Milpitas City Council
June 16, 2026

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subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

ARTICLE 32 EMPLOYMENT OF APPRENTICES
A. Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.

B. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

C. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7.

D. The responsibility for compliance with this Article shall rest upon the Contractor.

ARTICLE 33 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law.

Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract.

Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for or referred to herein.

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Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for herein.

Employment Eligibility; Failure to Comply. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for herein; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

ARTICLE 34 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.

ARTICLE 35 LABOR/EMPLOYMENT SAFETY
The Contractor shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States.

The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512.

The Contractor shall submit the Illness and Injury Prevention Program and a Project site specific safety program to the City prior to beginning Work at the Project site. Contractor shall maintain a confined space program that meets or exceeds the City Standards. Contractor shall adhere to the City’s lock out tag out program.

ARTICLE 36 INSURANCE
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish City with original certificates of insurance and endorsements effective coverage required

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by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences.

A. Additional Insureds; Waiver of Subrogation. The City, its elected and appointed officials, officers, attorneys, agents employees and volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder.

Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties.

B. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code.

The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.

C. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.

D. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The

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policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage.

If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.

1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law.

2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.

3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property.

4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.

5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

E. Automobile Liability Insurance. Contractor shall provide “occurrence” form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of

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automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

F. Builder’s Risk [“All Risk”]

1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City. The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work.

2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and City, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by City.

3. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to City to ensure adequacy and sublimit.

4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract. b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage.

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G. Contractor’s Pollution Liability Coverage. Contractor shall provide pollution liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate.

H. Contractor shall require all tiers of sub-contractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by City. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.

ARTICLE 37 FORM AND PROOF OF CARRIAGE OF INSURANCE
A. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or selfinsured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

B. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers.

C. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.

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D. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

E. City reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.

F. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.

ARTICLE 38 TIME FOR COMPLETION AND LIQUIDATED DAMAGES
A. Time for Completion/Liquidated Damages. Time is of the essence in the completion of the Work. Work shall be commenced within ten (10) Days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If the Work is not completed as stated in the Contract Documents, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed as determined by the City. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.

B. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. The Contractor shall implement measures and make contingencies as may be required to protect the Work and to all allow Work to proceed during wet or inclement weather to prevent delay or stoppage.

Extension of Time Due to Weather Delays: The City and Contractor mutually agree that excusable delay events associated with the occurrence of inclement weather will be based only on conditions that were not foreseeable at the time the Contract was entered into. The Contractor’s construction schedule shall include an allowance for the following schedule of expected weather delay days. If the Contractor encounters fewer inclement weather days per month or in total than shown below, then the City has the right to use the unencountered balance of days as an offset against any other claims for excusable delays or Owner-caused

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delays. Actual inclement weather days must prevent work on critical activities for 50 percent or more of the Contractor’s scheduled work day. All Contractor claims for excusable delay due to excessive inclement weather shall be for critical path work only and must be supported by a Time Impact Analysis as described in Article

42. No additional compensation will be granted for an excusable delay.

Month Calendar Days
January 6
February 6
March 7
April 4
May 3
June 1
July 0
August 1
September 2
October 2
November 3
December 5
Total Annual Inclement Weather Days 40
C. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.

D. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the 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. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

ARTICLE 39 SCHEDULE OF VALUES, COST BREAKDOWN AND PERIODIC ESTIMATES Contractor shall furnish on forms Approved by the City:

A. When requested by the Engineer, and within ten (10) Days of Notice to Proceed with the Contract, the Contractor shall provide a Schedule of Values consisting of a detailed estimate giving a complete breakdown of the Contract price for each lump sum bid item in the Contract.

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B. 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.

C. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.

D. Following the City’s Acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request.

E. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

ARTICLE 40 PROGRESS ESTIMATES AND PAYMENT
A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date work was first commenced and ending on the end of the calendar month for which the payment request is prepared.

Contractor shall include any amount earned for authorized extra work. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section B below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request.

B. The Contractor shall provide an updated project schedule with each payment request.

C. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in his judgment may be necessary to cover:

1. Payments which may be past due and payable for just claims against Contractor or any subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract.

2. Defective work not remedied.

3. Failure of Contractor to make proper payments to his subcontractor or for material or labor.

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4. Completion 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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deposited 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 locally 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 lowest 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 tools 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 reasonably and necessarily incurred and paid by Contractor for

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labor, 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, materials 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. Labor. 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 operators 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 proportioned 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 invoice 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. Rental 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
allowed while equipment is inoperative due to
breakdowns.
(b) Computation Method. The following shall be used in
computing 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 equipment 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. Special Services. Special work or services are defined as that Additional 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
Representative 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 will 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 Contractor’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 offices;
iii. Capital Expenses. Any part of Contractor’s capital expenses, 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 that remain the property of Contractor;
vii. Administrative Costs. Costs associated with the preparation of Change 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
computation 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
consultants 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 (including 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. Contractor 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. Float 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. Contractor 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 entitlement 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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ARTICLE 43 FINAL ACCEPTANCE AND PAYMENT
A. Final Inspection. Upon written notice from Contractor that the entire Work is complete, 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 (asbuilts), 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. Application for Payment. Upon execution of the Notice of Completion, Contractor 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 observation 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 waiver 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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ARTICLE 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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Drawings
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. Mediation. 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. Complete 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 reasonable 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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ARTICLE 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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ARTICLE 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 Engineer of Record.

For purposes of this Project, the Engineer of Record or Engineer shall be:
o Structural Engineer - Jonathan P. Jensen, S.E., Cornerstone Structural Engineering Group
o Civil Engineer – Jason J. Neri, P.E., CBG
o Architect – William E. Gould, AIA, Artik

1.2 Location of the Project.

A The Project is located in the City of Milpitas near the Penitencia East Channel which will connect South Milpitas Boulevard on the north side of the channel with a new connector street between Tarob Court and Sango Court on the south side of the channel.

B The general location of the Project is shown on Drawing Sheet No. C-001.

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

A City has obtained 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. The Agencies having jurisdiction over the portion or all project site includes, but not lmitteid to:
• City of Milpitas Building Department
• Regional Water Quality Control Board (Appendix H)
• California Department of Fish & Wildlife (Appendix I) • U.S. Army Corps of Engineer (Appendix J)
• Santa Clara Valley Water District (Appendix M)
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.

The contractor is solely responsible for coordinating with all regulatory agencies regarding the permits.

B 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.

C 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.

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1.4 Site Data.

A The data provided herein is for the information of Contractor and is subject to all limitations and conditions set forth in the Contract Documents.

B Subsurface Exploration Data. The following data are included in the Project Manual:
• Foundation Exploration 2017, ENGEO – January 5, 2017 (Appendix D) and Revised on March 26, 2020.
• Geotechnical Report 2024, ENGEO – June 17, 2024 (Appendix E) C Other Site Data. The following data are available for inspection at City’s office:
• Risk Management Plan 2020, Envirocom – April 10, 2020 (Appendix G) • Soil and Groundwater Management Plan 2019, Envirocom – February 1, 2019 (Appendix K)
Copies of these reports, drawings and other materials may be examined at City’s office during regular business hours.

1.5 Designation of City’s Representative.

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

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

1.7 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 $6,700 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.

1.8 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.

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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.

1.9 Schedule Constraints.

A All construction activities including, but not lmitied to, staging, demolition, grading, earthwork, falsework or tempoary access below the plane of ordinary high water shall be confined to the low-flow period, between April 15 and October 15. See permit requirements as specified in Attachments H, I, J and M.

B If any construction must occur during the Nesting Season between January 15 to August 31, the contractor shall retain a qualified biologist to perform a preconstruction survey to determine the presence of nesting birds. If nesting activity is identified, the contractor shall implement all mitigation measures recommended by the biologist to protect the nesting area.

C Contractor is responsible for reviewing and adhering to all permit requirements as specified within the project’s specifications.

Compliance with these measures is mandatory, and any failure to adhere may result in work stoppages. The Contractor is responsible for planning operations, sequencing, and resource allocation to comply with these restrictions. The City has considered these Schedule Constraints when determining the Contract Times, and no additional time or compensation will be added to the Contract due to these Constraints.

1.10 Coordination with Other Contractors.

A In addition 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
• Private Development’s Contractor across the project site (Toll Brothers Inc.) • Santa Clara Valley Water District
• PG&E
• Anton Milpitas LLC (1828 S. Milpitas Blvd)
• The Harlowe LLC (1821 S. Milpitas Blvd)
• H.T. Harvey (City Biologist)
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.

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1.11 Environmental Mitigation & Monitoring
A. Contractor shall follow all requirements set in the Risk Management Plan (Appendix G) and Soil and Groundwater Management Plan (Appendix K) due to past site contamination. This includes, but is not limited to:

1. Separating and storing soil/building materials until testing is completed

2. Off-hauling and disposal of any contaminated soil/building materials at appropriate disposal site with no additional cost to the City.

3. Adherence to Health and Safety Plan (to be completed by City furnished environmental specialist)
B. Contractor shall follow Mitigation Monitoring and Reporting Program (MMRP) (Appendix O) and follow all actions as listed in the attachment. Implementation of all listed items is solely the responsibility of the contractor.

1.12 Archeology
A. If cultural materials are discovered during construction, contractor shall inform the City promptly and work shall be halted in that area until a qualified archaeologist has assessed the potential discovery and determined the need for further action.

END OF SPECIAL CONDITIONS

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PART 1 GENERAL

1.1 DESCRIPTION
A. The Project purpose is to construct a bridge across Penitencia East Channel (Channel) to connect South Milpitas Boulevard on the north side of the channel with a new connector street between Tarob Court and Sango Court on the south side of the channel. Project work includes extending South Milpitas Boulevard approximately 250 feet from its current termination point to a new intersection, constructing connections to the existing Valley Water maintenance roads, extending existing potable water and recycled water lines, constructing sidewalk, curb, gutter, and bioretention, and demolishing an existing vacant office building and associated parking lot.

PART 2 (NOT USED)
PART 3 EXECUTION

3.1 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.

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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.
(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.

3.2 SCHEDULE
A. Constraints. Noise control shall conform to the provisions in the most current version of the City of Milpitas Noise Abatement Ordinance, Ord. No. 196.6. Per Ord. No. 196.6, Municipal Code Section V-213. No person shall engage or permit others to engage in construction of any improvements or in the construction operations related thereto, including delivery of construction materials, supplies, or improvements on or to a construction site except within the hours of 7:00 a.m. to 7:00 p.m., on weekdays and weekends. Weekdays shall mean any Monday through Friday that is not defined as a holiday. Weekends shall mean Saturdays and Sundays, that are not holidays. Construction is never permitted on the following City holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and Christmas Day. There shall be exceptions for emergency construction and repair that is necessary for protection of life and property and for operation to construct and maintain facilities within the public rightof-way as deemed necessary by the Engineer. Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to

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trucks, transit mixers or transient equipment that may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. City has considered these Schedule Constraints when determining the Contract Times and no additional time or compensation will be added to the Contract due to this Constraints.

As discussed in the Technical Specifications, the Contractor may also be allowed to work around the clock during certain well drilling and well construction activities, if requested in writing and receives in advance, written approval from the Public Works Director.

B. 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.

C. Construction Schedule Requirements. Refer to Technical Specifications.

D. 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.

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

F. Pre-construction meeting. A meeting will be scheduled by the Engineer with the Contractor at the beginning of the work to review the project requirements and the Contractors proposed construction schedule. The meeting shall be attended by responsible representatives of the Contractor, including the designated Contractor’s Project Manager and Superintendent. The Contractor shall bring a copy of the Base Line Schedule and the Progress Schedule to the Preconstruction Meeting.

