Appendix — San Jose City Council, March 1, 2022 (part 4 of 4)

Ineligible:

Applies to Contractors of any tier excluded from participation in the OCIP, including those involved in loading, transporting, and unloading materials, personnel, parts, or equipment, or any other items to, from or within the Site. Also described in this manual as an Excluded Contractor.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

The Sponsor, Participating Contractors, and any other party so named in the insurance policy.

Insurer:

The insurance company named on a policy or certificate of insurance that provided coverage for the OCIP.

Participating Contractor: See Enrolled
Project Site:

Project Site shall mean those areas designated in writing by Sponsor for performance of the Work and such additional areas as may be designated in writing by Sponsor for Contractors use in performance of the Work. Subject to notification and other requirements for off-site locations, the term Site shall also include (a) field office sites, (b) property used for bonded storage of material for the Project approved by Sponsor, (c) staging areas dedicated to the Project, and (d) areas where activities incidental to the Project are being performed by Contractors covered by the workers’ compensation policy included in the OCIP, but excluding any permanent locations of Contractors.

Sponsor:

City of San Jose
Work:

Operations as fully described in the Contract, performed at, or emanating directly from the Project Site. Also, the entire completed construction or the various separately identifiable parts required to be furnished under the Contract documents.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

4.0 CONTRACTOR RESPONSIBILITIES
Contractors of any tier are required to cooperate fully with the Sponsor and its OCIP Administrator in all aspects of OCIP operation and administration. All Contractors of any tier will be required to provide information necessary to bind coverage under the OCIP on a “per contract” basis. Responsibilities of the Contractor include:
 Identifying the cost of insurance which is excluded from their bid as appropriate; submits the Contractors Insurance Cost Worksheet (Form B) at the time of OCIP enrollment
 Completion of all OCIP enrollment forms
 Include the OCIP provisions in all subcontracts as appropriate  Notifying the OCIP Administrator of all subcontracts awarded and to provide all necessary enrollment forms
 Notifying the OCIP Administrator of all lower tier subcontracts awarded by providing the Notice of Award Form (Form F) and ensuring eligible lower tier Subcontractors enroll in the OCIP
 Maintaining and reporting monthly payroll records
 Cooperating with the OCIP Administrator’s requests for information  Complying with insurance, claim, and safety procedures  Paying Contractor Claims Obligation within 10 business days of notification from Sponsor
 Notifying the OCIP Administrator immediately of any insurance cancellation or nonrenewal (contractor-required insurance)  Complying with any Return to Work Program requirements

4.1 Alliant WrapX
Alliant WrapX (WrapX) is a proprietary Risk Management Information System (RMIS). All relevant OCIP information will be captured and stored online in a “paperless” format through WrapX. Information to be stored includes award notifications, enrollment information, OCIP DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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payroll, and notice of work completions for all contractors on a per contract basis. Alliant Insurance will provide all OCIP Eligible Contractors a project welcome letter detailing instructions for utilizing the WrapX contractor portal upon receipt of a Notice of Award for the awarded contractor.

Submission of all OCIP related documents should be sent by e-mail to:
[email protected]
If you should have any questions or require additional information about this process or other matters related to the OCIP, please contact your OCIP Administrator identified in Section 2:

Project Directory of this Manual.

4.2 Contractor Bids
Each bidder is required to exclude from the bid/contract price its normal cost for the insurance coverages provided by the OCIP. Contractors of any tier shall submit an Insurance Cost Worksheet (see Section 8) to the OCIP Administrator, which will identify the estimated Cost of OCIP Coverages. Insurance Cost Worksheet will be due during the OCIP enrollment process, following contract award.

The “Cost of OCIP Coverages” is defined as the amount of Contractors’ reduction in insurance costs due to eligibility for OCIP Coverages, as determined by using the Alliant WrapX system which includes the Enrollment Form and the Insurance Cost Worksheet. Instructions for access to Alliant WrapX are located in Section 8 of this Insurance Manual. The Cost of OCIP Coverages includes reduction in insurance premiums, related taxes and assessments, markup on the insurance premiums and losses retained through the use of the self-funded program, self-insured retention, or deductible program. The Cost of OCIP Coverages must include expected losses within any retained risk.

Contractor must deduct the Cost of OCIP Coverages for all lower tier Subcontractors, in addition to its own Cost of OCIP Coverages. If, upon verification by the OCIP Administrator, it is found by the Sponsor that the Cost of OCIP Coverages were not excluded from the contract, a deductive change order will be issued to remove these costs.

Upon award of a contract, Contractor will receive access to the OCIP Administrator’s website, for online data submission. (see instructions in Section 8) Contractor shall submit their Insurance Cost Worksheet online, including copies of their Workers’ Compensation, General Liability and Excess Umbrella rate and declaration pages. Contractor must include any DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

In the event the Sponsor elects not to include a Contractor of any tier’s work under the OCIP, the standard terms and conditions regarding insurance listed in the Contract Document will then apply. The OCIP Administrator will advise a Contractor of any tier, which has submitted an enrollment form, if excluded from the OCIP.

Contractor shall cooperate fully with the OCIP Administrator in providing the necessary insurance data and information as required in the bid specifications and associated documents furnished by the Sponsor and/or OCIP Administrator as and when required during the duration of the project or until Sponsor-furnished insurance coverages are terminated.

4.3 Enrollment
Enrollment in the OCIP is required but not automatic. Eligible Contractors must complete the enrollment form online (see instructions in Section 8), and participate in the enrollment process for the OCIP coverage to apply. Access to the project site will not be permitted until the enrollment is complete.

Each Contractor of any tier shall provide details about its lower tier Subcontractors via the Notice of Contract Award Form F (contained in Section 8). This form must be completed and submitted to the OCIP Administrator prior to mobilization. Each Contractor is responsible to complete their Enrollment online to obtain coverage under the OCIP.

A separate online Enrollment and Contractor’s Insurance Cost Work Sheet is required for each Contract which you are performing Work; however, only one Workers’ Compensation policy will be issued for your firm.

4.4 Assignment of Return Premiums
The Sponsor will pay the cost of the OCIP insurance coverage. The Sponsor will be the sole recipient of any return OCIP premiums or dividends. All Participating Contractors shall assign to Sponsor all adjustments, refunds, premium discounts, dividends, credits, or any other monies due from the OCIP insurers.

4.5 Payroll Reports
Each Participating Contractor must submit a Monthly Payroll Report online identifying manhours and payroll for all work performed at the Project Site on a “per contract” basis to the DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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OCIP Administrator. This information will be used to provide the insurance company with the information required to determine the premium for the OCIP.

The monthly man-hour reports shall certify all Work performed at or emanating directly from the Project Site, including supervisory and clerical personnel on site.

Payroll shall be unburdened and allocated by Workers’ Compensation Classification(s), and shall exclude the excess or premium paid for overtime (i.e., only the straight time rate shall apply to overtime hours worked). Furthermore, such records shall limit the payroll for Owners and Executive Officers as stated in manual rules.

A Separate Monthly Payroll is required for each Contract for Work you are performing.

4.6 Insurance Company Payroll Audit
Each Participating Contractor is required to maintain payroll records for the Project Site in accordance with the Basic Manual of Rules, Classifications, and Experience Rating Plan for Workers’ Compensation and Employers Liability Insurance. Each Participating Contractor is required to participate in any audit conducted by the insurers for the OCIP, the OCIP Administrator, Sponsor, external or internal auditors of Sponsor, the State and to cooperate with the auditor(s) conducting such audit.

4.7 Completion of Work
When a Participating Contractor has completed its work, each Participating Contractor shall complete a Notice of Work Completion online and submit it to the OCIP Administrator. The Sponsor will not release final payment until all required data has been submitted to and approved by the OCIP Administrator. It is the upper-tier Contractor’s responsibility to assure that each of their lower-tier Subcontractors completes this form. This form must be completed separately for each contract.

Any Contractor Claims Obligation that Contractors of any tier are responsible for will be considered at the time of the Contract close-out unless the actual cost of the claim has been established and considered prior to close-out.

4.8 Approved Off-Site Locations
The Contractor is responsible, on behalf of itself or its lower tier Subcontractors or subSubcontractors, for applying for approval to have off-site locations covered by the OCIP. The Contractor, prior to the use of the site, shall notify the OCIP Administrator of the need and DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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shall request approval of the site. The request should include the location address, description of the site, intended use, and the duration of the work to be performed at the site. The off-site location must be dedicated 100 % to the Project. The OCIP Administrator will notify the Contractor in writing if and when the off-site location is approved by the OCIP Insurer.

Contractor shall not assume OCIP coverage is provided for the off-site location until Contractor has received written confirmation from the OCIP Administrator.

4.9 Safety
Contractors of any tier are required to establish a written safety program and to provide a fulltime qualified Safety Manager or designated competent safety representative who shall be onsite when any work is in progress. Non-compliance with Project Loss Control Requirements could be considered to be the same as non-compliance with another contractual condition.

Minimum standards for Contractor programs are outlined in the Project Safety Manual.

The Sponsor or its loss control representatives will have the right to “Stop Work” when serious defective conditions, unsafe work activities, or life threatening hazards are identified. In accordance with contract requirements, if deemed necessary, the Sponsor may remove any contractor and/or contractor employees that blatantly violate these requirements. The Sponsor, at its discretion, will designate an individual to act on its behalf, in all matters relating to work site safety and health.

4.10 Claims Reporting
Please refer to section 7 of this Manual.

4.11 Change Order Procedures
All change orders submitted by Contractor of any tier will be priced to exclude their normal cost of insurance for the coverage(s) that are provided by the OCIP. The final adjustment will take into account all insurance charges associated with any approved change orders. The Sponsor reserves the right to adjust the initial insurance deductive change order for any significant change orders.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

5.0 INSURANCE COVERAGE

5.1 Covered Parties
Contractors of any tier must enroll in the OCIP before coverage is available to them for any loss. No Contractor of any tier shall begin work on site until they have properly enrolled in the OCIP. All insurance, underwriting, payroll, rating or loss history information (including evidence of other insurance required under Section 5 requested by the Administrator) must be provided to the Administrator by Contractor of any tier within five (5) working days of the request. A Contractor of any tier shall not be deemed to be a Participating Contractor and shall not be permitted to work on the project until enrolled in the OCIP by the Administrator. Enrollment will be established only upon issuance by the Administrator of a OCIP Certificate of Insurance to the Participating Contractor. Every Participating Contractor shall, at all times during and after the Project, cooperate with the Sponsor, the Administrator, and the OCIP insurers and adjusters concerning matters relating to the OCIP.

5.2 Parties Not Covered
Contractors of any tier who will not be included in participation in the OCIP (Nonparticipating Contractors) shall include all vendors, suppliers, truckers, material dealers, and delivery services companies- regardless of contract size. Nonparticipating Contractors shall not be permitted to work on the Project until they have provided to the OCIP Administrator evidence of their compliance with the insurance requirements as outlined in the Contract document.

5.3 Exclusion of Contractors from the OCIP
The Sponsor has the exclusive right to exclude other Contractors of any tier from participating in the OCIP. Such Nonparticipating Contractors, who will not be covered under the OCIP, must comply with the insurance requirements as outlined in the Contract document.

5.4 Evidence of OCIP Coverage
Each Participating Contractor will be issued an individual Workers’ Compensation policy including Employer’s Liability coverage. The OCIP Administrator will also provide a Certificate of Insurance evidencing General Liability, and Excess Liability insurance to each Participating Contractor, each of whom will be a named insured on the policy. Other documentation including forms, posting notices, if any, will be furnished to each Participating Contractor. A complete copy of the policy will be furnished to an authorized representative of each Participating Contractor upon written request.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

5.5 Description of Insurance Coverages
The following coverage is provided by the OCIP:
 Commercial General/ Excess Liability
 Workers’ Compensation and Employer’s Liability
The following additional coverages are provided outside of the OCIP:
 Builders’ Risk
 Pollution Liability Insurance
Non-Workers’ Comp Insurance Policies: Master policies will be endorsed to include the Sponsor and any of their affiliates, or subsidiary companies or corporations, as well as the Contractors enrolled in the OCIP as a Named Insured.

The following coverage summaries are provided for informational purposes only. The actual terms and conditions of the coverage provided are contained in the insurance policies under the OCIP, and the Sponsor and others shall not rely upon this summary in lieu of the policies themselves. Copies of the policies will be made available to all potential Participating Contractors upon written request.

5.5.1 Workers’ Compensation and Employer’s Liability Insurance Workers’ Compensation and Employer’s Liability
Part One: Workers’ Compensation Statutory Limit
Part Two: Employer’s Liability Annual Limits Per Insured Bodily Injury by Accident, each accident $1,000,000
Bodily Injury by Disease, each employee $1,000,000
Bodily Injury by Disease, policy limit $1,000,000
Each Enrolled Contractor will be issued a separate workers’ compensation policy DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

5.5.2 Commercial General Liability Insurance
Limits of Liability
Shared by All Insureds for All Projects
General Aggregate (Reinstates Annually) $ 4,000,000
Products/ Completed Operations Aggregate $ 4,000,000
Personal/ Advertising Injury $ 2,000,000
Each Occurrence Limit $ 2,000,000
Fire Damage Legal Liability (any one fire) $ 100,000
Medical Payments (any one person) $ 10,000
Products/Completed Operations Tail
10 years/Statute of
Limitation
Deductible Paid for by Sponsor
The deductible will apply only to loss covered by insurance policies in the OCIP. The deductible does not impose upon the Sponsor any duties of an insurer toward Participating Contractor.

A Single General Liability policy will be issued covering all insureds.

5.5.3 Excess Liability Insurance
Limits of Liability
Shared by All Insureds for All Projects
Each Occurrence Limit Not Less Than $75,000,000
Annual General Aggregate Limit Not Less Than $75,000,000 Follow Form Excess Policy

5.5.4 Builders’ Risk Insurance
The Sponsor shall obtain and maintain in force during the term of this Agreement, a Builders’ Risk Insurance policy or policies separate from the OCIP, which shall insure against all risks of physical loss and/ or damage including flood and excluding earthquake, subject to normal policy exclusions, to all buildings, structures, materials, and real property on site, which are intended to be, or have already been incorporated into and forming part of the Project, whether or not such buildings, structures, materials, or real property will have been supplied or made available to Contractors by Sponsor.

The Builders’ Risk policy shall be endorsed to add Contractors of any tier as additional named insureds’, as their interests may appear and to waive the carrier’s right of recovery under subrogation against City of San Jose and all other Contractors of any tier whose interests are insured under such policy.

Unless required otherwise by Sponsor, claims under Builders’ Risk insurance provided are subject to a Contractor Claims Obligation of five thousand dollars ($5,000) per occurrence. If a claim results from any construction activity, the responsible Contractor, Subcontractor, or Sub-Subcontractor shall pay the Contractor Claims Obligation up to $5,000. All Builders’ Risk DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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losses will be adjusted with and payable to the Sponsor or the Designee for the benefit of all parties as their interest may appear.

The Sponsor shall not be responsible for loss or damage to, or obtaining and/or maintaining in force insurance on temporary structures, construction equipment, tool or personal effects, owned or rented to or in the care, custody, and control of a Contractor of any tier.

5.5.5 Pollution Liability Insurance
a. Insurer: TBD
b. Terms of Insurance: TBD
c. Policy Limits: Not less than
$5,000,000 Per Occurrence
$5,000,000 Aggregate
d. Policy Form: Pollution Liability-Occurrence Based
f. Premium Payments By Sponsor
g. Deductibles/ SIR By Sponsor

5.6 OCIP Termination or Modification
The Sponsor reserves the right to terminate or modify the OCIP or any portion thereof. If the Sponsor exercises this right, Contractors will be provided notice as required by the terms of their individual contracts. At its option, Sponsor may procure alternate coverage or may require the Contractors to procure and maintain alternate insurance coverage.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

6.0 CONTRACTOR REQUIRED COVERAGE
Contractors of any tier are required to maintain insurance coverage that protects the Sponsor from liabilities arising from the Contractor of any tier’s operations performed away from the project site, for types of coverage not provided by the OCIP, and for operations performed in connection with excluded parties operating under Contractor or any tier’s operations control or direction.

Verification of insurance shall be submitted in the form of a Certificate of Insurance on a standard ACORD Form 25-S and the required and applicable endorsements to the listed policies. A sample of an acceptable Certificate of Insurance and other documentation is provided in the Appendix.

Contractors are responsible for monitoring their lower tier Subcontractors insurance documents, whether enrolled or excluded. Sponsor reserves the right to disapprove the use of Contractors and their lower tier Subcontractors unable to meet the insurance requirements.

Certificates evidencing compliance shall be submitted to Sponsor.

The limits of liability shown for the insurance required of the Contractor is not intended to restrict the liability imposed on the Contractors for Work performed under their Contract or any indemnification provisions in Contract.

At Contractors sole cost and as shall be included in any proposals, Contractors of any tier agree to obtain and maintain during the life of this contract the following minimum insurance requirements:

6.1 Workers’ Compensation
All Participating Contractors shall maintain Workers’ Compensation Insurance applicable to all employees and Subcontractors hired by the insured, who are not covered under the OCIP workers’ compensation policy. The insurance shall provide limits as follows:

Workers’ Compensation and Employer’s Liability
Part One: Workers’ Compensation Statutory Limit
Part Two: Employer’s Liability Annual Limits Per Insured Bodily Injury by Accident, each accident $1,000,000
Bodily Injury by Disease, each employee $1,000,000
Bodily Injury by Disease, policy limit $1,000,000
Enrolled Contractors shall provide evidence of workers’ compensation applicable to “off-site” activities. Excluded Contractors shall provide evidence of workers compensation applicable to “on-site” and “off-site” activities.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

6.2 General Liability
This insurance shall include coverage for bodily injury, property damage, and personal injury with no less than the following limits:

General Liability and/or Excess Liability
Enrolled Parties Excluded Parties
General Aggregate $ 2,000,000 $ 2,000,000
Products/ Completed Operations Aggregate $ 2,000,000 $ 2,000,000 Personal/ Advertising Injury $ 1,000,000 $ 4,000,000
Each Occurrence Limit $ 1,000,000 $ 4,000,000
Enrolled Contractors shall provide evidence of general liability insurance for “off-site” activities.

Excluded Contractors shall provide evidence of general liability insurance applicable to “onsite” and “off-site” activities.

A certificate of insurance evidencing this coverage shall be provided to the Sponsor. This insurance shall be endorsed to name Sponsor as additional insureds and evidence of such status via additional insured endorsement(s).

6.3 Business Auto Liability
Contractors of every tier will maintain at their own expense Automobile Liability Insurance covering the operations, maintenance, use and loading and unloading of all owned, non-owned, and hired vehicles. As such, all Contractors of any tier shall furnish to the Sponsor a Certificate of Insurance showing such coverage with the following minimum limits of liability.

This insurance shall be endorsed to name Sponsor as additional insureds and evidenced of such status via additional insured endorsement(s):

Business Auto Liability
Combined Single Limit: Bodily Injury and/or Property
Damage
$1,000,000
All Contractors shall provide evidence of automobile liability. The OCIP does not cover automobile liability.

6.4 Construction Equipment Insurance
Any policies maintained by the Participating Contractors on their owned and/or rented equipment and materials shall contain a provision requiring the insurance carriers to waive DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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their rights of subrogation against the Sponsor and all other indemnities named in their contract documents. The OCIP does not cover contractor’s property.

6.5 Professional Liability Insurance (Errors & Omissions) In the event any contract specifications requires a Participating Contractor, including any professional service provider, to perform professional services, such as, but not limited to, architectural, engineering, construction management, surveying, design, etc., a certificate of insurance must be provided to the Sponsor prior to commencing work:

Professional Liability
Each Claim $ 1,000,000
Aggregate $ 1,000,000
Change in limits, coverage, or loss of aggregate limit due to outstanding claims must be reported to the Sponsor within thirty (30) days of any such event. The OCIP does not provide Professional Liability insurance.

6.6 Aviation Insurance
In the event any fixed or rotary aircraft are used in connection with this Agreement and/or execution of the work, a minimum of five million ($5,000,000) of aviation liability insurance must be maintained with the following requirements:
a) The Sponsor must be named as an “additional insured” and a waiver of hull damage must be provided in favor of the Sponsor.
b) Also, if any aircraft is to be used to perform lifts at the project site, a “slung cargo” endorsement must be included to cover the full replacement value of any equipment or material being lifted. All such lifts must be coordinated with the Sponsor for approval prior to lift execution.

The OCIP does not provide Aviation insurance.

6.7 Pollution Liability
If this Agreement involves the removal / hauling of waste or hazardous materials, the removal/replacement of underground tanks, or use of toxic chemicals and substances, the Contractor will be required to provide coverage no less than the following limits, for such exposures subject requirements and approval of the Sponsor:

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

6.8 Conditions of Understanding
The amount and types of insurance coverage required herein shall not be construed to be a limitation of the liability on the part of the Sponsor, Participating Contractors, Nonparticipating Contractors, or any lower-tier Subcontractors. Any type of insurance, or any greater limits of liability than described above, which the Contractor requires for their own protection or on account of statute, shall be the Contractor’s own responsibility and at its own expense. The carrying of the insurance described shall in no way be interpreted as relieving a Contractor of any tier, whether Participating or Non-Participating, of any responsibility of liability under this Contract.

6.9 Other Insurance Required of All Contractors
Participating Contractor shall file certificates of such insurance with the Sponsor, which shall be subject to the Sponsor’s approval for adequacy of protection, including the satisfactory character of any Insurer. If requested by the Sponsor, a certified copy of the actual policy(s) with the appropriate endorsement(s) and other documents shall be provided to the Sponsor.

Contractor shall immediately provide written notice to the Sponsor of any notice of cancellation, notice of non-renewal, or any other material modification of the insurance coverages required to be provided by the Contractor.

In the event of failure of any tier to furnish and maintain said insurance and to furnish satisfactory evidence thereof, the Sponsor shall have the right to take out and maintain same coverage for all parties on behalf of the Contractor of any tier who also agrees to furnish all necessary information thereof and to pay the cost thereof to the Sponsor immediately upon presentation of a premium invoice.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

7.0 CLAIM PROCEDURES
This section describes the basic procedures for reporting various types of claims. A claim kit will be provided to all Participating Contractors. It will include details about claim reporting and is intended for use at the job site.

7.1 Workers’ Compensation Claims
The main responsibility for any Contractor is first to see that the injured worker receives immediate medical care. Next, you should notify the on-site Contractor’s Safety Supervisor immediately in the event of a serious injury or accident.

An Employers First Report of Injury (Form 5020) must be completed and submitted to the onsite safety representative and the OCIP Administrator, along with the DWC-1 (Employee’s Claim) and the Supervisors Report of Injury Form.

The employer of the injured employee must report all Workers Compensation claims to the OCIP insurer within 24 hours of the event.

The Sponsor and their insurer will arrange with preferred medical providers for treatment of all minor or non-life threatening injuries. A list of the providers will be provided to all Participating Contractors.

Participating Contractors must designate a representative at the site to take injured employees to the medical center, and to report the claim. This individual should remain with the injured employee at the center while he/she is being treated. The treating physician should provide a written description of whether or not the injured worker can return to work, a list of restrictions, if any, and the estimated length of time he/she will stay on modified duty.

Participating Contractors must report all Workers Compensation injuries as applicable to their employees to the OCIP insurer as soon as is practical within 24 hours of the incident.

Contractor shall ensure that it or any of its Subcontractors comply with any return to work policy requirements.

7.2 General Liability Claims
Accidents at or around the job site resulting in damage to property of others (other than the Work itself), or personal injury or death to a member of the public, must be reported immediately to the on-site Contractor’s Safety Supervisor. A General Liability Loss Notice (Accord Form 3) shall be completed and delivered within 24 hours to the OCIP Administrator.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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Contractors shall not voluntarily admit liability and shall cooperate with the Sponsor or insurer representatives in the accident investigation.

If your firm receives notice of a claim, or forthcoming lawsuit, or is served with a lawsuit arising out of your involvement with this project, please forward a copy of the documentation to the OCIP Administrator (See Section 2.0: Project Directory for Contact Information)

7.3 Property Claims
Immediately report any damages to your Work or the Work of any other Contractor to the onsite Contractor’s Safety Supervisor. In addition, complete the Property Loss Notice (Accord Form 1) and submit it to the OCIP Administrator within five days of the occurrence.

7.4 Automobile Claims
No coverage is provided for automobile accidents under the OCIP. It is the sole responsibility of each Contractor to report accidents involving their automobiles to their own insurers.

In addition to reporting the claim to its own insurer, each Contractor shall report all accidents occurring in or around the job site to the on-site Contractor’s Safety Supervisor. These accidents will be investigated with regard to any liability arising out of the Project construction activities that could result in future claims. Each Contractor shall cooperate in the investigation of all automobile accidents.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

8.0 APPENDIX
 Enrollment: Alliant WrapX Online Enrollment Instructions  Insurance Cost Worksheet
 Monthly On-Site Payroll Report – ONLINE SUBMISSION REQUIRED  Notice of Work Termination
 Notice of Contract Award

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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Alliant WrapX Enrollment Process
 Enrollment into the project will be completed online.  You will receive access to the online system: Alliant WrapX, within three days after Alliant has been notified of your awarded contract.
 Please contact the Wrap Administrator if you have not been given a login ID and Password
 Link to the Contractor Portal: https://alliantwrapx.alliantinsurance.com/ContractorPortal  After logging into the system, find your newly awarded contract under the Awarded Contracts window.
 Click on Complete Enrollment to begin the process
 The enrollment wizard will start on the Review page. Any section that is not compliant will be listed in Red. Click Edit to begin updating that section, and continue through the enrollment wizard by clicking Next
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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 Please see the required information listed below so you can have all the information ready when you are attempting to enroll.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Corporation, LLC, etc…
2 Parent contractor name Name of company you are contracted with
3 Contractor Federal ID Number Check Alliant data and update 4 Start Date at project site Day physical work starts at jobsite 5 Estimated completion date Can be an estimate
6 Contract Value
7 Contract Description Scope of work
8 Contractor Address Physical address of office. Any P.O. Box should be entered under Mailing address
9 Contractor Main Phone and Fax numbers
10 Contractor Primary Contact Name
11 Contact position
12 Contact phone and fax numbers, and
email address
Email is preferred method for
communication
13 Contractor Payroll Contact Name Can be the same as the Primary Contact 14 Payroll Contact phone and fax numbers,
and email address
Email is preferred method for
communication
15 Workers’ Compensation Class Codes to be
used on job
Can be found in your company WC rate
pages
16 Estimated Man hours and Payroll Required for enrollment 17 Risk ID # Also called Rating Board file #
18 Rating Bureau NCCI or WCRIB or similar name
19 Experience Modifier (EMR) Can be found in your company WC rate pages
20 WC Offsite Carrier Corporate WC carrier name
21 WC Offsite Policy # Corporate WC policy number
22 WC effective date Corporate WC effective date
23 Policy Expiration Date Corporate WC expiration date
24 If any work is being subcontracted out,
please include information about
Subcontractors so enrollment can be
started for each contractor
At a minimum: Contractor name;
estimated start date; contact name, email
and phone number; and contract value
for subcontracted work.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CONTRACTOR ENROLLMENT FORM
Section I
Company Name: Address:

Main Phone#: Main Fax#:

Federal ID#: Company Entity Type (Circle):

Corporation Partnership Sole Proprietor
Limited Partnership JV LLC LLP other________
Primary Contact Name: Primary Contact Phone#: Primary Contact Email:

Payroll Contact Name: Payroll Contact Phone#: Payroll Contact Email:

Work Description: Project Location/ Project Name:

Estimated Start Date: Estimated Completion Date:

Who are you contracted with? Contract Value
Are you subcontracting out any work? □Yes* □No
Section II
Your Workers’ Comp Carrier:

WC Policy #: Eff Date: Exp Date:

Rating Board File#:

Rating Date: Experience Modifier:

State WC Class Code Description Est. Manhours Est. Payroll Totals
Insurance Agent/Broker Information:

Agency Name: Phone:

Contact: Fax:

Email:

Note: City of San Jose reserves the right to determine who participates in the Wrap-Up Insurance Program. I agree that the following insurance charges will be added to my base bid if I am excluded from the Wrap-Up.
*Note: Please complete a Notice of Subcontractor Award, for each of your subcontractors. All contractors MUST complete forms A and B in order for them to commence work on site. ENROLLMENT IS NOT AUTOMATIC.

Signature: ___________________________ Date: __________________________ Name: ______________________________ Title: __________________________ DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

INSURANCE COST WORKSHEET
Section I
Contract/Bid Information
Contractor Name: Alliant Assigned Contract #
Gross Contract Value(including insurance Net Contract Value(excluding insurance cost): $ Cost): $
Estimated On Site Payroll:
(Auto-fill from Section II) $
Estimated Work Hours:
(Auto-fill from Section II)
Section II
Calculate your insurance premium.

WC Trade
Classification
WC Class
Code
Work
Hours
Estimated
Payrolls
Current WC
Rate
Premium =
Est. Payrolls x WC Rate
$ $
$ $
$ $
$ $
$ $
Attach separate worksheet if more codes apply.

