completion.

B. Fertilizer Application: Fertilizer(s) shall be applied per Waypoint Analytical, Inc. recommendations. For bidding purposes only, assume initial application to be four weeks after planting and subsequent applications to be at 45-day intervals.

C. Herbicide Application: Herbicide shall not be used until all plant material has been planted a minimum of 20 days. All planting areas shall be kept weed free by non- herbicide methods during this time period. Herbicide shall not be applied to any areas that are or have been seeded. Contractor must apply the material in

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conformance with the written recommendations of the State appropriately l
icensed individual.

D. Basic Requirements: All planting areas shall be kept weed-free at all times during the Maintenance Period. All pest and disease control shall be the Contractor’s responsibility. All planting areas shall be kept at optimum moisture for plant growth. Settlement of soil and plants and soil erosion shall be repaired and areas replanted as required. Dying or deficient plants shall be replaced as soon as they become apparent.

3.2 RESPONSIBILITIES AND GUARANTEE
A. Damage Repairs: Work installed under this contract that is damaged or stolen prior to Substantial Completion shall be repaired or replaced by the Contractor without cost to the City. After Substantial Completion and through the Maintenance Period, these damages and similar factors such as extensive litter, abuse and defacement shall be the City’s responsibility to repair or replace and shall not be a part of this contract.

B. Planting Guarantee: No planting shall be guaranteed beyond the Maintenance Period, except as to conformance to specified species and variety, and except as to conditions specified under paragraph 2.1D "Root Systems" in Section 32 93 00 Landscape Planting.

3.3 SUBSTANTIAL COMPLETION
A. Shall be deemed as the time when all major plantings, including groundcover, are installed, and when all other work is satisfactorily completed, with the exception of minor items to be completed as noted in a checklist compiled by the City’s Representative. The Maintenance Period shall not commence until work is deemed substantially complete by the City’s Representative.

3.4 FINAL REVIEW
A. Contractor shall request a final review of the project at least five (5) working days in advance of the proposed date. Failure to request this notice shall automatically extend the date of completion. The maintenance period will continue until project is deemed complete.

END OF SECTION 32 01 90

TREE PROTECTION AND PRUNING 32 01 91
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SECTION 32 01 91 TREE PROTECTION AND PRUNING
P
ART 1 – GENERAL
(See also General Conditions, Special Conditions, and General Requirements)

1.1 SCOPE
A. Perform all tree protection and pruning as shown on the plans and as specified herein including, but not necessarily limited to, the following:

1. Installation of tree protection fencing

2. Tree protection measures
B. Related work specified elsewhere:

1. Demolition – Section 02 41 13

2. Earthwork and Grading – Section 31 22 00

3. Trenching and Backfilling – Section 31 23 00

4. Site Drainage Utilities – Section 33 40 00

1.2 STANDARDS
A. All work shall be performed in accordance with ANSI-A300 best management practices for tree protection during construction.

1.3 REFERENCES
A. ANSI-A300, Part 5: Management of Trees and Shrubs during Site Planning, Site Development, and Construction, current edition.

B. Glossary of Arboricultural Terms, International Society of Arboriculture, Atlanta, GA.

1.4 DEFINITIONS
A. The term “Tree Protection Zone” (TPZ) shall mean the area beneath a tree’s canopy, or all area within a distance from the trunk equal to five times the tree’s Diameter at Breast Height (DBH), whichever is greater.

1.5 ACCESS AND STORAGE

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A. P rior to commencement of work, the Contractor shall meet on-site with the City’s Representative to review scope of work, work procedures, access routes, storage areas, and tree protection measures.

B. No grading, demolition, trenching, parking, storage or dumping of any construction materials is allowed within the TPZ, unless specifically noted on the plans. Exceptions must be reviewed and approved by the City Arborist as noted in paragraph 1.6B below.

1.6 COORDINATION AND SCHEDULING OF WORK
A. All work shall be scheduled and conducted in a cooperative manner in order to give the least possible interference with or annoyance to others. Contractors shall work out any cooperative schedules. Construction of drainage and irrigation lines etc., around existing trees, shall receive priority in scheduling so that trenching, irrigation installation, and backfilling can be done in an expedient manner.