G. 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

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or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. When the Contractor’s activities have fallen behind the base line schedule by two weeks or more, the Contractor shall submit a plan for schedule recovery indicating in detail how the Contractor proposes to get the Work back on schedule. Owner reserves the right to require Contractor to adjust, add to, or clarify any portion of any schedule which may later be discovered to be insufficient for monitoring of Work or approval of partial payment requests. No additional compensation will be provided for such adjustments, additions, or clarifications.

H. Daily Construction Reports. On a daily basis, Contractor shall submit a daily activity report to Engineer for each workday, including weekends and holidays, when worked. Contractor shall obtain Engineer’s written approval of report format prior to implementation.

3.3 TEMPORARY FIELD OFFICE
A. Inspector’s Field Office. The installation of a field offices are subject to City Building Permit requirements. Contractor shall be responsible for providing the inspector’s field office. The office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows.

Door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, high-speed internet connection, and a fax machine at Contractor’s expense. A table satisfactory for the study of plans and two chairs shall be provided by Contractor. Contractor shall provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.

B. 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.

C. 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.

3.4 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

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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.

4. Provide 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.

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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.

3.5 SITE CONDITIONS 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 postconstruction conditions.

4. Submittals shall be made within three days of the surveys. All postconstruction 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

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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.

3. Photographs 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.

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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.

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.

J. Cost. Full compensation for the Work involved in the site conditions surveys 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.

3.6 REQUEST FOR INFORMATION

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A. Should the Contractor have questions or doubt as to the true meaning of any part of the plans and specifications during the fulfillment of the contract, the Contractor shall make a written request for information (RFI) to the Engineer for clarification or interpretation of the point or points in question. The Engineer, after receipt of such request, shall give to the Contractor a written clarification of the point or points in questions, which shall be final and binding and become a part of the contract.

The Contractor will be required to certify with signature using the city form that RFI's submitted are not frivolous, and if answers to such RFI's are easily found within the Contract Documents, the RFI may be considered by the Engineer as a frivolous RFI, and no response from the Engineer will be required.

3.7 SUBMITTALS
A. Within ten (10) working days after receiving the Notice to Proceed, the Contractor shall provide a detailed list of all individual submittals required under the contract.

The list shall reference the Specification section/article/paragraph numbers that require the submittal. The list shall also state the date the Contractor plans to transmit the submittal to the Engineer for review. Failure to include items required to be submitted on the list shall not relieve the Contractor from the obligation to provide such submittal. Upon acceptance by the Engineer, the submittal list shall become part of the contract documents.

B. All project submittals shall be submitted to the Engineer within ten (10) working days from the date of the Notice to Proceed unless noted otherwise.

C. The Contractor shall provide five (5) copies of each submittal in accordance with the General Conditions and Technical Specifications for review by the Engineer.

The Engineer will return two (2) copies of the reviewed submittals to the Contractor. Each submittal shal include the City standard submittal transmittal letter.

D. Submittals shall be prepared in such form that data can be identified with the applicable Specification section/article/paragraph. The data shall clearly demonstrate compliance with the Contract Plans and Specifications and shall relate to the specific material, equipment to be furnished, or process to be followed.

Where manufacturer’s standard drawings are employed, they shall be clearly marked to show what portions of the data are applicable to this project. The mark ups shall be by colored highlight or colored stamp, using a color that will copy.

E. Submittal coordination is the responsibility of the Contractor. The responsibility shall not be delegated in whole or in part to subcontractors or suppliers.

F. All submittals (material samples, shop drawings and supporting data, catalogs, schedules, etc.), shall be submitted as the instruments of the Contractor, who shall be responsible for their accuracy and completeness. These submittals may be prepared by the Contractor, subcontractors, or suppliers, but the Contractor shall ascertain that submittals meet all of the requirements of the Contract Documents, while conforming to structural, space, and access conditions at the point of installation. The Contractor shall check all submittals before submitting them to the Engineer.

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G. Each submittal shall relate only to one item or groups of items logically related, and shall be accompanied by the City's Standard Submittal Cover Sheet with the following information identified:

1. Project Name and City Project Number

2. Submittal Number

3. Date Submitted

4. Specification Section reference for submittal

5. Contractor contact information

6. Contact information for subcontractor, supplier, or manufacturer as applicable

7. Shop Drawings shall include a 4” x 5” space provided for review comments

8. Substitutions shall be clearly identified as such

9. Contractor shall certify with signature that submittals are in compliance with the Contract Documents, and are not in conflict or deviate from other project requirements

10. Include required or appropriate certificates for welding, installer, manufacturer, product, material, material test, product test etc.

H. Allow fifteen (15) days, unless otherwise specified for the Engineer’s review of submittals and resubmittals. Note that there are some different requirements for Construction Schedule submittals. No extension of time will be allowed through failure of the Contractor to either transmit submittals sufficiently in advance of the work or on account of resubmittals.

I. Incomplete submittals will not be accepted and will be returned to the Contractor.

J. If the Engineer’s review of a submittal requires cross reference to, or coordination with, another submittal not yet transmitted to the Engineer for review, it will be returned to the Contractor for resubmittal at a more appropriate time.

K. If the Engineer’s review of a submittal reveals that supplemental information is necessary to complete the review, it will be returned to the Contractor for augmentation and resubmittal.

L. After review by the Engineer of each of the Contractor’s submittals, the material will be returned to the Contractor marked with actions defined as follows: (Actual wording may be different, but will convey similar meaning.) 1 NO EXCEPTIONS NOTED: The Engineer finds no exceptions to the submittal. The determination relies solely upon information provided in the submittal, including the Contractor’s certification, and its compatibility with future submittals, and additional partial submittals for portions of the work

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not covered in this submittal. This determination does not constitute Engineers acceptance or deletion of specified or required items not shown in a partial submittal.
2 MAKE CORRECTIONS: Minor corrections as noted by the Engineer shall be made by the Contractor. No resubmittal is required.
3 REVISE AND RESUBMIT: Rejected due to noncompliance with the requirements of the project plans and Specifications because of major inconsistencies or errors which shall be resolved or corrected by the Contractor prior to subsequent review by the Engineer.
4 SUBMIT SPECIFIED ITEM: Submittal is rejected because the submitted material does not conform to the requirements of the project plans and specifications in major respects. This material is not to be resubmitted, and it is expected that the material specified in the project plans and specifications be submitted.
5 ACCEPTED FOR RECORD: City has received the submittal and the submittal is filed. See item m below.

M. Submittals shall be reviewed as a complete package and will not be returned marked with more than one of the actions noted above. Any submittal that requires further review shall be resubmitted in its entirety, using the same submittal number and a revision number, until the full submittal has been favorably reviewed or noted for record.

N. Favorable review by the Engineer will not constitute acceptance by the Engineer of any responsibility for the accuracy, coordination and completeness of submittals, shop drawings or the items of equipment represented on the drawings.

Accuracy, coordination, and completeness of submittals shall be the sole responsibility of the Contractor, including responsibility to back-check comments, corrections, and modifications from the Engineer’s review before construction or fabrication commences. Similarly, the Engineer accepts no responsibility for the correctness, compatibility or coordination of construction methods, schedules or materials.

Checking is only for general conformance with the design concept of the project and general compliance with the information given in the contract documents. Any action shown is subject to the requirements of the plans and specifications.

Contractor is responsible for dimensions which shall be confirmed and correlated at the job site; fabrication processes and techniques of construction, coordination of his work with that of all trades and the satisfactory performance of his work.

O. The Contractor shall not proceed with the procurement, fabrication, delivery, construction or installation of items requiring a submittal without favorable review of the submittal by the Engineer. Items (1), (2) and (5) above are considered “favorable review.” Items (3) and (4) above are considered “unfavorable review.” Favorable review shall not relieve the Contractor of its obligation to meet safety requirements and all other requirements of Law, nor constitute a Contract Change Order.

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P. It is expected that the Contractor shall provide complete and acceptable submittals to the Engineer the first time. The Engineer may recover the cost of processing and reviewing resubmittals in case the number of first resubmittals exceeds 10% of the total number of submittals required. The Engineer may recover all the costs of processing and reviewing second resubmittals.

Q. After submittals are reviewed, the Engineer will return two copies to the Contractor.

For shop drawings, only the reproducible will be returned. It shall be the Contractor’s responsibility to copy and/or conform reviewed Shop Drawings in sufficient numbers for its files, subcontractors and vendors.

R. Contractor has the option to provide electronic or harcopy submittals.

3.8 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 parts 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

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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.

3.9 MATERIALS
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.

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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.

3.10 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 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.

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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.

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

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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. Lane Closure Restrictions

1. Any lane closure requires the submittal of a Traffic Control Plan. The Traffic Control Plan shall provide for the orderly and predictable movement of all traffic and pedestrians and for such guidance and warning as needed to ensure the safe and informed operation of individual elements of the traffic stream. Contractor shall not detour traffic or close lanes until the Traffic Control Plan has been approved by the Engineer.

G. Traffic Control

1. General. The Contractor is required to prepare and submit a TCP for the project. The TCP must be stamped and signed by licensed professional engineer (PE) or licensed traffic engineer (TE). The City must approve the TCP prior to any traffic related work.

2. Contractor shall submit the Traffic Control Plan, Proposed Truck Route/Haul Route and City of Milpitas Transportation Permit, if applicable to Contractor’s operations.

3. 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. Traffic control shall be coordinated for the minimum inconvenience and maximum safety of the public during the construction period. The Contractor shall maintain traffic circulation at all times during the project. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient flasher lights, flag persons, danger signals, and signs, and shall take all necessary precautions for the

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protection of the Work and the safety of the public. The Contractor shall provide radio-equipped flag persons during all one-lane operations.

Flag persons shall be properly equipped and trained in accordance with “Instructions to Flagmen”, published by Caltrans. Flaggers and all personnel working near traffic shall wear hardhats, orange/red, or State approved fluorescent green vests or shirts. Flaggers shall guide traffic with an appropriate stop/slow sign. 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.

4. Traffic Control Plan: A site specific traffic control plan with an aerial view showing the traffic control devices on the actual streets as they relate to the site conditions shall be provided. All traffic plans shall be prepared in accordance with the latest version of Caltrans “Manual of Traffic Controls for Maintenance and Construction Work Zones.” The traffic control plan shall consist of scaled drawings of each street where work is proposed.

The plan shall detail all traffic control measures proposed for each street.

Copies or modified copies of the Manual of Traffic Controls for Maintenance and Construction Work Zones or the Work Area Traffic Control Handbook or any other type of copied standardized traffic control plans shall not be acceptable. The plan shall be submitted by the Contractor to the Engineer a minimum of 15 days prior to any work commencing on the project. The traffic control plan shall be reviewed and accepted by the Engineer prior to any work commencing on the project. The Contractor shall keep a minimum of one 11-foot wide lane of traffic open in each direction during working hours. Attention is directed to the Contract Documents regarding specific traffic lane closure restrictions.

5. Sidewalks, Driveways, ADA Ramps, and Bus Stops: The Contractor shall maintain pedestrian, vehicular, and bus stop access at all times. In locations where only one property driveway exists, the Contractor shall coordinate with the property owner for limitation of access or closure for segments of a day. Driveway apron replacement shall be constructed in segments to allow one-half of the driveway to remain open. This requirement does not apply to properties with multiple driveways.