General Liability Do you have a Large Deductible Program? □Yes Current Rate Factor 100/1000 Payroll OR Receipts Premium $ $
Deductible Amount: $
Excess Liability Is your Excess coverage Non-auditable (Flat)? □Yes Current Rate Factor 100/1000 Payroll OR Receipts Premium $ $
Your O & P % (Overhead and Profit Percentage) % $
TOTAL INSURANCE COST $
Insurance Rate (Cost/Payroll) $
I hereby warrant that this worksheet reflects the projected insurance cost that would apply in the event that my regular insurance program was in force at this location. I also recognize that the Sponsor or their Representative - Wrap-Up Administrator, Alliant may request copies of my actual policies to confirm these costs. *Attach your applicable WC, GL and XS rate pages for rate verification.

Total Manual Premium $
x Experience Mod
= Modified Premium $
Description Rate Modified $ Running Total
+ or - $ $
+ or - $ $
+ or - $ $
+ or - $ $
= Total WC Premium $
WC Premium Rate (Cost/Payroll) $
* Use Project Site Payroll only to
calculate Total Insurance cost.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

City of San Jose Appendix 12A
Dewatering Facility at the San Jose- Owner Controlled Insurance Program Santa Clara Regional Wastewater Facility Contractors’ Insurance Procedures Manual 28 3643403.6 042907 CTR
Signature: ___________________________ Date: __________________________ DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

NOTICE OF WORK TERMINATION FORM
Company Name: Address:

Contact for Audit: Federal ID#:

Name of Project:

First Day on Site: Last Day on Site:

Final Total Payroll: Original Contract Value:

Change Order Amount: Final Contract Value (including change orders):

Complete for all subcontractors
Subcontractor Name Completion Date
Final Contracting Value
(including change orders)
$
$
$
$
We hereby verify that all contract work, including the work of subcontractors, has been completed and all on-site payrolls have been submitted.

Signature:___________________________________________________ Print Name:__________________________________________________Date:________________ TO BE SUBMITTED TO CONTRACTOR FOR COMPLETION:

The above referenced contractor has completed their work at the project site under their contract without firm on the above date.

General Contractor:____________________________________ Signature:_____________________________________________Date:_______________ As per your contract, your final payment may not be released until all payroll has been submitted and payroll audits are performed, including your subcontractor’s work of every tier.

Please return by Email, Fax or Mail to:

Tamika Owens Email: [email protected]
Alliant Insurance Services
701 B St. 6th Floor Phone: 619-849-3997
San Diego, CA 92101
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

PHONE: FAX:

EMAIL ADDRESS: DATE:

WE HAVE AWARDED A SUBCONTRACT AS FOLLOWS:

SUBCONTRACTOR NAME:

ESTIMATED PROJECT START DATE: CONTRACT VALUE:

SCOPE OF WORK
SUBCONTRACTOR ADDRESS:

CONTACT NAME: EMAIL ADDRESS:

PHONE: FAX:

Please Note: It is the responsibility of the Contractor awarding Subcontract to ensure that their tier sub(s) fill out, maintain, and file all necessary Wrap-up Enrollment forms and Insurance documentation with the Wrap-up Administrator. No hired tier sub may commence work until they are properly enrolled into the Wrap-up program, as evidenced by a Certificate of Insurance provided by the Wrap-up Administrator
Please return by Email, Fax or Mail to:

City of San Jose Appendix 12A
Dewatering Facility at the San Jose- Owner Controlled Insurance Program Santa Clara Regional Wastewater Facility Contractors’ Insurance Procedures Manual 31 3643403.6 042907 CTR
(This Page Intentionally Left Blank)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

A
CIP Program
Owner Controlled Insurance
Program (OCIP) Health and
Safety Manual
Date: November 28, 2017
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 2 of 92 This page intentionally left blank DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 3 of 92 Revision
No. Date Description/Amendment Author Reviewed Approved 1 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 4 of 92 This page intentionally left blank DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 5 of 92

TABLE OF CONTENTS
Page

1.0 INTRODUCTION .......................................................................................................7

2.0 DEFINITIONS............................................................................................................7

3.0 PROJECT SAFETY POLICY .....................................................................................9

3.1 Owner's Safety Policy ......................................................................................9

3.2 Proactive Safety Process.................................................................................9

4.0 RESPONSIBILITIES................................................................................................10

4.1 Contractor’s Site Specific Safety Program .....................................................10

4.2 Contractor Responsibilities ............................................................................10

4.2.1 Expectations .....................................................................................10

4.2.2 Safety Representatives.....................................................................10

4.2.3 On-Site Subcontractor Safety Representative or Designee ..............12

4.2.4 Orientation........................................................................................13

4.2.5 Documentation..................................................................................13

4.2.6 Record Keeping................................................................................14

4.2.7 Accident and Incident Investigations.................................................14

4.2.8 Emergency Response.......................................................................15

4.2.9 Emergency Action Plan (EAP) ..........................................................15

4.2.10 Emergency Notification (Fire, Medical or Police)...............................16

4.2.11 Security – Parking, Identification Procedures, Vehicles, Delivery......16

4.2.12 Safety Observations..........................................................................16

4.2.13 Subcontractor Responsibilities..........................................................17

4.3 Project Rules and Regulations.......................................................................17

4.3.1 Enforcement .....................................................................................18

4.3.2 Field Supervisors or Forman.............................................................18

4.3.3 Daily Briefing ....................................................................................19

4.4 Project Safety Team ......................................................................................19

4.5 OCIP Safety Team.........................................................................................19

5.0 OCIP SAFETY STANDARDS AND HEALTH PROCEDURES .................................21

5.1 Safety Representative ...................................................................................21

5.2 Orientation.....................................................................................................21

5.3 Drug Free Work Environment ........................................................................21

5.3.1 Requirements – Drug Free Work Place.............................................22

5.4 Return to Work Program................................................................................23

5.5 Administrative Requirements .........................................................................24

5.6 Aerial Devices................................................................................................24

5.7 Elevating Work Platforms/Scissor Lifts...........................................................25

5.8 Airborne Contaminants & Crystalline Silica....................................................25

5.9 Air Compressors............................................................................................26

5.10 Barricades .....................................................................................................26

5.11 Code of Safe Practices ..................................................................................27

5.12 Concrete Construction ...................................................................................27

5.13 Control of Employee Exposure from Dust Generated by Concrete or Masonry28

5.14 Precast, Pre-Fabricated Concrete Construction, Tilt-Up, Panels....................29

5.15 Rebar and Other Impalement Hazards ..........................................................29

5.16 Confined Space .............................................................................................29

5.17 Cranes...........................................................................................................30

5.18 Rigging, Slings and Hooks.............................................................................32

5.18.1 Qualified Rigger................................................................................33

5.19 Critical Lifts: Cranes, Boom Trucks, Derricks, etc. .........................................34

5.20 Demolition .....................................................................................................34

5.21 Electrical........................................................................................................35

5.22 Emergency Medical Services.........................................................................36 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 6 of 92

5.23 Steel Erection and Construction.....................................................................36

5.24 Excavations ...................................................................................................38

5.25 Fall Protection................................................................................................39

5.26 Fire Prevention ..............................................................................................40

5.27 First Aid .........................................................................................................40

5.28 Flaggers ........................................................................................................41

5.29 Flammables and Combustibles......................................................................42

5.30 Forklifts..........................................................................................................42

5.31 Forms, Falsework and Vertical Shoring .........................................................43

5.32 Guardrails......................................................................................................43

5.33 Hazard Communication .................................................................................45

5.34 Heat Illness Prevention..................................................................................46

5.35 Heavy Equipment ..........................................................................................47

5.36 Housekeeping................................................................................................48

5.37 Injury and Illness Prevention..........................................................................49

5.38 Portable Ladders ...........................................................................................50

5.39 Laser Equipment ...........................................................................................51

5.40 Lighting..........................................................................................................51

5.41 Lock-out or Tag-out .......................................................................................51

5.42 Machine Guarding .........................................................................................52

5.43 Personal Protective Equipment......................................................................52

5.44 Public Protection Plan....................................................................................53

5.45 Ramps and Runways.....................................................................................53

5.46 Scaffolds........................................................................................................54

5.47 Toilets, Washing Facilities, or Sanitation........................................................58

5.48 Tools and Equipment.....................................................................................59

5.49 Traffic Control................................................................................................61

5.50 Welding, Cutting and Other Hot Work............................................................62

6.0 ACRONYMS............................................................................................................63 APPENDIX A - PROJECT SAFETY SUMMARY REPORT ................................................65 APPENDIX B - PROJECT SAFETY OBSERVATION FORM .............................................69 APPENDIX C - EXCAVATION PLAN.................................................................................73 APPENDIX D – SAMPLE FORMS .....................................................................................79

LIST OF TABLES
Table 5.3-1 On-site Screening Protocol .........................................................................22 Table 5.3-2 Medical Facility Screening Protocol ............................................................22 Table 5.38-1 Ladder Rating Chart....................................................................................50 Table 5.40-1 Minimum Illumination Intensities in Foot-Candles........................................51 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 7 of 92

1.0 INTRODUCTION
The purpose of this document is to set forth the Owner’s safety policy, to identify and define the safety responsibilities of the OCIP Safety Team, the Contractor, and all Subcontractors working on the Project, and to identify and define the safety standards that must be met or exceeded by the Contractor and all Subcontractors working on the Project, including identifying and defining specific OCIP safety standards and health procedures applicable to the Project.

The safety standards set forth in this document shall be considered a Contract Document, and shall be incorporated by reference into the Owner’s prime contract with the Contractor, and into the subcontract agreements with all Subcontractors of any tier.

The Owner expects that each Contractor, Subcontractor, Vendor, supplier, and service provider consider worker safety as the highest priority in conducting their work. It is the Owner’s goal that there are ZERO incidents, accidents, or injuries during the implementation of the Capital Improvement Program.

2.0 DEFINITIONS
The following acronyms and titles may not reflect the actual titles and acronyms in use by all entities on the Project and do not have any force or effect beyond their use in the OCIP Health and Safety Manual. Due to such differences in nomenclature among Owners and Contractors, the following are used throughout the OCIP Health and Safety Manual to establish the functional framework for the OCIP safety program.

Alliant Insurance Services (Alliant). Is the Insurance Broker & Administrator of the OCIP.

Authorized Person. (In reference to an Employee’s assignment) Selected by the Employer for that purpose.

Competent Person. One who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to Employees, and who has authorization to take prompt corrective measures to eliminate them.

Contractor. The entity with which the Owner enters into this contract.

Contractor’s Safety Representative (CSR). Contractor’s on-site designated and authorized Employee assigned the responsibility of implementing the Contractor’s Site-Specific Safety Program, including ongoing identification and correction of hazards.

Designee. Person that has been designated by an entity or other defined terms, such as CSR in this OCIP Health and Safety Manual.

Employee. Person employed by an Employer as defined by this section.

Employer. Firm or entity that has Employees working on site and is enrolled in the OCIP program. The term Employer includes the Contractor and Subcontractors of all tiers.

HSSM. Health Safety and Security Manager, Owner safety representative.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 8 of 92 MRO. Medical Review Officer.

OCIP Health and Safety Manual. This document.

OCIP Safety Team. The Owner’s project management and risk management representatives, HSSM, Alliant, and representatives from the OCIP insurance carrier(s).

OSHA. OSHA as used in the context of This OCIP Health and Safety Manual refers to Federal and or State agencies with jurisdiction over workplace occupational safety and health at the project site.

Owner. The City of San José, a municipal corporation of the State of California, acting in its capacity as administrating agency of the San José-Santa Clara Regional Wastewater Facility.

Owner Controlled Insurance Program (OCIP). Owner’s wrap-up insurance program which provides insurance coverage for eligible and enrolled owner’s representatives, Contractors, and Subcontractors of any tier, working on the Project Site. The Owner identifies program participants.

PACM. Presumed Asbestos Containing Materials
Project. The entire scope of work, including the provision of labor, equipment, materials and services as described in the contract between the Owner and the Contractor.

Project Site. San Jose/Santa Clara Regional Wastewater Facility or property where the Project is being performed.

Project Safety Team. A team comprised of the Contractor’s Project Manager, the Contractor’s Safety Representative, and all Subcontractor Safety Representatives.

Qualified Person. A person designated by the Employer who by possession of a recognized degree, certificate, or professional standing, or who, by extensive knowledge, training and experience, has successfully demonstrated his/her ability to solve or resolve problems relating to the subject matter, the work, or the Project.

Site-Specific Safety Program (SSSP). The Contractor’s Site-Specific Safety Program prepared in accordance with the requirements of the OCIP Health and Safety Manual and the Contract.

Subcontractor. Firm or other entity awarded work by a Contractor for the Project.

Subcontractor as used herein shall apply to all tiers of Subcontractors, as well as vendors, suppliers, and service providers performing work for the benefit of the Contractor or any Subcontractor. For the purposes of the OCIP Health and Safety Manual, vendors, suppliers, and service providers on the Project are covered by this definition and are subject to the provisions of the OCIP Health and Safety Manual even though they may not be enrolled in the OCIP.

Subcontractor Safety Representative (SSR). Subcontractor Employee assigned the responsibility of implementing the Contractor’s Injury and Illness Prevention Program, including ongoing identification and correction of hazards.

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3.0 PROJECT SAFETY POLICY

3.1 Owner's Safety Policy
It is the policy of the Owner that all work being performed for the Project will be performed in a safe manner to protect all employees, visitors, the public, the property comprising the Project Site, and adjacent property. Safety is an integral part the construction process. The Contractor shall supervise and direct the work, using its best management skills and technical expertise.

The Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures. The Contractor shall be responsible for initiating, maintaining, supervising, and enforcing all safety precautions and programs in connection with the performance of the work. Each Subcontractor shall also be responsible for complying with all safety precautions and programs in connection with the Subcontractor’s scope of work for the Project.

The Contractor and all Subcontractors shall perform all work in compliance with all federal, state, and local laws, and all ordinances, codes, and regulations affecting safety and health, and in compliance with the OCIP Health and Safety Manual.

The safety standards set forth in this document are intended to promote the use of proactive safety processes on the Project. Owner, Contractor and all Subcontractor’s shall be committed to the goal of eliminating all incidents, by eliminating the sources of hazards and unsafe acts, by incorporating planning, orientation, safety controls, training, safe operating procedures, and the use of personal protective equipment to meet this goal.

3.2 Proactive Safety Process
The OCIP Safety Team will utilize a proactive safety process for the Project. The proactive safety process is a practical approach to the prevention of accidents. This process emphasizes discovering the causes of accidents and identifying the stage in the work process where those causes are likely to occur. Only by breaking the cycle of accident evolution can accidents be controlled.

Accident prevention is a continuing process, not a fixed program. While it is the responsibility of each individual to work safely, it is ultimately the responsibility of the Contractor and each Subcontractor to see that all rules and practices relating to safety and health are followed and enforced. Active participation by the Contractor and all Subcontractors in construction safety and loss prevention programs is mandatory. The Contractor and all Subcontractors must demonstrate to their Employee’s complete support and continuing involvement in all safety and loss prevention efforts.

Safety is not to be sacrificed for production. Safety must be considered an integral part of the construction process. The goal of the OCIP Safety Team, the Contractor, and all Subcontractors is to eliminate accidents. The Contractor and all Subcontractors are charged with the responsibility of adhering to and enforcing the safety and loss prevention program for the Project in an effort to achieve this goal.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 10 of 92

4.0 RESPONSIBILITIES

4.1 Contractor’s Site Specific Safety Program
The Contractor shall establish and maintain a Site-Specific Safety Program that meets or exceeds all federal, state, and local laws, including OSHA, and all ordinances, codes, and regulations affecting safety and health, and that meets or exceeds the safety standards in the OCIP Health and Safety Manual. Contractor shall submit its Site-Specific Safety Plan to the OCIP Safety Team for review. The SSSP shall meet or exceed all applicable federal, state, and local laws, and all ordinances, codes, and regulations of those governing bodies having jurisdiction over the work, and shall meet or exceed these safety standards. Contractor shall also provide the OCIP Safety Team with the Documented Project Specific Safety Items listed below:

Documented Project Specific Safety Items:
 Assignment, accountability and 24-hour contact information of personnel responsible for safety on the Project
 Scope of work evaluation
 Site Logistics Plan
 Fire Prevention Program
 Emergency Action Plan (See 4.2.9)
 Public Protection Plan
If any Subcontractor undertakes any construction or demolition activities not covered by this program, an activity specific plan must be submitted to the Contractor prior to commencement of work. The Contractor and all Subcontractors are solely responsible for implementing and carrying out their safety and loss prevention programs. The Contractor and each Subcontractor shall designate a competent on-site Employee to carry out this responsibility. This Employee is directly responsible for ensuring that their program and Employee actions comply with the minimum safety specifications required by OSHA, local codes, ordinances, regulations, and the safety guidelines set forth in the OCIP Health and Safety Manual. Alliant will monitor and evaluate compliance with the Site-Specific Safety Plan.

4.2 Contractor Responsibilities

4.2.1 Expectations
Contractor and all Subcontractors have the responsibility to perform the work in compliance with all federal, state, and local laws, and all ordinances, codes, and regulations affecting safety and health, and in compliance with the OCIP Health and Safety Manual. In the case of conflict or inconsistency between codes, reference standards, drawings, and other contract documents, the most stringent requirements shall govern.

4.2.2 Safety Representatives
Contractor and each Subcontractor shall have a designated safety representative available at the site assigned the responsibilities of managing all aspects of safety related to Employees under their direct control. These duties may be performed by a field superintendent or foreman DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 11 of 92 having the required training, experience and qualifications listed in this OCIP Health and Safety Manual. These Employees may have duties other than safety. The qualifications of the designated Contractor Safety Representative must be submitted to the Owner, HSSM for approval prior to assignment to the site.

If the Contractor has a field work force greater than forty-five (45) Employees, the Contractor shall have a full time dedicated Safety Representative on site to oversee safety related items. If a Subcontractor has a total combined field work force of fifty (50) or more of its own Employees on site, the Subcontractor must have a full time dedicated Safety Representative on site to oversee safety related items. A second full time Safety Representative must be added if the Subcontractor’s onsite workforce reaches or exceeds 150 Employees. This representative will have no other duties other than safety. Qualifications of the dedicated Subcontractor Safety Representative must be submitted to the Contractor Safety Representative for approval prior to assignment to the site.

Approval will be based on:
 Construction experience.
 Knowledge of safety officer responsibilities.
 Safety training as outlined in this manual.

The Contractor Safety Representative (CSR) must have the following minimum qualifications:
 The CSR shall have a minimum of five (5) years of qualified field construction safety experience which may include time spent in the role of a superintendent/safety representative on large, similar type construction projects that are representative of the planned construction activities.
 Evidence of completing the OSHA 30 Hour Construction Outreach Training or equivalent within the last 3 years.
 Current CPR/First Aid Certification provided by The American National Red Cross or equivalent training.
 Ability to stop work in the event of workplace hazards until corrective action has been implemented.
 Understanding of federal, and state regulations, and the OCIP Health and Safety Manual.
 Ability to conduct appropriate incident investigations.  Ability to communicate with field personnel and Project staff on relevant health and safety items.

All Subcontractor Safety Representative’s (SSR) must have the following minimum qualifications:
 The SSR shall have minimum of (3) years of qualified field construction safety experience on similar type construction projects.
 Evidence of completing the 10 Hour Construction Outreach Training or equivalent with the past 3 years.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 12 of 92  Current First Aid/CPR certification provided by The American National Red Cross or equivalent training.
 Ability to stop work in the event of a workplace hazard, until corrective action has been implemented.
 Understanding of federal, and state regulations, and the OCIP Health and Safety Manual.
 Ability to conduct appropriate incident investigations.  Ability to communicate with field personnel and Project staff on relevant health and safety items.
 Vendors, suppliers, and service providers must have a designated safety representative; however, that safety representative is not required to meet the SSR minimum safety qualifications, unless otherwise required by the Contractor.

4.2.3 On-Site Subcontractor Safety Representative or Designee Specific responsibilities of the Subcontractor Safety Representative or Designee include, but are not limited to the following:
 Employee Safety Orientation and Training:
 Conduct orientation sessions for Employees new to the site, prior to their beginning work.
 Participate in weekly tool box safety meetings; assist field supervisors, as requested, with meetings.
 Conduct weekly documented safety inspections of work areas.  Conduct weekly supervisor safety meetings.
 Instruct supervisors on safety rules and regulations.  Instruct Employees on the proper use and care of personal protective equipment.  Instruct Employees concerning special procedures (e.g., lock-out, excavation, confined space entry, etc.) as required by OSHA or this manual.  Conduct emergency evacuation training.
 Record Keeping:
 Complete OSHA, state, federal, company and Project specific reports.  Complete accident investigation reports.
 Complete inspection reports.
 Maintain training documentation.
 Complete and process OCIP safety and health reporting requirements, this includes but is not limited to inspections, incident/ accident reports and training logs.  OCIP Health and Safety Manual, Rules and Regulations Enforcement:
 Authority to stop work.
 Authority to take immediate corrective action.
 Implement, maintain, and update, as required, conditions and Project site specific safety policies and procedures.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 13 of 92  Interpret and implement site specific safety policies and procedures.  Demonstrate, by example, proper safety behavior.
 First Aid/ Medical Treatment:
 Ensure first aid supplies are adequate.
 Investigate accidents and complete or obtain accident reports.  Coordinate transportation of Employees with minor injuries to Contractor’s first aid station or designated medical facility.
 General Responsibilities:
 Keep the Contractor Safety Team apprised of any safety related problems that have or may develop.
 Conduct work area safety inspections and forward results to the Contractor Safety Team.
 Conduct investigations of all accidents and incidents and forward reports to the Contractor Safety Team.

4.2.4 Orientation
One of the requirements of the Contractor and all Subcontractors and their safety representatives or Designees is to ensure that a complete basic safety orientation is conducted for all their Employees new to the site. A Project orientation by the Contractor is required before an Employee can receive a Project ID and enter the field. The purpose of the orientation is to provide Employees awareness of what they can expect and what is expected of them on site.

Scope - at a minimum, the orientation should include:
 Drug testing policies and procedures.
 Employee safety requirements and policies.
 Site Specific Safety and Health rules.
 Hazard communication.
 Emergency alarms and evacuation procedures.
 Plant Safety and environmental video.
 Contractor Orientation Checklist and Quiz.

4.2.5 Documentation
All Employees must complete an orientation acknowledge form, at the end of the orientation supplied by the Contractor. Upon successful completion the Employee will receive a hard hat sticker to be placed on the Employee’s hard hat and must be displayed at all times while on the Project Site. Documentation of successful orientation and identification of said Employees will be kept by the Contractor Safety Representative, and be made available upon request by the Owner or OCIP Safety Team.

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4.2.6 Record Keeping
Proper documentation and record keeping of safety and related functions are essential. All required documentation shall to be maintained on site, available to the Owner or the OCIP Safety Team upon request. The Project Manager for the Contractor and each Subcontractor are responsible for ensuring that record keeping and related requirements are accurate and up-todate.

On a daily basis the Contractor must report to the HSSM a head count including all Subcontractors from any tier.

On a monthly basis the Contractor must submit a safety performance report to the HSSM that includes total man-hours, incidents, near misses (such as a narrowly avoided accident) , etc., on the form attached as Appendix A.

4.2.7 Accident and Incident Investigations

4.2.7.1 Accidents
All accidents which result in first aid treatment must be investigated by the Contractor’s or Subcontractor’s safety representative or Designee and documented on a Project Accident Investigation Report. The report must be completed and submitted to the Contractor’s Safety Representative if it involves a Subcontractor and to the OCIP Safety Team if it involves Employees of the Contractor.

4.2.7.2 Major Accidents
Only after appropriate actions have been taken to address the safety and care of personnel and/or property immediately notify the Owner, the OCIP Safety Team, and the CSR of all major accidents.

All accidents resulting in a lost time injury, fatality, or damage to property or equipment shall be investigated by the Contractor’s or Subcontractor’s field supervisor or safety representative. A representative of the OCIP Safety Team may join in the investigation.

A thorough in-depth accident investigation should include, but is not limited to the following:
 An analysis of the accident.
 A documented signed witness statement.
 Accident scene photographs, sketches, and drawings.
 Recommendations to prevent re-occurrence.

Forms to be utilized in accident investigation reporting may include:
 Project Accident Investigation reports.
 First Report of Injury.
 Report of Disabling or Fatality, or other equivalent materials.

See Appendix D for these Sample Forms.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 15 of 92

4.2.7.3 Incidents
All incidents, whether they involve injury or not (near miss) should be investigated by the CSR, SSR, or other Designee and documented.

4.2.8 Emergency Response
All job site emergencies must be reported immediately to the CSR and to the OCIP Safety Team. Emergencies include but are not limited to the following:
 Medical emergencies (e.g., amputations, thermal or chemical burns, unconsciousness, electrocution, poisoning, breathing difficulties, traumatic impact.  Fatalities
 Bomb threats
 Workplace violence
 Civil disturbances
 Hazardous materials incidents
 Environmental contamination
 Property/utility damage
 Pedestrian injuries
 Structural failures and collapses
 Crane failures/Hoisting incidents
 Suspicious activities, items or deliveries
 Vehicular accidents
 Any other events that would potentially impact the health and safety of those working at the site or the general public
Job site emergency telephone numbers shall be posted on the job site bulletin board. A local street map clearly identifying the Project Site and active entrances shall be maintained and posted on the job site bulletin board. In the event that there are no hard-wire (“land line”) telephones available at the job site, the Contractor shall identify and post an alternate number (in addition to 911) to be used to contact emergency service providers via cell phone. This is necessary, as dialing 911 on a cell phone does not always provide a direct connection to local emergency services.

4.2.9 Emergency Action Plan (EAP)
The Contractor shall have a comprehensive emergency action plan, prior to the commencement of work, addressing, at a minimum, locations of all emergency egress routes, emergency vehicle access routes, alarm systems, evacuation routes, post-evacuation assembly locations and personnel accounting, and response to medical emergencies. The Contractor should review and revise this plan quarterly, based upon any changes in the scope of work, existing site conditions, or the intended method of execution.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 16 of 92 The emergency action plan should be communicated to all of Contractor’s supervisors, and should be posted throughout the jobsite, and communicated to workers during the safety orientation and weekly safety meetings.

Each Contractor shall maintain at minimum the following documents at their jobsite, and shall make available to all responders:
 Twenty-four hour contact list for Project supervisory staff.  Site plans identifying stairs, scaffold stairs, hoist, evacuation and muster points, emergency vehicle access/exit points, firefighting equipment, flammable and combustible storage, compressed gas cylinder storage.
 List of Hazardous Materials used on site and copies of the Safety Data Sheets.

4.2.10 Emergency Notification (Fire, Medical or Police) Follow Project Specific (EAP) Procedures:

Call the computer room for all medical, fire, and police: (408) 635 4000 At minimum caller should provide:
 Location of accident or incident
 Location and number of injured worker(s) (Medical)
 The body part affected (medical)
 Cause of injury
 Company working for
 Call back cell phone number
 Caller name

4.2.11 Security – Parking, Identification Procedures, Vehicles, Delivery

4.2.11.1 Personnel
 All construction Project access will be through the entrances designated by the Owner.  Employees must park in designated construction parking areas; no parking will be permitted in un-designated areas; violation of this policy may result in the vehicle being towed at the vehicles owners’ expense.
 All visitors shall check in and sign in with an appropriate site representative.  Overtime and weekend work must be scheduled and coordinated with Owner.  All new hires are to report to the appropriate Contractor’s hiring trailer or facility.  Following Project orientation, successful drug screening and required identification sticker, the Employee shall precede to his/her work location or trailer on the construction site.

4.2.12 Safety Observations
The OCIP Safety Team may complete written safety observations of work activities that are not in compliance with the OCIP Health and Safety Manual. If Contractor or a Subcontractor DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 17 of 92 receives a safety observation notification, they should immediately correct the hazard noted on the notice, document the corrective action, or reason for delayed abatement, and return the report to the OCIP Safety Team.

Subcontractor safety violation corrective action forms must also be submitted to the CSR. The Contractor is responsible for the correction of non-compliant items observed on site.

The OCIP Safety Team reserves the right to audit the Project site at its discretion. Project specific check-in policies should, and are expected to be followed by all members of the OCIP Safety Team.

The Project Safety Observation Form and Corrective Action Forms are listed in the Appendix B of this document.

4.2.13 Subcontractor Responsibilities
All Subcontractors shall comply with the OCIP Health and Safety Manual and the Contractor’s Site Specific Safety Program even though some of the requirements may be above and beyond the Subcontractor’s own safety policies, and federal and state regulatory requirements.

All Subcontractors are responsible for the administration of the site safety and security procedures, including but not limited to:
 Providing a list to the Contractor of all Competent or Qualified Person/s required for their scope of work.
 Providing the names of all CPR/First Aid Employees on site.  Providing the Contractor with a list of all Hazardous Materials or items used on site with all updates MSDS/SDS sheets.
 Providing a list of supervisory personal including off duty contact information.  Adequately identifying and inspecting tools and equipment.  Securing all tools and equipment at the end of the shift to prevent vandalism, theft or unauthorized use.
 Assuring all Subcontractor Employees comply with Project rules and regulations.  Assuring proper identification is acceptable and displayed while on site.