B. Any work that must occur within the TPZ shall be reviewed and approved by the City Arborist. The contractor shall notify the City Arborist a minimum of 48 hours in advance of any activity in the TPZ.

PART 2 – PRODUCTS

2.1 FENCING
A. All trees to be retained shall be temporarily fenced as indicated on the plans, and in accordance with City standards for tree protection during construction. If plans and City standards conflict, the more stringent standard shall prevail.

PART 3 – EXECUTION

3.1 PRESERVATION OF EXISTING TREES
A. Protection: Shall be as indicated on the plans and in accordance with City Standard Details.

1. Fencing shall be erected before any demolition or construction activities take place on-site and shall not be removed or modified before the end of the project without written authorization from the City Arborist.

2. Fencing may be installed in a single run around multiple trees.

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B. P runing: Pruning of roots shall be performed under the supervision of an Arborist certified by the International Society of Arboriculture (ISA) and approved by the City Arborist.

C. Removal: Shall be as specified in Section 02 41 13 Demolition.

D. Root Cutting: Prior to approved excavation within a TPZ, a trench shall be dug along the edge of the excavation closest to the tree trunk. This trench shall by dug by hand or with an air spade to a depth of 30 inches, and shall be of a sufficient width to manually sever any roots encountered greater than 2 inch diameter. Cuts shall be made perpendicular to the direction of the root’s growth, using a clean hand saw. After roots are cleanly severed, excavation equipment may be used as required on the side of the trench farthest from the tree.

1. Within one hour of cutting or exposure, roots shall be covered with moist soil or with burlap that is kept wet until the excavation can be backfilled and watered thoroughly.

E. Debris Removal: All trimmings, stumps, roots, logs, sod, or any other form of debris resulting from this work shall be cleaned up and legally disposed of off-site at the Contractor’s expense. Stumps shall be ground to 12 inches below grade.

F. Watering: Provide supplemental irrigation as necessary during construction to prevent drought stress.

1. If trees show stress, it may become necessary for the Contractor to perform deep root watering as required at no extra cost to the City.

END OF SECTION 32 01 91

SITE CONCRETE 32 13 13
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SECTION 32 13 13 SITE CONCRETE
P
ART 1 – GENERAL
(See also General Conditions, Special Conditions, and General Requirements)

1.1 SCOPE
A. Furnish and install all site concrete as shown on the plans and as specified herein including, but not necessarily limited to, the following:

1. Play area curb, flush and raised

2. Non-structural footings and other miscellaneous concrete work

3. Forms and reinforcing
B. Related work specified elsewhere:

1. Earthwork and Grading – Section 31 22 00

2. Site Drainage Utilities – Section 33 40 00

1.2 STANDARDS
A. Unless otherwise shown or specified, all materials and methods shall conform to the appropriate current sections of:

1. City Standards for Public Improvements.

2. The State of California, Department of Transportation Standard Specifications (DTSS), latest edition, Sections 52 “Reinforcement”, 73 “Concrete Curbs and Sidewalks”, and 90 “Concrete”, except for measurement and payment requirements.

3. Applicable ASTM Specifications as they reasonably apply to this work, except for measurement and payment requirements.

4. American Concrete Institute (ACI), current standards.

1.3 TOLERANCES
A. Tolerances for subgrade, subbase and finished grade shall be as specified by the DTSS except that the Contractor shall deliver the full aggregate base and concrete thickness shown. No combination of high and low tolerances that compromise the section will be permitted.

1.4 QUALITY CONTROL

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A. C oncrete Final Finishes: The Contractor shall demonstrate to the satisfaction of the City’s Representative that they, or their subcontractor, possesses sufficient skills and experience to perform the work. Photographs and/or site visits of past work may be required to supply this information.

B. Sample Mockups: A two (2) feet length of the concrete play area curb shall be poured and finished at the site for the City’s Representative to review prior to commencing concrete pouring. Once the samples have been reviewed, the Contractor shall meet or exceed that quality of finish in all subsequent work. The Contractor shall be responsible for removal of the samples at the completion of the work.