Continuous pedestrian access shall be maintained on at least one side of the street. Sidewalk closures will be permitted on one side of a street at a time from intersection to intersection with appropriate detour signage. An alternative is if the Contractor provides a safe sidewalk detour that is ADA compatible. At street intersections, the Contractor shall maintain an ADA safe pathway of travel through and around the intersection. The Contractor shall coordinate its work with the Valley Transportation Authority and Alameda County Transit to coordinate work around bus stops. The Contractors work shall not impede or close a stop unless coordinated first with the transit company. The Contractors work shall not cause and unsafe condition for bus riders, and shall not cause buses to release riders in the street or within the construction zone.

6. Signage: All signs and other warning devices shall be provided by the Contractor and shall become the Contractor’s property after completion of the contract. The Contractor shall refer to the current Caltrans “Manual of

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Warning Signs, Lights and Devices for use in the Performance of Work Upon Highways” and the “Uniform Sign Chart”. The Contractor shall place at the beginning of the project period, and maintain throughout the contract, one C18 "Road Construction Ahead" sign on each approach to the work areas. The signs shall be 48 inches X 48 inches, mounted on a wood post and shall have reflectorized sheeting on aluminum or plywood backing.

The Contractor shall not block any driveway or access to adjacent property owners at any time unless instructed otherwise by the Engineer. Whenever the Contractor’s operations create a condition potentially hazardous to the public or traffic, he shall furnish at his own expense such flaggers, guards, and other devices necessary to provide adequate warning to the public of any dangerous conditions to be encountered. Contractor shall furnish, erect and maintain such fences, barricades, lights, signs, and other devices necessary to prevent accidents and avoid damage or injury to the public.

If the Contractor fails to provide, is neglectful of or negligent in furnishing and maintaining warning and protective facilities and personnel as herein provided within eight (8) hours of being notified by the Engineer of the need for such, the City may furnish and maintain such facilities and personnel.

In this event, the City may charge the Contractor therefore by deducting the cost of such facilities and personnel from progress payments due to the Contractor as such costs are incurred by the City. Those parts of public streets, rights-of-way, and sidewalks occupied by the Contractor shall be immediately vacated and returned to public use when the use thereof is no longer necessary for the construction work.

7. Operation of Construction Vehicles and Equipment: Most City streets within Milpitas have a 4-ton weight limit. A Truck Route/Haul Route Plan approved by the City is required for use of overweight equipment within the City of Milpitas. Refer to Appendix "A" or the City's Webpage for the City's approved Truck Route Map. The Contractor is advised that ALL Vehicle Code regulations apply to construction equipment in operation on this project, and the City will enforce all Vehicle Code regulations with respect to use of construction equipment operating on City Streets and Public Rights of Way.
a. Extralegal Loads - Equipment over 8'6" wide, 14' tall, and 80,000 pounds gross or over on axle weights. A City of Milpitas Transportation Permit is required for extralegal loads (oversize and overweight). It contains a specific route of travel for that single load. A Haul Route would be for major on-haul/off-hauls of material that bring in a large number of trucks at one time. Refer to the Appendix "C" for a copy of the City of Milpitas Transportation Permit. The Permit shall have been issued, and shall be in possession when operating such vehicles within the City of Milpitas.

Drivers shall maintain strict adherence to the routs specified on the City approved Haul Route.
b. Special Equipment (SE) Plates & Slow Moving Vehicle Emblems - Refer to Appendix "C" and the Vehicle Code for more information.

All non-street legal construction equipment operating on a City Street or right-of-way shall display a Special Equipment (SE) plate

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when operating outside of the work zone, or traffic control cone zone.
c. Load Regulations - Contractors are cautioned to ensure proper loading and on-haul/off-haul procedures are followed.
i. Vehicles shall not be loaded to overweight
ii. Off-haul loads for disposal or recycling shall be covered iii. All loads shall be properly secured with the correct number of tie-downs or chains
iv. All vehicles leaving the construction site shall be clean-off.

No material no debris shall be on the vehicle body or stuck to its tires.

8. Temporary Pavement Delineation: Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the provisions Caltrans State Standard Specifications and these Contract Dcouments. Nothing in these Contract Documents shall be construed as to reduce the minimum standards specified in Caltrans Manual of Traffic Controls. Whenever the work causes obliteration of any and all of the pavement delineation, temporary or permanent delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline, edge line and limit line (e.g. stop bars or crosswalks) pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. Surfaces to receive temporary pavement delineation shall be dry and free of dirt or loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with a new pattern of temporary pavement delineation or permanent pavement delineation. Temporary pavement markers and removable traffic type tape which conflicts with a new traffic pattern or which is applied to the final layer of surfacing or existing pavement to remain in place shall be removed when no longer required for the direction of public traffic, as determined by the Engineer. Whenever lane lines and centerlines are obliterated, the minimum lane line and centerline delineation to be provided shall be temporary reflective raised pavement markers placed at longitudinal intervals of not more than 24 feet. The temporary reflective raised pavement markers shall be the same color as the lane line or centerline markers replaced. Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer’s instructions and shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required.

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9. Violation of Working Time Limit & Late Pick-up of Traffic Control: A violation of the working time limitations for traffic control (late pick-up of controls) as set forth in the Contract Documents may cause the Engineer to issue a written notice to Stop Work. The Stop Work shall be imposed on the Contractor at the start of the next or following working day after issuance of the Stop Work. The Stop Work will not be lifted, and the Contractor shall not resume work until after the Contractor assures the Engineer, in writing, that there will not be a reoccurrence of the working time violation, and provides a plan for how operations will be conducted in the future to prevent such violation. Further violations shall cause the Engineer to notify the Contractor in writing that there will be a price reduction charge for each incident in accordance with the following table. This incident price reduction charge may be deducted from any money due the Contractor. This price reduction will not be considered a penalty but will be a price reduction for failure to perform traffic control in compliance with the Contract Documents.

An incident is defined as any violation up to 30 minutes in duration. Each 30 minutes or increment thereof will be considered as an incident. A price reduction will be assessed for each successive or cumulative 30 minute period in violation of the working time limitations, as determined by the Engineer. The price reduction for each incident will increase at a progressive rate starting with $150 for the second incident and increasing to $1,200 for the fifth and subsequent incidents in accordance with the following schedule. A 15 minute grace period will be allowed at the beginning of the second incident on the project before the price reduction is applied. This 15 minute grace period applies only to the second incident.

The number of incident charges will be accumulative throughout the duration of the Contract.

INCIDENT TOTAL INCIDENT PRICE RATE REDUCTION
1 st Notice to Stop Work ----
2 nd $150 $150
3 rd $300 $450
4 th $600 $1,050
5 th $1,200 $2,250
6 th $1,200 $3,450
Etc. $1,200 $4,650
Etc. Etc.

10. 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.

H. Cleaning Up

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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. City streets within the project site, including those of the Contractors truck haul route shall be swept daily and immediately following all cold planning, grinding, sandblasting, excavating and trucking operations.

The Contractor shall sweep the street with a power pick-up broom immediately prior to, and after the paving operations. The Contractor shall keep a power pick-up broom on the job at all times and it shall be used to keep the streets free of loose or tracked material from the Contractor’s operation.

Power sweepers that don’t pick-up the material shall not be used.

3. Contractor shall remove materials and equipment from the site when they are no longer necessary for work.

4. 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.

5. Cost. Full compensation for the Work involved in cleaning up 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.

I. Potholing for Utilities

1. This section specifies the requirements for performing all operations necessary to pothole to excavate, expose, and to verify the location of existing public and privately owned utilities which may cross proposed underground facilities shown on the plans and as directed by the Engineer.

The Contractor shall notify USA North (811) to locate and mark existing subsurface utilities within the Contractor’s project site, at least 3 days prior to start of any excavation of one foot or more in depth. The Contractor shall also be responsible for contacting private utility companies for the review of their as-built records for their underground utilities.

The Contractor shall have the responsibility to contact directly all agencies that do not participate in USA program to arrange for the location and markout of their utilities. The California Department of Transportation (Caltrans)

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is an example of such an agency that does not participate in the USA program.

The Contractor shall notify the Engineer a minimum of three days before beginning any pothole work.

2. Submittal.
a. Submit a pothole plan for approval by the Engineer showing all existing known utilities as shown on the Plans and or as marked in the field that are to be potholed, and the schedule for the work. b. Submit a pothole report with details of the utilities that were located.

The pothole report shall typed and clearly drawn, and shall include:
i. Provide a tentative schedule for all potholing activities. ii. Provide detailed information of what was found for each pothole.
iii. The report shall show all necessary details including size, vertical and horizontal location, soil conditions encountered. iv. Names, dates and times utility and City staff notified.

3. Contractor shall place a witness stake at each pothole. Each stake shall be uniquely numbered then located by survey horizontal project coordinates.

4. The Contractor shall remove and dispose of the material excavated from the potholes. A Controlled Density Fill (CDF) material with a 2-sack minimum shall be used to backfill the potholes that are to remain in areas where the trench or pavement will not be replaced or as directed by the Engineer.

5. The Contractor shall not proceed with underground installations until related pothole work has been completed to the satisfaction of the Engineer. The Contractor shall immediately notify the Engineer of conflicts in which there is less than one foot of separation between the existing and proposed facility.

6. The Contractor shall bear all costs and delays resulting from the Contractor’s failure to pothole existing utilities in a timely manner and as specified herein.

7. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required for potholing for utilities 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.

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J. Obstructions

1. The Contractor's attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the health, safety, and welfare of workers and of the public. Facilities requiring special precautions include, but are not limited to, storm drainage pipes, sanitary sewers, irrigation lines, telephone ducts, water line, traffic signal conduit, gas lines, and underground electrical cables. Some of the facilities might be relocated by the various utility companies. The locations of the facilities as shown on the plans are approximate. It is the Contractor's responsibility to verify the exact locations and depths with the respective utility company.

2. Prior to any underground excavation of one (1) foot or more in depth or any augering, drilling or excavation at the site, the Contractor shall contact USA North (811) at least 3 days prior to the start of the activity. The Contractor shall notify USA North to locate and mark existing subsurface utilities within the Contractor’s project site. The Contractor shall also be responsible for contacting private utility companies for the review of their as-built records for their underground utilities. The Contractor shall have the responsibility to contact directly all agencies that do not participate in USA program to arrange for the location and mark-out of their utilities. The California Department of Transportation (Caltrans) is an example of such an agency that does not participate in the USA program.

3. As required by law, should the Contractor find utilities during excavation that were unmarked by the USA locate process, that Contractor shall immediately notify USA North (811) of the find and request they respond.

Protection and repair of damage of laterals and appurtenances shall be the responsibility of the Contractor. In the event that water services, fire hydrants, storm drainpipes, or other appurtenances are broken or damaged, the Contractor shall immediately notify the Engineer. The Contractor shall be required to repair at his own expense such damage in a manner satisfactory to the Engineer, or City forces may repair such damage at the Contractor's expense. In the event damage is done to any gas, electric, cable TV, fiber optics, or telephone facility by the Contractor, the Contractor shall immediately notify the respective utility company. The utility company at the Contractor’s expense shall make repairs.

4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required for obstructions 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.

K. Maintenance of Access and Public Coordination

1. Maintenance of Access: Vehicular access shall be maintained at all times to all existing driveways within the project site. Pedestrian access and circulation that is fully wheelchair accessible shall be maintained by the

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Contractor throughout the project area. No closure of any street, driveway, or right of way may occur without written authorization from the Engineer.