4.3 Project Rules and Regulations
Good conduct is essential to the common good of all Employees and the efficient progress of the job. Undesirable conduct including, but not limited to the following will not be tolerated and could be grounds for dismissal from the Project.
 Unauthorized possession of any Project property or material.  Possession of or use of intoxicants on premises, regardless of source.  Engaging in disorderly conduct.
 Gambling, including sale of chances.
 Fighting on the Project Site.
 Unauthorized sleeping on the job during working hours.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 18 of 92  Failure to wear or use required safety equipment.
 Failure to observe safety, sanitary or medical rules and practices.  Illegal possession or use of narcotics or non-prescribed tranquilizers or pep pills on premises, or attempting to bring them on site.
 Possession or use of firearms, weapons, or explosives is expressly prohibited on the Project Site.
 Willful defacing or damaging of equipment, tools, material or other property of the Owner, Project, or Contractors.
 Distributing or posting literature, photographs or other printed material, soliciting or attempting to solicit or collect funds without prior permission from Owner.

The Owner has the right to search vehicles, coolers, lunch boxes, or any other personal property in cases that there is reasonable suspicion of an individual(s) has engaged in theft, possession of illegal substances, or any other malicious activity listed in this section.

4.3.1 Enforcement
The OCIP Safety Team reserves the right to enforce all safety standards, the Site-Specific Safety Program, and any federal, state, or local law or regulation relating to health and safety, if such safety standards are not being properly enforced by the Contractor or a Subcontractor.

Surveys made of the jobsite premises and/or operations by the OCIP Safety Team or its representatives are not intended to detect all potential causes of loss, code violations, or exceptions to good practice and does not relieve the Contractor/Subcontractor of any responsibilities to identify and correct unsafe practices or conditions. The Owner, Alliant, and the OCIP insurers assume no liability as a result of conducting or providing such service.

Alliant’s services are advisory in nature, and intended for the sole benefit of the Owner in monitoring compliance with the OCIP Health and Safety Manual, and monitoring compliance with the safety requirements set forth in the OCIP, and set forth in the Contractor’s SSSP.

Alliant does not guaranty or warrant the safety of the job site as to any particular individual, and does not guaranty or warrant that the job site is in compliance with all applicable safety standards.

4.3.2 Field Supervisors or Forman
Field Supervisors have the responsibility for overall training, control, and conduct of personnel on their crew. As first line supervisors, their role in the safety and health program is crucial because they set standards by which their Employees work.

The Field Supervisors’ safety responsibilities include, but are not limited to:
 Task specific safety training
 Safety inspection
 Toll box safety meetings
 Accident investigation
 Pre-Task Planning/Daily Briefing
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 19 of 92 Every work operation should have a Pre-Task Plan, Job Hazard Analysis (JHA) to identify work operations, potential hazards, and control of hazards through engineering controls and/or through PPE (Personal Protective Equipment). JHA’s are to be completed by a supervisor familiar with the task to be performed.

4.3.3 Daily Briefing
Each Contractor and Subcontractor shall conduct a pre-shift production and safety meeting at the start of each shift. A daily briefing form should be utilized to discuss and review the day’s operations with each trade signed by all participants. This form should be an original, signed by all participants and made available to the Contractor Safety Representative.

4.4 Project Safety Team
The Project Safety Team shall meet on a monthly basis. The Contractor’s Project Manager, the Contractor’s Safety Representative, and all first-tier Subcontractor Safety Representatives shall attend the monthly meeting of the Project Safety Team. Representatives of the OCIP Safety Team may also attend this meeting at their discretion.

The responsibilities of the committee shall include:
 Review the performance of the safety program
 Develop Project specific goals and objectives
 Incident review
 Open safety observation notices and program trends
 Construction plans and job hazard analysis for upcoming work  Status updates on Environmental Performance Commitment  Sharing best practices

4.5 OCIP Safety Team
The OCIP Safety Team will monitor and evaluate compliance with the OCIP Health and Safety Manual, and the SSSP. Tasks of the OCIP Safety Team will include the following:
 Compiling and maintaining safety performance statistics for the Project.  Communicating safety information to the Project’s senior management to ensure they are informed and involved in the safety program.
 Keeping apprised of new regulations and developments to keep the safety policies and procedures current and effective.
 Conducting safety surveys of Contractors’ and Subcontractors’ activities to observe safety performance and make appropriate recommendations.  Reviewing and recommending methods and procedures to foster the highest level of accident prevention performance possible. Providing such information to the safety representative or Designee.
 Providing consultation to Contractors and Subcontractors regarding problems and challenges that may arise on the Project Site.
 Conducting accident investigations, if required.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 20 of 92  Assisting with the administration of the Project safety incentive program, if one is implemented.
 Assisting with the review of accident investigation reports to ensure thorough investigations were conducted to control future accidents.  Disseminating safety bulletins.
 Assisting with the distribution of written information to the safety representative or Designee regarding new pro-active requirements, regulations or developments in safety.  Review and evaluation of Contractors’ safety meeting minutes when applicable to ensure that quality safety meetings are held.
 Assisting Contractor with coordination with public and regulatory agencies, where applicable.
 Providing the availability of OSHA 10- and 30-hour OSHA Construction Outreach Training and other pertinent safety related awareness courses to Owner Representatives, Contractor Personnel and Subcontractor Employees. Training would be conducted exclusively at the discretion of the Project Safety Team.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 21 of 92

5.0 OCIP SAFETY STANDARDS AND HEALTH PROCEDURES
The Contractor is solely responsible for all construction means, methods, techniques sequences, and procedures, and is solely responsible for job site safety. Each Subcontractor shall also be responsible for all safety precautions and programs in connection with the Subcontractor’s work. The Contractor’s SSSP shall meet or exceed all applicable federal, state, and local laws, and all ordinances, codes, and regulations of those governing bodies having jurisdiction over the work, and shall meet or exceed the OCIP Health and Safety Manual. The Contractor’s SSSP must specifically meet or exceed the following OCIP specific safety specifications listed below:

5.1 Safety Representative
Each Contractor/Subcontractor shall have a designated Safety Representative available at the site assigned the responsibilities of managing all aspects of safety related to Employees under their direction. (See Pg. 7-9, Safety Representatives for details.)

5.2 Orientation
A Project Orientation by the Contractor is required before an Employee can receive a Project ID and enter the field. The purpose of the orientation is to provide Employees awareness of what they can expect and what is expected of them on site. (See Pg. 10, Orientation for details.)

5.3 Drug Free Work Environment
In order to maintain a safe, healthful and efficient work environment, and to minimize absenteeism and tardiness, the Contractor and all Subcontractors shall comply with the OCIP Substance
Abuse Prevention Policy that, at minimum, includes screening and testing as prescribed by this section.
 Each Employee will receive advance notification of the testing procedures and protocols by the Contractor. All Employees must sign a copy of orientation verifying receipt of the orientation & advance notice of testing. The Contractor shall maintain a file copy of the advance notice signed by the Employees.
 An industry-accepted on-site instant drug screening protocol may be used by Contractor for pre-employment assessments of workers, post incident and reasonable suspicion testing, provided that all inconclusive screening results are referred to a SAMHSA (USDOT) Certified Testing Laboratory for confirmation. The test shall be capable of detecting the following drugs at cut off levels as specified. See Tables 5.3-1 and 5.3-2.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 22 of 92 Table 5.3-1 On-site Screening Protocol
Name of Drug
Screening Threshold
(Oral)
Methamphetamine 25 ng/ml
Phencyclidine (PCP) 10 ng/ml
THC (Marijuana) 40 ng/ml
Cocaine 20 ng/ml
Amphetamines (Amp) 25 ng/ml
Opiates (Opi) 10 ng/ml
Table 5.3-2 Medical Facility Screening Protocol
Name of Drug
Screening Threshold
(Urine)
Confirmation Threshold
(Urine)
Methamphetamine 500 ng/ml 250 ng/ml
THC (Marijuana) 50 ng/ml 15 ng/ml
Cocaine 150 ng/ml 100 ng/ml
Amphetamines (Amp) 500 ng/ml 250 ng/ml
Phencyclidine (PCP) 25 ng/ml 25 ng/ml
Opiates “(Opi) 2,000 ng/ml 2,000 ng/ml
Initial drug screening protocol will be used to obtain preliminary results only. A negative result on the initial screen concludes the test and it will be reported to the Employer as negative.

When an initial screen test is not conclusively negative, urine must be sent to a SAMHSA certified laboratory for GCMS confirmation, followed by MRO (Medical Review Officer) review if revealed positive by the laboratory. Specimens confirmed positive by the MRO will be reported to the Employer and/or designated OCIP representative. Split specimen procedures must be utilized. If the initial test was performed using urine, then the specimen used for screening will be used to send to the lab for confirmation. In the event that the initial screening was performed using oral fluid, then a urine specimen must be collected and sent to the laboratory. For postincident and reasonable suspicion tests, a breath alcohol test will be included consistent with US DOT requirements for breath alcohol testing. (See 49CFR Part 40.)

5.3.1 Requirements – Drug Free Work Place
 Contractor and all Subcontractors shall implement and enforce a policy that prohibits the possession, distribution, promotion, manufacture, sale, use or abuse of illegal and unauthorized drugs, drug paraphernalia, controlled substances and alcoholic beverages by Employees, agents or any person otherwise under the control of the Employer, including Employees and agents of Subcontractors and consultants while on the work site, or while otherwise covered by the OCIP while working on the Project Site. Further, Employees shall be prohibited from reporting to the Project Site under the influence of drugs or alcohol.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 23 of 92  The policy must apply to all personnel, including but not limited to regular, part-time, probationary, casual and contract Employees of the company, as well as to Employees and agents of Subcontractors and consultants. The Employer shall take whatever legally permissible steps are necessary or appropriate to enforce compliance with the policy.  Employees governed by this policy may possess a prescription medication in its original container and prescribed for current use of the person in possession by an authorized medical practitioner; provided that the prescription medicine does not affect the Employee’s work ability (particularly alertness and coordination), safety and the safety of others. In the event of a report of such a prescription to the MRO, the MRO may advise the Employer accordingly. Because marijuana remains illegal under federal law, medical marijuana cards or prescriptions permitting their use will not be allowed by workers on this Project.
 At a minimum, any Employee covered under the OCIP shall be subjected to a preProject drug screening/testing protocol for drug use in accordance with the provisions of the OCIP program within 48 hours of the commencement of any work activities. A negative assessment result must be obtained prior to commencement of employment of this Project. Screening will be performed by an authorized provider. However, post incident screenings will be performed at the treatment location that the injured Employee was dispatched to, or as otherwise mandated by the OCIP. All Employees working on this Project will be required to review and sign a release form supplied by the Contractor, acknowledging that pre-employment, post-accident/incident and reasonable suspicion drug screening and testing are part of the program and they are subject to such testing.

Any Employee covered under the OCIP shall be drug and alcohol tested in accordance with the provisions of the OCIP Program when involved in any type of incident requiring third party first aid, a clinical visit and/or resulting in property damage in excess of $500 dollars.
 The cost of all testing and administration of this Section 5.3 will be the responsibility of each Employer of the effected Employee.
 Any Employee who fails or refuses to take a drug screen or drug and alcohol test in accordance with the terms of the OCIP Health and Safety Manual, or any Contractor or Subcontractor policy, shall be removed from the Project and not allowed back on the Project for a period of 6 months. Any Employee who is absent from the Project for more than 90 days must complete drug screening prior to resumption of work.

5.4 Return to Work Program
All Contractors and Subcontractors are required to establish and implement a Return to Work Program. The purpose of the Return to Work Program is to place Employees in temporary job positions while recovering from on the job injuries. Owner and the OCIP insurers are committed to working together to promote safety, recovery, and the successful return of injured Employees to temporary, modified work following a work related injury. Contractor and all Subcontractors agree to cooperate with the OCIP insurers to facilitate the return to work of any injured Employee capable of modified work status.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 24 of 92

5.5 Administrative Requirements
The Contractor shall set up its job site with adequate signs and delineation to identify the worksite. This includes signs at the plant entrance and the route to direct Employees, vendors etc. to the designated area. Documents required at the jobsite include but are not limited to the following:
 IIPP Program
 Code of Safe Practices
 All Cal/OSHA required permits and/or certifications
 Respiratory Protection Program
 Confined Space Program
 Heat Illness Prevention
 Fall Protection plan
 OSHA Log 300
 Lock-out/tag-out activity records
 Training/Inspection Records
 Safety performance log
Postings required at the jobsite include but are not limited to the following:
 Cal/OSHA poster “Safety and Health Protection on the Job”  Code of Safe Practices
 Emergency phone numbers
 Employee access to medical records
 Hazard warning signs, JSA’s
 Operating permit for air tanks
 Operating rules for industrial trucks

5.6 Aerial Devices
 Only trained and authorized personnel may operate aerial devices.  Aerial devices must not rest on any structure.
 Controls must be tested before use.
 Workers must stand only on the floor of the basket. No planks, ladders or other means are allowed to gain greater heights.
 A fall protection system must be worn and attached to the manufacturer’s designated anchor point.
 Brakes must be set when Employees are elevated.
 Tying-off to an adjacent pole, structure or equipment while working from an aerial device is not permitted.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 25 of 92  An aerial lift must not be moved when an Employee is on the elevated boom platform unless the operating conditions listed in Cal/OSHA 8CCR: 3648 (l) or manufacturer’s specifications are met. Employees must adhere to the most stringent standard.

5.7 Elevating Work Platforms/Scissor Lifts
 The platform deck shall be equipped with a guardrail or other structure around its upper periphery. Where the guardrail is less than 39 inches high, a personal fall protection system is required.
 The platform shall have toe boards at sides and ends.  Unless recommended for such use by the manufacturer, no elevating work platform shall be used on any inclined surface.
 The following information must be displayed on the device:
 Manufacturer’s name, model, and serial number.
 Rated capacity at the maximum platform height and maximum platform travel height.  Operating instructions.
 Cautions and restrictions.
 Devices must be designed to applicable (ANSI) standards.

5.8 Airborne Contaminants & Crystalline Silica
The Employer must control Employees’ exposure to airborne contaminants and Employees’ skin contact. Airborne contaminants suspended in the air can exist in different forms including gases, vapors, and particulates (particles of either liquids or solids).

Airborne contaminants must be controlled by:
 Applying engineering controls.
 Removing Employees from exposures to the hazard and by limiting the daily exposure of Employees to the hazard.
 Providing respiratory protection equipment whenever such engineering controls are not practicable of fail to achieve full compliance.
 Asbestos is to be handled only by qualified and certified personnel.  Contractor must determine the existence of asbestos in buildings/building materials prior to any work activities.
 Abatement contractors must be approved in accordance with state, federal, and local requirements for removal and disposal of asbestos containing material (ACM) and encapsulation.
 If there is discovery of ACM or PACM in the Employees’ working area, all work shall be stopped in such areas until appropriate personnel have been notified, and the decision has been made by appropriate qualified or certified personnel, that work in the area is safe to proceed.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 26 of 92 Crystalline Silica:
 Contractor/subcontractor shall limit worker exposure to respirable crystalline silica in accordance to OSHA’s new rule section 1926.1153 and Title 8 section 1532.3 of Cal-OSHA.
 Contractor/subcontractor shall:
 Establish and implement a written exposure control plan.  Designate a Competent Person to implement the written exposure control plan.  Restrict housekeeping practices that expose workers to silica.  Offer exams including chest x-rays and lung function tests for workers who wear respirators for 30 days or more per year.
 Train workers on work operations that result in silica exposure and ways to limit exposure.
 Keep records of workers’ silica exposure and medical exams.

5.9 Air Compressors
 Employers must obtain a DOSH permit for the air tanks or air compressors operated at a work site. Exception: No permit is required for tanks with a diameter of less than six (6) inches., tanks equipped with a safety valve set to open at no more than 15 psi pressure, or tanks having a volume of one and half (1-½) cubic feet or less with a safety valve set to open at no more than 150 psi.
 Warning signs are required for electric air compressors equipped with an automatic-start function.
 Safety valves must be popped weekly.
 Air tanks must be drained per manufacturer’s recommendation.  Fans shall be guarded with a shroud or side screens.
 Portable air compressors on wheels must be prevented from rolling.

5.10 Barricades
 Barricades shall be erected around excavations, holes or openings in floor or roof areas, edges of roofs and elevated platforms, around certain types of overhead work, and wherever necessary to warn or protect people against falling in, through or off.  Barricades must be suitable for the area of use in accordance with state and local, Contractor and Project requirements (i.e., blinker type barricade or protective barricade to provide physical protection from falling).  To ensure the safety of the general public, the Contractor/Subcontractor shall provide and maintain adequate protection, such as chain link fences, gates and barricades, to separate work activities as required by the activity or from areas outside jobsite limits.  Barricades must be suitable for the area of use (i.e., blinker type barricade or protective barricade to provide physical protection from falling).  Barricades/fences are to be placed around all construction trenches. Barricades could include construction type caution tape within fenced construction areas of the site.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 27 of 92 Construction tape must be offset from trench excavations a minimum of three (6) feet and visible above spoil piles.
 Red warning tape/signs shall only be used where an immediate hazard exists.  All Employees shall be instructed that danger signs or red danger tape indicates immediate danger and that special precautions are necessary.  Yellow warning tape/signs should be used to indicate a potentially hazardous situation that could result in death or serious injury.
 All Employees shall be instructed that caution signs/tape indicate a possible hazard against which proper precaution should be taken.
 General safety signs shall be used where there is a need for general instruction and suggestions relative to safety measures.
 Portable fencing shall be installed around construction work areas, Contractor storage areas, and Contractor’s heavy equipment if they are not otherwise protected within the confines of the Project Site’s perimeter barricade.
 Portable fencing shall be installed/braced to prevent it from blowing over during windy conditions.
 Base supports of portable fencing shall be installed/placed to eliminate tripping hazards when fencing is placed adjacent to sidewalks and walkways.  The Owner’s Authorized Representative reserves the right to prohibit use of, temporary fence panel systems that require the use of a tubular or pedestal base support system that presents a potential trip hazard to pedestrians.

5.11 Code of Safe Practices
The Code of Safe Practices is a set of work site rules that stipulate how to perform job duties safely and to keep the work site safe. The following are selected requirements:
 The Contractor/Subcontractor must develop and adopt a written Code of Safe Practices.  It must be specific to the Contractor/Subcontractor’s operations.  It must be posted at each jobsite office or be readily available at the jobsite.  Workers, when first hired, shall be given instructions regarding the hazards and safety precautions and directed to read the Code of Safe Practices.  Supervisors shall conduct toolbox or tailgate safety meetings, or equivalent, with their crews at least every seven (7) working days to emphasize safety.  Each Contractor/Subcontractor supervisor or foreman shall conduct a pre-shift production and safety briefing prior to the start of each shift. Documentation of said briefing shall be signed by all participants and made available to the Contractor or Owner’s Safety Representative upon request.

5.12 Concrete Construction
Injuries and illnesses common to the concrete construction industry include: Burns, rashes, and skin irritation, silicosis and respiratory disease, broken bones, lacerations, and crushing caused by falls from elevated work surfaces, are all causes of incidents associated with concrete construction.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 28 of 92 Because the hazards associated with concrete construction are great, Employees must use appropriate personal protective equipment and conform to safe work practices.  Placement of Concrete:
 Concrete pumping equipment and placing booms shall be set-up and operated according to manufacturer’s guidelines and the Title 8 Safety Orders.  The manufacturer’s operation manual shall be maintained in legible condition and shall be available at the jobsite.
 Controls in the equipment shall have their function clearly marked.  Operation of concrete placing booms in proximity of overhead high-voltage lines shall be in accordance with Article 37 of the High-Voltage Electrical Safety Orders.  Equipment shall be inspected by a qualified operator prior to daily use and the inspection must be documented.
 No worker shall be permitted to apply a cement, sand, and water mixture through a pneumatic hose unless the worker is wearing protective head, eye and face equipment.
 Masonry Construction:
 All masonry walls more than eight (8) feet high shall be adequately braced to prevent overturning and collapse under all possible loads, unless the wall is adequately supported through its design or construction method (engineered proof required).

The bracing shall remain in place until permanent supporting elements of the structure are in place.
 A limited access zone (LAZ) shall be established whenever constructing a masonry wall, and it must be established before the start of construction.  The LAZ shall be established on the un-scaffolded side of the work area.  The width of the LAZ shall be equal to the height of the wall to be constructed plus four (4) feet and shall run the entire length of the wall.  The LAZ shall be entered only by Employees actively engaged in constructing the wall.
 The LAZ shall remain in place until the wall is adequately supported to prevent collapse.

5.13 Control of Employee Exposure from Dust Generated by Concrete or Masonry
During operations in which powered tools or equipment are used to cut, grind, core, or drill, concrete or masonry materials, a dust reduction system shall be applied to effectively reduce airborne particulate.

Safety and effectiveness of dust reduction systems:
 Procedures shall be implemented to ensure that dust reduction systems maintain their effectiveness for dust reduction throughout the work shift.  Dust reduction systems shall be installed, operated, and maintained in accordance with manufacturer’s recommendations to the extent they exist.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 29 of 92  Follow section 5.4.
 Where electrical tools are used with water as a dust reduction system, this shall be done in accordance with applicable requirements of the Electrical Safety Orders and the manufacturer’s recommendations.

5.14 Precast, Pre-Fabricated Concrete Construction, Tilt-Up, Panels  An erection plan, addenda, and procedure shall be prepared by or under the direction of a professional Engineer registered in California.
 The erection plan, addenda, and procedure shall be available at the jobsite.  Job inspections shall be made by the responsible engineer (or representative) during the course of erection.
 Proposed field modifications shall be approved by the responsible engineer.

5.15 Rebar and Other Impalement Hazards
 Employees working at grade or at the same surface as exposed protruding reinforcing steel or other similar projections shall be protected against the hazard of impalement by guarding all exposed ends that extend up to six (6) feet above grade or other work surface, with protective covers, or troughs.
 Employees working above grade or any surface and exposed to protruding reinforcing steel or other similar projections shall be protected against the hazard of impalement.

Protection shall be provided by:
 The use of guardrails, or
 Approved fall protection systems meeting the design requirements of Article 24, of the Cal/OSHA Construction Safety Orders or
 Protective covers as specified in those same orders.
 All protective coverings must meet or exceed the protective covers specification, testing and approval of the applicable Cal/OSHA Construction Safety Orders as listed in 8CCR:
1712.

5.16 Confined Space
Every year confined space entrants and would be rescuers die from hazards associated with confined space entry. Hazards such as oxygen deficiency, toxic and explosive atmospheres and uncontrolled energized equipment, are contributing factors to many of these unfortunate events.

In order to minimize unforeseen incidents, Employer on site must:
 Recognize a confined space and the specific hazards associated with that space.  Know and understand T8 CCR 5156, 5157, 5158 and related requirements concerning respiratory protection, fall protection, lockout/block out procedures, fire prevention, and rescue.
 The Employer is to develop a written, understandable confined space operating and rescue procedure. This procedure must be made available to all affected Employees.

Note: For most construction work T8 CCR 5158 applies; however, work in confined DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 30 of 92 spaces during refurbishing operations may be subject to the permit-required confined space regulations in T8 CCR 5157.
 The Contactor is responsible for controlling all access into permit-required confined space via a permitting process.
 The Contractor’s Confined Space Program should meet or exceed the following regulations: T8 CCR 5158, 29 CFR 1910.146, 29CRF 1926.1200 (Subpart AA) – How to comply with the regulations manual: NFPA 350 and the City of San Jose EHP-207 Confined Space Program.

5.17 Cranes
The term crane as used in this section shall be construed to include boom trucks and similar truck-mounted cranes. Before bringing cranes on site, a minimum of 72 hours advance notice is required to be submitted to the HSSM for review, and should include minimum clearance requirements, the weight of the crane, ground bearing requirements, a route map and how many truck loads are required.
 Cranes and derricks exceeding three tons rated capacity shall not be used in lifting service until an approved certifying agent has certified the equipment.  Current annual and quadrennial (where required) inspection certificates shall be maintained on each crane.
 Cranes that do not have such evidence of inspection shall not be permitted to operate on the Project Site.
 Current daily and periodic inspection records shall be maintained on each crane.  An approved certifying agent shall re-inspect any crane that is involved in any incident or is damaged during set-up or operation, and a new certificate of inspection issued prior to being returned to service.
 Only Employees authorized by the Contractor and trained, or known to be qualified, in the safe operation of cranes or hoisting apparatus shall be permitted to operate such equipment.
 Operators shall have valid evidence of current licensing or certification in accordance with state and local requirements.
 Operators not having such evidence shall not be permitted to operate applicable machinery (except under terms and conditions prescribed for Trainees by applicable regulations).
 Outriggers will need to be fully extended during all lifts. If geometry factors prevent fully extending the outriggers, they need to be extended as far as possible and “off the rubber” load charts limits shall be used.
 Picks off the rubber will be performed in accordance with manufacturer’s specifications.  All mobile cranes having either a maximum rated boom length exceeding 200 feet or a maximum rated capacity exceeding 50 tons shall be equipped with a load indicating device or a load movement device.
 Cranes shall be equipped with a boom angle or a boom radius indicator and clearly legible load chart in clear view from the Operator’s position.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 31 of 92  An effective, audible warning and operating signal device (such as a horn) shall be provided on the outside of the crane. The controls shall be in easy reach of the Operator.  When required by the manufacturer’s or certifying agent’s instructions, outriggers shall be set so that wheels or crawler tracks within the boundary of the outriggers shall be relieved of all weight by the outrigger jacks or blocking.  Plates, pads or mats shall always be used under the outriggers or crawlers of all cranes when a lift exceeds 75% of the capacity of the crane as it is configured for that lift. The plates, pads, or mats shall be of suitable material and size to support the crane on the surface that it is set up on.
 The Employer shall ensure that a Qualified person visually inspects the crane, derrick, or hoist’s controls, rigging and operating mechanism prior to the first operation of any work shift. Records of daily inspections by the Operator or other Qualified person shall be maintained on the crane, and must be available for review upon request.  Adjustments and repairs to the crane shall only be made by a Qualified person.  A fire extinguisher of not less than 10-BC rating shall be kept in serviceable condition and readily accessible to the Operator unless otherwise stated by the manufacturer.  Operations should be conducted and the job controlled in a manner to prevent loads from being passed directly over workers, occupied workspaces, or occupied passageways.
 A qualified signal person shall be provided when the point of operation is not in full and direct view of the Operator unless a signaling or control device is provided. Only one person shall be permitted to give signals to the Operator.  Any Employee involved in the operation may give a “stop” signal if such a signal is warranted.
 A legible chart depicting and explaining the system of crane signals used shall be conspicuously posted in the vicinity of the hoisting operation.  All loads shall be rigged by an identified, qualified, and authorized Rigger.  No Employee shall be permitted to ride on loads, hooks, or slings of any derrick, hoist, or crane.
 Swing radius protection shall be provided where a rotating crane is positioned to operate in areas where persons may be caught between rotating parts and fixed objects or nonrotating crane components.  Tag lines, restraint lines, or guide ropes shall be used on all loads except where their use presents a greater hazard. Such lines or ropes should be insulated to prevent shock, and shall not contain knots or splices that may snag on an object.  Cranes, hoists, or derricks shall not be left unattended while the load is suspended unless the load is over water, a barricaded area, or is blocked up or otherwise supported.
 Before leaving the crane unattended, the Operator shall:
 Land or properly secure any attached load.
 Disengage clutch (if applicable).

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 32 of 92  Set travel, swing, boom brakes, and other locking devices unless otherwise specified by the certifying agents.
 Put controls in the “off” position.
 Stop the engine.
 Secure the crane against accidental travel.
 In all operations where the weight of the load being handled is unknown and may approach the rated capacity, a Qualified person shall determine the magnitude of the load unless the crane is equipped with a load-indicating device.

The Contractor shall provide a Qualified person to direct the lift. The Qualified person shall see that:
 The crane is properly leveled for the work being performed and blocked where necessary.
 The load is well secured and properly balanced in the sling or lifting device before it is lifted more than a few inches.
 A designated person shall monitor the clearance between crane booms, load lines, and loads, and power lines and alert the Operator when necessary.  All work in and around power lines must follow applicable State regulatory standards.  Crane inspections should be made available at all time at the Project site.

5.18 Rigging, Slings and Hooks
 Chains are prohibited as rigging materials for any lifts.  Hoisting hooks shall be of the safety latch-type.
 Crane hooks with cracks or with deformation of throat opening more than 15 percent in excess of normal opening or more than ten (10) degree twist from plane of unbent hook shall be removed from service.
 Ropes shall be inspected for proper lubrication, excessive wear, broken strands, and proper weaving.
 Slings will be inspected daily. Any wears showing deformation or damage with be permanently removed.
 “Free rigging” will not be permitted for any reason.