1.5 SUBMITTALS
A. The following shall be submitted by the Contractor to the City’s Representative in accordance with the applicable portions of the referenced specifications:

1. The proposed mix design, giving the brand of cement, type, gradations and source of aggregates, water/cement ratio, mix proportions, and unit weight.

2. Manufacturer’s literature for admixtures, embedded items, liquid membrane-form curing compound, and non-shrink grout.

3. Certification that materials are in compliance with specification requirements.

4. Method of transporting and placing concrete.

1.6 JOB CONDITIONS
A. Weather Limitations: Construct concrete surface course only when atmospheric temperature is above 40 degrees F., when the underlying base is dry, and when weather is not rainy.

B. Grade Control: Establish and maintain the required lines and grades, including cross-slope during construction operations. All concrete shall slope to drain with no ponding of water.

PART 2 – PRODUCTS

2.1 MATERIALS
A. Forms and Reinforcing: Per DTSS Section 52 “Reinforcement”.

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B. C oncrete: All curbs shall conform to “Minor Concrete” as defined in DTSS Section 73 “Concrete Curbs and Sidewalks”. All other concrete structures shall conform to “Minor Concrete” as defined in DTSS Section 90 “Concrete”.

1. Cement: Type II modified conforming to ASTM-C-150-02a.

2. Aggregate: Shall not be less than 3/8 inch or more than 1 inch in size.

3. Compression strength at 28 days to be a minimum 3,000 p.s.i.

C. Color Admixture

1. For concrete footings and all other visible concrete, add Hi-con black at a rate of 1/8 lb. per sack.

D. Expansion Joint Filler: Shall be Fibre Joint, manufactured by W.R. Meadows Seal Tight, conforming to ASTM D-1751, or approved equal.

E. Cleaning Agents: As required.

F. Aggregate Base: Per DTSS Section 26 “Aggregate Bases”, Class 2, with 3/4 inch maximum size.

PART 3 – EXECUTION

3.1 PREPARATION
A. Clear area to be paved of all debris and organic material. Recompact and regrade as necessary prior to placement of concrete. Verify that the subgrade and/or aggregate base is properly compacted and at suitable grade.

B. Before beginning paving work and during construction, take all steps necessary for protection of existing improvements. As the concrete is being placed, extreme care shall be taken not to discolor or damage any improvements. If damage occurs, repair same, and if satisfactory repair cannot be made, remove and replace the section as directed.

C. Formwork and Reinforcement:

1. Assure that excavations and formwork are completed.

2. Check that reinforcement is secured in place.

3. Verify that expansion joint material, anchors, and other embedded items are secured in position.

3.2 INSTALLATION

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A. F inishes

1. Trowel Finish: For play area curb, provide smooth trowel finish, parallel to longest surface direction.

3.3 CLEAN-UP: Upon completion of the work under this Section, remove immediately all surplus materials, rubbish, and equipment associated with or used in the performance of this work.

END OF SECTION 32 13 13

DECOMPOSED GRANITE PAVING 32 15 40
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SECTION 32 15 40 DECOMPOSED GRANITE PAVING
P
ART 1 – GENERAL
(See also General Conditions, Special Conditions, and General Requirements)

1.1 SCOPE
A. Furnish and install all decomposed granite paving as shown on the plans and as specified herein including, but not necessarily limited to, the following:

1. Decomposed granite

2. Stabilizer
B. Related work specified elsewhere:

1. Site Concrete – Section 32 13 13

1.2 QUALITY CONTROL
A. Standards: Unless otherwise shown or specified, all materials and methods shall conform to the appropriate current sections of:

1. The current edition of the State of California, Department of Transportation Standard Specifications (DTSS) Section 20-5 “Landscape Elements”.

2. Applicable ASTM Specifications as they reasonably apply to this work.

B. Tolerances: Tolerances for subgrade, subbase, and finish grade shall be as specified by DTSS, except that the Contractor shall deliver the full decomposed granite thickness shown. No combination of high and low tolerances that compromise the section will be permitted.

C. Reviews: Contractor shall stake and layout all paving areas for review by the City’s Representative prior to excavation.