2. Advance Public Notification: Two weeks, one week, and 24 hours prior to beginning any work, the Contractor shall provide approved Construction Notice's as approved by the Engineer, to all residents, businesses, property owners, tenants and applicable parties within 300 feet and or adjacent to the Project area.

Contractor shall specify the expected date for start of construction, a general description of the construction activity to take place, expected duration of the activity, and the name, address, and 24-hour telephone number of the Contractor.

Contractor shall provide a copy of the notice for review and approval by the Engineer. Refer to the Submittal requirements in General Conditions.

Contractor shall provide the Engineer with a list of the streets and address where the notices were posted.

3. No Parking Signs/Towing: Contractor shall provide "No Parking" signs with day of the week and work hours written out or properly abbreviated with 3 or 4 letters; the month shall be written out or properly abbreviated with 3 or 4 letters; date or dates of restriction shall be listed completely; the beginning and ending times shall be clearly listed on the sign.

Signs shall be mounted such that the words, “No Parking” are at an elevation at least 3 feet and not more than 7 feet above the adjacent flow line. Signs may be tied with string to trees and power poles, taped to existing sign poles, or mounted to stakes or barricades as provided by the Contractor. The Contractor shall also include on the backside of the mounting stakes or barricades a current copy of the Construction Notice.

The signs shall be placed as needed to control the parking of cars within the construction zone and shall be placed at a maximum spacing of sixty (60) feet.

Signs shall be posted and maintained by the Contractor for a period of 72 hours prior to the restrictions becoming effective. The Contractor shall promptly reset or replace all damaged and defective signs. Upon completion of work in each area, all signs, stakes, and barricades shall be promptly and completely removed by the Contractor.

The Contractor shall be fully responsible for adequate removal of all parked cars. All vehicle removal shall be coordinated by the Contractor with the Police Department. The Contractor shall notify the Police traffic sergeant upon posting of the parking restrictions for a particular street and when the signs are removed. For removal of parked vehicles, the Contractor shall notify the Police traffic sergeant not less than 2 hours prior to the needed removal with the address nearest the parked vehicle, make, model, color, and license number. The City shall not be responsible for any delay or

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additional cost associated with the removal of parked cars which obstruct the construction operation.

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

4. The following shall also contacted by the Contractor and made aware of the intended construction activities 5 days, and 48-hours, prior to planned construction activities.

Contact Telephone
Number
Milpitas Police Department (408) 586-2400
Milpitas Fire Department (408) 586-2800
Mabel Mattos Elementary School (408) 635-2695
The Contractor shall provide the City with written proof of notification of the parties listed above by listing all parties contacted, the names of those contacted, and the dates the contacts were made.

5. Cost. Full compensation for the Work involved in the maintenance of access and public coordination 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.

L. Discharges to the Storm Drain & Sanitary Sewer System

1. Storm Drain: At no time shall the Contractor discharge to, or be allowed to discharge non-storm water to the City’s storm drain system, creek, river, or other water body within the City without first obtaining approval from the Engineer, and required permits and approvals from the Regional Water Quality Control Board, California Department of Fish & Game, Army Corp, or other agency as may be required.

2. Sanitary Sewer: The Contractor shall obtain approval from the Engineer prior to any discharge to the City’s sewer system. In addition, the Contractor shall obtain a “Short-Term” Wastewater Discharge Permit from the City of San Jose Environmental Services Department, including payment of any required permit fees. The Contractor shall monitor its discharge flow rate to ensure surcharging of the downstream sewer system does not occur, and provide all flow measurement, testing, or other requirements of the Wastewater Discharge Permit, and shall be responsible for all costs as required to discharge to the sewer system. The Contractor shall be responsible for any fines, or related costs and repairs for damage or clean-up resulting from its discharge operations.

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3.11 ENVIRONMENTAL QUALITY PROTECTION
A. Environmental Conditions

1. Contractor must comply with all applicable environmental laws, Project conditions, and constraints, including, but not limited to:
• Covenant and Environmental Restriction on Property (Appendix F) • Risk Management Plan (Appendix G)
• Clean Water Act Section 401 Water Quality Certification and Mitigation and Monitoring Plan (Appendix H)
• Notification of Lake or Streambed Alteration, Notification No.

EPIMS-SCL-54837-R3 (Appendix I)
• Section 404 Nationwide Permit (Appendix J)
• Soil and Groundwater Management Plan, 2019 (Appendix K) • National Environmental Protection Agency Categorical Exclusion Determination Form (Mitigation Requirements) (Appendix L) • Mitigation Monitoring and Reporting Program (Appendix O)

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.

3. Upon 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

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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.

2. Procedures. 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

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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. Contractor’s Liability. Should Contractor, without permission, injure, destroy, excavate, appropriate, 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.

F. Management 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

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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 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

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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.
(4) Turbidity 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

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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 the Construction 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.

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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.
(d) If noncompliance 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

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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.”

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.

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(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.

G. Well Abandonment

1. The Contractor shall be responsible for locating, exposing, and properly abandoning all existing monitoring wells identified by the Santa Clara Valley Water District (SCVWD), including but not limited to wells 96W00217 and 96W00218 (Appendix M), as well as any unknown wells discovered during construction. Work shall be performed in accordance with SCVWD well destruction guidelines, California Department of Water Resources (DWR) standards, and all applicable regulations. The method of destruction shall include drill-out and pressure grouting, casing removal to a minimum depth of 5 feet below ground surface, and surface restoration matching existing conditions. All work shall be performed by a California-licensed C57 drilling contractor with experience in SCVWD jurisdictions.

2. The Contractor shall coordinate directly with SCVWD to obtain well destruction permits and schedule inspections. Prior to any subsurface work, the Contractor shall contact Underground Service Alert (USA) to obtain a valid ticket and confirm clearance of utilities. Where necessary, the Contractor shall subcontract with a qualified Ground Penetrating Radar (GPR) service to identify subsurface well locations. Surface access (e.g., coring through asphalt) shall be performed as needed to expose well casings. The Contractor shall mark each located well and provide adequate protection throughout the abandonment process. Any disruption to utilities during well work shall be treated in accordance with Section E.

3. The Contractor shall submit all required documentation to the City Representative, including copies of SCVWD permits, USA ticket numbers, photographic records of abandonment, and completed DWR well destruction reports. Final SCVWD acceptance letters shall be included in the project closeout package. The Contractor shall maintain daily records of work performed, inspection logs, and material usage.

4. Unless otherwise indicated in the Contract Documents, all labor, equipment, permits, coordination, utility locating, materials (including grout and patching), and documentation necessary to complete the well abandonment work shall be included in the Contractor’s bid and distributed within the Schedule of Pay Items. No additional compensation shall be made for well abandonment beyond the agreed unit pricing or bid schedule.

END OF GENERAL REQUIREMENTS

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01 20 00 – MEASUREMENT AND PAYMENT
PART 1 GENERAL

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

1.2 REFERENCES
California Public Contract Code

1.3 SCOPE OF WORK
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
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.

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
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 accordance 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.

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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.

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.

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

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 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;

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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
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.

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
If requested by Contractor, progress payments will be made monthly, but not more often than monthly.

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 responsibilities 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,

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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.

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.
(h) Percentage of Completion.
(i) Balance to Finish.

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(j) Retainage.
(1) 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. (2) On or before the twenty-fifth (25th) 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. (3) 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.
(4) With each request for payment, Contractor shall fulfill all scheduling requirements of Document 00 72 00, “General Conditions,” and Section 01 32 00 “Progress Schedules and Reports,” 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 expenses incurred to perform the
Work. ___________________________________________”
signature & date

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(5) No progress payment will be processed prior to City receiving the above certification and all requested and acceptable schedule update information.
(6) With each request for payment, Contractor shall submit following as prerequisite to its review as referenced in Document 00 72 00, “General Conditions.”:
b. Construction progress schedule, updated to current.
c. Current construction photographs, updated to current. d. Partial release of liens from major subcontractors and vendors. e. Progress project record documents, updated to current. f. Affidavits and bonds attesting to off-site stored products, if any. g. Certified payroll records.
h. Statement under False Claim Act.
(7) Contractor shall submit fulfill all record document requirements of Section 01 78 39, “Project Record Drawings,” 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. (8) Each payment request shall list each Approved Change Order (See Section 01 26 00) executed prior to date of submission, including a description of the work activities.
(9) 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.
(10) If required by City, Contractor shall submit substantiating data as they relate to payment requests.
(k) 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.

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(3) Schedule of values.
(4) Contractor's construction schedule.
(l) 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

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Contractor are found insufficient to cover City’s charges against it, City shall have right to recover balance from Contractor or Sureties.

PART 2 PRODUCTS

2.1 BREAKDOWN
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 (5% Maximum): The contract lump sum price paid for “Mobilization/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, utility potholing, site surveying and survey monument, existing condition photodocumentation, preparatory work and operations necessary for the movement of personnel, equipment, and supplies to and from the project sites as shown on the Contract Drawings and specified herein. No separate payment shall be made. The total lump sum shall not exceed 5% of the Total Base Bid.

2. SWPPP/Erosion Control & Risk Management: The contract lump sum price paid for “SWPPP/Erosion Control & Risk Management” 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, and installation of storm drain inlet protection, fiber roll, construction entrance, hydroseeding, and silt fence as shown on the Contract Drawings and specified herein. No separate payment shall be made.

3. Traffic Control: The contract lump sum price paid for “Traffic 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 implementation of traffic control plan, signage, flaggers, delineators, notice boards, barricades, and notification flyers, as shown on the Contract Documents and specified herein. No separate payment shall be made.

4. Control of Water: The contract lump sum price paid for “Control of Water” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for all work involved including, but not limited to, design, construct, operate, and maintain measures to control water during the entire construction period, dewatering systems for construction of the bridge and water diversion system for creek bypass, complete in place, in compliance with all laws, regulations, and permitting, as shown in the contract documents and specified herein. No separate payment shall be made.

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5. Building Demolition: The contract lump sum price paid for “Building Demolition” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for all work involved including, but not limited to, demolition of existing building and foundation, utilities disconnection, removal and disposal of demolished and hazardous materials, off-hauling in compliance with all laws, regulations, and healthy and safety plans, as shown on the Contract Drawings and specified herein. No separate payment shall be made.

6. Selective Demolition: The contract lump sum price paid for “Selective Demolition” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for all work involved including, but not limited to, clearing and grubbing, removal of trees, removal of existing pavement and aggregate base, and two (2) wells abandonment (see General Requirements, Section 3.11), as shown in the Contract Documents and specified herein. No separate payment shall be made.

7. Bridge Foundation: The contract lump sum price paid for “Bridge Foundation” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidental for all work involved including, but not limited to, structure excavation (bridge), structural backfill (bridge), and concrete for drilled foundation, reinforcing steel, excavation, groundwater control, exploratory drilling, support of execavation, steel casing, load testing, cast-in-drilled hole concrete piling, complete in place including compliance laws, and regulations, obtaining and compliance with permits, submittals, and compliance with all laws and regulations, as shown on the Contract Drawings and specified herein. No separate payment shall be made.

8. Bridge Structural Concrete and Steel: The contract lump sum price paid for “Bridge Structural Concrete” shall constitute the full compensation for furnishing all labor, materials, tools, equipment and incidental for all the work involved including, but not limited to falsework, bridge structural concrete, polymer fiber structural concrete, approach slab structural concrete, structural concrete, bar reinforcing steel, fractured rib texture; miscellaneous metal, pedestrian railing, testing and inspection, and associated work, as shown on the Contract Drawings, as specified in these specifications, and as directed by the Engineer. No separate payment shall be made.