In order to determine proper time for replacement, a continuing inspection record shall be maintained for hoisting ropes. Conditions such as the following shall be reason for replacement:
 In running ropes, six (6) randomly distributed broken wires in one rope lay, or three (3) broken wires in one strand in one lay.
 Wear of one third (1/3) the diameter of outside individual wires.  Kinking, crushing, bird caging, or other damage resulting in distortion of the rope structure.
 In stranding ropes, more than two (2) broken wires in one lay in sections beyond end connections or more than one broken wire at an end connection.  Reduction of rope diameter below nominal diameter due to loss of core support, internal or external corrosion, or wear of outside wires.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 33 of 92  Fixtures are usually attached to wire rope by the use of wire rope clips. The clips must be attached with the inside curve of the U-bolt against the dead, or short end of the wire rope, and flat clip (saddle) against the live, or long end of the wire rope.  Each day before being used, wire rope slings, alloy steel chain slings, metal mesh slings, and natural and synthetic fiber rope slings, and all fastenings and attachments shall be inspected for damage or defects by a Qualified person.

Slings shall have permanently affixed tags stating the following:
 Manufacturer’s name or trademark.
 Rated capacity.

5.18.1 Qualified Rigger
Employer must use qualified riggers during hoisting activities for assembly and disassembly work.

Additionally, qualified riggers are required whenever workers are within the fall zone and hooking, unhooking, or guiding a load, or doing the initial connection of a load to a component or structure.

A qualified rigger is a rigger who meets the criteria for a Qualified person. Employer must determine whether a person is qualified to perform specific rigging tasks.

A qualified rigger is a person that:
 possesses a recognized degree, certificate, or professional standing, or  has extensive knowledge, training, and experience, and  can successfully demonstrate the ability to solve problems related to rigging loads.

Qualified Signalman, Employer must ensure that a signal person is qualified.

Third party qualified evaluator. The signal person has documentation from a third party qualified evaluator showing that he or she meets the qualification requirements.

The signal person is considered qualified if he or she:
 Knows and understands the type of signals used at the worksite.  Is competent in using these signals.
 Understands the operations and limitations of the equipment, including the crane dynamics involved in swinging, raising, lowering and stopping loads and in boom deflection from hoisting loads.
 Knows and understands the relevant signal person qualification requirements.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 34 of 92

5.19 Critical Lifts: Cranes, Boom Trucks, Derricks, etc.

Critical Lift Plan shall be prepared for all lifts that:
 Exceed 75% of the lifting device’s capacity as configured for that lift; or  Is deemed a critical lift by the Owner or Authorized Representative by reason of potential negative consequences to safety, structure, or schedule; or  Involve two or more cranes or lifting devices.
 A Qualified person shall prepare the Critical Lift Plan. The Qualified person preparing the plan may be the crane Operator, lift supervisor, or rigger. The crane Operator, lift supervisor, and rigger shall participate in the preparation of the plan. The plan shall be documented, and a copy provided to the Contractor and the Authorized Representative.

The plan shall be reviewed by, and signed by, all personnel involved with the lift.  The plan shall specify the exact size and weight of the load to be lifted and all crane and rigging components that add to the weight. The manufacturer’s maximum load limits for the entire range of the lift as listed in the load charts shall also be specified.  The plan shall specify the lift geometry and procedures, including the crane position, height of the lift, the load radius, and the boom length and angle, for the entire range of the lift.
 The plan shall designate the crane Operator, lift supervisor, and rigger, and state their qualifications.
 The plan will include a rigging plan that shoes the lift points and describes rigging procedures and hardware requirements.
 The plan will describe the ground conditions, outrigger or crawler track requirements, and, if necessary, the design of mats, necessary to achieve a level, stable foundation of sufficient bearing capacity for the lift.
 For floating cranes or derricks, the plan shall describe the operating base (platform) condition and any potential list.
 The plan will list environmental conditions under which lift operations are to be stopped.  The plan will specify coordination and communication requirements for the lift operation.  For tandem or tailing crane lifts, the plan will specify the make and model of the cranes, the line, boom and swing speeds, and requirements for an equalizer beam.

5.20 Demolition
A permit from the Department of Safety and Health is required for demolitions of any building or structure more than 36 feet high. The Project Administrator shall hold a Project Permit and all other Employers directly engaged in demolition or dismantling activity shall hold an annual permit.
 A pre-demolition survey must be made to determine whether the planned work will cause:
 any structure to collapse,
 worker exposure to hazardous chemicals, gases, explosives, flammable materials, or similarly dangerous substances,
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 35 of 92  worker exposure to asbestos or lead,
 worker exposure to carcinogenic chemicals,
 worker exposure to crystalline silica. (see section 5.4)  Utilities to the structure to be demolished must be turned off or protected from damage.  The Contractor shall develop an Emergency Call List for all known utility owners prior to the start of demolition work.
 A site plan must be marked up to show the locations of known utilities and shut off valve controls.
 Pipe-covering insulation and column fire protection, along with HVAC ducts will be surveyed for asbestos.
 Adequate dust controls procedures shall be implemented during demolition, stockpiling and loading operations.
 The Employer must check continually for hazards created by weakening of the structure’s members. If such hazards occur it must be corrected before workers may continue.
 Chutes or chute sections that are at an angle of more than 45 degrees from the horizontal must be entirely enclosed except for openings equipped with closures at or about floor level for the insertion of materials.
 Any chute opening into which Employee dumps debris by hand must be protected by a guardrail.

5.21 Electrical
 Only Qualified persons may work on electrical equipment or systems following OSHA, NFPA 70E procedures and PPE requirements.
 Maintenance of electrical installations is required to ensure their safe condition.  Electrical equipment and wiring must be protected from mechanical damage and environmental deterioration.
 Covers or barriers must be installed on boxes, fittings, and enclosures to prevent accidental contact with live parts. Voltage ratings must be displayed on all electrical panels including distribution boxes.
 Flexible cords may be used in place of permanent wiring methods for temporary work if the cords are equipped with an attachment plug and energized from an approved receptacle. Temporary equipment must meet code requirements.  Flexible cords must be Type S and cannot be spliced unless they are size No. 12 (or larger).
 Skirted attachment plugs must be used on all equipment operating at more than 300 V.  Each receptacle must have a grounding contact that is connected to an equipment grounding conductor.
 Temporary wiring must be grounded.
 Electrically powered tools and electrical equipment (i.e. portable generators) with exposed, noncurrent-carrying metal parts must be grounded.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 36 of 92  Exception: Double insulated powered tools need not be grounded.  Damaged or defective tools and cords shall be removed from service.  The Contractor is responsible for designing and implementing a cord inspection program.
 Temporary lighting must be equipped with guards to prevent contact with lens or bulb and dedicated circuit.
 GFCI’s are required for all temporary electrical wiring used cords and equipment.

5.22 Emergency Medical Services
Emergency Medical Services (EMS) must be readily available.  A first aid kit must be provided by each Employer on all jobsites and must contain the minimum of supplies as determined by an authorized licensed physician or as listed in T8 CCR 1512(c).
 The contents of the first-aid kit shall be inspected regularly to ensure that the expended items are promptly replaced.
 Trained personnel in possession of a current Red Cross First Aid certificate or its equivalent must be immediately available at the jobsite to provide first aid treatment.  Each Employer must ensure that its Employees have access to emergency medical services at the jobsite. Where more than one Employer is involved in a single construction Project on a given construction site, the Employers may agree to ensure Employee access to emergency medical services for the combined work force present at the jobsite.
 Each Employer shall inform all of its Employees of the procedure to follow in case of injury or illness.
 The Employer shall have a written plan to provide emergency medical services.  Proper equipment for prompt transport of the injured or ill person to an EMS facility or an effective communication system for calling an emergency medical facility, ambulance, or fire service must be provided. Telephone numbers for listed emergency services must be posted
 The Employers on the Project may agree to ensure Employee access to emergency services for the combined work force present at the jobsite.  Exposure to blood borne pathogens is considered a job-related hazard to workers who are assigned first aid duties in addition to construction work. Although construction Employers are specifically exempted from certain regulatory requirements they are required to provide appropriate protection for Employees who may be exposed to blood borne pathogens when providing first aid.

5.23 Steel Erection and Construction
 Truss and beam requirements
 Trusses and beams must be braced laterally and progressively during construction to prevent buckling or overturning. The first member shall be plumb, connected, braced, or guyed against shifting before succeeding members are erected and secured to it.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 37 of 92  An erection plan and procedure must be provided for trusses and beams more than 25 feet long. The plan must be prepared by a California-registered Professional Engineer, and it must be followed and kept available on the jobsite for inspection by Cal/OSHA staff.
 Structural steel erection:
 A load shall not be released from its hoisting line until the solid web structural members are secured at each connection with at least two bolts (of the same size/strength as indicated in the erection drawings), and drawn wrench tight.  Steel joists or steel joist girders shall not be placed on any support structure until the structure is stabilized.
 When steel joist(s) are landed on a structure, they shall be secured to prevent unintentional displacement prior to installation.
 Floors must be planked at every other story or 30 feet, whichever is less.  A floor must be installed within two (2) floors below any tier of beams on which erection, riveting, bolting, welding, or painting is being done; otherwise, fall protection is required.
 100% fall protection is required when workers are connecting beams where the fall distance is greater than six (6) feet.
 During work other than connecting operations, fall protection is required where the fall distance is greater than six (6) feet.
 Before any steel erection begins, the controlling Contractor must provide the steel erector written notifications related to concrete strength and anchor bolt repair/replacement.
 Prior to removal of planking or metal decking, all Employees must be instructed in the proper sequence of removal and safety.
 Requirements for the working area where floor openings are to be uncovered:
 The floor area adjacent to the floor opening shall be barricaded or the floor opening shall be covered and secured when not attended by steel erection personnel.  Floor openings shall be guarded by both temporary railings and toe boards or by covers.
 Covers shall:
 Be capable of safely supporting twice the weight of the Employees, equipment and materials that may be imposed on any one (1) square foot area of the cover at any time.
 Have not less than 12 inches of bearing on the surrounding structure.  Be checked by a Qualified person prior to each shift and following strong winds.  Never be removed by walking forward where the walking surface cannot be seen.  Bear a sign stating, "OPENING-DO NOT REMOVE", in two (2)-inch high, black bold letters on a yellow background, and be secured in place when un-attended.  Permanent Flooring-Skeleton Steel Construction in Tiered Buildings  Unless the structural integrity is maintained by the design.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 38 of 92  There shall be not more than eight (8) stories between the erection floor and the uppermost permanent floor.
 There shall be not be more than four (4) floors or 48 feet, whichever is less, of unfinished bolting or welding above the foundation or uppermost permanently secured floor.

All columns must be anchored by a minimum of four (4) anchor bolts.

5.24 Excavations
 The Employer must locate buried utilities before digging.  Prior to excavation all known owners of underground facilities in the area shall be notified by calling the 811 USA North Notification System (WRF GIS Group will respond).
 An excavation Plan must be filled out and signed by all parties 48 hours before excavation operation begins. See Appendix E
 Employers shall check the entire jobsite for visual signs of substructures. This includes such items as manhole covers, water meter boxes, ditch lines, pavement patches, previous location marks, pole risers, and the obvious absence of overhead utilities.  Employers shall further check the entire site with a pipe locator to verify both known substructures and to pick up any unknown substructures.  Employers must expose substructure by hand after locations are determined.  Employers shall be careful that no holes or cuts are knocked into the substructure by scraping or hammering.
 Employers shall be aware of the possibility of joint use of trench for power, telephone, gas, etc.
 Employers shall obtain an activity permit from Cal/OSHA in accordance with 8 CCR § 341 and §1539.
 Employers shall Notify OSHA with Activity notification form prior to work start with an excavation of five (5) feet or more where Employees are required to enter.  Employers shall maintain a copy of the permit onsite.  Trenching or excavating activities must be under the supervision of a Competent Person at all times.
 The Employer material bracing, shoring, shielding, and trench boxes must be in good condition and of proper dimensions. Tabulated data sheets for engineered systems must be available on site.
 The Competent Person must inspect excavations each day and maintain daily reports available upon request.
 A rescue plan must be in place prior to beginning any excavation operation.  The Employers “Competent Person” must determine the soil classification (Type A, B, or C) to determine the appropriate type of protective system required for the excavation.  Excavated soils, materials or equipment are to be kept at least two (2) feet from the edge of the excavation.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 39 of 92  The Employer must provide barricades to protect people from falling into the trench.

Barricades shall be offset a minimum three (6) feet from the excavation.  Ladders or other means of egress must be provided by the Employer for access four (4) feet and greater and spaced within 25 feet of any worker inside the excavation. The atmosphere inside a trench 4’ or deeper must be sampled and documented on the Competent Person’s daily report.
 Where Employees are required or permitted to cross over any excavation or trench over six (6) feet deep and 30 inches wide, Walkways or bridges at least 20 inches wide with standard guardrails shall be provided.
 Rescue equipment must be provided by the Employer (full body harness and lifeline, breathing apparatus, basket stretcher) when hazardous atmospheric conditions are expected to exist. Confined space requirements must be followed if the excavation meet the definition of a confined space.
 Employers must follow all regulations as outlined in the OCIP Safety Manual and all State OSHA regulations pertaining to trenching and excavating activities.

5.25 Fall Protection
 100% Fall Protection shall be implemented by all trades for all fall exposures of six (6) feet or more including excavations.
 Where a fall hazard exists, efforts must be made to eliminate the hazard; provide protection against the hazard; or establish alternative methods to control/monitor the hazard, PPE is the last resort.
 Rescue plan shall be addressed in the Employer’s fall protection policies and fall protection training.
 Must be 18 ½ feet above a lower level before you can use a 6’ lanyard/double lanyard. A retractable life line (Yo-yo) must be used at heights below 18 ½ feet at 6 feet and above under the supervision of a Competent Person.
 Training and Retraining:
 Training:

Employers are required to provide training for any Employee who might be exposed to a fall hazard prior to the exposure or upon hiring. Documentation shall be maintained and available for review upon request.

Training must include an explanation of the company’s fall protection policies and safe work practices with general instructions and precautions; specific instruction where required; hazard identification and correction; selection and proper use of protective devices; and maintenance of equipment. Instruction should also include correct procedures for inspecting, erecting, disassembling, and maintaining fall protection systems used; and the Employee’s role in fall prevention and protection.
 Retraining:

When the Employer has reason to believe that any affected Employee who has already been trained does not have the understanding and skill required by paragraph (a) of this section, the Employer shall retrain each such Employee.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 40 of 92 Circumstances where retraining is required include, but are not limited to, situations where:
 changes in the workplace render previous training obsolete; or  changes in the types of fall protection systems or equipment to be used render previous training obsolete; or
 Inadequacies in an affected Employee's knowledge or use of fall protection systems or equipment indicate that the Employee has not retained the requisite understanding or skill.

5.26 Fire Prevention
The Employer is responsible for establishing an effective fire prevention program and ensuring that it is followed throughout all phases of the construction work. A hot work permit is required prior to any work that produces flames or sparks; Follow the City of San Jose Hot Work Procedure EHSP-224.

Firefighting equipment must be:
 freely accessible at all times,
 placed in a conspicuous location, and
 well maintained.

A water supply that is adequate to operate firefighting equipment must be made available as soon as combustible materials accumulate.

All firefighting equipment shall be maintained in operating condition. Defective equipment shall be immediately replaced.

Fire extinguisher use must comply with the following:
 Fire extinguishers must be kept fully charged, inspected monthly, and serviced annually.  At least one fire extinguisher, rated not less than 2A, must be provided at each floor.  At least one fire extinguisher, rated not less than 2A, must be provided adjacent to the stairway at each floor level.
 Fire extinguishers must be kept within 50 feet of wherever more than five (5) gallon of flammable or combustible liquid or five (5) pounds of flammable gas is being used.

Storage of more than 25 gallons of flammable liquids shall be in a NFPA approved storage cabinet. Not more than 120 gallons of Class l, ll, or lll liquids may be stored in a storage cabinet.

No smoking signs shall be posted as required by operations or material exposures.

5.27 First Aid
Regulations concerning first aid include the following:
 An adequate number of first aid kits must be provided by each Employer on all jobsites and must contain the minimum of supplies as determined by an authorized licensed physician or as listed in The Cal/OSHA Construction Safety Orders. T8 CCR 1512 DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 41 of 92  Trained personnel in possession of a current Red Cross First Aid certificate or its equivalent must be immediately available at the jobsite to provide first aid treatment.  Each Employer shall inform all of its Employees of the procedure to follow in case of injury or illness.
 Emergency medical services, including a written plan, must be provided and should include the Computer Room’s phone number (408) 635-4000 as the primary contact for emergency services.
 Exposure to blood borne pathogens is considered a job-related hazard for construction workers who are assigned first aid duties in addition to construction work. Although construction Employers are specifically exempt from certain GISO regulatory requirements, they are required to provide appropriate protection for Employees who may be exposed to blood borne pathogens when providing first aid.

5.28 Flaggers
Flaggers must be used at locations on a construction site as soon as barricades and warning signs cannot effectively control moving traffic. The Employer must ensure the following:
 Flaggers must be placed in locations so as to give effective warning.  Worksite traffic controls and placement of warning signs must now conform to the requirements of the “California Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways, September 26, 2006” (the Manual), published by Caltrans.  Warning signs must be placed according to the Manual.  Flaggers must wear orange or strong yellow-green warning garments, such as vests, jackets, shirts, or rainwear.
 The Employer shall select the proper type (class) of high visibility safety apparel for a given occupational activity by consulting the Manual, apparel manufacturer, ANSI/ISEA 107-2004, Appendix B or the American Traffic Safety Services Association (ATSSA).  Flaggers shall wear warning garments manufactured in accordance with the requirements of ANSI/ISEA 107-2004, High Visibility Safety Apparel and Headwear.  During the hours of darkness:
 The flagger shall be clearly visible to approaching traffic and be outfitted with reflectorized garments manufactured in accordance with the requirements of the ANSI/ISEA 107-2004, High Visibility Safety Apparel and Headwear.  The retro reflective material shall be visible at a minimum distance of 1,000 feet.  During snow or fog conditions, only colored vests, jackets and/or shirts with retro reflective material that meets the ANSI/ISEA and the minimum distance requirements shall be worn.
 Flaggers must be trained on worksite traffic safety, traffic controls and placement of warning signs in accordance with California Manual on Uniform Traffic Control Devices.  Training must be documented in accordance with IIP Program requirements.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 42 of 92

5.29 Flammables and Combustibles
Flammable and combustible liquids include gasoline, paint thinners, solvents, etc.  These liquids must be kept in closed containers when not in use.  Leakage or spillage must be disposed of promptly and safely.  Flammable and combustible liquids may be used only where no open flames or sources of ignition exist.
 All containers of flammable and combustible liquids must be plainly marked with a warning legend.
 Flammable liquids must not be used:
 To wash floors, structures, or equipment except where there is adequate ventilation.  To spray for cleaning purposes unless the liquids are used in a spray booth or outdoors where there is no ignition source within 25 feet of their use.  Flammable liquids must be stored and transported in closed containers.  Only approved metal safety cans will be allowed for flammable storage.  All outside storage areas must be at least 20 feet from any building.  No more than a one-day supply of flammables may be on site during working hours.  Contractor must remove all flammables from all work areas at the end of each workday.  At least two (2) extinguishers appropriate for the type of flammable materials present shall be provided if flammables are present.
 Secondary containment must be used to prevent spills.  Spill kits for the type of material stored must be available.  Must follow SDS recommendations for PPE, storage, disposal, air monitoring, handling, etc.

5.30 Forklifts
 Contractor shall create a Powered Industrial trucks safety program that designates roles and responsibilities, defines certified operators, and includes pedestrian responsibilities, and how to use spotters.
 The program should include procedures on specific industrial truck initial operator training, performance evaluations, retraining, recordkeeping, and operator certification.  Procedures for pre-inspection, periodic inspections, general safety protocol, traveling, loading and unloading, forklift specific procedures, refueling and /or recharging of industrial trucks.
 Configuration program that includes, attachments, rigging below the forks, signaling, and rigger qualifications.
 Procedures to safely raise personnel and required PPE.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 43 of 92

5.31 Forms, Falsework and Vertical Shoring
By definition, concrete forms are considered falsework. Falsework, however, also includes support systems for forms, newly completed floors, bridge spans, etc., that provide support until appropriate curing or stressing processes have been completed.  Design of falsework:
 Falsework design, detailed calculations, and drawings must be signed and approved by a California Professional Engineer (Ca PE) if the falsework height (sill to soffit) exceeds 14 feet, if the individual horizontal span length exceeds 16 feet, or if vehicle or railroad traffic goes through the falsework.

Note: For other falsework, approval may be provided by a manufacturer’s representative.
 Falsework plans must be available at the jobsite.
 Minimum design loads are as follows:
 Total combined live and dead load: 100 psf.
 Live load and formwork: 20 psf.
 Additional loads must be considered in the design.
 Erection of falsework:
 Falsework must be erected on a stable, level, compacted base and supported by adequate pads, plates, or sills.
 Shore clamps (metal) must be installed in accord with manufacturer’s instructions.  Inspection.
 Before pouring concrete on falsework requiring design approval, an engineer (Ca PE) or the engineer’s representative must inspect for and certify compliance with plans.

Note: For other falsework, the inspection and certification may be provided by a manufacturer’s representative
 A copy of the inspection certification must be available at the jobsite.  Access to forms and falsework must clear and in compliance with applicable regulations.
 Fall protection: Periphery rails are required as soon as supporting members are in place.

Note: The area under formwork is a restricted area and must be posted with perimeter warning signs.

5.32 Guardrails
Guardrails must be installed at the open sides of all work surfaces that are six (6) feet or higher above the ground, floor, or level underneath, or workers must be protected by other fall protection or, if justified, by a valid fall protection plan. Fall Protection Plans, Controlled Access Zones, Safety Monitor Systems and Controlled Decking Zones are not permitted without special approvals by the Owner and OCIP Safety Representative.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 44 of 92  Guardrailing Specifications
Railings shall be constructed of wood or in an equally substantial manner from other materials, and shall consist of the following:
 A wooden top rail that is 42 inches to 45 inches high and that measures two (2) inches by four (4) inches or larger. A mid-rail shall measure at least two (2) inch by four (4) inches, and shall be placed halfway between the top rail and the floor when there is no wall or the parapet wall is less than 21 inches high.  Wood posts shall be not less than two (2) inches by four (4) inches in cross section, spaced at eight (8)-feet or closer intervals
Notes: Use only "Selected lumber" - free from damage that affects its strength for wood railings. Steel banding and plastic banding shall not be used as top rails or mid-rails.
 Toeboards must be used on all guard rails unless it can be proven that no personnel will be accessing or working below the guardrail.  All railings and components shall be capable of withstanding a force of at least 200 pounds applied to the top rail within two (2) inches of the top edge, in any outward or downward direction, at any point along the top edge.
 Mid-rails, screens, mesh, intermediate vertical members, solid panels, and equivalent members shall be capable of withstanding a force of at least 150 pounds applied in any downward or outward direction at any point.  The ends of the rails shall not overhang the terminal posts, except where such overhang does not constitute a projection hazard.
 Railings shall be so surfaced as to prevent injury to an Employee from punctures or lacerations, and to prevent snagging of clothing.
 Guardrailing applications
 Floor and roof openings:
 Floor, roof, and skylights openings in any work surface must be guarded by railings and toe boards or by covers.
 The cover must be able to support 400 pounds or twice the weight of the Employees, equipment, and material, and be securely fastened.  Covers must bear a sign; with minimum one (1) inch letters, stating - OPENING—DO NOT REMOVE.
 Employees within six (6) feet of any skylight shall be protected from falling through the skylight opening by any one of the following methods:
 Guardrails,
 skylight screens,
 personal fall protection system,
 covers installed over the skylights,
 Fall protection plan.
 Access to surfaces glazed with transparent or translucent materials are not permitted unless an engineer certifies that the surface will sustain all anticipated loads.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 45 of 92  Wall openings: Wall openings must be guarded if there is a drop of more than four (4) feet and the bottom of the opening is less than three (3) feet above the working surface.  Elevators: Guardrails are required for elevator shaft openings that are not enclosed or do not have cages.
 Falsework: Guardrails are required as soon as falsework supporting members are in place.
 Demolition: Wall openings must be guard-railed during demolition except on the floor being demolished and on the ground floor.
 Roofing operations: Provisions must be made during roofing operations to prevent workers from falling off roofs six (6) feet or higher.
 Skeleton steel building: A three eighths (3/8) inch wire rope, in lieu of standard railing, may be used to guard openings and exposed edges of temporary floors or planking in skeleton steel buildings. The three eighths (3/8) inch wire rope must have a breaking strength of 13,500 pounds (minimum) and be placed at 42 inches to 45 inches above the finished floor and then between the floor and the top wire rope (midrail), red flagging must be installed every 6’ to make the wire rope visible. The wire rope must not deflect more than 3”.

5.33 Hazard Communication
In accordance with the provisions of the Hazard Communication Standard, each Employer must have a comprehensive written Hazard Communication Program which includes:
 A list of hazardous substances known to be on site.
 Methods the Employer will use to inform Employees of the hazards of non-routine tasks.  On Multi-Employer jobsites, the program shall include the methods Employer will use to inform other Employer(s) of any precautionary measures to protect their Employees.  The methods used to provide other Employer(s) with access to Material Safety Data Sheets.
 The methods the Employer will use to inform the other Employer(s) of the labeling system in use.
 The Contractor must submit a copy of its Hazard Communication Program to the CSR and OCIP Safety Representative.

Each Employer must have a jobsite binder which contains the following items:
 a comprehensive written Hazard Communication Policy,
 a chemical inventory listing all hazardous materials brought onto or used on the Project Site by the Employer,
 Safety Data Sheets (SDS’s) for all hazardous materials used on the Project Site.

The Employer shall ensure that all Employees have received training in the safe use of hazardous materials; and that Employees are able to read and understand the information on Material Safety Data Sheets. The training shall include at least:

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 46 of 92  Methods and observations that may be used to detect the present or release of a hazardous chemical.
 The physical and health hazards of the chemicals used in the work area.  Measures Employees can take to protect themselves from the hazards.  Details of the hazard communication program, including the labeling systems and the use of SDS.

The Employer shall ensure that all containers used on the construction site are properly labeled as to their contents, including gas and diesel containers.

The Employer will provide a Safety Data Sheet (SDS) for any hazardous substance that will be used on the jobsite to the Contractor prior to its use.

Proposition 65 requires the governor to publish a list of chemicals known to the State of California to cause cancer, birth defects, or reproductive harm.

Proposition 65 also requires that Employers provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical. For complete details on the Proposition 65 regulation, please refer to T22 CCR, Section 12000 et seq., or contact the Office of Environmental Health Hazard Assessment (OEHHA).

5.34 Heat Illness Prevention
Heat illness is a serious medical condition resulting from the body's inability to cope with increased heat load. Heat illness can be one or more medical conditions including: heat rash, heat cramps, fainting, heat exhaustion, and heatstroke. Heat illness may be mild initially but can become severe or fatal if the body temperature continues to rise. Heat illness can also affect Employees’ work performance and increase their risk of having accidents. Supervisors, foremen and Employees should look continuously for signs and symptoms of heat illness in themselves and fellow workers. It is vital to immediately report any signs and symptoms of heat illness to a supervisor. There is a lot of variability in the recognition and reporting of heat illness symptoms.

Employers shall develop, implement, and monitor their heat illness prevention procedures as part of the IIP Program, furthermore, to successfully tailor these procedures to your work activities, evaluate and consider the individual conditions present at your site (such as, but not limited to):
 Size of the crew.
 The length of the work-shift.
 The ambient temperature (which can be taken either with the aid of a simple thermometer or by monitoring the weather).
 The presence of personal protective equipment or additional sources of heat.

CAL/OSHA has provided on the following website a number of training materials and other resources: http://www.dir.ca.gov/DOSH/HeatIllnessInfo.html Mandatory - Requirements for written procedures must also:

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 47 of 92  Identify the designated person(s) that has been assigned the applicable task(s) (e.g. supervisor, foreman, safety coordinator, crew leader).
 Provide specific details required to carry out the task and ensure that the task is accomplished successfully (e.g. how many water containers/shade structures, of what size, distance to placement, frequency of water-level replenishment/weathertracking/water breaks/reminders, etc.).  Specify how these procedures will be communicated to your Employees and in particular to the persons assigned these responsibilities (e.g. via training, meeting), and how it will be ascertained that these instructions and procedures are followed.