D. Sample Mockup: The Contractor shall demonstrate to the satisfaction of the City’s Representative that they or their subcontractor possesses sufficient skills and experience to perform the work in all aspects required. A 5 square foot sample of decomposed granite paving shall be installed at the site for review and approval by the City’s Representative. The Contractor shall meet or exceed that quality of work in all subsequent work. The Contractor shall be responsible for the removal of the sample at the completion of work.

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1.3 S UBMITTALS
A. Decomposed Granite: A one-quart sample with supplier and source clearly indicated of decomposed granite to be used shall be submitted to the City’s Representative for approval prior to delivery to the site.

B. Stabilizer: Submit product data.

PART 2 – PRODUCTS

2.1 MATERIALS
A. Soil Sterilant: Shall be a commercially available herbicide recommended for this project by a State of California appropriately licensed individual. The licensed individual shall review the type of construction, soils, base, adjacent plantings, time and season of application, and other project requirements; verify compatibility; and recommend procedures for proper application in accordance with the label. The Contractor shall be responsible for all overspray, spreading, or runoff of material into adjacent areas.

B. Decomposed Granite: Decomposed granite, hereafter referred to as “DG”, shall be Sunset Gold Path Fines with a 3/8 inch minus gradation as available from Lyngso Garden Materials, Inc, 345 Shoreway Road, San Carlos, CA 94070, phone (650) 364-1730, to match existing newly installed DG, per the following specifications:

Sieve Size Percent Passing
3/8 inch 100
No. 4 96
No. 8 73
No. 30 52
No. 50 26
No. 100 19
No. 200 14.6

1. The yellow-brown color of decomposed granite to match the existing adjacent DG is a requirement for this material.

C. Stabilizer: Decomposed granite stabilizer shall be a patented, non-toxic organic binder that is a colorless and odorless concentrated powder that binds decomposed granite paving to produce a firm surface; Natracil or approved equal.

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PART 3 – EXECUTION

3.1 INSTALLATION
A. Mixing: The stabilizer shall be pre-mixed with the decomposed granite material by the supplier before being delivered to the project site. Bucket mixing or on-site mixing is prohibited. The ratio of stabilizer to decomposed granite shall be per the manufacturer’s specification.

B. Immediately prior to placing the decomposed granite, the aggregate base shall be moistened.

C. The decomposed granite shall be deposited in such a manner as to minimize the necessity for spotting, picking up, or otherwise shifting the decomposed granite.

The decomposed granite shall be leveled by raking and compacted by use of a light roller.

D. Fill in any low spots or cracks with additional decomposed granite.

3.2 GRADES
A. The finish grades of the decomposed granite paving shall conform to the lines and grades on the plans and allow for drainage.

3.3 CLEAN-UP
A. All waste produced as a result of decomposed granite paving construction shall be removed from the site and disposed of legally. All excess decomposed granite shall be removed from planting areas.

END OF SECTION 32 15 40

PLAYGROUND PROTECTIVE SURFACING 32 18 16
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SECTION 32 18 16 PLAYGROUND PROTECTIVE SURFACING
P
ART 1 – GENERAL
(See also General Conditions, Special Conditions, and General Requirements)

1.1 SCOPE
A. Furnish and install all playground protective surfacing as shown on the plans and as specified herein including, but not necessarily limited to, the following:

1. Poured-in-place rubber surfacing
B. Related work specified elsewhere:

1. Play Equipment – Section 11 68 13

2. Earthwork and Grading – Section 31 22 00

1.2 STANDARDS
A. All surfacing shall meet ASTM F1292 Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground Equipment.

B. Poured-in-place rubber surfacing shall meet the following standards:

1. ASTM D412 Standard Test Methods for Vulcanized Rubber and Thermoplastic Rubbers and Thermoplastic Elastomers-Tension.

2. ASTM D624 Standard Test Method for Tear Strength of Conventional Vulcanized Rubber and Thermoplastic Elastomers.

3. ASTM D2047 Standard Test Method for Static Coefficient of Friction of Polish-Coated Floor Surfaces as Measured by the James Machine.