9. Earthwork (Cut/Fill): The contract lump sum price paid for “Earthwork (Cut/Fill)” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for all work involved including, but not limited to excavation, offhauling, importing, compaction of soil and grades, construction of aggregate base access maintenance roads, as shown on the Contract Drawings and specified herein. No separate payment shall be made.

10. Site Concrete: The contract lump sum price paid for “Site Concrete” shall include full compensation for furnishing all labor, materials, tools, equipment and incidental for all works involved including, but not limited to, saw-cutting, demolition, removing and replacing existing concrete from joint to joint, tree root removal and protection, installation of aggregate base, doweling into existing concrete surface, compaction, forming, concrete pouring, placement of asphalt concrete plug, decorative paving (includes AB and concrete band), concrete

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barrier Type 732SWADA, curb ramp and detectable surface tiles, conforming and grading to existing concrete, and coordination with private property owner, shown on the Contract Drawings and specified herein. No separate payment shall be made.

11. Asphalt Pavement: The contract lump sum price paid for “Asphalt Pavement” shall include full compensation for furnishing all labor, materials, tools, equipment and incidental for all works involved including, but not limited to, hot mix asphalt, and aggregate base, shown on the Contract Drawings and specified herein. No separate payment shall be made.

12. Storm Drain Improvement: The contract lump sum paid for “Storm Drain Improvement” shall include full compensation for furnishing all labor, materials, tools, equipment and incidental for all works involved including, but not limited to,, trenching and backfilling, off-hauling, plating, storm drain pipe, storm drain manhole, drop inlet, storm drain labels, pavement restoration, stormwater bioretention basins, reverse sidewalk drain, removal/abandonment of existing storm drain facilities, connect to existing storm drain, and coordination with private property owner, shown on the Contract Drawings and specified herein. No separate payment shall be made.

13. Water Improvement: The lump sum paid for “Water Improvement” shall include full compensation for furnishing all labor, materials, tools, equipment and incidental for all works involved including, but not limited to sawcutting, trenching and backfilling, off-hauling, plating, DIP water main, C900 Water Main, pavement restoration, replace fire hydrant, air release valve, flexible expansion joint, removal/abandonment of existing water facilities and connect to existing water pipe, as shown on the Contract Drawings and specified herein. No separate payment shall be made.

14. Recycle Water Improvement: The lump sum paid for “Recycle Water Improvement” shall include full compensation for furnishing all labor, materials, tools, equipment and incidental for all works involved including, but not limited to sawcutting, trenching and backfilling, off-hauling, plating, DIP recycled water main, C900 recycled water main, pavement restoration, air release valve, flexible expansion joint, removal and abandonment of existing facilities, and connect to existing recycled water pipe, as shown on the Contract Drawings and specified herein. No separate payment shall be made.

15. Chain Link Fence and Gate: The contract lump sum paid for, “Chain Link Fence And Gate” shall include the full compensation for furnishing all labor, materials, tools, equipment and incidental for all works involved including, but not limited to, installation of chain link fence, gate stops, coordination with Santa Clara Valley Water District for gate placement, connection to existing chain link fence and wire fence, as shown on the Contract Drawings and specified herein. No separate payment shall be made.

16. Striping and Signage: The contract lump sum paid for, “Striping and Signage” shall include the full compensation for furnishing all labor, materials, tools, equipment and incidental for all works involved including, but not limited to, traffic signs, sign posts, thermoplastic striping and pavement markings, curb striping,

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and removable bollards, as shown on the Contract Drawings and specified herein.

No separate payment shall be made.

17. Street Lighting and Electrical Improvements: The contract lump sum paid for, “Electrical Improvements” shall include the full compensation for furnishing all labor, materials, tools, equipment and incidental for all works involved including, but not limited to, electrical conduit and wiring, pull box, street light foundation, pole, arm, and luminaire head, photocell, communication nodes, service meter pedestal and foundation, and coordination for PG&E tie-in, complete in place, as shown on the Contract Drawings and specified herein. No separate payment shall be made.

18. Aesthetic Enhancment - Installation of Steel Features: The contract lump sum paid for, “Installation of Steel Features” shall include the full compensation for furnishing all labor, materials, tools, equipment and incidental for all works involved including, but not limited to, fabrication, laser cutting, and forming of all steel parts and components, and assembly of steel parts on site, complete in place, as shown on the Contract Drawings and specified herein. No separate payment shall be made.

19. Aesthetic Enhancment - Installation of Glass & Glazing: The contract lump sum paid for, “Installation of Glass & Glazing” shall include the full compensation for furnishing all labor, materials, tools, equipment and incidental for all works involved including, but not limited to, glass panels, as shown on the Contract Drawings and specified herein. No separate payment shall be made.

20. Aesthetic Enhancment - Installation of Electrical & Lighting: The contract lump sum paid for, “Installation of Electrical & Lighting” shall include the full compensation for furnishing all labor, materials, tools, equipment and incidental for all works involved including, but not limited to, lighting materials, electrical controls, wiring, connection to service meter pedestal, controller cabinets and foundation, equipment rack, and testing, complete in place, as shown on the Contract Drawings and specified herein. No separate payment shall be made.

21. Painting of Aesthetic Enhancement: The contract lump sum paid for, “Painting of Aesthetic Enhancement” shall include the full compensation for furnishing all labor, materials, tools, equipment and incidental for all works involved including, but not limited to, painting of steel and concrete components, as shown on the Contract Drawings and specified herein. No separate payment shall be made.

22. Restoration of Vegetation: The contract lump sum paid for ”Restoration of Vegetation” shall include the full compensation for furnishing all labor, materials, tools, equipment and incidental for all works involved including, but not limited to, restoring the topography of temporary impact areas to preconstruction conditions, bank stabilization, reestablishment of appropriate vegetation, and implementation of all biological resources mitigation measures required in the Mitigation Monitoring and Reporting program (appendix O) and Section 401 Water Qualitfy Certification (Appendix H), as shown on the Contract Drawings and specified herein. Off-site mitigation improvements at Hidden Lake Park shall be included in the contract prices paid for “Additive Alternative #1 – Hidden Lake Park Mitigation Improvement”. No separate payment shall be made.

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ADDITIVE ALTERNATIVE ITEMS

23. Add Alternative #1 – Hidden Lake Park Mitigation Improvement: The contract lump sum paid for “Hidden Lake Park Mitigation Improvements” shall include the full compensation for furnishing all labor, materials, tools, equipment and incidental for all works involved including, but not limited to, mobilization, traffic control, sawcutting, trenching and backfilling, off-hauling, plating, auguring, removing and replacing rip rap, installation of 2” irrigation mainline and fittings, installation of remote control valve, quick coupler valve, gate valve, water meter, disinfection and pressure testing, tracer wire, corrosion protection, concrete cap, backfilling, planting willow stakes and shrubs, placing mulch, soil and amendments, staking, header, asphalt conform, fencing and protection, storm water pollution prevention and erosion control, complete in place, as shown on the Contract Drawings and specified herein. Willow stakes and shrubs shall be procured by the City for installation by Contractor. No separate payment shall be made.

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TECHNICAL SPECIFICATIONS

TECHNICAL SPECIFICATIONS

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TABLE OF CONTENTS

TECHNICAL SPECIFICATIONS
DIVISION 0 – PROCUREMENT AND CONTRACTING REQUIREMENTS
00 01 07 SIGNATURES PAGE
DIVISION 1 – GENERAL REQUIREMENTS
01 30 00 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
01 32 13 SCHEDULING OF WORK
01 51 00 TEMPORARY CONTROLS
01 57 22 CONTROL OF WATER
DIVISION 2 – EXISTING CONDITIONS
02 10 00 SELECTIVE DEMOLITION
02 21 13 MONUMENTS
02 41 16 STRUCTURE DEMOLITION
DIVISION 3 – CONCRETE
03 10 00 CONCRETE FORMWORK
03 20 00 REINFORCING STEEL
03 30 00 CAST-IN-PLACE CONCRETE
03 30 50 UTILITY CAST-IN-PLACE CONCRETE
03 60 00 GROUT
DIVISION 5 – METALS
05 12 00 STRUCTURAL STEEL AND MISCELLANEOUS IRON
05 50 00 MISCELLANOUS METALWORK
DIVISION 9 – FINISHES
09 90 00 CORROSION PROTECTION
09 91 14 EXTERIOR PAINTING
09 96 11 HIGH-PERFORMANCE COATING
DIVISION 11 – EQUIPMENT
11 12 43 REMOVABLE BOLLARD
DIVISION 12 – FURNISHINGS
12 00 00 AESTHETIC ENHANCEMENT ASSEMBLIES
DIVISION 26 – ELECTRICAL
26 50 00 STREET LIGHTING

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26 60 01 AESTHETIC ENHANCEMENT LIGHTING SYSTEM
DIVISION 31 – EARTHWORK
31 00 00 EARTHWORK
31 13 00 DEWATERING
31 23 00 STRUCTURE EXCAVATION AND BACKFILL
31 23 16 UTILITY EARTHWORK
31 63 29 DRILLED PIERS
DIVISION 32 – EXTERIOR IMPROVEMENTS
32 10 00 ASPHALT PAVEMENT, BASE AND SURFACE TREATMENTS
32 13 00 CONCRETE SURFACE IMPROVEMENTS
32 17 23 TRAFFIC STRIPES AND PAVEMENT MARKINGS
32 31 13 CHAIN LINK FENCES AND GATES
32 93 11 TEMPORARY EROSION CONTROL
DIVISION 33 – UTILITIES
33 05 26 PIPING IDENTIFICATION SYSTEMS
33 11 00 PIPING, GENERAL
33 11 01 SOUTH BAY RECYCLED WATER UTILITY DISTRIBUTION PIPING 33 12 00 MISCELLANEOUS PIPING, VALVES, FITTINGS, AND APPURTENANCES 33 13 00 PRESSURE PIPELINE TESTING AND DISINFECTION
33 39 00 PRECAST CONCRETE MAINTENANCE HOLES AND INLETS
33 41 00 STORM UTILITY DRAINAGE PIPING
33 45 00 BIOTREATMENT FACILITIES
DIVISION 34 – TRANSPORTATION
34 41 05 SIGNAGE
**END OF SECTION**

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00 01 07 - 1 SIGNATURES PAGE
______________________________________________________________________ SECTION 00 01 07

SIGNATURES PAGE

THE TECHNICAL SPECIAL PROVISIONS HAVE BEEN PREPARED BY OR UNDER THE DIRECTION OF THE FOLLOWING REGISTERED INDIVIDUALS:

ARCHITECT William E. Gould
Artik Art & Architecture
License #C-23919, Exp. 09/27
GEOTECHNICAL Jeanine T. Ruffoni
ENGEO
License #G3149, Exp. 03/27
ROADWAY Linda M. Grevera
HMH Engineers
License #C43591, Exp. 12/26
STRUCTURAL Jonathan P. Jensen
Cornerstone Structural
Engineering Group

END OF SECTION
William E. Gould
C-23919
Ren. 09-30-2027

L I C E N S E D A R CH I T E C
T
S

T A T E

O F C L I F O R N I A
A
Linda M. Grevera
License #S7422, Exp. 09/26 Page 604 of 1482

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01 30 00 - 1 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
SECTION 01 30 00

SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
PART 1 - GENERAL

1.01 GENERAL
A. Submit Shop Drawings, Product Data, Mill Certificates and Samples required by other portions of Contract Documents.