5.35 Heavy Equipment
 Safety requirements for heavy construction equipment are as follows:
 General repairs must not be made to powered equipment until workers are protected from movement of the equipment or its parts.
 Before repairs are made workers must comply with lock-out/tag-out/block-out requirements as applicable.
 Wherever mobile equipment operation encroaches on a public thoroughfare, a Traffic control plan must be developed and submitted for approval prior to the commencement of work which includes a system of traffic controls that must be used.
 Flaggers are required at all locations where barricades and warning signs cannot control the moving traffic.
 Flaggers shall wear high visibility safety apparel and headwear manufactured in accordance to ANSI/ISEA standards. Also, all Employees (on foot), such as grade-checkers, surveyors and others exposed to the hazard of vehicular traffic, shall wear high visibility safety apparel in accordance with the requirements of T8CCR; 1590, 1598 and 1599.
 Job-site vehicles must be equipped with the following:
 operable service, emergency, and parking brakes,
 two operable headlights and taillights for night operation,  windshield wipers and defogging equipment as required (Cracked or broken windshields shall be promptly replaced),
 seat belts if the vehicle has rollover protection structures,  fenders or mud flaps,
 adequate seating if the vehicles are used to transport Employees,  vehicles and systems must be checked for proper operation at the start of each shift and documented.
 Rollover protection structures and seat belts must be installed for the following equipment having a brake horsepower rating above 20:
 bulldozer,
 front-end loader,
 motor grader,
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 48 of 92  scraper,
 tractor (except side boom pipe laying),
 water wagon prime mover.
 Haulage and earth moving equipment safety requirements are as follows:
 All vehicles must be equipped with an automatic backup alarm that sounds immediately on backing. Note: In congested areas or areas with high ambient noise which makes hearing the alarm difficult, a signal person in clear view of the operator must direct the backing or moving operation.
 All vehicles must be equipped with a manually operated warning device.  Haulage vehicles in operation must be under operator control and must be kept in gear when descending grades.
 The brakes on a haulage vehicle must meet the criteria specified by the Construction Safety Orders, see section GG, #2.
 Machines shall be operated at speeds and in a manner consistent with conditions of the Project Site.
 The control devices on a haulage vehicle must be inspected at the beginning of each shift.
 Exposed scissor points on front-end loaders must be guarded.  Engines must be stopped during refueling.
 Lights are required for night operation.
 Vehicles loaded by cranes, shovels, loaders, and similar devices must have an adequate cab or canopy for operator protection.
 Dust control is required when dust seriously limits visibility.  In dusty operations, equipment operators shall use adequate respiratory protection.  Employers shall ensure appropriate hearing protection is provided and used when needed.
 Loads on vehicles must be secured from displacement.

5.36 Housekeeping
Housekeeping is a term used to describe the cleaning of the work site and surrounding areas of construction Project-related debris. The term also refers to the managing and storing of materials that are used on the Project Site.

Individual Employers are responsible for all debris or construction materials generated by their work process; all such material must be maintained daily, in an orderly fashion at all times while on site.

Listed below are the general requirements for housekeeping to which all work sites are subject to but not limited:
 Work surfaces, passageways, and stairs shall be kept reasonably clear of scrap lumber and debris. (All exits and access ways must be kept unobstructed.) DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 49 of 92  Ground areas within six (6) feet of buildings under construction shall be kept reasonably free of irregularities.
 Storage areas and walkways on construction sites shall be kept reasonably free of dangerous depressions, obstructions, and debris.
 Piled or stacked material shall be placed in stable stacks to prevent it from falling, slipping, or collapsing.
 Material on balconies or in other similar elevated locations on the exteriors of buildings under construction shall be placed, secured or positively barricaded in order to prevent the material from falling.
 Metal containers with covers must be provided for disposal of oily and paint soaked rags.

5.37 Injury and Illness Prevention
An Injury and Illness Prevention Program (IIPP) is required at all work sites. The program is considered effective if it satisfies the regulatory requirements of T8 CCR 3203 and helps the Employer and the Employee to identify and control the hazards specific to their work site.

Following is a summary of the regulatory requirements.
 The IIPP must be in writing and must include the following elements:
 The Employer’s assignment of responsibilities,
 A system for ensuring Employee compliance with safe work practices,  A system for two-way communication between Employers and Employees about safety issues,
 Scheduled inspections and an evaluation system to identify hazards,  An accident investigation process,
 Procedures for correcting unsafe and unhealthy conditions,  Safety and health training,
 Recordkeeping.
 Other IIPP requirements for construction are:
 Employers must adopt and post a Code of Safe Practices at each jobsite. On the following Dept. of Industrial Relations (DIR) website, Plate A-3 in Appendix A of the Construction Safety Orders illustrates a general format http://www.dir.ca.gov/title8/1938a.html.
 Periodic meetings of supervisors must be held to discuss the safety program and accidents that have occurred.
 Supervisors must conduct tailgate or toolbox safety meetings at least every ten (10) working days; however, weekly meetings are recommended.  Required safety training for Employees includes:
 New workers shall be instructed in safe work practices, job hazards, and safety precautions and shall be required to read the Code of Safe Practices.  The Employer shall permit only qualified or experienced Employees to operate equipment or machinery.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 50 of 92  Workers shall be instructed in the following:
 The recognition of jobsite-specific hazards.
 Procedures for protecting themselves.
 First aid procedures in the event of injury.

5.38 Portable Ladders
Ladders shall be used as last resort for elevated work, access for personnel shall be stairs or stair towers, access by ladder only when stairs or stair towers are infeasible to install. Before elevated work begins a Competent Person shall determine if the use of a ladder is warranted or if a different method is required such as scaffolding, scissor lift, boom lift, etc. General requirements for ladders are listed below and in Table 5.38-1:
 Ladders shall be inspected by a Qualified Person for visible defects frequently and after any occurrence that could affect their safe use. A green tag must be used to certify that the ladder was inspected by a Competent Person.
 Ladders shall be maintained in good condition at all times.  No aluminum ladders on site.
 Minimum 1A rating (300 Lbs.) ladders.
 Remove ladders that have developed defects such as broken or missing steps, rungs, cleats, safety feet, side rails, or other defects from service, and tag or mark them with "Dangerous, Do Not Use".
 All ladders shall be free of oil, grease, or slippery materials. Wood ladders shall not be painted with other than a transparent material.
 Any work from a ladder at heights 6 feet or more, where the Employee cannot maintain three points of contact, fall protection is required.
 Extension ladders shall be secured at the top and bottom with a system that will not damage the ladder, at a ratio of 4 Vertical: 1 Horizontal. Walkthrough ladder extensions must be used above the landing (3 feet). An offset or gate shall be used to prevent Employees from walking off the leading edge.

Table 5.38-1 Ladder Rating Chart
Duty Rating Ladder Type Working Lead (Pounds)
Special Duty IAA 375
Extra Heavy Duty IA 300
Heavy Duty I 250
Medium Duty II 225
Light Duty III 200
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 51 of 92

5.39 Laser Equipment
The primary hazard of using laser equipment is injury to the eyes. Following are selected regulatory requirements:
 Only Qualified persons may operate laser equipment.
 Equipment must be turned off or shielded when unattended and not in use.  Laser beams must never be pointed or directed at people.  Lasers must have a label indicating their maximum output.  Employees who have a potential exposure to direct or reflect laser light greater than five miliwatts shall be provided with anti-laser eye protection as specified in Section T8 3382(e).
 Warning signs and labels (in accordance with ANSI) must be posted in areas where lasers are used.

5.40 Lighting
Construction areas, ramps, corridors, offices, shops and storage areas, etc., shall be lighted to not less than the minimum illumination intensities in Table 5.40-1 while work is in progress:

Table 5.40-1 Minimum Illumination Intensities in Foot-Candles Foot-Candles Area or Operation
10 General construction area lighting low activity.
10 Outdoor active construction areas, concrete placement, excavation and waste areas, access ways, active storage areas, loading platforms, refueling, and field maintenance areas.
10 Indoors: warehouses, corridors, hallways, stairways, and exit-ways.

General construction plant and shops (e.g., batch plants, screening plants, mechanical and electrical equipment rooms, carpenter shops, rigging lofts and active storerooms, barracks or living quarters, locker or dressing rooms, mess halls and indoor toilets and workrooms).
10 Nighttime highway construction work. First-aid stations, infirmaries, and offices.
10 Nighttime highway construction work lighting shall be provided within the work zone to illuminate the task(s) in a manner that will minimize glare to work crews and not interfere with the vision of oncoming motorists.

5.41 Lock-out or Tag-out
Lock-out/Tag-out activities will follow the plant’s procedure # EHSP-202.

When equipment needs to be de-energized during cleaning, servicing, or adjusting operations, the following applies:
 Machinery or equipment capable of movement shall be stopped, and the power source shall be de-energized or disengaged.
 Moveable parts shall be mechanically blocked or locked out.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 52 of 92  Equipment that has lockable controls or that is readily adaptable to lockable controls shall be locked out or positively sealed in the off position.  Accident prevention signs or tags shall be placed on the controls of equipment, machines, and prime movers during repair work.
 An energy control procedure shall be developed and used by the Employer.  If the equipment must move during repair or maintenance, the Employer shall provide and require the use of extension tools or other means to protect Employees from injury due to the movement. Employees shall be trained on the safe use and maintenance of such tools or means.
 Repairs on Heavy Construction equipment must not be made until workers are protected from movement of the equipment or its parts.

An Authorized Person shall be responsible for the following before working on de-energized electrical equipment or systems unless the equipment is physically removed from the wiring system:
 Notifying all involved personnel.
 Locking the disconnecting means in the "open" position with the use of lockable devices, such as padlocks, combination locks or disconnecting of the conductor(s) or other positive methods or procedures which will effectively prevent unexpected or inadvertent energizing of a designated circuit, equipment or appliance.

5.42 Machine Guarding
Machine guarding is required on all moving machine parts when the operation of a machine or accidental contact with the parts could injure the operator or other workers.

The following are some of the major moving machine parts that must be guarded:
 gears, sprockets, and chain drives,
 belt and pulley drives,
 belt conveyor head and tail pulleys,
 screw conveyors,
 exposed shafts and shaft ends,
 collars and couplings,
 hazardous revolving or reciprocating parts.

5.43 Personal Protective Equipment
 Contractor/Subcontractor are required to assess the workplace to determine if hazards that require the use of personal protective equipment are present or are likely to be present.
 Contractor/Subcontractor must certify in writing that a workplace hazard assessment has been performed.
 Contractor/Subcontractor must select and have affected Employees use properly fitted personal protective equipment (PPE) suitable for protection from existing hazards.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 53 of 92  Contractor/Subcontractor must, at all times unless otherwise directed, wear an approved hard hat on the jobsite.
 Contractor/Subcontractor must supply all personal protective equipment.  Employees working in locations where there is risk of receiving eye injuries, such as punctures, abrasions, contusions, or burns, shall be safeguarded by means of appropriate eye and face protection.
 All safety glasses, goggles, and face shields must have the ANSI-Z87 approval.  Safety glasses with permanently affixed side shields are required at all times.  Safety eyewear manufactured to meet or exceed the requirements of ANSI Z87. 1-2003 must provide High Impact protection.
 Prescription eyewear must meet the same requirements as safety glasses or must be protected by Over the Glasses Safety Glasses.
 Sturdy safety toed work boots are required at all times on the jobsite. Employees on the jobsite shall not wear tennis shoes, running shoes, casual street shoes, sandals or shoes made of other thin material.
 At minimum a Class ll High Visibility reflective vest shall be worn at all times while on-site.
 Respiratory, hearing, face, skin, and hand protection are required for any applicable areas on the jobsite.
 Employees who are required to wear respiratory protection must receive a medical assessment of their physical ability to wear the equipment, be properly fit tested, and be trained in the use, care, maintenance, and limitations of the respiratory device.  Shirts must have a minimum four (4)-inch sleeve (no tank tops or shirtless attire), Shorts are not allowed.
 Proper professional work attire must be worn at all times.

5.44 Public Protection Plan
The Contractor shall develop a Public Protection Plan prior to the commencement of work. The Plan shall be reviewed and revised as necessary throughout the Project.

The plan shall be in writing and available at the jobsite for review upon request.

Public refers to parties not involved with the execution of work related to this Project.

5.45 Ramps and Runways
Regulations concerning ramps and runways are as follows:
 General requirements:
 Ramps must be properly designed to provide a safe means of access for foot or vehicle traffic.
 Open sides of ramps that are six (6) feet or more above ground must have standard guardrails.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 54 of 92  Any structural ramp for the use of vehicles or equipment must be designed by a Registered Professional Engineer
 Foot ramps:
 Foot ramps must be at least 20 inches wide and must be secured and supported to avoid deflection or springing action.
 If the ramp slope exceeds two (2) feet of rise for every ten (10) feet of run, cleats must be eight (8) inches or more in length and must be placed not more than 16 inches apart.
 Wheelbarrow ramps and runways
 Wheelbarrow ramps and runways must be firmly secured against displacement.  Ramps more than three (3) feet high must be 30 inches wide, and planks must be firmly cleated together.
 Falsework design loads must be increased by ten (10) psf for worker-propelled carts.

5.46 Scaffolds
 General requirements
 Contractor/Subcontractor must submit a scaffolding plan including erection and dismantling procedures to the HSSM minimum 72 hours prior to erecting scaffold on site for review. (Baker scaffolds are exempt)
 Contractor/Subcontractor must follow all regulations that govern scaffold erection and use including OSHA, Cal-OSHA, city regulations and manufacturer’s recommendations  Scaffolds must be provided for work that cannot be done safely by Employees standing on ladders or on solid construction that is at least 20 inches wide.  The design and construction of scaffolds must conform to applicable standards and requirements. T8CCR: 1637, ANSI A10.8-1988, ANSI/ASSE A10.8-2001 Standards are based on stress grade lumber. Metal or aluminum may be substituted if the structural integrity of the scaffold is maintained.
 Each scaffold must be designed to support its own weight and four (4) times the maximum load. Maximum working loads are as follows:
 Light-duty scaffolds: 25 psf. of work platform.
 Medium-duty scaffolds: 50 psf. of work platform.
 Heavy-duty scaffolds: 75 psf. of work platform.
 Special-duty scaffolds: exceeding 75 psf. as determined by a Qualified person or a California registered Engineer with scaffold design experience.  Engineered scaffolds: as determined by a California registered Engineer with scaffold design experience.
 The erecting and dismantling of scaffolds are regulated as follows:
 Scaffold erection and dismantlement must be supervised by a Qualified person.  Scaffolds must be erected and dismantled according to design standards, engineered specifications, or manufacturer’s instructions.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 55 of 92  A DOSH permit is required for erecting and dismantling scaffolds that exceed three stories or 36 feet in height.
 Scaffold access: ladders, horizontal members, and stairways must provide safe and unobstructed access to all platforms. The equipment must be located so that its use will not disturb the stability of the scaffold:
 Scaffolds must be secured as follows:
 Scaffolds must be tied off with a double-looped No. 9 iron wire. A compression member should prevent scaffold movement toward the structure.  Scaffold platforms must conform to the following:
 Platforms must be capable of supporting the intended load.  Platforms must be planked solid (without gaps) and cover the entire space between scaffold uprights.

Exception: In solid planking the following gaps are permissible:
 The opening under the back railing; Wood scaffolds eight (8) inches.  Metal Scaffolds ten (10) inches (maximum) horizontal.  Space between the building (structure) and the platform.  Wood scaffolds; 14 inches.
 Bricklayer scaffolds: seven (7) inches (maximum) to finished face of the building.  Scaffold platforms must conform to the following:
 •Platforms must be capable of supporting the intended load.  •Platforms must be planked solid (without gaps) and cover the entire space between scaffold uprights.

Exception: In solid planking the following gaps are permissible:
 The opening under the back railing.
 Wood scaffolds: eight (8) inches (maximum) horizontal.  Metal scaffolds: ten (10) inches (maximum) horizontal.  Space between the building (structure) and the platform.  Wood scaffolds: 14 inches (maximum).
 Metal scaffolds: 16 inches (maximum).
 Bricklayer’s scaffolds: seven (7) inches (maximum) to finished face of building.  Platform minimum widths are as follows*:
 Light duty: 20 inches.
 Heavy trades: four (4) feet.
 Platform slope must not exceed two (2) feet vertically to 10 feet horizontally.  Overhead protection is required when people are working overhead.  Slippery platform conditions are prohibited.
* Minimum widths only apply during erecting and dismantling the scaffold.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 56 of 92  Planking must conform as follows:
 All solid sawn planking, unless specified in other orders, must be made of scaffold grade (structural plank 2,200 psi) lumber (see 1504) with a nominal dimension of at least two (2) feet by ten (10) feet.
 Prior to being placed into service, all solid sawn wood scaffold planks shall be certified by, or bear the grade stamp of, a grading agency approved by the American Lumber Standards Committee.
 All Douglas fir and southern pine planking sized two (2)-inch by 10-inch (nominal) or two (2)-inch by nine (9)-inch (rough) shall not exceed a maximum span as follows: o Light trades @ 25 psf. = ten (10) feet.
 Medium trades @ 50 psf. = eight (8) feet.
 Heavy trades @ 75 psf. = seven (7) feet.
 All scaffold planks shall be visually inspected for defects before use each day.

Defective or damaged scaffold planks shall not be used and shall be removed from service.
 Planking shall overhang the ledger or support as follows:
 A minimum of six (6) inches. A maximum of 18 inches.
 All platform planks, shall not deflect more than 1/60 of the span when loaded to the manufacturer’s recommended maximum load.
 Guardrails must be installed on open sides and ends of platforms that are six (6) feet or higher.

Exception:
 X braces that substitute for a midrail must intersect 20 inches to 30 inches above the platform.
 X-braces that substitute for a top rail must intersect 42 inches to 48 inches above the platform, and a midrail must be placed at 19 inches to 25 inches above the platform.

Toe boards are required on all railed sides of work surfaces where Employees work or pass below.
 Prohibited scaffolds and supports:
 Shore scaffolds.
 Jack scaffolds (with brackets attached to single studs).  Lean-to scaffolds.
 Stilts.
 Nailed brackets.
 Brick or blocks.
 Loose tile.
 Unstable objects.

Maximum scaffold working load must be posted or provided to and available from the jobsite supervisor.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 57 of 92  Prohibited Work Practices:
 Work on or from scaffolds during storms or high winds unless:
 A Qualified person has determined that it is safe and Employees are protected by a personal fall arrest system, or wind screens.

Note: Wind screens shall not be used unless the scaffold is secured against the anticipated wind forces.
 Wood platforms shall not be painted with opaque finishes, but can be coated with certain clear finishes.
 Tower and Rolling Scaffolds:
 The specifications for tower and rolling scaffolds are as follows:
 The “height-to-base” must not exceed 3:1 unless the scaffold is secured.  A screw jack must extend one third (1/3) of its length into the leg tube, and the exposed thread must not exceed 12 inches.
 Two (2)-wheels, or casters, must swivel; all four (4) must lock.  A fully planked platform is required.
 All frame and center joints shall be locked together by lock pins, bolts, or equivalent fastenings.
 The scaffold must have horizontal diagonal bracing (see Illustration 9).  Railings are required if the platform is six (6) feet or more above grade.  Ladders or other unstable objects shall not be placed on top of rolling scaffolds to gain greater height.
 When scaffolds are built on motor trucks or vehicles, they must be rigidly attached to the truck or vehicle.
 Trucks or vehicles that have scaffolds attached to them shall have a device in use whenever Employees are on the scaffold that prevents swaying or listing of the platforms.
 Employees may ride on rolling scaffold moved by others below if the following conditions exist:
 The floor or surface is within three (3) degrees of level, and free from pits, holes, or obstructions.
 The minimum dimension of the scaffold base, when ready for rolling, is at least on half (1/2) of the height. Outriggers, if used, shall be installed on both sides of staging.
 The wheels are equipped with rubber or similar resilient tires. For towers 50 feet or over, metal wheels may be used.
 The manual force used to move the scaffold shall be applied as close to the base as practicable, but not more than five (5) feet (1.5 meters) above the supporting surface of the scaffold.
 Before a scaffold is moved, each Employee on the scaffold shall be made aware of the move.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 58 of 92  No Employee shall be on any part of the scaffold which extends outward beyond the wheels, casters, or other supports.
 Employees may ride and move on a self-propelled rolling scaffold (Scissor Lift) while on the platform without assistance from others below provided the following conditions are met:
 The scaffold platform shall not be more than four (4) feet above the floor level.  The working platform shall be no less than 20 inches in width with a maximum one (1) inch space between platform planks. Wheels or casters of rolling scaffolds shall be provided with an effective locking device that is used in accordance with T8 CCR: 1646(c) or rolling scaffolds shall be provided with an effective device that is used to prevent movement of the scaffold when workers are climbing or working on the scaffold.
 The use of power systems such as motor vehicles, add-on motors, or battery powered equipment to propel a rolling scaffold is prohibited.  Employees who ride on rolling scaffolds and Employees that assist in moving Employees riding on a rolling scaffold shall be trained on the hazards associated with riding on a rolling scaffold.

5.47 Toilets, Washing Facilities, or Sanitation
Regulations concerning toilets, hand washing, and sanitation include the following:
 Toilet facilities are required at the jobsite.
 A toilet is required for each 20 Employees or fraction thereof of each sex; urinals may be substituted for half of the units.
 Exception: Sites with fewer than five (5) Employees are not required to provide separate toilets for each sex; however, toilets must be lockable from the inside.  Toilets must be kept clean and supplied with toilet paper.  Toilets are not required for mobile crews if transportation to nearby toilets is available.
 One washing station must be provided for each 20 Employees or fraction thereof. A trash receptacle shall be available next to the wash station  Washing stations must be clean and have an adequate supply of soap, water, and single use towels (or warm air blower).
 Washing station must have a sign indicating water is for washing.  Wash stations are to be located outside and not attached to the toilet facility. Exception:

Where there are less than five (5) Employees and only one toilet facility is required, the wash station may be located inside the toilet facility.  An adequate supply of potable (drinkable) water must be provided at each jobsite. The Employer shall take one or more of the following steps to ensure every Employee has access to drinking water:
 Provide drinking fountains
 Supply single-service cups
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 59 of 92  Supply sealed one-time use water containers
 Ensure re-usable, closable containers are available for individual Employee use  A trash receptacle shall be available next to the drinking water stations

5.48 Tools and Equipment
General Requirements for Tools and Equipment Include:
 Tools must be kept clean and in good repair.
 Only trained or experienced Employees may operate tools, machines, or equipment.  Power-operated tools must be grounded or of the double-insulated type. If double-insulated types or tools are used, the equipment shall be distinctively marked.  Power-operated tools should be kept out of wet locations.  Guards required by the SOs must not be removed or deactivated.

Control switches for powered hand tools are subject to the regulations noted below:
 The following tools must be equipped with a constant-contact (dead-man) on-off switch:
 Drills
 Tappers
 Fastener drivers
 Grinders
 Disc and belt sanders
 Reciprocating saws
 Circular saws
 Chain saws
 Concrete vibrators
 Concrete breakers
 Concrete trowels
 Powered tampers
 Jack hammers
 Rock drills
 Tools similar to those above
 Hoisting or lowering electric tools by their cords is prohibited.  Powder-actuated tools (PAT), Contractors who will be using PAT on site must develop a written procedure that meets or exceeds the plant’s procedure # EHSP-203 Powder Actuated Tools. PAT shall be approved for their intended use, have California approval numbers.
 Only trained workers holding a valid operator’s card may use a POWDERACTUATED TOOL (PAT).  Containers must be lockable and bear a label that says POWDER-ACTUATED TOOL on the outside. The storage container must be kept under lock and key.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 60 of 92  Warning signs that say POWDER-ACTUATED TOOLS IN USE must be conspicuously displayed within 50 feet of a PAT operation.  Misfires and skipped power charges must be stored and disposed of properly.  Circular power saws are regulated as follows:
 Portable Circular power saws:
 Teeth on the upper half of the saw blade must be permanently guarded.  Teeth on the lower half of the saw blade must be guarded with a telescopic or hinged guard.
 Saw guards must not be blocked open to prevent guards from functioning.  Miter (chop) saws are regulated as follows:
 With the carriage in the full cut position, a guard must enclose the upper half of the blade and at least 50 percent of the arbor end.
 With the carriage in the full retract (raised) position, lower blade teeth must be fully guarded, and the guard must extend at least three quarter (¾)-inches beyond the teeth.
 Employers shall instruct Employees to keep hands and fingers outside the area below the blade until the blade has come to a complete stop.  Radial arm (horizontal pull) saws are regulated as follows:
 The upper half of the saw blade and arbor ends must be completely covered.  An anti-kickback device must be used during ripping operations.  Saws must return automatically to the tables back when released.  Saws must have a stop provided to prevent the saw blade from passing the front edge of the table.
 Table saws are regulated as follows:
 A hood must cover the saw to at least the depth of the teeth.  The hood shall automatically adjust itself to the thickness of the material being cut at the point where the stock encounters the saw blade. The hood may be a fixed or manually adjusted hood or guard provided the space between the bottom of the guard and the material being cut does not exceed one quarter (¼)-inch. Table saws must be equipped with an anti-kickback device during ripping operations.  Push sticks or push blocks shall be provided at the work place in the several sizes and types suitable for the work to be done.

Note: The arbor speed of circular saw blades shall not exceed speeds recommended by the manufacturer.
 Chain saws are regulated as follows:
 Chain saws must be equipped with a constant-pressure control that returns the saw to idling speed when released.
 Chain saws must have a clutch adjusted to prevent the chain drive from engaging at idling speed.
 Pneumatic tools are regulated as follows:

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 61 of 92  Safety clips are required on pneumatic tools to prevent dies from being accidentally expelled from the barrel.
 Pneumatic nailers and staplers must have a safety device that prevents the tool from operating when the muzzle is not in contact with the work surface.  Exception: Light-Duty nailers and staplers.
 Pneumatic nailers and staplers must be disconnected from the air supply at the tool when performing any maintenance or repair on the tool, or clearing a jam.  The air hose of pneumatic nailers and staplers must be secured at roof level to provide ample but not excessive amounts of hose when an operator works on roofs sloped steeper than 7:12. All pneumatic hoses exceeding one half (½)-inch inside diameter shall have a safety overflow device at the source of supply or branch line to reduce pressure in case of hose failure.
 All hoses must be inspected prior to use, whip checks and safety pins shall be used at all connections.
 Jack hammer operators must wear personal protective equipment when required, including foot protection, face shield. Jack hammer operators must also use hearing protection when noise levels exceed allowable exposure levels.  All portable pipe threading/cutting machines, portable power driven augers (earth drills), and portable power drives shall be permanently equipped with a momentary contact device.

5.49 Traffic Control
Worksite traffic controls and placement of warning signs must conform to the requirements of the “California Manual on Uniform Traffic Control Devices (MUTCD)for Streets and Highways, September 26, 2006”, published by the State Department of Transportation.

All work on live roads require a traffic control plan submitted for review and approval before road work begins.

Additional means of traffic control, such as continuous patrol, detours, barricades, or other techniques for the safety of Employees may be employed.  Specifications for the size and design of signs, lights, and devices used for traffic control shall be as described in the "Manual", pursuant to the provisions of California Vehicle Code Section 21400, which is incorporated by this reference.  Employees (on foot), such as grade-checkers, surveyors and others exposed to the hazard of vehicular traffic, shall wear high visibility safety apparel in accordance with the requirements of T8 CCR 1598 and 1599. 1590.

Note: The warning garments such as vests, jackets, or shirts shall be manufactured in accordance with the requirements of the ANSI/ ISEA 107-2004, High Visibility Safety Apparel and Headwear. T8 CCR 1598(c)
 Flaggers (see Flaggers section in this guide) are required when the controls cited above are inadequate.
 Note: The use of one flagger under specified circumstances is also permitted.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 62 of 92  The Employer shall select the proper type (class) of high visibility safety apparel for a given occupational activity by consulting the Manual, apparel manufacturer, ANSI/ISEA 107-2004, Appendix B or the American Traffic Safety Services Association (ATSSA).