4. ASTM D2859 Standard Test Method for Flammability of Finished Textile Floor Covering Materials.

5. ASTM E303 Standard Test Method for Measuring Surface Frictional Properties Using the British Pendulum Tester.

6. ASTM F1951 Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment.

7. ASTM 3313 Test Method for Determining Impact Attenuation of Playground Surfaces Within the Use Zone of Playground Equipment as Tested in the Field.

1.3 SUBMITTALS

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A. P oured-in-Place Rubber Surfacing

1. Samples: Submit a one pint sample of rubber granules for each color specified.

2. Product Data: Submit manufacturer’s product data and installation instructions.

3. Manufacturer’s test data identifying the critical height of material per specified base and wear course depths.

4. Performance Data: Provide certified product test data from independent (third-party) laboratory reports indicating compliance with ASTM tests as follows:
a. Accessibility: Certification of compliance with ASTM F1951 b. Shock attenuation (ASTM F1292):
1) Gmax: Less than 200
2) Head Injury Criteria: less than 1000 for fall height shown on plans
c. Flammability (ASTM D2859): Pass
d. Tensile Strength (ASTM D412): 60 psi (413 kPa)
e. Tear Resistance (ASTM D624): 140%
f. Water Permeability: 0.4 gal/yd2/second
B
. Quality Assurance Submittals

1. Submit a listing of at least 5 installations where products similar to those proposed for use have been installed and have been in successful service for a minimum period of 3 years. This list shall include the name of the owner or purchaser, address of installation, date of installation, contact person, and phone number.

2. Submit certificate of qualifications of the playground surfacing installer in compliance with Section 1.4 below.

3. Post-construction Testing of Protective Surfacing: Submit test data identifying the critical height, head injury criteria, and G-Max of the installed surfacing, conducted by a Certified Playground Safety Inspector.

Refer to Section 3.6 below.

C. Closeout Submittals

1. Submit warranty documents specified in Section 1.6 below.

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1.4 Q UALITY ASSURANCE
A. Qualifications of Playground Protective Surfacing Installer

1. Utilize an installer approved and trained by the manufacturer of the playground protective surfacing system, having experience with other projects of the scope and scale of the work described in this Section. The installer shall have the following certifications:
a. Certification by the product manufacturer that the installer is an approved applicator of the playground protective surfacing system. b. Certification by the International Play Equipment Manufacturers Association (IPEMA).

2. The playground protective surfacing installer shall have operated its company for a minimum of 5 years in North America and shall have installed playground surfacing at a minimum of 20 separate project sites in North America with a minimum of 1,000 s.f. of playground surfacing installed at each site.

B. Qualifications of Playground Protective Surfacing Product

1. The playground protective surfacing manufacturer shall have operated its company for a minimum of 4 years in North America and shall have had a minimum of 40 installations of its products in North America with a minimum of 1,000 s.f. of playground surfacing installed at each site.

C. Proposition 65 Compliance: Consumer product warning requirements shall be as specified in Article 6 “Clear and Reasonable Warnings” in Title 27 of the California Code of Regulations. Locations, quantities, content, layout and dimensions of product warnings shall be “clear and reasonable” as determined by the State.

D. Post-construction Playground Safety Inspection: Upon completion of the play equipment and protective surfacing installation and prior to its first use, the Contractor shall submit a certification of compliance as specified in Section 11 68 13 Play Equipment.

1.5 DELIVERY, STORAGE AND HANDLING
A. Delivery: Deliver materials in manufacturer’s original, unopened, undamaged containers with identification labels intact.

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B. S torage and Protection: Store materials protected from exposure to harmful environmental conditions, and at a minimum temperature of 40 degrees F. and a maximum temperature of 90 degrees F.

1.6 WARRANTY
A. Manufacturer’s Warranty: Submit the manufacturer’s standard warranty document executed by an authorized company official for the City’s acceptance.

Manufacturer’s warranty is in addition to, and not a limitation of, other rights that the City may have under the contract documents.

1. The manufacturer’s warranty shall be insured by a third-party insurer.

2. The minimum warranty period from the date of completion of the work shall be as follows:
a. Poured-in-Place Rubber Surfacing: ten (10) year pro-rated warranty, with full warranty coverage in the first five (5) years and pro-rated warranty beginning in year six (6).