1.02 SHOP DRAWINGS
A. Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.

B. Identify details on Shop Drawings by reference to sheet and detail numbers of Contract Drawings and/or specific reference to Sections and Paragraphs of the Specifications.

1.03 PRODUCT DATA
A. Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work.

B. Manufacturer’s catalog sheets, brochures, diagrams, schedules, performance charts, illustrations and other standard descriptive data shall:

1. Have each copy clearly marked to identify pertinent materials, products, models, finishes, etc.

2. Show clearly all standard options included.

3. Show dimensions and clearances required.

4. Show performance characteristics and capacities.

5. Show wiring diagrams and controls and necessary rough-in requirements for utility services and connections (where applicable).

C. Identify each item of Product Data by reference to sheet and detail numbers of Contract Drawings and/or specific reference to Sections and Paragraphs of the Specifications.

D. Where Product Data, as submitted, contains extraneous information, unmarked options, or is incomplete, it shall be returned to the Contractor without review.

1.04 MILL CERTIFICATES
A. Mill Certificates are documents that provide testing data regarding the fabrication and strength of metal products. Mill Certificates shall be less than 1 year old.

1.05 SAMPLES

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A. Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged.

B. Where samples are required of materials which inherently show a range of size, color, texture or finish, submit Samples in sufficient quantity to show this range.

C. Samples shall be tagged or otherwise clearly identified as to pertinent information illustrated and specific relationship to the Work, and shall show the name and address of the Subcontractor or agency submitting them, the date, and the name of the Work for which they are intended.

D. Unless the Engineer determines that Samples must be retained for reference purposes, Samples will be returned when so requested by the Contractor. No Sample shall be incorporated into the Work unless specific approval is given by the Engineer.

E. Charges for submission of Samples and for their return shall be borne by the Contractor.

1.06 SUBMISSION REQUIREMENTS
A. Make submittals promptly in accordance with an approved submittal schedule, as put forth by the General Contractor, and in such sequence as to cause no delay in the Work or in the work of any other contractor.

B. Number of Submittals Required:

1. Shop drawings: Submit one (1) reproducible transparency and two (2) opaque reproductions.

2. Product Data: Submit the number of copies which the Contractor requires, plus two (2) which will be retained by the Engineer.

3. Mill Certificates: Submit one copy of Mill Certificate with Contractor’s signature.

4. Samples: Submit the number stated in each Specification Section.

5. Welding Procedure Specification: Submit two (2) copies.

C. Submittals shall contain:

1. The date of submission and the dates of any previous submissions.

2. The Project title and number.

3. Contract identification.

4. The names of:
a. Contractor
b. Supplier
c. Manufacturer

5. Identification of the product, with the Specification Section number.

6. Field dimensions, clearly identified as such.

7. Relation to adjacent or critical features of the Work or materials.

8. Applicable standards, such as ASTM or Federal Specifications numbers.

9. Identification of deviations from Contract Documents.

10. Identification of revisions on resubmittals.

11. An 8 x 3 blank space for Contractor and Engineer stamps.

12. Contractor’s stamp, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the Work and of Contract Documents.

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1.07 RESUBMISSION REQUIREMENTS
A. Make any corrections or changes in the submittals required by the Engineer and resubmit.

B. Shop Drawings and Product Data

1. Revise initial drawings or data, and resubmit as specified for the initial submittal.

2. Indicate any changes which have been made other than those requested by the Engineer.

C. Samples: Submit new Samples as required for initial submittal.

1.08 DISTRIBUTION
A. Distribute reproductions of Shop Drawings and copies of Product Data which carry the Engineer stamp to:

1. Job site file.

2. Record Documents file.

3. Other affected contractors.

4. Subcontractors.

5. Supplier or Fabricator.

B. Distribute Samples that carry the Engineer’s stamp as directed by the Engineer.

1.09 ENGINEER DUTIES
A. Review submittals with reasonable promptness and in accordance with the schedule.

Contractor/Subcontractor is responsible for conforming and correlating quantities and dimensions, selecting fabrication processes and techniques of construction.

B. Affix stamp and initial or signature, and indicate requirements for resubmittals, or reviewed.

C. Return submittals to Contractor for distribution, or for resubmission.

END OF SECTION

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100% SUBMITTAL REVIEW 01 32 13 - 1 SCHEDULING OF WORK
SECTION 01 32 13

SCHEDULING OF WORK
PART 1 GENERAL

1.1 GENERAL
A. The scheduling of the work under the Contract shall be performed in accordance with the requirements of this Section.

B. The development of the schedule, the cost loading of the schedule, monthly payment requisitions and project status reporting requirements of the Contract shall employ computerized Critical Path Method (CPM) or bar chart scheduling.

1.2 DEFINITIONS AND REQUIREMENTS
A. Critical Path Method (CPM): CPM, as required by this Section, shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction." except that either "i-j" arrow diagrams or precedence diagramming format may be utilized. In the case of conflicts between this specification and the AGC Document, this specification shall govern.

B. Construction Schedules: Construction schedules shall include a graphic network diagram and computerized construction schedule reports.

C. Networks: The CPM network shall be in a form of a time scaled "i-j" activity-on-arrow or precedence type diagram and may be divided into a number of separate sheets with suitable match lines relating the interface points among the sheets.

1. Individual sheets shall not exceed 36-inch by 60-inch.

D. All construction activities and procurement shall be indicated in a time-scaled format and a calendar timeline shall be shown along the entire sheet length.

1. Each activity arrow or node shall be plotted so that the beginning and completion dates of each activity are accurately represented along the calendar timeline.

2. All activities shall be shown using the symbols that clearly distinguish between critical path activities, non-critical activities and free float for each non-critical activity.

3. All activity items shall be identified by their respective Activity Number, Responsibility Code, Work Duration, and their Dollar Value.

4. All non-critical path activities shall show their total float time in scale form by utilizing a dotted line or some other graphical means.

E. Duration Estimates: The duration estimate indicated for each activity shall be computed in calendar days and shall represent the single best estimate considering the

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scope of the activity work and resources planned for the activity. Except for certain non-labor activities, such as curing of concrete or delivery of materials, activity duration shall not exceed 10 calendar days nor be less than one calendar day unless otherwise accepted by the City’s Representative.

F. Float Time: Float time shall be as follows:

1. Definition: Unless otherwise provided herein, float as referenced in these documents, is total float. Total float is the period of time measured by the number of calendar days each non-critical path activity may be delayed before it and its succeeding activities become part of the critical path. If a non-critical path activity is delayed beyond its float period, that activity then becomes part of the critical path and controls the end date of the project. Thus, the delay of the non-critical path activity beyond its float period will cause delay to the project itself.

2. Float Ownership: Neither the City nor the Contractor owns the float time. The project owns the float time. As such, liability for delay of the project completion date rests with the party actually causing delay to the project completion date.

For example, if Party A uses some, but not all of the float time and Party B later uses the remainder of the float time as well as additional time beyond the float time, Party B shall be liable for the costs associated with the time that represents a delay to the project's completion date. Party A would not be responsible for any costs since it did not consume all of the float time and additional float time remained, therefore, the project's completion date was unaffected.

1.3 SUBMITTALS
A. Preliminary Schedule

1. The Contractor shall submit a preliminary schedule document at the Preconstruction Conference, to identify the manner in which the Contractor intends to complete all work within the Contract Time.

B. Original Schedule

1. The Contractor shall submit an original schedule document within 21 days following the Preconstruction Conference.

C. Revised or Updated Schedules

1. Submit when required to reflect changes to original schedule.

1.4 CONSTRUCTION SCHEDULE
A. The schedule shall indicate the major components of the project work and the sequence relations between major components and subdivisions of major components.

B. The schedule shall be cost loaded based on the schedule of values as approved by the City’s Representative.

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C. Sufficient detail shall be included for the identification of subdivisions of major components into such activities as:

1. All work tasks requiring a partial of existing facilities and roadways.

2. Trenching and backfilling.

3. Piping

4. Manhole construction.

5. Finished pavement.

6. Site work.

7. Other important work within the overall project scope.

D. Planned durations and start dates shall be indicated for each work item subdivision.

Each major component and subdivision component shall be accurately plotted on time scale sheets not to exceed 36-inch by 60-inch in size. Not more than one sheet shall be employed to represent this information.

1.5 SCHEDULE REVIEW
A. The City’s Representative and the Contractor shall meet to review and discuss the preliminary schedule within 14 days after it has been submitted to the City’s Representative.

1. The City’s Representative's review and comment on the schedules shall be limited to Contract conformance with the sequencing and milestone requirements as stated in other sections of the specifications.

2. The Contractor shall make corrections to the schedules necessary to comply with the Contract requirements and shall adjust the schedules to incorporate any missing information requested by the City’s Representative.

1.6 ACCEPTANCE
A. The acceptance of the Contractor's schedule by the City’s Representative and City will be based solely upon the schedule's compliance with the Contract requirements.

B. By way of the Contractor assigning activity durations and proposing the sequence of the Work, the Contractor agrees to utilize sufficient and necessary management and other resources to perform the work in accordance with the schedule.

C. Upon submittal of a schedule update, the updated schedule shall be considered the "current" project schedule.

D. Submission of the Contractor's progress schedule to the City or City’s Representative shall not relieve the Contractor of the Contractor's total responsibility for scheduling, sequencing, and pursuing the Work to comply with the requirements of the Contract Documents, including adverse effects such as delays resulting from ill-timed work.

1.7 MONTHLY UPDATES AND PERIODIC SCHEDULE SUBMITTALS

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A. Following the acceptance of the Contractor's Original Construction Schedule, the Contractor shall monitor the progress of the Work and adjust the schedule each month to reflect actual progress and any changes in planned future activities.

1. Each schedule update submitted must be complete including all information requested in the original schedule submittal.

2. Each update shall continue to show all work activities including those already completed.

3. These completed activities shall accurately reflect the "as built" information by indicating when the work was actually started and completed.

B. Neither the submission nor the updating of the Contractor's original schedule submittal nor the submission, updating, change or revision of any other report, curve, schedule or narrative submitted to the City’s Representative by the Contractor under this Contract, nor the City’s Representative's review or acceptance of any such report, curve, schedule or narrative shall have the effect of amending or modifying, in any way, the Contract completion date or milestone dates or of modifying or limiting, in any way, the Contractor's obligations under this Contract. Only a signed, fully executed change order can modify these contractual obligations.

C. The monthly schedule update submittal will be reviewed with the Contractor during a construction progress meeting held on a month end date to be determined. The goal of these meetings is to enable the Contractor and the City’s Representative to initiate appropriate remedial action to minimize any known or foreseen delay in completion of the Work and to determine the amount of Work completed since the last month's schedule update.

1. The status of the Work will be determined by the percent complete of each activity shown in the Network Diagram.

2. These meetings are considered a critical component of the overall monthly schedule update submittal and the Contractor shall have appropriate personnel attend.

3. As a minimum, these meetings shall be attended by the Contractor's Project Manager and General Superintendent.

4. Within seven (7) calendar days after the progress meeting, the Contractor shall submit the revised schedule.

5. Within five (5) calendar days of receipt of the above noted revised submittals, the City’s Representative will either accept or reject the monthly schedule update submittal.

6. If accepted, the percent complete shown in the monthly update will be the basis for the Application for Payment to be submitted by the Contractor.

7. If rejected, the update shall be corrected and resubmitted by the Contractor before the Application for Payment for the update period can be processed.

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D. Schedule Revisions: The Contractor shall highlight or otherwise identify all changes from the previous schedule. The Contractor shall modify any portions of the schedule that become infeasible because of activities behind-schedule or for any other valid reason.