5.50 Welding, Cutting and Other Hot Work
Each year numerous deaths from explosions, electrocutions, asphyxiation, falls, and crushing injuries are associated with hot work activities. These deaths from hot work often occur in confined or restricted spaces. In addition, numerous health hazards including heavy metal poisoning, lung cancer, metal fume fever, flash burns, and welders flash (burn to the eyes) are associated with exposure to fumes, gases, and ionizing and non-ionizing radiation formed or released during welding, cutting, brazing, and other hot work.  Before workers begin any hot work, the following controls must be established:
 No welding is permitted in an explosive environment.
 A written “hot work” permit is required signed by the shift supervisor  All combustible materials in the work area must be removed or shielded.  Suitable fire extinguishers, that meet NFPA and ANSI standards, must be provided in the work area.
 Welding blankets, curtains and pads shall be approved for their intended use.  Employers must instruct Employees on hot work safety.  Welders must be required to wear:
 Non-flammable gloves with gauntlets.
 Appropriate foot protection.
 Aprons (leather) and shirts that have sleeves and collars.  Helmets, hoods, and face shields suitable for head protection.  Suitable eye protection.
 Respiratory protection (as required).
 Screens must be provided to protect the eyes of non-welders from flash burns and ultraviolet light rays.
 Gas welding is regulated as follows:
 Fuel gas and oxygen hoses must be distinguished from each other.  Couplings must not disconnect by means of a straight-pull motion. Oil or grease must never come into contact with oxygen equipment.
 Oxygen from a system without a pressure regulation device must never be used.  Gas cylinders must be stored and used as follows:
 Cylinders must be protected from all heat sources.
 Cylinders containing oxygen, acetylene or fuel-gases shall not be taken into confined spaces.
 Acetylene and Fuel gas cylinders, including but not limited to welding and cutting fuel gas cylinders, shall be stored and used with the valve end up.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 63 of 92  Exception: Fuel gas cylinders containing fuel gas used to power industrial trucks regulated by Article 25 of the GISO.
 All gas cylinders in service shall be securely held in substantial fixed or portable racks, or placed so they will not fall or be knocked over.  Cylinders must be handled in suitable cradles, with their valve caps installed; they must never be lifted by magnet, rope, or chain.
 Cylinders must not be placed where they might form a part of any electric circuit.  Oxygen cylinders in storage shall be separated from fuel-gas cylinders or combustible materials (especially oil or grease), a minimum distance of 20 feet or by a noncombustible barrier at least five (5) feet high having a fire-resistance rating of at least one half (½)-hour.
 Valve stem wrenches must be left in place while cylinders are in use.  A fire extinguisher rated at least 10 BC must be kept near the operation.  Backflow and Flash Arrestor protection is required.
 Arc welding is regulated as follows:
 Cables in poor condition must not be used; no cable may be spliced within ten (10) feet of the electrode holder.
 The frames of arc welding and cutting machines must be grounded.  Electrodes and holders that are not in use shall be protected so they cannot make electrical contact with Employees or conducting objects.  Defective equipment must not be used.
 Ventilation regulations for welding, cutting, and brazing operations require that worker’s exposure(s) to hazardous fumes, gases, and vapors be reduced below PELs.
 Outdoor operations:
 Respirators are required for any operation involving beryllium, cadmium, chromium, lead, or mercury. For other operations and materials, respirators may not be required when natural or mechanical ventilation is sufficient to prevent exposure to airborne contaminants in excess of the PELs.
 Indoor operations:
 Respirators shall be used when local exhaust or mechanical ventilation is not feasible or able to prevent exposures that exceed specified limits.  In enclosed spaces supplied-air respirators shall be used when local exhaust ventilation is not an effective means for preventing potentially hazardous exposures.

6.0 ACRONYMS
The following titles and acronyms may not reflect the actual titles and acronyms in use by all entities on this Project and do not have any force or effect beyond their use in the OCIP Health and Safety Manual. Due to such differences in nomenclature among the owner and Contractors, the following are used throughout the OCIP Safety Manual to establish the functional framework for the OCIP Safety Program.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 64 of 92 ABC Associated Building Contractors MUTCD Manual on Uniform Traffic Control Devices
AGC Associated General Contractors of
America
NEC National Electrical Code
ANSI American National Standards Institute NFPA National Fire Protection Association ARM Associate in Risk Management NSC National Safety Counsel ASP Associate Safety Professional OCIP Owner Controlled Insurance Program ASSE American Society of Safety Engineers OSHA Federal Occupational Safety and Health Administration
DHS Department of Homeland Security PPE Personal Protective Equipment CBP Customs and Border Protection PSP Pro-Active Safety Process CDL Commercial Driver’s License RIMS Risk and Insurance Management Society
CPR Cardio Pulmonary Resuscitation RPM Revolutions per Minute EPA Environmental Protection Agency SMS Safety Management Systems GVW Gross Vehicle Weight SSSP Site-Specific Safety Program HEPA High Efficiency Particulate Air TSA Transportation Security Administration JSA Job Safety Analysis T8 Title 8 of the California Code of Regulations
LEL Lower Explosive Limit UL Underwriters’ Laboratories MSDS Material Safety Data Sheet USDOT United States Department of Transportation
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 65 of 92 OCIP Health and Safety Manual

APPENDIX A - PROJECT SAFETY SUMMARY REPORT
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Reporting Month:

Report Date:

Superintendent:

INCIDENTS PROJECT WORKDAYS

WITHOUT A LWDC
CONTRACTORS & SUBCONTRACTORS Hours First Aid
Cases
OSHA
Recordables
Theft/
Vandalism
Lost
Work Day
Cases
(LWDC)
Property
Damage or
Near Hit
Events
This Month Total to Date

0.00 0.00 Running Hours

0.00 0.00

0.00 Total 0.00
Description of Incidents:

Up Coming Events:

Work Performed:

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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 69 of 92 OCIP Health and Safety Manual

APPENDIX B - PROJECT SAFETY OBSERVATION FORM
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PROJECT SAFETY OBSERVATION FORM
Project:

Weather Condition:

Hazard Classification / Rating
Class 1 Hazard: A condition or practice with substantial probability of serious injury, death, loss of body parts, permanent disability, extensive loss of structure, equipment or material
Class 2 Hazard: A condirtion or practice likely to cause serious injury or illness resulting in temporary disability or property damage that is disruptive but not extensive
Class 3 Hazard: A condition specifically determined not be of a serious nature, but has a realtionship to sefety. A condition l ikely to cause minor injury or non disruptive
Date:

InspectedBy:

Contractor / Subcontractor:

Olson Co. Observation C/NC Hazard
Rating
Observation C/NC Hazard
Rating
Observation C/NC Hazard
Rating Positive Notes Comments
Comp. gases/Flammables/Combustibles
Competent Person
Confined Space
Cranes/Rigging/Inspections
Dangerous Act, Area-Procedure
Electrical Safety - Low Voltage <600vlts
Electrical Safety - High Voltage >600vlts
Enviromental - SWPP's
Excavations (Protective Systems)
Fall Protection
Fire Protection
First Aid/CPR
Forklifts/Elevating Platforms/Areial Devices
Guardrails
HazCom
Heavy Construction Equipment
Heat Illness Prevention
Hot Work
Housekeeping
Ladders
PPE
Posting Requirments
Respiratory Protection/Use/Storage
Scaffolding
Struck By/Caught-InBetween/Ergo
Tools and Equipment
Traffic Control - Vehicualr/Pedestrian
Training
Notes: The recent survey made of your premises and/or operations, was not intended to detect all potential causes of loss, code violations, or exceptions to good practice and does not relieve you of any of your responsibilities to identify and correct unsafe practices or conditions on the premises and in its operations. We do not assume any liability because of conducting or providing such service.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 72 of 92

CORRECTIVE ACTION FORM
Project: Corrected (C): Contractor
corrected Hazard during
surve y
Non-Corrected (NC):

Contractor required to
submit Correcti ve Acti on
Form
Hazard Classification / Rating
Class 1 Hazard: A condition or practice with substantial probability of serious injury, death, loss of body parts, permanent disability, extensive loss ofstructure, equipment or material Class 2 Hazard: A condirtion or practice likely to cause serious injury or illness resulting in temporary disability or property damage that is disruptive but not extensive Class 3 Hazard: A condition specifically determined not be of a serious nature, but has a realtionship to sefety. A condition l ikely to cause minor injury or nondisruptive Survey Date:

Surveyor:

Contractor / Subcontractor:

Instructions
(1) Enter Company Name, (2) Enter Item Number from Loss Control Survey, (3) Enter Date Corrected, (4) Supervisor's Sign-off, (5) Enter Your Phone Number, (6) Briefly State Corrective Action Taken, (&) Return Completed Form via Mail or Fax (1) Company Name (2) Item # (3) Date Corrected (4) Supervisor Sign-Off (5) Phone# (6) State Corrective Action Taken Notes: The recent survey made of your premises and/or operations, was not intended to detect all potential causes of loss, code violations, or exceptions to good practice and does not relieve you of any of your responsibilities to identify and correct unsafe practices or conditions on the premises and in its operations. We do not assume any liability because of conducting or providing such service.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 73 of 92 OCIP Health and Safety Manual

APPENDIX C - EXCAVATION PLAN
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EXCAVATION PLAN
Permit No.

Supervisor(s):

Date/Time
Issued:

Subcontractor:

Date/Time
Expires:

Location of Excavation:

Excavation Dimensions:

Soil Type:

Nature of Work*:
*If the nature of work is subject to change, a new permit must be issued.

Safety Requirements/Precautions Yes No N/A

1. Surface Encumbrances Identified/Secured

2. Underground Utilities Identified/Located
2a. Underground Utilities Identified are:

3. Utilities Protected

4. System Lockout/Tagout (Tag ID No. )

5. Access and Egress

6. Protection From Vehicular Traffic

7. Equipment/Tool Grinding

8. Manual Digging

9. Protection From Water Accumulation

10. Warning System For Mobile Equipment

11. Stability of Adjacent Structures

12. Site Inspections
Safety Requirements/Precautions Cont’d Yes No N/A

13. Confined Space Permit

14. Atmospheric Testing

15. Additional Safety
Requirements/Precautions
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 76 of 92 Atmospheric Testing

1. Oxygen Test NOTE: Safe Range of 20.5% - 22% required Initial Testing Required Periodic Testing Required
Test Time
%
Oxygen

2. Combustible Test NOTE: Safe Range of <10% LEL
Initial Testing Required Periodic Testing Required
Test Time % LEL

3. Toxicity Test Substance Tested For
Time Tested PEL/TLV Exposure Level
Person Taking Sample:

Name:______________
Signature_______________________
* * * EMERGENCY ACTION PLAN / CONTACT INFORMATION * * * Instrument Name/Serial Number:_____________________________________ Instrument Calibration Date:_________________________________________ Time Sampled:____________________________________________________ Tester Signature:__________________________________________________ Bump Test Preformed?______________________________________________ DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 77 of 92 Fire/Medical emergency Control Room 408 635 4000
In the event of any emergency situation requiring rescue from an excavation, personnel shall not attempt to enter an unprotected trench to perform rescue. The contacts above shall be notified of all emergencies.

Protective System(s)

1. Sloping and Benching OPTION 1 2 3 4

2. Support System (Shoring) OPTION 1 2 3 4

3. Shield System OPTION 1 2 3 4
Option 1 - If no attempt is made to determine soil type, excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal). This angle represents the worst soil condition (Type C) and therefore requires the use of configurations that are in accordance with the slopes shown for Type C soil. (1 ½:1) Option 2 - Maximum allowable slopes and allowable configurations for sloping and benching systems shall be determined in accordance with the known soil type and conditions.

Option 3 - Design of sloping or benching systems shall be selected from and be in accordance with tabulated data (geotechnical report). The tabulated data shall be in written form and shall include all of the following:
- Identification of the parameters that affect the selection of a sloping or benching system drawn from such data.
- Identification of the limits of use of the data, to include the magnitude and configuration of slopes determined to be safe.
- Explanatory information as may be necessary to aid the user in making a correct selection of a protective system from the data.
- A copy of the tabulated data, which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction and use of the protective system.

Option 4 - Sloping and benching systems not utilizing Options 1, 2, or 3 above shall be approved by a registered professional engineer. All such designs shall be in written form and include the following:
- The magnitude of the slopes that were determined to be safe for the particular project. - The configurations that were determined to be safe for the particular project. - The identity of the registered professional engineer approving the design.

A copy of the design shall be maintained at the jobsite during construction and use of the system.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 78 of 92 Date/Time Work Start: Date/Time Completed:

Verification:

Date/Time:

Subcontractor Superintendent
Date/Time:

Superintendent
Date/Time:

Equipment Operator
Date/Time:

Plant Representative
Date/Time:

CSR/SSR
THIS PLAN MUST BE RETURNED TO THE SAFETY OFFICE UPON COMPLETION OF THIS JOB. PERMITS WILL

BE RETAINED IN ACCORDANCE WITH SITE HEALTH AND SAFETY PLAN DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 11/28/2017 RWF CIP - OCIP Health and Safety Manual 79 of 92 OCIP Health and Safety Manual
APPENDIX D – SAMPLE FORMS
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FIRST REPORT OF INCIDENT
11/28/2017 RWF CIP - OCIP Health and Safety Manual 81 of 92 PROJECT NAME:

Name (Person Reporting):

Job Title:

Date of Incident:

Time of Incident:

COMPANY NAME:

ADDRESS:

TYPE OF INCIDENT:
☐ First Aid ☐ Illness ☐ Injury
☐ Equipment/Property
Damage
☐ Near-Miss ☐ Other (Describe):

Name of Injured Employee(s) or
Employee(s) Involved:

Phone # of Injured Employee(s) or
Employee(s) Involved:

Nature and Extent of Injury or
Damage:

Was injured person unconscious?
☐ YES ☐ NO
Crisis Management Plan Activated?
☐ YES ☐ NO
Referred to a Physician?
☐ YES ☐ NO
Hospitalized?
☐ YES ☐ NO

1. Notify your District Safety Manager via telephone.

2. Follow up with an email of this form to your District Safety Manager and District Manager.

3. Submit Incident Report Form and the Safety Incident Alert within 48 hours and 5 days, respectively.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

FIRST REPORT OF INCIDENT
11/28/2017 RWF CIP - OCIP Health and Safety Manual 82 of 92 Location injured employee(s)
taken for medical treatment:

Brief description of incident:

Direct Supervisor name:

Direct Supervisor phone #:

DISTRICT SAFETY MANAGER DISTRICT MANAGER
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

INCIDENT REPORT
11/28/2017 RWF CIP - OCIP Health and Safety Manual 83 of 92

PROJECT INFORMATION
Project Name / #: Date of Report:

Date of Incident: Time of
Incident: ☐ AM ☐ PM
Name (Person
Reporting): Reported To:

Date Reported: Time:
☐ AM ☐ PM
TYPE OF INCIDENT (check all that apply)
☐ Injury ☐ Illness ☐ Property Damage
☐ Equipment Damage ☐ Near-Miss ☐ Vehicle Incident
☐ Other (e.g. – Vandalism, Theft, Fire, Collapse, Spill/Leak) _________________________

PERSON(S) INVOLVED IN INCIDENT
(if more than one person, list additional names on page 7) Employee Name: Date of Birth:

Employee ID:

Your company
name
Employee:
☐ YES ☐ NO
(If NO, note company
information below)
Employee
Address: Company Name:

Employee Phone: Company
Phone:

Date of Hire: Job Title:

Supervisor Name: Supervisor
Phone:

Type of Injury/Illness
(See code on back of form)
Work Injury Classification
(See code on back of form)
Parts of Body Injured
(See code on back of form)
Is Injury/Illness believed to
be job-related? ☐ YES ☐ NO ☐ UNKNOWN

1. Complete all applicable sections.

2. For injuries to Company employees, form to be completed by injured person’s Supervisor.

3. Send completed form to Regional Director of Safety within 48 hours of the incident.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

INCIDENT REPORT
11/28/2017 RWF CIP - OCIP Health and Safety Manual 84 of 92 RECORDING INFORMATION (check all that apply)
☐ Injury ☐ Illness ☐ Property Damage
☐ Equipment Damage ☐ Vehicle Incident ☐ First Aid (see below) ☐ Other (e.g. – Vandalism, Theft, Fire, Collapse, Spill/Leak)__________________________ ☐ 1
st Aid Only (Provided by):
☐ 1
st Aid Refused (signature):
☐ OSHA Recordable (Medical) ☐ Non-Recordable ☐ Fatality ☐ Restricted Work ☐ Lost Work Days (# of work days):_________________ Return to Work – RTW Date:__________________

INCIDENT INFORMATION
Brief Description of
Incident:

Description of
Equipment/Property
Damage:

Location of Damaged
Property/Equipment:

Estimated Value of
Damages:

Owner of
Property/Material:

Witness Name: Witness Name:

CAUSAL FACTORS (check all that apply)
Weather Conditions: ☐ Water ☐ Wind ☐ Sun ☐ Other _______________ Details:

Site Conditions: ☐ Mud ☐ Dust ☐ Lightning ☐ Unprotected Hazard Details:

Housekeeping: ☐ Debris ☐ Cords/Hoses ☐ Building Materials ☐ Other __________ Details:

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

INCIDENT REPORT
11/28/2017 RWF CIP - OCIP Health and Safety Manual 85 of 92 Rules/Regulations: ☐ Violation ☐ Not Trained ☐ Disregarded ☐ Other ___________ Details:

Personal Conditions: ☐ Physical ☐ Mental ☐ Prescriptive Meds ☐ Non-Prescriptive Meds Details:

Equipment: ☐ Wrong Type ☐ Defective ☐ Missing Guard ☐ Improper Use Details:

Procedures: ☐ Unsafe ☐ Not Trained ☐ Improperly Used ☐ Other ______________ Details:

PPE: ☐ Not Wearing ☐ Defective ☐ Worn Improperly ☐ Other _______________ Details:

Behavior: ☐ Horseplay ☐ Body Position ☐ Inattention ☐ Inexperience Details:

Communication: ☐ Inadequate ☐ Unforeseen Situation ☐ Unqualified Personnel Details:

Chemicals: ☐ Not Trained ☐ Allergic Reaction ☐ Improper Handling Details:

CORRECTIVE ACTIONS
What actions have been taken, or are planned to be taken to prevent recurrence of this or similar incidents? (Explain in the space below)
Date Corrective Action Taken:

Report Prepared by:
(print name below) __________________________________
Signature
__________________________________
Date
Project Manager Name:
(print name below)
__________________________________
Signature
__________________________________
Date
Superintendent Name:
(print name below) __________________________________
Signature
__________________________________
Date
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

INCIDENT REPORT
11/28/2017 RWF CIP - OCIP Health and Safety Manual 86 of 92

WITNESS STATEMENT
Date of Incident: Time of Incident: ☐ AM ☐ PM
Names of
Individuals
Involved:

1. 2.

3. 4.

5. 1. Describe EXACTLY what you OBSERVED.

2. If you only heard something, observed only the aftermath of the incident, or only know what was told to you by someone else, please explain with as much detail that you know to be true.

3. Describe where you were when the incident occurred.

Do you KNOW if any of the following factors were involved in the incident? If so, please explain your answer in your statement. Use the back of this form for extra sheets, if necessary. (Check all that apply)
Weather Conditions: ☐ Water ☐ Wind ☐ Sun ☐ Other _______________ Site Conditions: ☐ Mud ☐ Dust ☐ Lightning ☐ Unprotected Hazard Housekeeping: ☐ Debris ☐ Cords/Hoses ☐ Building Materials ☐ Other __________ Rules/Regulations: ☐ Violation ☐ Not Trained ☐ Disregarded ☐ Other ___________ Personal Conditions: ☐ Physical ☐ Mental ☐ Prescriptive Meds ☐ Non-Prescriptive Meds Equipment: ☐ Wrong Type ☐ Defective ☐ Missing Guard ☐ Improper Use Procedures: ☐ Unsafe ☐ Not Trained ☐ Improperly Used ☐ Other ______________ PPE: ☐ Not Wearing ☐ Defective ☐ Worn Improperly ☐ Other _______________ Behavior: ☐ Horseplay ☐ Body Position ☐ Inattention ☐ Inexperience Communication: ☐ Inadequate ☐ Unforeseen Situation ☐ Unqualified Personnel Chemicals: ☐ Not Trained ☐ Allergic Reaction ☐ Improper Handling Witness Name:

Witness Signature:

Witness Phone:

Date of Statement:

1. Complete form as necessary for incident.

2. Each witness completes a separate form.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

INCIDENT REPORT
11/28/2017 RWF CIP - OCIP Health and Safety Manual 87 of 92

WORK INJURY CLASSIFICATIONS

STRUCK BY OBJECT
01 Hand tool or machine in use
02 Falling or flying object
03 Tipping, sliding, or rolling object
04 Object handled by other person
05 Other (describe on form)
STRAIN
11 In lifting
12 In using tool or machine
13 In pushing or pulling
14 In holding or carrying
15 In reaching and bending

FALL OR SLIP
21 On same level
22 To or from different levels (stairs, dock, scaffold, ladder, etc.)
23 Slip, loss of balance (no contact)

STRIKING AGAINST OBJECT
31 Object being handled
32 Contact with sharp object
33 Stationary object
34 Moving parts of machine

CAUGHT IN, ON OR BETWEEN
41 Machine or machine parts
42 Other mechanical apparatus
43 Objects being handled and other objects
44 Other (describe on form)

CONTACT WITH TEMPERATURE EXTREMES
51 Steam or hot fluids
52 Welding flash
53 Hot or molten metal
54 Frostbite, heat exhaustion, heat stroke, hypothermia, etc.

INHALATION, ABSORPTION, SWALLOWING
61 Absorption or other skin contact with substance
62 Breathing gases, vapors, fumes, or dust
63 Swallowing substances
64 Poisonous plants

MISCELLANEOUS
91 Accident involving moving motor vehicle (lift truck, backhoe, etc.)
92 Foreign body in eye
93 Insect bite
94 Animal bite
95 Contact with electrical current
96 Assault
97 Other (describe on form)

PART OF BODY
01 Head
02 Face
03 Teeth
04 Left ear
05 Right ear
06 Left eye
07 Right eye
08 Neck
09 Left shoulder
10 Right shoulder
11 Left arm
12 Right arm
13 Left elbow
14 Right elbow
15 Left wrist
16 Right wrist
17 Left hand
18 Right hand
19 Fingers-left hand
20 Fingers-right hand
21 Left hip
22 Right hip
23 Buttocks
24 Left leg
25 Right leg
26 Left knee
27 Right knee
28 Left ankle
29 Right ankle
30 Left foot
31 Right foot
32 Toes-left foot
33 Toes-right foot
34 Chest
35 Abdomen
36 Groin
37 Upper back
38 Middle back
39 Lower back
40Pelvis

TYPE OF INJURY/ILLNESS
01 Cut
02 Bump/bruise
03 Puncture wound
04 Scratch/scrape
05 Strain/sprain
06 Muscular/skeletal disorder (carpal tunnel, tendentious, etc.) 07 Hernia
08 Fracture
09 Dislocation
10 Amputation
11 Burn-thermal
12 Burn-chemical
13 Electrical shock
14 Foreign body
15 Rash/dermatitis
16 Dust disease of the lung
17 Respiratory conditions due to toxic agent
18 Poisoning (lead, carbon monoxide, etc.)
19 Disorder due to physical agents (heat stroke, noise, etc.) 20 Skin disorder or disease
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

ROOT CAUSE ANALYSIS/INJURY ACCIDENT INVESTIGATION
11/28/2017 RWF CIP - OCIP Health and Safety Manual 88 of 92 Employee Name Home Telephone Date
Address/City/State/Zip
Title/Trade Employee #
DOB Male Female Marital Status
Employee Date of Hire Root Cause Investigation Date
Property Damage First Aid Doctors Case Project # Sub Project # Date of Incident Time Occurred AM PM
Time Shift Started AM PM Shift: 8 HR 10 HR 12 HR
Was Regular Work Being Performed? Yes No
Weather conditions/temperature at time of incident:

Is a substance screening required? Yes NO
Date and Time of Post Injury Substance Test:

Name all persons involved in incident:

What task was employee doing when this incident, injury, accident occurred? Plan

1. Was this activity identified in a pre-task plan? Yes No N/A

2. Were the specific safety requirements identified in a pre-task plan? Yes No N/A

3. Were the safety requirements followed? Yes No N/A

4. Should the pre-task plan be modified to address the hazard/safe practice? Yes No N/A

5. Was the pre-task plan reviewed and signed off by the crew? Yes No N/A DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

ROOT CAUSE ANALYSIS/INJURY ACCIDENT INVESTIGATION
11/28/2017 RWF CIP - OCIP Health and Safety Manual 89 of 92 Communicate:

1. Did this employee complete the site-specific new hire orientation?Yes No N/A

2. Did the employee attend the Safety Orientation? Yes No N/A

3. How long has this employee been on the project? Years __ months days

4. How long has employee been in this trade?__Years months days

5. Was this employee considered At-Risk because he/she is (check all that apply):
a. New to the company c. New to the trade
b.New to the project d. New to the task

6. Was the employee identified as an At-Risk employee?Yes No N/A

7. Was this employee teamed with a worker that is not an At-Risk employee?Yes No N/A

8. How long has this employee been doing this task?

9. Were the hazards and safe work expectations of this task identified in a Pre-task plan or safety meeting / tool box talk before the task began? Yes No
N/A

10. Was this the first task of the day? Yes No N/A
a. If not, was a Pre-task meeting held to discuss the task? Yes No N/A

11. Did this employee knowingly violate a communicated safe work requirement? Yes No N/A a. If yes, state the requirement:

12. Has this type of injury/accident occurred previously on this project? Yes No N/A

13. Has a stand-down been conducted to review the cause of the injury/accident with project crews? Yes No N/A
Observe:

1. Was this activity identified in an on-site behavior observation? Yes No N/A

2. Were observations recorded for this activity? Yes No N/A

3. Did an At-Risk behavior contribute to or cause this injury/accident? Circle all that apply Contribute Cause
Line of Fire Yes No N/A Yes No N/A
Eyes on Path Yes No N/A Yes No N/A
Overextended Yes No N/A Yes No N/A
Pinch Points Yes No N/A Yes No N/A
3 Point Contact Yes No N/A Yes No N/A
Pre-task planning Yes No N/A Yes No N/A
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

ROOT CAUSE ANALYSIS/INJURY ACCIDENT INVESTIGATION
11/28/2017 RWF CIP - OCIP Health and Safety Manual 90 of 92

4. Did an unsafe condition contribute to or cause this injury/accident? Contribute Cause
Yes No N/A Yes No N/A

5. Name the unsafe condition that either contributed or caused this injury/accident.

Contributed:

Caused:

6. If applicable, was the employee trained/certified to use the equipment that was being operated? Yes No N/A

7. Was the correct equipment, tool, or rigging, used to perform this task? Yes No N/A

8. Was the correct piece of employee-operated machinery used for this task? Yes No N/A

9. Was a short cut taken that contributed to this injury/accident? Yes No N/A (If yes, check one or more):
a. To save time d. An unsafe behavior
b. Lack of preplanning e. other (describe)
c. An unsafe practice
General Information/Loop Closure

1. Was employee fit for this duty? Yes No N/A

2. Did employee participate in Stretch/ Don’t Strain program prior to beginning the task? Yes No N/A

3. Was employee wearing the correct PPE for the task? Yes No N/A If not, why?

4. Has the employee had previous incidents/injuries? Yes No N/A If yes, what were they?

5. Did a previous injury contribute to this injury/accident? Yes No N/A If yes, describe previous injury:

6. Did weather conditions contribute to this incident? Yes No N/A If yes, describe:

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

ROOT CAUSE ANALYSIS/INJURY ACCIDENT INVESTIGATION
11/28/2017 RWF CIP - OCIP Health and Safety Manual 91 of 92

7. Did employee recently work overtime before this incident/injury? Yes No N/A If yes, # of hours per day: # of days

8. What is employee’s daily travel time to and from project? Root Cause Investigation Summary
From this investigation, identify the reasons that contributed to this injury/accident. (5 WHY’s)

1. 2.

3. 4.

5. What is the Root Cause of this injury/accident?
Name the Lessons Learned:

What will be done differently to prevent accident/injury from reoccurring? Please submit reenactment photographs with report
Participants in Root Cause investigation: (Please print) Name: Title: Project Manager
Name: Title: Superintendent
Name: Title: Foreman
Name: Title: General Foreman
Name: Title: Safety
Name: Title: Subcontractor Safety Representative
Attach applicable pre-task plan to this investigation. If the pre-task plan needs modification to identify the work, make revision and complete training before allowing employee(s) to continue task. If the pre-task plan was not DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

ROOT CAUSE ANALYSIS/INJURY ACCIDENT INVESTIGATION
11/28/2017 RWF CIP - OCIP Health and Safety Manual 92 of 92 developed for this work and one was required, stop task, develop a pre-task plan, and train participants before task begins again.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 3643403.6 042907 CTR
APPENDIX 13

KEY PERSONNEL AND APPROVED SUBCONTRACTORS
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APPENDIX 13

KEY PERSONNEL AND APPROVED SUBCONTRACTORS

13.1 PURPOSE
The purpose of this Appendix is to identify (1) the key management and supervisory personnel proposed to be used by the Design-Builder in performing the Contract Services and (2) those Subcontractors that the City has approved for use by the Design-Builder in performing the Contract Services.

13.2 KEY PERSONNEL
As referenced in Section 7.1 (Management) of this Amended and Restated Design-Build Contract, certain key management and supervisory personnel were proposed by the DesignBuilder and shall be used by the Design-Builder in connection with the performance of the Contract Services (the “Key Personnel”). In addition, certain additional Key Personnel have been added to reflect responsibilities during construction and during the Transition Period.

The Key Personnel and their primary responsibilities are identified in Attachment 13A (Key Personnel) to this Appendix. Any change in the Key Personnel shall be subject to review and approval of the City in accordance with Section 7.1 (Management) of this Amended and Restated Design-Build Contract.