3. Warranty shall stipulate that protective surfacing product shall maintain required impact attenuation characteristics and remain free from defects in materials and workmanship and serviceable for its intended use for the duration of the warranty period.

4. Defects in materials and workmanship discovered during the warranty period shall be corrected by the Contractor at no cost to the City.

PART 2 – PRODUCTS

2.1 MATERIALS
A. Poured-in-Place Rubber Surfacing: Shall be Surface America, Inc., Playbound Poured-In-Place System, as supplied by Ross Recreation, (707) 538-3800, or approved equal.

1. Poured-in-Place Primer: Polyurethane

2. Poured-in-Place Cushion Course: Blend of 100% recycled SBR (styrene butadiene rubber) and polyurethane.
a. Thickness: Cushion course thickness shall be as required to meet or exceed the maximum critical fall height shown on plans and to pass the post-construction testing of the playground safety surface. b. Formulation Components: Blend of strand and granular material

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3. P oured-in-Place Wear Course: Blend of recycled EPDM (ethylene propylene diene monomer) and polyurethane.
a. Thickness: Nominal 1/2 inch
b. Dry Static Coefficient of Friction (ASTM D2047): 1.0 c. Wet Static Coefficient of Friction (ASTM D2047): 0.9 d. Dry Skid Resistance (ASTM E303): 89
e. Wet Skid Resistance (ASTM E303): 57

4. Mix Requirements: Required mix proportions by weight:
a. Cushion Course: 14% polyurethane, 86% rubber
b. Wear Course: 18% polyurethane, 82% rubber

5. Finishes
a. Colors for poured-in-place rubber surfacing shall be as indicated on the plans.
b. The UV Resistant Aliphatic binder shall be used.

B. Approved Alternative Surfacing

1. Shall be GT Impax Flexground EnduraFlex TPV with Aliphatic binder, with 10-year prorated warranty, as supplied by MRC, contact David Zehnder, (510) 227-9650.

PART 3 – EXECUTION

3.1 MANUFACTURER’S INSTRUCTIONS
A. Comply with the instructions and recommendations of the playground protective surfacing manufacturer.

3.2 SUPERVISION
A. Manufacturer certified personnel must be present on-site during all phases of playground protective surfacing installation.

3.3 PREPARATION
A. Subsurface Verification: Verify that the substrate conditions provide positive drainage and are suitable for installation of the playground protective surfacing.

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B. S ubsurface Compaction: The permeable base course shall be mechanically vibrated to achieve a dense, compacted surface with an equivalent 95% relative density per ASTM D1557, to provide a non-yielding smooth, flat surface.

C. Subsurface Grades: Tolerance of permeable base rock underneath playground protective surfacing shall not exceed 1/4-inch in any direction when measured beneath a 10-foot long straight edge. Where existing low or high points occur on the base course surface outside of the tolerances specified herein, these areas shall be leveled such that the specified planarity is achieved.

D. Drainage: Verify that subsurface drainage has been installed to provide positive drainage.

E. Do not proceed with installation until unsuitable conditions are corrected.

3.4 INSTALLATION
A. Poured-in-Place Rubber Surfacing

1. Environmental Requirements: Install surfacing system on a dry subsurface, with no prospect of rain within the initial drying period, at temperatures recommended by the manufacturer. Installation in weather conditions of extreme heat, less than 55 degrees F., and/or high humidity may impact cure time, and the structural integrity of the final product. The immediate surroundings of the site shall be reasonably free of dust conditions and poor particulate air quality, which will impact the final surface look. The manufacturer’s installation manager shall reserve the right to control the installation based on these factors without penalty to the installer.

2. Surface Preparation: Using a brush or short nap roller, apply primer to the substrate perimeter and any adjacent vertical barriers such as playground equipment support legs, curbs or slabs that will contact the surfacing system at the rate of 300 ft2/gal .
3 . Do not proceed with playground surfacing installation until all applicable site work, including substrate preparation, fencing, playground equipment installation and other relevant work, has been completed.

4. Cushion Course Installation:
a. Using screeds and hand trowels, install the cushion course at a consistent density of 29 pounds, 1 ounce per cubic foot to the specified thickness.