1.8 CHANGE ORDERS
A. Upon approval of a change order, or upon receipt by the Contractor of authorization to proceed with additional work, the change shall be reflected in the next submittal of the schedule by the Contractor.

B. The Contractor shall utilize a sub-network in the schedule depicting the changed work and its effect on other activities.

C. This sub-network shall be tied to the main network with the appropriate logic so that a true analysis of the Critical Path can be made.

1.9 PROJECT STATUS REPORTING
A. In addition to the submittal requirements for the scheduling identified in this Section, the Contractor shall provide monthly project status reports.

B. The Contractor shall prepare monthly written narrative reports of the status of the project for submission to the City’s Representative. Written status reports shall include:

1. The status of major project components (Percent Complete, amount of time ahead or behind schedule) and an explanation of how the project will be brought back on schedule if delays have occurred.

2. The progress made on critical activities indicated on the schedule.

3. Explanations for any lack of work on critical path activities planned to be performed during the last month.

4. Explanations for any schedule changes, including changes to the logic or to activity durations.

5. A list of the critical activities scheduled to be performed in the next two-month period.

6. The status of major material and equipment procurement.

7. The value of materials and equipment properly stored at the site, but not yet incorporated into the work-in-place.

8. Any delays encountered during the reporting period.

9. An assessment of inclement weather delays and impacts to the progress of the Work.

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C. The Contractor may include any other information pertinent to the status of the project.

The Contractor shall include additional status information requested by the City’s Representative.

1.10 INCLEMENT WEATHER PROVISIONS OF THE SCHEDULE
A. The Contractor's construction schedule shall include lost days on the CPM schedule's critical path due to inclement weather typical for the area of construction based on the average rain days for the past five (5) years.

PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
** END OF SECTION **

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SECTION 01 51 00

TEMPORARY CONTROLS
PART 1 - GENERAL

1.01 APPLICABLE SECTION
A. The requirements/provisions of the General and Supplementary Conditions and Division 1 Specification Section shall apply to this section.

1.02 DESCRIPTION OF WORK
A. Provide temporary controls for the Project.

1.03 RELATED SECTIONS
A. Temporary toilet conveniences, washing facilities, and drinking water are specified in Section 01 52 00, Construction Facilities.

B. Section 01 33 00, Submittal Procedures
C. Section 01 50 00, Temporary Utilities

1.04 REFERENCES
A. State of California, Department of Transportation (Caltrans), Standard Specifications 2024 Edition:

1. Section 12, Temporary Traffic Control

2. Section 82, Signs and Markers
B. State of California, Department of Transportation (Caltrans), California Manual of Uniform Traffic Control Devices (California MUTCD 2014 Edition), Part 6, Temporary Traffic Control.

C. State of California, Vehicle Code.

D. American National Standards Institute (ANSI)/Acoustical Society of America (ASA) S1.4: American National Standard Specification for Sound Level Meters.

E. California Building Code.

F. Americans with Disability Act (ADA).

G. Architectural Barriers Act Accessibility Guidelines. 102% Page 614 of 1482

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1.05 CONTRACTOR SUBMITTALS

1.06 SECTION INCLUDES
A. Traffic plan and controls.

B. Construction operations under traffic.

C. Portable changeable message sign.

D. Pollution abatement.

E. Dust control.

F. Mud control.

G. Noise control.

1.07 PROJECT SECURITY
A. The Contractor shall make adequate provisions to protect the work area against fire, theft and vandalism, and to protect the public, City and County forces against exposure to injury, and for the security of any off-site storage areas.

B. All costs for this protection shall be included within the Contractor’s bid.

1.08 TRAFFIC PLAN AND CONTROLS
The Contractor shall prepare Traffic Control Plans (TCPs) for submittal and approval by the City and County.

A. Traffic Control Plans and Permits:

1. The Contractor shall prepare traffic control plans required for the WORK. The traffic control plans shall include drawings showing proposed traffic control devices including temporary signage and temporary pavement markings and striping. The Contractor shall apply to the jurisdictional agency for approval of the plans and for a permit or permits to work in the public right-of-way.

2. Include traffic control plans for each phase of the WORK requiring different traffic diversion patterns and methods of control. Include for each phase detailed SCHEDULES for performance of WORK and include proposed traffic control devices.

3. The Contractor shall include pedestrian and bicycle handling in traffic control plans for the WORK to reflect any changes in pedestrian and bicycle paths including the accessible path. The accessible path shall be in accordance with the requirements of California Building Code and the Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines. The pedestrian and bicycle handling shall include drawing(s) showing proposed pedestrian and bicycle handling devices including temporary markings, signage and wayfinding signs. The Contractor shall submit the plan for 102% Page 615 of 1482

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review and approval by the Engineer. Where the plan affects public right-ofway controlled by other jurisdictions, the Contractor shall also apply to the jurisdictional agency for approval and obtain the necessary permits. All pedestrian and bicycle handling devices and signage shall be in compliance with the accessibility requirements of the California Building Code and the Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines.

4. Include pedestrian and bicycle handling for each phase of the WORK requiring different pedestrian diversion patterns and methods of control.

Include for each phase detailed SCHEDULES for performance of WORK and include proposed pedestrian handling devices.

5. Where overhead protection is required for walkways during construction, the requirement for Covered Walkways of Chapter 33 of California Building Code shall be followed.

B. Control Devices and Facilities:

1. Furnish, install, operate, maintain, and remove when no longer required, all traffic control and protective devices required for the approved traffic plan.

2. Traffic control and protective devices shall include changeable message signs, arrow boards, detour signs; temporary barricades and guard rails; temporary crash cushions; temporary delineators; temporary signs; temporary railing (Type K); temporary Alternative Crash Cushion (TACC); temporary lighting, overhead warning lights and flashing lights; temporary pavement stripes and markings, and removal of permanent and temporary pavement markings; and the services of qualified flaggers.

3. Maintain communication with the jurisdictional agency(s) regarding the Contractor’s operations in maintaining and controlling traffic.

C. Traffic Control Signs: Each change in location of traffic shall be adequately posted with signs mounted on barricades or standard posts in accordance with requirements of Caltrans Standard Specifications, Section 12. Temporary “No Parking” signs that are to be used for short periods will be provided by local authorities. The Contractor shall make arrangements for providing temporary “No Parking” signs.

D. Pavement Marking: Install necessary temporary and permanent pavement marking as required in connection with the temporary street work and remove or obliterate existing or temporary pavement markings whenever vehicle traffic is moved to a newly available pavement area or to different traffic patterns. Refer to Section 32 17 23, Traffic Stripes and Pavement Markings, and Section 02 10 00, Selective Demolition, for requirements.

E. Prior to starting WORK on each phase requiring traffic control, demonstrate to the satisfaction of the Engineer that necessary materials, equipment, and personnel are on site and that, once started, WORK can be completed in an expeditious manner without interruptions.

F. Redirecting Traffic:

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connection with the WORK will be subject to approval of the appropriate jurisdictional agency. Existing local standards for signing and marking of construction areas will apply in addition to the requirements of Caltrans Standard Specifications, Section 12.

2. When required by the Contract Specifications, or indicated on the Contract Drawings, or required by responsible public agencies, the Contractor shall construct, maintain, and remove detours for the use of public traffic.

3. Failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the WORK until such detours are in satisfactory condition for use by public traffic.

G. Temporary Closing to Traffic: Prior to temporary closing to traffic of any street, sidewalk, or other access, or to changing traffic patterns from those indicated on the Contract Drawings, obtain approval from appropriate jurisdictional authority, and comply with imposed conditions, at least two weeks before such closures or changes are made. Deviations will be for an emergency condition affecting life and property only, and the Contractor shall immediately notify the Engineer and the appropriate jurisdictional authority of any such emergency changes. Copies of all approvals shall be furnished to the Engineer.

H. Temporary Walkways: In areas where removal of existing sidewalks is necessary, access to adjacent businesses, entrances, and properties shall be maintained by temporary walkways having a width of not less than four feet.

I. Temporary Paving and Patching: Construct, maintain, and remove temporary pavement and patching required to safely and expeditiously handle vehicle and pedestrian traffic, within or adjacent to the jobsite. Temporary pavement and patching composition shall conform to the specifications of the local jurisdictional authority. Any construction, maintenance, or removal required by the Contractor’s operations off site shall conform to the requirements specified herein.

J. New and Existing Traffic Control Devices:

1. The Contractor shall arrange with the respective county and municipal authorities to provide governmental services as required for salvaging reusable traffic signs.

2. The Contractor shall provide such WORK and construction services as may be required by county and municipal authorities to assist in salvaging reusable and traffic signs all in accordance with jurisdictional standards and regulations.

1.09 CONSTRUCTION OPERATIONS UNDER TRAFFIC
A. Definitions: “Construction equipment” is defined for the purposes of this Article as all types of equipment, vehicles, and tools used in connection with construction WORK.

The term “workers” includes every person or firm performing work in or adjacent to public streets.

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operated at normal traffic speeds. If this is not practicable, a slow-moving vehicle emblem shall be displayed in accordance with the California Vehicle Code.

Construction equipment shall not be parked in any lane intended for use by normal traffic. Equipment parked or stored at the WORK site shall be behind a guard rail, barrier, curb, or other protective device.

C. One-Way Traffic: No construction equipment shall be operated in traffic lanes, except in the designated direction of travel for respective lanes.

D. Construction Operations:

1. SCHEDULE surface operations so that WORK is not carried on intermittently throughout the area. Excavation or construction activities shall be scheduled and pursued to completion as required to permit opening of street areas to traffic without unnecessary delays.

2. No construction WORK involving occupancy of traffic lanes shall be performed during adverse weather conditions or adverse road conditions, and traffic shall be properly safeguarded by the use of flashers and lights in addition to the signs and other markings specified herein. During these periods, no construction deliveries shall take place over a travel lane or immediately adjacent thereto.

3. When traffic conditions dictate, the Contractor shall modify its WORK operation for such length of time as required to alleviate the hazardous traffic conditions.

E. Equipment Travel:

1. No construction equipment other than that designated and used for general highway transportation shall be moved on streets during hours of darkness or periods of adverse weather conditions that reduce normal visibility.

2. Any construction equipment or material required for construction operations which exceeds the maximum vehicle dimensions specified in the Motor Vehicle Code, shall be moved only in accordance with established State and local regulations. No such oversize load shall be moved over public streets without first obtaining approval of the appropriate jurisdictional authority.

F. Crossing Traffic Lanes: Construction equipment entering the traveled way from the median shall be safeguarded by a portable changeable message sign and with flaggers as required. Where traffic speeds are high, slow-moving construction equipment entering the traveled way shall be protected by a “rolling barricade” supplied by the California Highway Patrol (CHP). This operation shall be performed at off-peak hours, and requires coordination between the Contractor and the CHP, with the cost being borne by the Contractor.

G. Flaggers: When flagging is required, provide qualified flaggers and flagging in accordance with the requirements of the California MUTCD, Part 6.

H. Removal of Traffic Control Devices: All temporary signs, barricades, barrier curbs, crash cushions, drums, and cones used to safeguard traffic in connection with construction WORK shall be removed at the close of the WORK day, unless the state 102% Page 618 of 1482

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of the WORK is such that warning devices are still needed and are adapted for night closing.

I. Storage: No material or traffic control devices shall be stored on any lane intended for traffic use.

1.10 PORTABLE CHANGEABLE MESSAGE SIGNS (CMS)
A. When conditions warrant, portable changeable message signs shall be furnished, placed, operated, and maintained at locations indicated or designated by the ENGINEER, in accordance with Section 12-3.01. “General,” of the Caltrans Standard Specifications.