13.3 SUBCONTRACTORS

13.3.1 Required Subcontractors.

As provided in subsection 7.4(J) (Systems Integration Subcontractor) of this Amended and Restated Design-Build Contract, the City requires the Design-Builder to enter into a Subcontract for the performance of systems integration aspects of the Design-Build Work with one of the following Required Subcontractors:

Subcontractor Role

1. ABB Inc. Systems Integration

2. Technical Systems Incorporated Systems Integration

13.3.2 Approved Subcontractors.

As of the Amended and Restated Design-Build Contract Date, the Approved Subcontractors that have been agreed to by the City are set forth in the Subcontracting Plan set forth as Attachment 13B (Subcontracting Plan) to this Appendix. Where more than one Approved Subcontractor is listed for a given work package, the Design-Builder shall use one of the listed Approved Subcontractors. Following the Amended and Restated Design-Build Contract Date, DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

City of San Jose Appendix 13
Dewatering Facility at the San Jose- Key Personnel and
Santa Clara Regional Wastewater Facility Approved Subcontractors A13-2
3643403.6 042907 CTR
additional Subcontractors may be proposed by the Design-Builder and are subject to approval by the City in accordance with Section 7.4 (Self-Performance and Subcontractor Selection) of this Amended and Restated Design-Build Contract and the Subcontracting Plan set forth in Attachment 13B (Subcontracting Plan) to this APPENDIX 13. Approved Subcontractors proposed by the Design-Builder and approved by the City after the Amended and Restated Design-Build Contract Date shall be reflected in a Contract Administration Memorandum.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 3643403.6 042907 CTR
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 3643403.6 042907 CTR
ATTACHMENT 13A

KEY PERSONNEL
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 3643403.6 042907 CTR
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

City of San Jose Appendix 13
Dewatering Facility at the San Jose- Attachment 13A
Santa Clara Regional Wastewater Facility Key Personnel
A13A-1
3643403.6 042907 CTR
Attachment 13A
Key Personnel
Position Individual
DB Project Manager
(Design-Build Manager)
Dan Tikalsky, Walsh
Design Manager Mark Wilson, BV
Construction Manager Ryan Singer, Walsh
Testing, Startup and Commissioning
Manager
Jorj Long (BV)
Construction QA Manager Ronne Padilla
Process Mechanical Design Lead Lori Overhaug, PE (BV)
Solids Process Design Lead Scott Carr, PE (BV)
Site Civil Design Lead Jesse Wallin, PE (BV)
Electrical Design Lead Lour Prodanovic, PE (BV)
I&C Design Lead Brian Butler, PE (BV)
Structural Design Lead Thay Gobal, PE (BV)
Construction Permitting Lead Dan Lopez, PE (BV)
Transition Coordinator Jonathan Keaney

SUBCONTRACTING PLAN
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 3643403.6 042907 CTR
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

City of San Jose Appendix 13
Dewatering Facility at the San Jose- Attachment 13B
Santa Clara Regional Wastewater Facility Subcontracting Plan A13B-1
3643403.6 042907 CTR
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

City of San Jose Appendix 13
Dewatering Facility at the San Jose- Attachment 13B
Santa Clara Regional Wastewater Facility Subcontracting Plan A13B-2
3643403.6 042907 CTR
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

City of San Jose Appendix 13
Dewatering Facility at the San Jose- Attachment 13B
Santa Clara Regional Wastewater Facility Subcontracting Plan A13B-3
3643403.6 042907 CTR
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

City of San Jose Appendix 13
Dewatering Facility at the San Jose- Attachment 13B
Santa Clara Regional Wastewater Facility Subcontracting Plan A13B-4
3643403.6 042907 CTR
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

City of San Jose Appendix 13
Dewatering Facility at the San Jose- Attachment 13B
Santa Clara Regional Wastewater Facility Subcontracting Plan A13B-5
3643403.6 042907 CTR
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

City of San Jose Appendix 13
Dewatering Facility at the San Jose- Attachment 13B
Santa Clara Regional Wastewater Facility Subcontracting Plan A13B-6
3643403.6 042907 CTR
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

City of San Jose Appendix 13
Dewatering Facility at the San Jose- Attachment 13B
Santa Clara Regional Wastewater Facility Subcontracting Plan A13B-7
3643403.6 042907 CTR
The following Appendices dated 10/1/2021 are on-file with the City of San Jose:

APPENDIX A TRADE PACKAGES – SCOPES – EXHIBIT B
APPENDIX B DPS – TRADE PACKAGE / SUBCONTRACTING PLAN

APPENDIX C WALSH PRE-QUALIFIED SUBCONTRACTORS

APPENDIX D WALSH DPS BID BOOK
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APPENDIX 14

APPLICABLE CITY SPECIAL PROVISIONS
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City of San Jose
Dewatering Facility at the San Jose- Appendix 14
Santa Clara Regional Wastewater Facility Applicable City Special Provisions A14-1
3643403.6 042907 CTR
APPENDIX 14

APPLICABLE CITY SPECIAL PROVISIONS
[ATTACHED]

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 1 NON-MUNICIPAL
REVISED 7/14/2020
SECTION 01 73 03

SPECIAL PROVISIONS
FOR THE CPMS 7758 – Digested Sludge Dewatering Facility

SPECIFICATIONS AND PLANS
CONTRACTOR has incorporated portions of the City of San Jose Standard Specifications (July 1992) and Standard Details (July 1992) into the drawings and technical specifications for the Project (see Attachment 4B to Appendix 4). In addition, certain individual specification sections included in the City’s Division 01 Specifications have been modified for the Dewatering Project and included as Project requirements in Attachment 4A to Appendix 4, Attachment 5A to Appendix 5, Attachment 6A to Appendix 6, Attachment 7A to Appendix 7, and Attachment 9A to Appendix 9. Except for these Special Provisions, as modified for the Dewatering Project, no Division 00 specifications apply to the Project.

AMENDMENTS TO THE JULY 1992 STANDARD SPECIFICATIONS
Section 1 of the Standard Specifications (page 1-6) shall have the following paragraphs added:
1-1 .278 Partnering. - The development of team-based relationships between the Contractor and City in which: (1) trust and open communications are encouraged and expected from participants, (2) parties address and resolve issues and problems promptly and at the lowest possible level, (3) parties seek to develop solutions that are agreeable and meet the needs of everyone involved, (4) all parties have identified common goals for the partnerships and at the same time are aware of and respect each other's goals and values, and (5) parties seek input from each other in an effort to find better solutions for the problems and issues at hand, thus creating synergy in the relationship that fosters cooperation and improves the productivity of the partnership. The term is not intended to have any legal significance or to be construed as denoting a legal relationship of agency, partnership, or joint venture between the City and Contractor.

Issue Date: September 1, 2016
1-1.37 Special Provisions. – All Procurement and Contracting Requirement Sections and all Technical Specifications Sections are part of the Special Provisions.

Section 2-1.095 of the Standard Specifications (pages 2-4 and 2-5) shall be revised to read as follows:
2-1 .095 Relief of Bidders. - After the time set for the opening of bids, no bidder shall be relieved of a bid, unless the City consents, and there shall be no change made in any bid because of a mistake. However, if such relief is not granted and the bid guarantee declared forfeit, the bidder may bring an action against the City in a court of competent jurisdiction in Santa Clara County for the recovery of the amount forfeited, without interest or costs.

The complaint shall be filed, and summons served on the Director of Public Works of the City of San José, within 90 days after the opening of the bid; otherwise, the action shall be dismissed.

To be relieved of its bid without forfeiture of its bid security, the bidder shall establish to the satisfaction of the City, determined in its sole and absolute discretion, that:
(1) A mistake was made.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
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(2) The Contractor gave the City written notice within five business days after the opening of the bids of the mistake, specifying in detail in the notice how the mistake occurred.
(3) The mistake made the bid materially different than the Contractor intended it to be.
(4) The mistake was made in filling out the bid and not due to an error in judgment or to carelessness by the Contractor in inspecting the site of the work, or in reading the plans or specifications.

Other than the above described notice to the City, no claim is required to be filed by the bidder before bringing a legal action against the City under this Section to recover a forfeited bid guarantee.

A bidder who claims a mistake and is relieved of its bid or who forfeits its bid guarantee shall be prohibited from participating in further bidding on the contract for the public work on which the mistake was claimed or security forfeited.

Section 2-1.10 of the Standard Specifications shall be revised to read as follows:
2-1 .10 Disqualification of Bidders. – The City may disqualify a bidder and reject the bidder’s bid for any one or more of the following causes:

1. The bidder is barred from bidding on City projects under the provisions of Chapter 4.10 of the San José Municipal Code.

2. More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names is received; all such proposals will not be considered.

3. Evidence of collusion among bidders.

4. Lack of competency as revealed by any financial statement, as may be required by the special provisions, or by experience or plant and equipment statements submitted.

5. Lack of responsibility as shown by past work on any Public Works project for the City or any other public entity judged from the standpoint of workmanship and/or progress.

6. Incomplete work on any Public Works project for the City or any other public entity which, in the judgment of the City, might hinder or prevent the bidder from promptly completing additional work if awarded.

7. Being in arrears on any existing Public Works contract for the City or any other public entity, or having defaulted on a previous contract with any public entity.

8. Failure of the bidder to have a valid Contractor's license in the class specified in the Notice to Contractors at the time of bid opening, except as provided for projects where federal funds are involved as specified in Section 7-1.01.

9. Failure of the bidder to provide prices for all items in the proposal, including alternatives, or submitting an incomplete or otherwise non-responsive proposal.

10. The bidder has engaged in any activity constituting grounds for debarment under the provisions of Section 4.10.355 of the San José Municipal Code.

11. Any other ground which the CITY determines would significantly DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 3 NON-MUNICIPAL
REVISED 7/14/2020
impair the ability of the bidder to perform the proposed work. In making this determination, the CITY may consider, without limitation, items such as any previous or current prevailing wage violations by the bidder, the number of stop notices on previous public works projects performed by the bidder, and the existence of past or current agreements with other public entities to not bid on public works projects.

Issue Date: December 4, 2019
2-1.14 Addenda and Interpretations.

Written addenda by way of clarifications, amendments, changes or additions to the Contract Documents including a change to the proposed opening time, date or place may be issued by the City before the opening of proposals. Addenda will be available to all prospective bidders prior to the opening of bids through the City’s online solicitation webpage, Biddingo. Failure of any bidder to receive any addenda shall not relieve the bidder from any obligations imposed by the addenda. All addenda issued shall become part of the contract and the price therefore, set forth in the proposal. The bidder’s failure to sign and submit any or all addenda with the bid may be a cause for rejection of the bid.

Every request for interpretation should be submitted through the City’s online solicitation webpage, Biddingo, or submitted in writing addressed to the Director of Public Works at 200 E. Santa Clara Street, 5th Floor, San Jose, CA 95113, and to be given consideration, must be received at least 7 calendar days prior to the date fixed for the opening of bids.

Any and all interpretations will be in the form of writing which, if issued, will be available to all prospective bidders prior to the opening of bids through the City’s online solicitation webpage, Biddingo. Failure of any bidder to receive any interpretation shall not relieve the bidder from any obligation under their bid as submitted and the bidder shall be required to perform the work as modified by the interpretation. All interpretations issued, shall become part of the contract.

No oral interpretation of the meaning of the plans, specifications or other document will be made. If any such oral interpretation is made, it shall not be considered by the bidder in preparing its proposal.

Issue Date: February 4, 2015
Section 2-1.17, entitled “Registration Requirements,” shall be added to the Standard Specifications to read as follows:
2-1.17 Registration Requirements
The Contractor shall comply with the registration requirements set forth in Sections 1725.5 and 1771.1 of the California Labor Code, which are incorporated into this Contract. The registration requirements include, but are not limited to, the following.

1. Contractor Registration: A Contractor must be registered in accordance with Sections 1725.5 and 1771.1 of the California Labor Code in order to be qualified to submit a bid Proposal. The City will reject a bid Proposal from a Contractor that is not properly registered at the time the Contractor submits the bid Proposal.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 4 NON-MUNICIPAL
REVISED 7/14/2020
a. Proof of Registration: The Contractor must include its registration number on its bid Proposal Form.
b. Late Submission of Registration Number: The Contractor’s bid will not be deemed non-responsive for failure to include the Contractor’s registration number if the Contractor submits the number within 24 hours after the bid opening or if the City is otherwise readily able to verify that the Contractor was properly registered. Notwithstanding the foregoing, the Contractor must still be properly registered at the time it submits its bid Proposal.
c. Maintaining Registration: The Contractor must be properly registered in accordance with this provision for the entire term of the Contract.

2. Subcontractor Registration: Every subcontractor performing any Work, whether or not listed in the Contractor’s bid Proposal, must be registered in accordance with Sections 1725.5 and 1771.1 of the California Labor Code before starting such Work and for the entire time that it performs such Work.
a. Listed Subcontractors: In addition, subcontractors listed in the Contractor’s bid Proposal must be registered in accordance with Sections 1725.5 and 1771.1 of the California Labor Code at the time they are listed.
i. Unregistered Subcontractors: The City will reject a bid Proposal from a Contractor listing a subcontractor that is not registered unless the Contractor submits adequate proof of one of the following:
 The subcontractor is registered before the bid Proposal is opened; or  Within 24 hours of the bid Proposal opening, the subcontractor is registered and has paid the penalty registration fee specified in Section 1725.5 of the California Labor Code; or
 The Contractor replaces the subcontractor with another registered subcontractor pursuant to Section 2-1.15C of the Standard Specifications, entitled “Claims of Inadvertent Clerical Error in Listing of Subcontractor.” ii. Proof of Registration: The Contractor must include on the subcontractor listing form in the bid Proposal the registration number of each listed subcontractor.

Notwithstanding the foregoing, the Contractor’s bid will not be deemed nonresponsive for failure to include the registration number of a subcontractor if the Contractor submits the number within 24 hours after the bid opening or if the City is otherwise readily able to verify that the subcontractor is properly registered. iii. Subcontractor Substitution: A subcontractor’s failure to be properly registered is an additional ground for substitution in accordance with Section 2-1.15B of the Standard Specifications, entitled “Substitution of Subcontractors.” The substitution must be with a properly registered subcontractor.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 5 NON-MUNICIPAL
REVISED 7/14/2020
b. Contractor’s Responsibility: The Contractor is responsible for ensuring compliance with all of the subcontractor registration requirements set forth herein.

3. Noncompliance: Once the Contract is executed, it is a material breach of the Contract for the Contractor to be in violation of any of the registration requirements set forth in this provision.

Issue Date: April 4, 2006
Section 3-1.01 Award of Contract of the Standard Specifications (page 3-1) shall be revised as follows:
3-1.01 Award of Contract - The City will compare all proposals on the basis of the CITY’s Estimate of the quantities of work to be done.

The City, in its sole discretion, reserves the right to reject any or all proposals. If the City awards the contract, the award will be to the lowest responsive and responsible bidder whose proposal complies with all the requirements prescribed. If two (2) or more bids are the same and the lowest, the City may accept either bid it chooses in its sole discretion.

Depending upon the circumstances, the rejection of any or all proposals, or the award of a proposal, may be done by either the City Council or the Director of Public Works. 3-1.01A Timing of Award - If the City awards the contract, it will award the contract no earlier than five (5) working days after the opening of the proposals and no later than one hundred twenty (120) calendar days after the opening of the proposals.

If the lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsive and responsible bidder. Such award, if made, will be made within one hundred thirty five (135) calendar days after the opening of the proposals. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsive and responsible bidder. Such award, if made, will be made within one hundred fifty (150) calendar days after the opening of the proposals. The Department of Public Works may proceed in like manner until the Director either finds a responsible and responsive bidder willing to be awarded the contract or determines that it is not in the best interest of the City to proceed further.

The periods of time specified above within which the award of contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the Director and the bidder concerned.
3-1.01B Notice of Intended Award - If the City intends to award a contract, the City will post on the internet a written notice indicating to which bidder it intends to award the contract along with the bid results. The City will notify or cause to be notified all bidders that these documents have been posted. Irrespective of any changes to the information contained therein (including, without limitation, the identity of the bidder to which the City intends to award the contract), the issuance of any such notice of intended award shall occur only once; however, any such changes will be posted to the internet by the City. 3-1.01C Protest of Bid Award - A bidder may protest the City’s award of a contract. A protesting bidder shall submit its protest in writing. The protest shall provide a full and complete statement specifying in detail the ground(s) of the protest and the facts supporting the protest.

A protesting bidder shall deliver its written protest to the project manager at the address shown on the front cover of the bid specifications on or before 5 p.m. of the fifth working day following the day upon which the City issued the notice described in Section 3-

1.01B.

Bidders are instructed that, irrespective of any changes to the information contained DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 6 NON-MUNICIPAL
REVISED 7/14/2020
in the notice described in Section 3-1.01B, there is a single protest period, and any and all protests must be delivered by the deadline specified above, regardless of whether or not the protest is directed at the bid of the proposed awardee or at the bid of another bidder. By way of example only, should the City indicate in its notice that it intends to award to the lowest bidder, the third lowest bidder will be required to deliver any protest it may have as to the bid of the second lowest bidder, regardless of whether or not it is also prepared to protest the bid of the lowest bidder.

The procedure and time limits set forth in this section 3-1.01C are mandatory and the bidders’ sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.
3-1.01D Bid Alternate of the Standard Specifications (page 3-1) shall have the following paragraph added:
“If there are Bid Alternates, the low bid will be determined by adding each of the Bid Alternate Bids to the Base Bid in ascending numerical sequence, until a total is reached to which no further Bid Alternate Bids may be added without exceeding $ .

The low bidder will be the bidder whose total amount calculated under the preceding sentence (1) includes the greatest number ofBid Alternates, or (2) offers an equal number of Bid Alternates for the lowest price. If the addition of the first Bid Alternate Bid to the Base Bid results in a figure greater than the above-stated dollar amount in the case of every responsive bidder, the low bid will be determined by the Base Bid alone. Once the low bidder has been identified in the preceding manner, the City may elect to award the Base Bid item alone or any or all Bid Alternate items in any sequence to that low bidder, even if the resulting contract amount no longer represents the lowest total price for the particular items chosen.” Section 4-1.03E of the Standard Specifications (page 4-5) shall be revised to read as follows:
4-1.03E Revocable Contract Items. - Items noted as “Revocable” in the Proposal may be deleted entirely or in part or added to at the sole discretion of the City. The provisions of Section 4-1.03B, “Increased or Decreased Quantities”, shall not apply to entire or partial deletion of or addition to Revocable items.

Issue Date: September 1, 2016
Section 5 of the Standard Specifications (page 5-3) shall be amended as follows:
5-1.04 Coordination and Interpretation of Plans, Standard Specifications, and Special Provisions, of the Standard Specifications shall have the order of precedence listed as items 1 through 4 revised to read as follows:

1. Special Provisions
Within Special Provisions the precedence of specific documents is as follows; a. Change Orders
b. Amendments to the Standard Specifications
c. Addenda
d. Agreement
e. Bid Forms (Proposal, Schedule of Quantities, Bonds, other forms completed by bidder)
f. Technical Specifications issued for preparation of bids

2. Project Plans
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 7 NON-MUNICIPAL
REVISED 7/14/2020
Project plans are the design drawings issued for the preparation of bids. Within the project plans, the order of precedence is as follows; a. Written numbers govern over figures
b. Figures govern over scaled dimensions
c. Detail drawings govern over general drawings
d. Specific notes on drawings take precedence over tables and lists e. Addenda/Change Order drawings govern over any other drawings f. Notes, descriptions or tables take precedence over graphic representations on drawings
g. Greater number, amount, or size takes precedence over lesser number, amount or size.

3. Standard Plan Details

4. Standard Specifications
If a discrepancy is found or any confusion arises, submit a request for clarification to the CITY.

Issue Date: April 3, 2015
Section 5-1.08 of the Standard Specifications (page 5-7) shall have the following section added:
5-1.08.B Manner of Inspection

1. This provision clarifies how the City conducts inspections under Section 5-1.08, entitled “Inspection,” and Section 5-1.08A, entitled “Inspection for Sole Benefit of the City.”

2. The CITY, in the CITY’s sole discretion, can conduct an in-person inspection of the construction work or a remote inspection of the construction work. The Contractor must reasonably cooperate with the CITY to accomplish the purpose of the inspection regardless of the form of inspection.

The Contractor’s failure to comply with the CITY in conducting an inspection may result in the CITY rejecting the construction work.

3. Throughout construction, the Contractor must keep the CITY informed about the progress of construction and upcoming construction activities so that the parties can determine the schedule of upcoming inspections.

4. The Contractor must assign a qualified representative to assist the CITY in performing inspections throughout the duration of the project. To be qualified, a representative must be knowledgeable about the project and the construction work that will be subject to inspections. To be qualified, the representative must also be physically capable of performing all aspects of the inspections, and be knowledgeable and capable of operating any equipment necessary to perform the inspections.

5. At the request of the CITY, the Contractor must provide documentation of specified construction activities with time-stamped photos and/or video. The CITY can require the Contractor to submit such documentation before, during, and/or after the specified construction activity.

6. The Contractor must provide the following in electronic format to the CITY at the times requested by the CITY:
 Material tags for materials being installed, such as concrete, asphalt, CDF, base rock, etc., DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 8 NON-MUNICIPAL
REVISED 7/14/2020
 Contractor’s daily manpower/equipment report, and
 Photos of traffic control, controlling items of operation, manpower/equipment, conflicts and any additional photos as requested by the Inspector.

7. The following requirements apply to all inspections, whether in person or remote:
 The Contractor’s qualified representative is responsible for having any other representative(s) of the Contractor or a subcontractor present if the qualified representative believes such other person(s) would be more knowledgeable about the construction work subject to inspection.
 The qualified representative will make sure that all equipment and tools (e.g. tape measure, ladder, measuring wheels, level, flashlight, etc.) needed to perform the inspection are readily available.
 The qualified representative will make sure that the plans, specifications, permits and any other documents related to the construction work being inspected are readily available.  The qualified representative must ensure the inspection complies with all federal, state, and local health and safety laws, regulations, rules, orders and other similar requirements.  The qualified representative is responsible for ensuring that the representatives of the Contractor and subcontractor are respectful and professional towards the CITY during the inspection.

8. The following additional requirements apply to a remote inspection.  The Contractor must provide the qualified representative with the equipment, including software, capable of providing real-time audio and visual communication (i.e. videotelephony such as Facetime and ZOOM) between the qualified representative and the CITY. The equipment must be capable of sending and receiving e-mails and taking time-stamped pictures.

Generally, a mobile smart phone will be sufficient.
 The qualified representative must know how to use the equipment needed to perform the remote inspection. The qualified representative will confirm the equipment is fully charged and functional before the remote inspection, and will turn off any device notification functions during the inspection. The qualified representative will make reasonable efforts to eliminate and minimize any other construction site noises that might interfere with the remote inspection.
 The Contractor will provide an additional person to help the qualified representative conduct the remote inspection. The CITY may waive this requirement if the CITY determines, in the CITY’s discretion, that the qualified representative alone can accomplish the remote inspection.
 The qualified representative will cooperate with the CITY’s efforts to plan a remote inspection, to conduct meetings remotely during the workday, and to communicate remotely throughout the day regarding the progress of the construction work.  The CITY will lead the inspection. The qualified representative will cooperate with the CITY and follow the CITY’s instructions during the inspection. The qualified representative will not attempt to hide, obscure or otherwise limit the CITY’s view of the work being DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 9 NON-MUNICIPAL
REVISED 7/14/2020
inspected.

10. All costs associated with Contractor’s complying with this provision are included in the contract price. The Contractor is not entitled to any additional compensation for complying with these inspection requirements
Issue Date: July 14, 2020
Section 5 of the Standard Specifications (page 5-12) shall be amended as follows:
5-1.17 Partnering. - The City and Contractor will use good faith efforts to promote the formation of a successful Partnering relationship in order to effectively complete the Contract to the benefit of both parties. The purpose of this relationship is to establish and maintain cooperative communication and to mutually resolve conflicts at the lowest responsible management level. The establishment of a Partnering relationship will not change or modify the terms and conditions of the Contract and will not relieve either party of the legal requirements of the Contract.

The City and Contractor will engage in either Formal Partnering or Informal Partnering, depending upon the size of the project.
5-1.17A Formal Partnering. – In Formal Partnering the City and the Contractor implement the Partnering relationship through at least one pre-construction partnering workshop conducted by an independent facilitator. The purpose of the initial pre-construction workshop is to mutually develop a strategy for forming a successful partnering relationship.

The City and Contractor may participate in additional facilitated workshops during the life of the project as they mutually agree is necessary and appropriate.

For all projects in which the CITY’s estimate for the entire project prior to advertising for bids is $10 million or more, the City and Contractor shall participate in Formal Partnering.

For all projects in which the CITY’s estimate for the entire project prior to advertising for bids is $1 million or above but less than $10 million dollars, the Contractor may elect to require the parties to participate in Formal Partnering. The Contractor shall elect Formal Partnering by submitting a request in writing to the CITY after approval of the Contract.

The scheduling of a partnering workshop, selection of the partnering facilitator and workshop site, and other administrative details shall be as agreed to by both parties. The parties shall used good faith efforts to schedule the initial, pre-construction partnering workshop and to select the facilitator for the workshop as soon as reasonably possible following award of the Contract where Formal Partnering is mandatory or as soon as reasonably possible following a Contractor’s election to require Formal Partnering for all other projects.

The costs of Formal Partnering involved in providing the pre-construction partnering workshop, any subsequent, additional partnering workshops, and the facilitator for the partnering workshops shall be borne equally by the City and Contractor. These costs may be provided elsewhere in this Contract either as an allowance item or a specific bid item. If not, then the CITY may issue a change order in the amount of one-half of the estimated cost of the facilitator and the partnering workshops.

The division of cost for the facilitator and partnering workshops will be made by determining the cost in conformance with the provisions in Section 9-1.03B, “Work Performed By Special Forces or Other Special Services,” of the Standard Specifications, and paying to the Contractor one-half of that costs, except no markups will be allowed.

All other costs associated with Formal Partnering will be borne separately by the party incurring the costs, such as wages and travel expenses, and no additional compensation will be allowed therefor.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 10 NON-MUNICIPAL
REVISED 7/14/2020
5-1.17B Informal Partnering. In Informal Partnering the City and the Contractor will implement the Partnering relationship through partnering discussions that are not conducted by an independent facilitator. The City and Contractor may participate in additional unfacilitated partnering meetings during the life of the project as they mutually agree is necessary and appropriate.

The City and Contractor will engage in informal partnering as follows: (1) on all projects in which the CITY’s estimate for the entire project prior to advertising for bids is below $1 million, and (2) on all projects in which the CITY’s estimate for the entire project prior to advertising for bids is $1 million or above but less than $10 million and the Contractor has not elected Formal Partnering.

Issue Date: April 3, 2015
Section 7-1.01A through 7-1.01A(11) shall be revised to read as follows:

Section 7-1.01A Labor Standards
The Contractor shall comply with the labor standard requirements set forth below in this Section 7-1.01A. 7-1.01A(1) City Compliance Officer

1. City Compliance Officer: For purposes of this Section 7-1.01A, the “City Compliance Officer” is the Director of the Office of Equality Assurance or such other City employee as the City Manager may designate as having primary responsibility for administering and enforcing the labor standard requirements set forth in this Section 7-1.01A. The term includes the City Compliance Officer’s staff and any other City employees and agents authorized to assist in the administration and enforcement of these labor standards.

2. Contact Information: The address of the City’s Office of Equality Assurance for purposes of correspondence and inquiries is 200 East Santa Clara Street, 5th Floor, San José CA 95113-1905.

The Office’s phone number is 408-535-8430.

3. Scope of Authority: The City Compliance Office has primary responsibility for administering and enforcing the prevailing wage requirements, the payroll requirements and all other labor standards required by this Contract.
7-1.01A(2) Working Hours
The Contractor shall comply with the working-hour requirements set forth in Sections 1810 through 1815 of the California Labor Code, which are incorporated into this Contract. Working-hour requirements include, but are not limited to, the following.

1. General Requirement: Eight hours constitutes a legal day’s work. Employees of the Contractor cannot work more than 8 hours during any one calendar day and more than 40 hours during any one calendar week.

2. Exception: Notwithstanding the general requirement set forth above, the Contractor may permit its employees to work more than 8 hours per calendar day and 40 hours per calendar week if the Contractor pays at least 1 ½ times the basic rate of pay for all hours worked in excess of 8 hours per day.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 11 NON-MUNICIPAL
REVISED 7/14/2020

3. Record Keeping: The Contractor must keep accurate records showing the name and actual hours worked each day and each calendar week by each of its employees. The Contractor shall make the records available at all reasonable hours for inspection by the City Compliance Officer or by the Division of Labor Standards Enforcement. The Contractor’s failure to make and maintain the required records is a misdemeanor.

4. Restitution for Underpayment: If the Contractor requires or permits an employee to work in violation of the working-hour requirements set forth in this Section 7-1.01A(2), then the Contractor shall pay the employee the difference between the amount that should have been paid and the actual amount paid.

5. Penalties: In addition to paying restitution for an underpayment, the Contractor shall forfeit to the City $25 for each employee for each calendar day during which the Contractor requires or permits such employee to work in violation of the working-hour requirements set forth in this Section 7-

1.01A(2).