B. The CMS shall be in continuous operation during the hours when trucks are entering or leaving the leaving roadway at a rate greater than two trucks per hour or are needed for detours.

C. Each portable changeable message sign unit shall consist of a three-line matrix sign panel, a controller unit, a power supply, and a structural support system all mounted on a trailer. The unit shall be assembled to form a complete self-contained portable changeable message sign that can be delivered to the site of the WORK and placed in immediate operation. The complete message sign unit shall be capable of operating in an ambient air temperature range of minus 20 degrees Celsius to plus 70 degrees Celsius and shall not be affected by mobile radio transmissions.

D. The trailer shall be equipped with at least three adjustable outrigger leveling pads near the frame corners to permit stable job site installations. The unit shall be capable of resisting overturning under wind loads of 60 mph with the sign in the fully elevated position. The overall width of the trailer unit, including the sign and mounting brackets, shall not exceed 102 inches while being towed.

E. The message displayed on the sign shall be visible from 1200 feet and shall be legible from a distance of 750 feet, at noon on a cloudless day, by persons with vision corrected to 20/20. The sign shall be capable of displaying a minimum of eight characters per line on each of three lines.

F. The sign face shall be flat black and shall be protected from sun-glare by a method that does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power-driven lifting mechanism.

G. The matrix sign shall be capable of a complete alphanumeric selection.

H. Lamp matrix type signs shall be equipped with an automatic dimming operational mode which automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of three or more different lamp intensities.

I. Non-lamp matrix signs shall be internally illuminated at night. 102% Page 619 of 1482

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J. The controller shall be an all-solid-state unit containing all the necessary circuitry for the storage of at least five pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position.

A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the preprogrammed five. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller.

K. The controller shall contain a non-volatile memory to hold the keyboard created messages in memory during a non-power period. It shall allow for a variable message display rate that allows the operator to match the information display to the speed of the approaching motorists. The flashing off time shall be operator adjustable within the control cabinet.

L. Full operation height shall be with the bottom of the sign at least seven feet above the ground and the top no more than 14 feet, six inches above the ground. P. The portable changeable message signs, when no longer required for the WORK, shall become the property of the Contractor.

1.11 POLLUTION ABATEMENT – GENERAL REQUIREMENTS
A. Conduct construction operations in a manner that will minimize pollution of the environment surrounding the area of the WORK by all practicable means and methods. Apply specific controls as specified in the Contract Specifications and as follows:

1. Waste Materials: No waste or eroded materials shall be allowed to enter natural or man-made water or sewage removal systems. Eroded materials from excavations, borrow areas, or stockpiled fill shall be contained within the WORK area. The Contractor shall develop methods for control of erosion.

2. Burning: No burning of waste materials or debris will be permitted.

3. Burying: No burying of waste materials and debris will be permitted within the limits of the project site and must be disposed of offsite.

B. Provide for and maintain the flow of all sewers, drains, building or inlet connections, and all water courses which may be encountered during progress of the WORK. Do not allow the contents of any sewer, drain, or building or inlet connection to flow into trenches. Immediately remove from proximity of the WORK all offensive matter, using such precautions as are required by local authorities having jurisdiction.

1.12 DUST CONTROL
A. The Contractor shall take whatever steps, procedures, or means as are required to prevent dust conditions being caused by its operations in connection with the execution of the WORK; and on any road which the Contractor or any of its Subcontractors are using, excavation or fill areas, demolition operations, or other activities. Control shall be by sprinkling, use of dust palliatives, modification of operations, or any other means acceptable to agencies having jurisdiction. Contractor shall ensure that any deleterious effect from its WORK does not affect plant personnel, plant operation nor the Distributed Control System. 102% Page 620 of 1482

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B. Damage to personal property, etc., resulting from the Contractor’s construction operations shall be borne by the Contractor at no cost to the City or County.

C. The Contractor shall keep the streets and WORK area clean at all times by means of mechanical sweepers or hand sweeping. Water will be used for dust control only, and not for cleaning streets.

1.13 WASTE DISPOSAL
A. The Contractor shall dispose of surplus materials, waste products, and debris and shall make necessary arrangements for such disposal. The Contractor shall obtain written permission from property owner prior to disposing surplus materials, waste products, or debris on private property.

B. All waste disposal shall be done in accordance with applicable laws and regulations.

C. If the Contractor proposes to dispose of construction debris, trench spoils, excavation spoils, etc., at a landfill, it shall be responsible to provide and pay for all permits and analyses required by the landfill. If the analyses determine that the material is hazardous, then an equitable adjustment of the Contract for the cost of hazardous waste disposal will be made in accordance with Article 7 of Document 00 72 00, General Conditions, and the following: Time extension or contract costs will not be granted for delays that could have been avoided by the Contractor redirecting its forces and equipment to perform other WORK on the contract.

D. Ditches, washes, or drainage ways shall not be filled.

E. Disposal operations shall not create unsightly or unsanitary nuisances.

F. The Contractor shall maintain the disposal site in a condition of good appearance and safety during the construction period as determined by the Engineer.

G. Prior to final acceptance of the WORK, the Contractor shall have completed the leveling and cleanup of the disposal site.

1.14 CLEAN UP
A. Throughout the period of construction, the Contractor shall keep the WORK site free and clean of all rubbish and debris. Contractor shall return the site and facilities to their original “as-found” condition, unless otherwise specified in the Contract Documents, at the completion of the project. Refer to Section 01 74 00, Cleaning.

1.15 TEMPORARY ENCLOSURES
A. When sandblasting, spray painting, spraying of insulation, or other activities inconveniencing or dangerous to property or the health of employees, the public or construction workers, are in progress, the area of activity shall be enclosed adequately to contain the dust, over spray, or another hazard. In the event there are 102% Page 621 of 1482

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no permanent enclosures of the area, or such enclosures are incomplete or inadequate, the Contractor shall provide suitable temporary enclosures as required by the Engineer to meet field conditions in accordance with the recommendations of the owner-furnished equipment supplier (if applicable) and the Contractor’s equipment supplier requirements. Said temporary or permanent enclosures shall be adequately ventilated to ensure the safety of the workers.

1.16 DRAINAGE
A. The Contractor shall take all necessary actions as required to meet discharge requirements of the State of California Regional Water Quality Control Board (RWQCB) and other pertinent local ordinances and regulations pertaining to dewatering and/or site drainage discharged into storm drains and creeks. This may include, but may not be limited to, the use of retention basins and silt basins to settle most of the solids prior to discharge.

B. In excavation, fill, and grading operations, care shall be taken to disturb the preexisting drainage pattern as little as possible. Particular care shall be taken not to direct drainage water onto private property or into streets or drainage ways inadequate for the increase flow. Drainage means shall be provided to protect the WORK.

1.17 TEMPORARY LIGHTING
A. The Contractor shall provide temporary lighting in all WORK areas sufficient to maintain a lighting level during working hours not less than the lighting level required by OSHA standards.

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

B. Temporary supports shall be designed with an adequate safety factor to assure adequate load bearing capability. Whenever required by safety regulations, the Contractor shall submit design calculations for staging and shoring prior to application of loads.

1.19 REMOVAL OF TEMPORARY FACILITIES AND UTILITIES
A. At such time or times as any temporary construction facilities and utilities are no longer required for the WORK, the Contractor shall notify the Engineer of its intent and SCHEDULE for removal of the temporary facilities and utilities, and obtain the Engineer’s approval before removing the same. As approved, the Contractor shall remove the temporary facilities and utilities from the site as its property and leave the 102% Page 622 of 1482

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site in such condition as specified, as directed by the Engineer, and/or as shown on the Drawings.

B. In unfinished areas, such as planted medians, the condition of the site shall be left in a condition that will restore original drainage, evenly graded, seeded or planted as necessary, and left with an appearance equal to, or better than original.

1.20 ACCESS CONTROLS
A. Public Access

1. Convenient access to driveways and buildings in the vicinity of WORK shall be maintained at all times. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition.

2. When leaving a WORK area and entering a roadway carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall in all cases yield to public traffic.

B. Private Property

1. Conditions on Right-of-Way Agreements for private properties shall be adhered to by Contractor.

2. Contractor shall make provisions, as necessary, to protect private property from damage due to construction, including putting up and maintaining temporary fencing around the construction area.

1.21 NOISE CONTROL
A. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any WORK performed pursuant to the contract. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer, so as to produce a maximum noise level of 65 dBA at five (5) feet. No internal combustion engine shall be operated on the project without said muffler.

B. In inhabited areas, particularly residential, operations shall be performed in a manner to minimize unnecessary noise generation. In residential areas, special measures shall be taken to suppress noise generated by repair and service activities during the night hours.

C. Offices, shops and/or factories surround the project area and will be occupied during the course of construction. Every effort shall be made to minimize excessive levels of noise, particularly over a prolonged period of time. Scheduling of particularly noisy construction operation shall be coordinated with the City and County.

D. Powder actuated anchors and fasteners may be used if approved, and were directed by the Engineer. Blasting of any description is strictly prohibited on any portion of the WORK of this contract.

E. Use of radio or other music amplification devices will not be permitted on the job site. 102% Page 623 of 1482

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PART 2 - PRODUCTS

2.01 PRODUCTS
A. All construction area stationary and portable sign panels, detour signs, lights, temporary barricades, temporary crash cushions, temporary delineators, temporary signs, temporary railing (Type K), temporary Alternative Crash Cushion (TACC), temporary pavement stripes and markings, and traffic control devices shall be the product of a commercial sign or safety device manufacturer conforming to the requirements of Section 12, "Temporary Traffic Control Devices," of the Caltrans Standard Specifications, unless otherwise specified in this Section 01 50 00, the Contract Documents, and/or as directed by the Engineer in writing.

PART 3 - EXECUTION
Not Used

END OF SECTION
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______________________________________________________________________ SECTION 01 57 22

CONTROL OF WATER
PART 1 - GENERAL

1.01 APPLICABLE SECTION
A. The requirements/provisions of the General and Supplementary Conditions and Division 1 Specification Section shall apply to this section.

1.02 DESCRIPTION OF WORK
A. Control of Water shall consist of doing all work and furnishing all materials required to design, construct, operate, and maintain measures to control water during the entire construction period including, but not limited to, the design, construction and operation of dewatering systems for construction of the bridge. The Contractor shall note that periodic discharges from rainfall, surface runoff, and subsurface water can be expected at any time of the year.

B. Control of water will include, but not be limited to, the work necessary to control water in the creek channel for construction of the project, which includes diversion to allow creek water to bypass the Project area in accordance with BMPs and permit conditions, design, construction, and operation of dewatering systems for excavations and construction of embankments.

C. Contractor should assume there may be outfall discharges upstream of the project site which are random, unpredictable, and which periodically discharge water. Contractor shall be responsible for installation of measures, such as sandbags, etc. as a cofferdam immediately upstream of the work to maintain dry conditions within the project limits and divert creek water in order to complete the Contract Work.

D. Contractor will note that the terms “dry” and “in the dry” refer to conditions of the work area in native material such that the work is not impeded nor adversely impacted.

Satisfying those conditions is made a part of this Section.

E. Contractor is advised that water captured from dewatering and water pollution prevention may be used for other construction purposes if appropriately treated for controlling pollutants.

1.03 REFERENCE STANDARDS
A. Not Used

1.04 QUALITY ASSURANCE
A. Not Used

1.05 SUBMITTALS