6. Withholding of Restitution and Penalties: The CITY may withhold and retain from any payments or moneys due the Contractor the following: (1) the amount of any outstanding restitution resulting from an underpayment, and (2) the amount of any penalties resulting from such underpayment. The CITY’s right to withhold and retain moneys under this provision is separate and independent from any other right to withhold and retain moneys included in this Contract.
7-1.01A(3) Prevailing Wage
The Work in this Contract is a Public Work, as that term is defined for prevailing wage purposes in Sections 1720 through 1720.6 of the California Labor Code. The Contractor shall comply with the prevailing wage requirements set forth in Sections 1720 through 1782 of the California Labor Code, which are incorporated into this Contract. The prevailing wage requirements with which the Contractor must comply include, but are not limited to, the following:

1. Prevailing Wage Requirement: The Contractor shall pay, and shall cause its subcontractors to pay, employees performing Work not less than the general prevailing rates of per diem wages, for each craft, classification and type of worker, as determined by the Director of the Department of Industrial Relations of the State of California.

2. Project-Specific Rates: Copies of the General Prevailing Wage Determinations made by the Director of the Department of Industrial Relations of the State of California for each craft, classification and type of worker required to perform the Work are available from the City Compliance Officer. Please direct all questions regarding prevailing wage requirements to the City Compliance Officer.

3. Unlisted Job Classifications: The prevailing wage rate applicable to a craft, classification or type of worker not shown on the General Prevailing Wage Determinations shall be the rate applicable to the most closely related craft, classification or type of worker. Contact the Office of Equality Assurance at (408) 535-8430 for crafts, classifications or types of workers not listed in the General Prevailing Wage Determinations.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 12 NON-MUNICIPAL
REVISED 7/14/2020

4. Paying Higher Wages: The prevailing wage rates are minimum rates. The Contractor may pay workers more than the applicable prevailing wage rate. The City will not pay extra compensation based on the inability of the Contractor to hire workers at the prevailing wage rates.

5. No Adjustments: The City will not pay extra compensation based on increases in the prevailing wage rates during the term of the Contract.

6. Posting Notice: The Contractor must post at each job site at which Work is performed a sign informing employees that the State’s prevailing wage requirements apply to the Work. The sign shall include the City Compliance Officer’s telephone number and address. The Contractor also must post at each job site where Work is performed the General Prevailing Wage Determinations in effect for each craft, classification and type of worker employed required to perform the Work.

If the Contractor fails to post the sign or General Prevailing Wage Determinations as required, the CITY or City Compliance Officer shall have the right to do so.

7. Restitution for Underpayment: The Contractor, or any subcontractor of the Contractor, must pay the following amount to each employee who was paid less than the applicable prevailing wage rate during any period of time that such employee was performing Work: the difference between the applicable prevailing wage rate and the actual amount paid.

8. Penalties: The Contractor, and any subcontractor of the Contractor, shall forfeit up to $200 for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. The City shall determine the amount of the penalty based on the guidelines and factors set forth in Section 1775(2) of the California Labor Code.

9. Liability for Subcontractor’s Penalties: The Contractor is liable for any penalties resulting from the payment of less than the prevailing wage rate by one of its subcontractors unless the Contractor can clearly demonstrate all of the following:
a. The contract between the Contractor and its subcontractor for the performance of the Work included a copy of Sections 1171, 1175, 1176, 1777.5, 1813 and 1815 of the California Labor Code; and
b. The Contractor periodically reviewed the certified payroll records of its subcontractor for payment of the specified general prevailing rate of per diem wages; and c. Upon becoming aware of the subcontractor’s payment of less than the applicable prevailing wage rate, the Contractor diligently took corrective action to halt or rectify the violation, including, but not limited to, retaining sufficient funds from payments due the subcontractor for Work performed; and
d. Before making final payment to its subcontractor, the Contractor obtained an affidavit, signed under penalty of perjury, from the subcontractor stating that the subcontractor paid each of its workers not less than the applicable general prevailing rate of per diem wages and any amounts due pursuant to Section 1813 of the California Labor Code.

10. Withholding: The CITY may withhold and retain from payments or moneys due the Contractor the following: (1) the amount of any outstanding restitution resulting from an underpayment, (2) penalties resulting from such underpayment, and (3) any amounts required to satisfy any civil DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 13 NON-MUNICIPAL
REVISED 7/14/2020
wage and penalty assessment issued by the California Labor Commission in accordance with the California Labor Code. The CITY’s right to withhold under this provision is separate and independent from any other right to withhold moneys included in this Contract.

11. Notice of Withholding: The City Compliance Officer will provide written notice to the Contractor and subcontractor, if applicable, of any withholding resulting from a prevailing wage violation. The notice will describe the nature of the violation, the amount of wages, penalties and forfeitures withheld, and the procedure for obtaining review of the withholding. a. Service of Notice: The City Compliance Officer will serve the notice by first-class and certified mail, in a sealed envelope, with postage prepaid, addressed to the person on whom it is to be served, at the office address last given for that person. b. Service on Surety: The City Compliance Officer will also serve a copy of the notice by certified mail to the surety that issued the payment and performance bonds for the Contract.
c. Appeal of Withholding: In accordance with Section 1771.6 of the California Labor Code, the Contractor or the affected subcontractor may seek review of the City’s withholding by transmitting a written request for review to the Office of the Labor Commissioner for the State of California. The Contractor or the affected subcontractor shall transmit a copy of the written request for review to the City Compliance Officer. d. Time to Appeal Withholding: In accordance with Section 1742 of the California Labor Code, a written request to review a notice of withholding must be transmitted to the Office of the Labor Commissioner for the State of California within 60 calendar days after service of the notice. If review is not requested within 60 calendar days, then the City Compliance Officer’s determination is final.

12. Attachment 5: The Contractor is directed to review Attachment 5 of the Bid Documents for further information regarding prevailing wage requirements applicable to this Contract. 7-1.01A(4) Payroll Records
The Contractor and each of its subcontractors shall make and keep payroll records in accordance with Section 1776 of the California Labor Code and with this Section 7-1.01A(3), both of which are incorporated into this Contract. The requirements to make and keep payroll records are as follows:

1. General Requirement: The Contractor and its subcontractors must keep accurate payroll records.

For each journey-man, apprentice, worker, or other employee performing Work, the payroll records must show the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages.

2. Form of Payroll Records: The Contractor and its subcontractors must prepare the payroll records on forms provided by the Division of Labor Standards Enforcement for the State of California on forms containing the same information as the forms provided by the Division of Labor Standards Enforcement. The Contractor and subcontractor shall obtain the approval of the City Compliance Officer before using any form other than one provided by the Division of Labor Standards Enforcement.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 14 NON-MUNICIPAL
REVISED 7/14/2020

3. Location of Payroll Records: Within 10 working days of starting Work, the Contractor shall inform the City Compliance Officer of the location of all payroll records, including the street address, city, and county. Within 5 working days of changing the location of the payroll records, the Contractor shall notify the City Compliance Officer of the new location.

4. Submission of Payroll Records with Progress Payment: In accordance with Section 9-1.06A of the Special Provisions, entitled “Application for Progress Payment,” the Contractor must submit the payroll records of its employees and those of its subcontractor(s) to the City with each application for progress payment. The payroll records submitted to the City shall meet all of the requirements set forth in this Section 7-1.01A(3).
a. Verification/Certification: The payroll records submitted to the City must be both verified, and the copies certified, by the Contractor or subcontractor that prepared the record. The verification must be a written declaration, made under penalty of perjury, stating the following: (1) the information contained in the payroll record is true and correct, and (2) the Contractor or subcontractor has complied with the requirements of Sections 1771, 1811 and 1815 for Work performed by its employees. b. Condition Precedent to Payment: As set forth in Section 9-1.06A of the Special Provisions, the submission of verified and certified payroll records with each application for progress payment is an express condition precedent to the City’s obligation to make a progress payment. An application for progress payment is incomplete in the absence of verified and certified payroll records, and the CITY is not obligated to approve or make, in whole or in part, any progress payment due the Contractor until the Contractor has submitted the required payroll records.

5. Written Request for Payroll Records: The Contractor or subcontractor must provide verified and certified payroll records to the City Compliance Officer on or before 10 working days following receipt of the written request for such records by the City Compliance Officer. a. Penalties: If the Contractor or subcontractor fails to timely comply with the request, then the Contractor or subcontractor, whichever one failed to provide the records, shall pay a penalty to the City of $100 for each calendar day, or portion thereof, for each worker, until the records are provided. The Contractor is not liable for a penalty imposed as a result of a subcontractor’s failure to comply with the City’s written request for payroll records. b. Withholding: The CITY may withhold and retain from payments or moneys due the Contractor the amount of any penalties imposed based on a failure to timely respond to the City’s written request for payroll records. The CITY’s right to withhold under this provision is separate and independent from any other right to withhold moneys included in this Contract.

6. Inspection of Records by Employee: A verified and certified copy of an employee’s pay record shall be made available, on request, for inspection or given to the employee or the employee’s authorized representative. The records shall be available at all reasonable hours at the principal office of the contractor.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 15 NON-MUNICIPAL
REVISED 7/14/2020

7. Inspection of Records by Department: A verified and certified copy of all payroll records shall be made available, upon request, for inspection or furnished to the City Compliance Officer and the Division of Labor Standards Enforcement of the Department of Industrial Relations. The records shall be available at all reasonable hours at the principal office of the contractor. 7-1.01A(5) Employee Sign In/Sign out
The Contractor shall maintain a sign-in and sign-out sheet showing which employees are present on the job site. The Contractor shall establish procedures so that all employees sign in and out of the job site. The Contractor shall provide, upon request, a copy of the sign-in and sign-out sheet to the City Compliance Officer and to any employee or the employee’s authorized representative. 7-1.01A(6) Discrimination Prohibited

1. Labor Code Prohibition: The Contractor must comply with, and is subject to, the employment non-discrimination requirements set forth in Section 1735 of the California Labor Code, which is incorporated into this Contract.

2. City Prohibition: The Contractor also must comply with, and is subject to, the nondiscrimination/nonpreference requirements set forth in Chapter 4.08 of Chapter 4 of the San José Municipal Code, entitled “Nondiscrimination Requirements for Contracts,” which is incorporated into this Contract.
a. Attachment 1 of Contract: The nondiscrimination/nonpreference requirements set forth in Attachment 1 of this Contract implement, in part, the requirements of Chapter 4.08.

The Contractor shall comply with the requirements set forth in Attachment 1. b. Subcontractors: The Contractor shall include the same provisions in Attachment 1 in every subcontract entered into in furtherance of the Contract so that such provisions are binding on each subcontractor.
7-1.01A(7) Apprentices

1. Compliance: The Contractor and its subcontractors shall comply with the requirements of the State Apprenticeship Program, as set forth in Section 1777.5 and Chapter 4 of division 3 of the California Labor Code (starting at Section 3070), which collectively are incorporated into this Contract. The Contractor is solely responsible for securing compliance with Section 1777.5 for all apprenticeable occupations.

2. Subcontracts: The Contractor shall include in all of its subcontracts the obligation for subcontractors to comply with the requirements of the State Apprenticeship Program.

3. Evidence of Compliance: The Contractor shall comply promptly with all requests of the City Compliance Officer for documentation that the Contractor and its subcontractors are in compliance with the State Apprenticeship Program.

4. Penalties: The Contractor is subject to the penalties set forth in Section 1777.7 of the California Labor Code for a failure to comply with the requirements of Section 1777.5. Section 1777.7 is incorporated into this Contract.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 16 NON-MUNICIPAL
REVISED 7/14/2020

5. Withholding: The CITY may withhold and retain from payments or moneys due the Contractor the amount of any penalties imposed based on a violation of Section 1777.5 of the California Labor Code. The CITY’s right to withhold under this provision is separate and independent from any other right to withhold moneys included in this Contract. 7-1.01A(8) Workers’ Compensation

1. Requirement: The Contractor shall secure worker’s compensation for all of its employees in accordance with Section 3700 of the California Labor Code. By signing the Contract, the Contractor is certifying and filing with the City the following:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provision before commencing the performance of the Work of this Contract.”

2. Prohibition: The Contractor is prohibited from performing Work if at the time of such Work the Contractor is not in compliance with Section 3700 of the California Labor Code. The Contractor must not allow a subcontractor to perform Work if at the time of such Work the subcontractor is not in compliance with Section 3700 of the California Labor Code.

3. Proof of Compliance: Before starting any Work, the Contractor shall provide the CITY with one of the following: (1) satisfactory proof that it is properly insured by one or more insurers authorized to write worker’s compensation insurance in California, or (2) a valid certificate of consent to self-insure issued by the Director of Industrial Relations for the State of California. a. Maintaining Compliance: The Contractor shall maintain such insurance or certificate of consent to self-insure for the term of the Contract.
b. Requests for Proof of Compliance: Upon the request of the CITY at any time during the term of the Contract, the Contractor must provide satisfactory proof that it is in compliance with Section 3700 of the California Labor Code.

4. Failure to Comply: The Contractor’s failure to comply promptly with a request by the CITY for proof of compliance with Section 3700 of the California Labor Code, or the Contractor’s failure to be in compliance with Section 3700, is a material breach of this Contract. Such breach is a basis for the CITY to suspend Work in accordance with Section 8-1.05 of these Specifications. The Contractor is responsible for all costs and damages resulting from any such suspension of Work.

5. Withhold: If any injury occurs to any employee of the Contractor for which the employee, or the employee’s dependents, is entitled to compensation from the City under the California Labor Code provisions applicable to worker’s compensation, the CITY may withhold and retain from any moneys due the Contractor an amount sufficient to cover such compensation.

6. Subcontractors: The Contractor shall include in all of its subcontracts the obligation for subcontractors to comply with the requirements of this Section 7-1.01A(8). 7-1.01A(9) Certified Electricians
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 17 NON-MUNICIPAL
REVISED 7/14/2020
The Contractor must use, and must cause its subcontractor(s) to use, properly certified persons to perform any Work as electricians in accordance with Chapter 4.5 of Division 1 of the California Labor Code, entitled “Electrician Certification” (Sections 108 – 108.5). 7-1.01A(10) Labor Standards Enforcement

1. Cooperation: The Contractor and its subcontractors shall cooperate fully with the City Compliance Officer as part of any action by the City Compliance Officer to administer and/or enforce the labor standards set forth in this Section 7-1.01A.

2. Inspections: The Contractor and its subcontractors agree that the City Compliance Officer has the following rights in the performance of the Officer’s duties: (1) to engage in random inspections of job sites, (2) to have access to the employees performing Work, and (3) to have access to employee time sheets, inspection logs, payroll records, paychecks and any other documents reasonably related to an appropriate investigation of the Contractor’s and subcontractor’s compliance with the labor standards set forth in this Section 7-1.01A.

3. Audit: The City Compliance Officer may audit such records of the Contractor and it subcontractors as the Officer deems necessary to determine compliance with the labor standards set forth in this Section 7-1.01A.
7-1.01A(11) Subcontractors
Notwithstanding anything to the contrary, the prevailing wage requirements, payroll record requirements and all other labor standard requirements set forth in this Section 7-1.01A are applicable to every subcontractor engaged by the Contractor to perform Work. The Contractor shall include in every such subcontract the following provision(s): (1) an agreement from the subcontractor that it is subject to each of the labor standard requirements set forth in this Section 7-1.01A, (2) an agreement from the subcontractor that it will comply with each of the labor standard requirements, and (3) an agreement from the subcontractor that the City Compliance Officer can enforce each of the labor standard requirements against the subcontractor to the same extent it can enforce the provisions against the Contractor.

Section 7-1.03 Payment of Taxes, of the Standard Specifications (page7-14) shall be revised to read as follows:
7-1.03 Payment of Taxes/Allocation of Sales and Use Taxes. - The Contract Price paid for the Work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract.

Prior to making any purchase of materials, machinery, tools, fixtures, or equipment totaling in excess of $1 million for the Work, Contractor shall obtain a jobsite sub-permit of its seller’s permit designating the Facility located at 700 Los Esteros Road, San Jose Ca 95134 as the jobsite using the State of California Board of Equalization form BOE-530 (Schedule C – Detailed Allocation by Suboutlet of Combined State and Uniform Local Sales and Use Tax). Contractor shall include this provision in all of its construction subcontracts for the project.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 18 NON-MUNICIPAL
REVISED 7/14/2020
Issue Date: September 1, 2016
Section 7-1.04 Permits and Licenses of the Standard Specifications (page 7-14) shall have the following paragraph added:
“The Contractor shall defend, indemnify, and hold harmless the City, its employees, and its agents from all legal claims, losses, actions in law or equity civil and/or criminal, arising from any and all acts, omissions, or negligence of the Contractor in violation of any permit or license issued.”
Section 7-1.22 Provisions of Law and Venue of the Standard Specifications (page 7-30) shall have the following paragraph added:
“All depositions, document production, mediations, arbitrations, and any other meetings will take place in the City of San José.”
Issue Date: February 4, 2015
**** Note to Project Managers - Section 8-1.01 Subcontracting *** Be advised, a Project Manager can modify Section 8-1.01 of the Standard Specifications, if appropriate. Please review these guidelines if modifying the percentage of work the prime contractor is required to self-perform. Projects with federal funding should also have this percentage further evaluated:
a) Sanitary Sewer/Storm/Utility/CalTrans project: Typically 30% b) Park/Trail project: Typically 25%
c) Building project: Typically 5%
If a Project Manager determines that a different percentage should be identified, the Section Supervisor shall be consulted. Delete these instructions, or the section altogether, once a determination is made regarding percentage of self-performance.

Section 8-1.01 of the Standard Specifications (page 8-1) shall be revised as follows:
8-1.01 Subcontracting – Revise the third paragraph of Section 8-1.01, “Subcontracting”, of the Standard Specifications to read “The Contractor shall perform with the Contractor’s own organization contract work amounting to not less than __ percent of the original total contract price, except that any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed may be deducted from the original total contract price before computing the amount of work required to be performed by the Contractor with the Contractor’s own organization.” Section 8-1.05A of the Standard Specifications (page 8-4) shall be added as follows:
8-1.05A Temporary Suspension of Work - COVID 19. - Notwithstanding anything to the contrary in these Specifications and in addition to the force majeure events identified in Section 8-1.07 (Liquidated Damages), the City and Contractor agree that the following are force majeure events:

1. The inability of either party to perform its respective obligations under this contract due in any part to complying with any local, state, or federal mandates and advisories for managing public health and safety related to the COVID-19 pandemic; or DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 19 NON-MUNICIPAL
REVISED 7/14/2020

2. The inability of either party to perform its respective obligations under this contract due to lack of resources, including staffing, due to illness from COVID-19, quarantine due to COVID-19, and/or having to care for another person who is ill or quarantined due to COVID-19.

The City and Contractor agree that any temporary delay in the progress of work, inability to perform or suspension of the work by either party due to either of the above force majeure events will result in an extension of the completion date for the period of delay, inability to perform or suspension. Both parties further agree that neither party will be liable for damages of any kind for any such delay, inability to perform or suspension of work.

Issue Date: March 20, 2020
Section 8-1.06B of the Standard Specifications (page 8-4) shall be added as follows:
8-1.06B Annual Holiday Closure. - At the option of the CITY, the contractor may be required to suspend all work and activities during the City’s annual Holiday Closure in late December and early January of each year. No work shall be done during this suspension except such work as is necessary for the proper care and protection of work already performed, or except in case of an emergency, and in any case, only with the prior written permission of the CITY.

This suspension of work will be at no cost to the City. Working days will not be assessed during this suspension of work.

Issue Date: February 4, 2015
Section 9-1.06 of the Standard Specifications (page 9-12) shall be revised to read as follows:
9-1.06A Application for Progress Payment.

1. Once each month, the Contractor shall submit an application for progress payment for the work done in the preceding month. The Contractor shall submit its monthly application for progress payment at a time acceptable to the CITY, and the Contractor shall include whatever documentation the CITY reasonably determines is necessary to authorize a progress payment.

2. Before the City makes any partial payment or the final payment, and as a condition of a Contractor’s application for progress or final payment being deemed complete, the CITY may require the Contractor to submit satisfactory evidence that the Contractor is not delinquent in payments to employees or creditors for labor and materials incorporated into the work.

3. The Contractor shall provide to the CITY, with each application for progress payment, the verified and certified payroll records for all of its employees and those employees of Contractor’s subcontractors, as required in Section 7-1.01A(2), entitled "Prevailing Wage," and in Section 7-1.01A(3), entitled "Payroll Records." The verified and certified payroll records submitted with each application for progress payment shall be for the same period of time as the work for which the Contractor is seeking payment. a. The Contractor agrees that submission of the verified and certified payroll records with each application for progress payment is an express condition precedent to the CITY's obligation to make a progress payment. The CITY is not obligated to approve or make, in whole or in part, any progress payment due the Contractor until the Contractor has submitted the required payroll records.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 20 NON-MUNICIPAL
REVISED 7/14/2020
b. Any payment of a progress payment, in whole or in part, by the CITY despite the Contractor’s failure to submit the required payroll records in a timely manner is not a waiver of any other term or conditions contained in this Contract or a waiver of the right to withhold payment for any subsequent breach.

Issue Date: July 29, 2013
9-1.06B Partial Payment.

1. Based on the application for progress payment submitted by the Contractor and any other information available to the CITY, the CITY shall cause an estimate in writing to be made at least once a month. The estimate shall include the total amount of work done during the time period covered by the application for payment request, and the value thereof. The estimate shall also include any amounts payable for mobilization.

2. The City shall retain 5 percent of such estimated value of the work done, except that at any time after 50 percent of the work has been completed, if the CITY finds that satisfactory progress is being made, the City made reduce the total amount being retained from payment pursuant to the above requirements to 2.5 percent of the estimated value of such work. In addition, on any partial payment made after 95 percent of the work has been completed, the City may reduce the amount withheld from payment pursuant to the requirements of this Section 9-1.106, to such lesser amount as the CITY determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract (but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the CITY). Such reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety on the Performance Bond and by the surety on the Payment Bond. The approval of the surety shall be submitted to the City; the signature of the person executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing him/her to give such consent must either accompany the document or be on file with the City.

3. The CITY may at any time and in the CITY’s sole discretion reinstate the retention at the full 5 percent of the value of the work performed upon notice to the Contractor. The Contractor shall immediately repay to the City all amounts paid to the Contractor in excess of the 5 percent retention. If the Contractor fails to repay the amount due within a reasonable time, the City may, in addition to all of the other remedies available to it, withhold such amount from future partial payments made to the Contractor.

4. Based on submittal of a complete application for progress payment and corresponding CITY’s Estimate, the City shall pay monthly to the Contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No such estimate or payment shall be required to be made when, in the judgment of the CITY, the work is not proceeding in accordance with the provisions of the contract, or the total value of the work done since the last estimate amount to less than $5,000.

5. No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials.

6. Attention is directed to the express prohibition against payment to unlicensed contractors contained in Public Contract Code Section 10164, the provisions of which are set forth in Section 7-1.01C, entitled “Contractor’s Licensing Laws.”

7. The estimates of the CITY shall be final and conclusive evidence of the amount or work performed by the Contractor under this contract, and shall be taken as full measure of compensation to be received by the Contractor.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 21 NON-MUNICIPAL
REVISED 7/14/2020
Section 9-1.07C of the Standard Specifications (page 9-18) shall be added as follows:
9-1.07C Claims Certification. - All claims submitted by the contractor shall include the following personal certification:
“I, , BEING THE (MUST BE

AN OFFICER) OF (GENERAL CONTRACTOR),

DECLARE 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 CLAIM FOR

ADDITIONAL COMPENSATION AND/OR EXTENSION OF TIME, AND
KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT

REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT
FOR WHICH THE CONTRACTOR BELIEVES THE OWNER IS LIABLE; AND,

FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE
SECTION 72 AND CALIFORNIA GOVERNMENT CODE 12650, ET SEQ,

PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND

UNDERSTAND THAT SUBMISSION OR CERTIFICATION OF A FALSE

CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND/OR OTHER SEVERE LEGAL CONSEQUENCES.”
By:

Title
Section 12 of the Standard Specifications (page 12-4) shall have the following section added:
12-1.05 Temporary Traffic Control. Systems and Devices. - Temporary Traffic Control systems and devices shall be in conformance with the "California Manual of Uniform Traffic Control Devices (MUTCD) for Streets and Highways, November 7, 2014", or the latest version published by Caltrans. Traffic control plans are required to be submitted to the City for review prior to construction.

Pursuant to San José Municipal Code Section 11.12.050, flaggers or City of San José Police Officers shall direct traffic through construction zones where warning signs, cones, delineators, barricades and other temporary traffic control devices cannot effectively control moving traffic. Flaggers shall be sufficiently trained and equipped in accordance with California Code of Regulations, Title 8, Section 1599. In addition, flaggers shall be certified by the American Traffic Safety Services Association (ATSSA) or the National Safety Council (NSC). The Director of Public Works reserves the right to require the use of Police Officers when conditions warrant.

Issue Date: July 29, 2013
Section 12 of the Standard Specifications (page 12-4) shall have the following section added:
12-1.06 Traffic Control. Secondary Employment Officers.

1. The standard hourly rate for off-duty uniformed traffic control officers (“Secondary Employment Officers”) at construction zones is shown on the Schedule of Quantities. If no hourly rate is not shown on the Schedule of Quantities or there is not Schedule of Quantities, then contact the Secondary Employment Unit at (408) 277-4980 to obtain the current standard hourly rate.

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 22 NON-MUNICIPAL
REVISED 7/14/2020

2. Officers are required to receive a 3 hour minimum payment for each assignment.

Time and one-half of the hourly rate will be charged on each assignment exceeding eight (8) hours. The 3-hour minimum payment will be required when the Contractor does not cancel the requested assignment within 3 hours of the start time.

3. Requests for Secondary Employment Officers must be submitted at least three (3) business days in advance of the start date for each assignment. (i.e. if an assignment is scheduled for Tuesday morning, the request must be received no later than the end of the business day on the previous Thursday.)

4. A Secondary Employment Officer request form will be provided to each Contractor. The Contractor making a request for a new assignment will complete section #1 of the request form and email it to the address listed on the request form. After the request form is received by the Secondary Employment Officer supervisor, Secondary Employment Officer(s) will be assigned and the completed form will be emailed back to the requesting Contractor. This form will contain the name(s) of assigned officer(s), direct cell phone numbers, the location of the assignment, and start time(s).

5. The process for canceling assigned Secondary Employment Officer(s) is the responsibility of the requesting Contractor. To cancel an assignment, the Contractor, or designee, shall contact the assigned Secondary Employment Officer(s) directly using the contact information included on the completed request form. Cancellation requires either actual contact with the assigned Secondary Employment Officer(s) or a voicemail message on the Secondary Employment Officer(s) listed cell phone number. Any cancellation less than 3 hours before the start time of the assignment will require the 3 hour minimum payment.

6. For questions related to this process, contact the Secondary Employment Unit at (408) 277-4980.

Note to Project Managers:

From now on, all references to Stormwater Pollution Prevention shall be addressed in the Water Pollution Control section of the Project Specifications (Section 01-57-23 for RWF CIP projects). If a SWPPP is required, you must determine the risk level for the project and include the appropriate specification determined by risk level and by who will be performing Qualified SWPPP Developer (QSD) and Qualified SWPPP Practitioner (QSP) responsibilities (City or Contractor).

If a SWPPP is not required, the project is still subject to the City’s water pollution control requirements and you should include an appropriate specification.

Sample specifications and pay item lists for projects with or without SWPPP requirements will be available in the Stormwater section of Forms on the Resources page of the Public Works Intranet site in the near future. For now, if you have any questions or require some assistance, please contact Brian Lee or Michael Mai. E-mail us at PW Stormwater Help with any questions.

Delete this note prior to including this Section in your project Special Provisions.

END OF AMENDMENTS
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

CITY OF SAN JOSE SPECIAL PROVISIONS

ENVIRONMENTAL SERVICES DEPARTMENT
CPMS 7758 Digested Sludge Dewatering
Facility 01 73 03 - 23 NON-MUNICIPAL
REVISED 7/14/2020

BEGINNING OF WORK AND TIME OF COMPLETION
The Contractor shall diligently prosecute the contract to completion before the expiration of [XX] WORKING DAYS from the first chargeable day as set forth in the “Notice to Proceed.”

LIQUIDATED DAMAGES
The Contractor shall pay to the City of San José the sum of [Insert defendable liquidated damages rate.

Spell dollar amount] ($xxxx.00 ) per day for each and every day’s delay in finishing the work in excess of the number of days prescribed above.

EQUALITY ASSURANCE
The Contractor shall comply with the Nondiscrimination / Nonpreferential Treatment requirements set forth in Attachment 1 and Attachment 3 pursuant to Chapter 4.08 of the City of San José Municipal Code. The Contractor shall comply with the Prevailing Wage requirements set forth in Attachment 5. Attachment 1, Attachment 3, and Attachment 5 are attached and are a part of these special provisions.

INSURANCE REQUIREMENTS
Attention is directed to Attachment 4, “Insurance Requirements”, of these special provisions.

END OF SECTION
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 3643403.6 042907 CTR
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

San Jose City CouncilMarch 1, 2022

San Jose City Council
March 1, 2022